REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
September 22, 2026
FROM
MOE YOUSIF, Interim Director, Project and Facilities Management Department
BEAHTA R. DAVIS, Director, Regional Parks Department
SUBJECT
Title
Escrow Agreement with Dalke & Sons, Construction, Inc., for the Mojave Splash Pad Reconstruction Project
End
RECOMMENDATION(S)
Recommendation
Approve Escrow Agreement with Dalke & Sons Construction, Inc., allowing for deposit of progress payment retention in an escrow account in lieu of County held retention for the Mojave Splash Pad Reconstruction Project.
(Presenter: Moe Yousif, Interim Director, 387-5000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). There are no costs associated with the approval of the escrow agreement.
BACKGROUND INFORMATION
The Mojave Splash Pad Reconstruction Project (Project ) (WBSE 10.10.1436) overall scope of work is the demolition and reconstruction of the existing splash pad and associated mechanical equipment, upgrading the primary electrical system to supply sufficient power to the new splash pad equipment, demolishing an existing wooden picnic shelter to construct a new mechanical equipment enclosure, remodeling of the existing restroom and shower facility to bring the facility into Americans with Disabilities Act (ADA) compliance, and constructing new ADA complaint parking and associated pathways.
On June 23, 2026 (Item No. 96), as a result of Advertisement for Bids No. ANE223-ANE2C-6342, a construction contract was awarded to Dalke & Sons Construction, Inc. (Contractor) for the Project. At the time of award, the Contractor had not requested that retention payments, required to be withheld, be deposited into an escrow account, pursuant to Public Contract Code section 22300. Following award of the construction contract, the Contractor is requesting that retention payments, required to be withheld, be deposited into an escrow account.
Retention payments represent five percent of each monthly progress payment withheld until project completion. This withholding serves as a financial safeguard to ensure the contractor fully and properly completes the entire scope of work as specified in the Contract. Public Contract Code section 22300 mandates that public agencies permit this form of payment retention.
Approval of the recommendation will authorize the Project and Facilities Management Department to complete the escrow agreement with the Contractor. This escrow agreement will remain in effect for the duration of the Project and a minimum of 35 days following the acceptance of the Project as 100% complete.
This Project is consistent with the County Administrative Office approved CIP request No. 23-140.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Daniel Pasek, Deputy County Counsel, 387-5455) on August 3, 2026; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on August 5, 2026; Regional Parks (Nicholas Miller, Administrative Supervisor, 387-2340) on August 4, 2026; Project and Facilities Management (Sarah Riley, Chief of Project Management, 387-5115) on August 3, 2026; and County Finance and Administration (Elias Dueñas, Administrative Analyst, 387-4052, and Yael Verduzco, Principal Administrative Analyst, 387-5285) on September 1, 2026.