REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
April 7, 2026
FROM
NOEL CASTILLO, Director, Department of Public Works - Transportation
SUBJECT
Title
Escrow Agreement with the Griffith Company for the Glen Helen Parkway Bridge Over Cajon Wash Project in the Devore Area
End
RECOMMENDATION(S)
Recommendation
1. Approve Escrow Agreement for Security Deposits in Lieu of Retention between Griffith Company, Cathay Bank, and San Bernardino County, pursuant to the Public Contract Code Section 22300, for the Glen Helen Parkway Bridge Over Cajon Wash Project in the Devore Area.
2. Authorize the Director of the Department of Public Works to execute the Escrow Agreement for Security Deposits in Lieu of Retention and to provide and receive written notice under the Escrow Agreement for the Glen Helen Parkway Bridge Over Cajon Wash Project in the Devore Area, subject to review by County Counsel.
3. Direct the Director of the Department of Public Works to transmit the Escrow Agreement for Security Deposits in Lieu of Retention to the Clerk of the Board of Supervisors within 30 days of execution.
(Presenter: David Doublet, Assistant Director, 387-7906)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Promote and Fulfill the Countywide Vision.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). The Escrow Agreement for Security Deposits in Lieu of Retention (Escrow Agreement) does not modify or affect the financial terms of the existing construction contract with the Griffith Company, for the Glen Helen Parkway Bridge Over Cajon Wash Project in the Devore Area (Project), which totals $41,720,920.94, as approved by the Board of Supervisors (Board) on April 29, 2025 (Item No. 53). This item directs the placement of withheld retention into an escrow account, at no cost to the Department.
BACKGROUND INFORMATION
The Project proposes constructing a four-lane bridge over Cajon Wash that will connect to the existing grade separation crossing the Union Pacific and Burlington Northern Santa Fe railroad lines. On April 29, 2025 (Item No. 53), the Board awarded Construction Contract No. 25-234 for the Project to Griffith Company in the amount of $41,720,920.94. This Project is underway and expected to be completed by the summer of 2027.
Retention in construction is a percentage of a payment that a project owner holds back from a contractor until the project is completed to the required standard. This practice is a financial security measure to ensure the contractor finishes the job, fixes defects, and successfully satisfies the contract’s terms. Under this construction contract, five percent of each monthly progress payment is withheld as retention until the Project is accepted as complete. Public Contract Code Section 22300 permits contractors to request that retention amounts be deposited into an escrow account in lieu of direct withholding by the County. The Griffith Company has elected this option and identified and requested Cathay Bank as its escrow agent. The Escrow Agreement will remain in effect throughout the Project and for at least 35 days following formal acceptance of the completed work.
The Department of Public Works recommends approval of the Escrow Agreement. Approval is necessary to comply with Public Contract Code Section 22300, to ensure the timely processing of retention payments, and to avoid delay to this critical infrastructure project. The escrow services are provided at no cost to the County, with fees borne by the contractor, and Cathay Bank is an established escrow provider for public works projects.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Aaron Gest, Deputy County Counsel, 387-5455) on March 2, 2026; Purchasing (Dylan Newton, Buyer III, 387-3377) on March 6, 2026; and County Finance and Administration (Kathleen Gonzalez, Administrative Analyst, 387-5412) on March 24, 2026.