Section 20209.9 Of Article 6.8. Transit Design-build Contracts From California Public Contract Code >> Division 2. >> Part 3. >> Chapter 1. >> Article 6.8.
20209.9
. If the governing body of a transit operator elects to
award a transit capital project through the design-build selection
process pursuant to this article, all of the following apply:
(a) The retention proceeds withheld by the transit operator from
the design-build entity listed at the time of bid shall not exceed 5
percent.
(b) The transit operator shall not withhold retention from
payments to the design-build entity for actual costs incurred and
billed for design services, construction management services, or
where applicable, for completed operations and maintenance services.
(c) In a contract between the design-build entity and a
subcontractor, and in a contract between a subcontractor and any
subcontractor thereunder, the percentage of the retention proceeds
withheld may not exceed the percentage specified in the contract
between the transit operator and the design-build entity. If the
design-build entity provides written notice to any subcontractor who
is not a member of the design-build entity, prior to or at the time
that the bid is requested, that a bond may be required and the
subcontractor subsequently is unable or refuses to furnish a bond to
the design-build entity, then the design-build entity may withhold
retention proceeds in excess of the percentage specified in the
contract between the transit operator and the design-build entity
from any payment made by the design-build entity to the
subcontractor.
(d) In accordance with the provisions of applicable state law, the
design-build entity may be permitted to substitute securities in
lieu of the withholding from progress payments specified in
subdivision (b). Substitutions shall be made in accordance with
Section 22300 of the Public Contract Code.
(e) Upon request, the transit operator shall provide a list of
parties who have requested a bid package.