Section 20155.6 Of Article 3.7. Best Value Construction Contracting For Counties Pilot Program From California Public Contract Code >> Division 2. >> Part 3. >> Chapter 1. >> Article 3.7.
20155.6
. (a) If a county elects to award a project pursuant to this
article, retention proceeds withheld by the county from the selected
best value contractor shall not exceed 5 percent if a performance
and payment bond, issued by an admitted surety insurer, is required
in the solicitation of bids.
(b) In a contract between the selected best value contractor and a
subcontractor, and in a contract between a subcontractor and any
subcontractor thereunder, the percentage of the retention proceeds
withheld shall not exceed the percentage specified in the contract
between the county and the selected best value contractor. If the
selected best value contractor provides written notice to a
subcontractor that, prior to or at the time the bid is requested, a
bond may be required and the subcontractor subsequently is unable or
refuses to furnish a bond to the selected best value contractor, then
the selected best value contractor may withhold retention proceeds
in excess of the percentage specified in the contract between the
county and the selected best value contractor from any payment made
by the selected best value contractor to the subcontractor.