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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 City may also consider the <br />following in determining 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 $100,000, 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, the Occupational Safety and Health Act (OSHA), the <br />National Labor Relations Act (NLRA), 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 $50,000 local bidder credit. For purposes of <br />determining the lowest bidder, the contractor's bid is $950,000. However, the contract price <br />will remain $1,000,000. <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 />