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Upon request, the City may require any second- and lower-tier subcontractors to provide <br /> a written list that discloses the name, address, and type of work for each of their first-tier <br /> subcontractors to the successful bidder. Payments shall be withheld from any second- or lower <br /> tier subcontract who fails to timely submit said information until such information is submitted <br /> and approved by the City. <br /> Failure of a subcontractor to submit the required information shall not disqualify the <br /> successful bidder from performing work on the project and shall not constitute a contractual <br /> default and/or breach by the successful bidder. However, the City may withhold all payments <br /> otherwise due for work performed by a subcontractor, until the subcontractor submits the <br /> required information and the City approves such information. <br /> The disclosure of a subcontractor ("Disclosed Subcontractor") by a bidder or a <br /> subcontractor shall not create any rights in the Disclosed Subcontractor. Thus, a bidder and/or <br /> subcontractor may substitute another subcontractor ("Substitute Subcontractor") for a Disclosed <br /> Subcontractor by giving the City written notice of the name, address, and type of work of the <br /> Substitute Subcontractor. The Substitute Subcontractor is subject to all of the obligations of a <br /> subcontractor under this Ordinance. <br /> Section 5. Additional Criteria Available <br /> If the criteria in Sections 3 and 4 are otherwise satisfied, the Cite may also consider the <br /> following in detenmining whether or not a bidder is a 'responsible bidder' for purposes of <br /> awarding the public work project: <br /> A. For projects in excess of 5100.000, the City may require submission of Form 96 — <br /> Contractor's Bid for Public Work and may consider the information contained in said <br /> document if the submission of said document was required by the bidding documents <br /> and/or required by applicable bidding statutes and laws. <br /> B. Any determinations by a court or governmental agency for violations of federal, state. or <br /> local laws including, but not limited to violations of contracting or antitrust laws, tax or <br /> licensing laws, environmental laws. ;he Occupational Safety and Health Act (OSHA), the <br /> National Labor Relations Act (XLRA), or federal Davis-Bacon and related Acts. <br /> Section 6. Credit Toward Bid Award <br /> The following criteria shall be used as credit toward a bid in determining the lowest <br /> responsible bidder if the City provides in the solicitation that local credits shall apply. If the City <br /> applies any credit(s) towards a bid, the credit(s) will not reduce the amount of a contract. <br /> EXAMPLE: $1,000.000 bid, receives 550.000 local bidder credit. For purposes of <br /> determining the lowest bidder, the contractor's bid is 5950,000. However, the contract price <br /> will remain 51.000.000. <br /> A. The City shall apply a credit equal to 5% or $50,000, whichever is less, based on the local <br /> bidder's bid. A local bidder is an individual or business entity that (1) establishes it has a <br /> 5 <br />