Bill 77-15 Establishign responsible bidder requirmetns on public works projects

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Upon request, the City may require any second -7 ,,and lower -tier subcontractors to provide a written list that discloses the name, address, and type of work for each of their first -tier subcontractors to the successful bidder. Payments shall be withheld from any second- or lower tier subcontract who fails to timely submit said information until such information is submitted and approved by the City. Failure of a subcontractor to submit the required information shall not disqualify the successful bidder from performing work on the project and shall not constitute a contractual default and/or breach by the successful bidder. However, the City may withhold all payments otherwise due for work performed by a subcontractor, until the subcontractor submits the required information and the City approves such information. The disclosure of a subcontractor ( "Disclosed Subcontractor ") by a bidder or a subcontractor shall not create any rights in the Disclosed Subcontractor. Thus, a bidder and/or subcontractor may substitute another subcontractor ( "Substitute Subcontractor ") for a Disclosed Subcontractor by giving the City written notice of the name, address, and type of work of the Substitute Subcontractor. The Substitute Subcontractor is subject to all of the obligations of a subcontractor under this Ordinance. Section 5. Additional Criteria Available If the criteria in Sections 3 and 4 are otherwise satisfied, the City may also consider the following in determining whether or not a bidder is a "responsible bidder" for purposes of awarding the public work project: A. For projects in excess of $ 000,000, the City may require submission of Form 96 — Contractor's Bid for Public Work and may consider the information contained in said document if the submission of said document was required by the bidding documents and /or required by applicable bidding statutes and laws. B. Any determinations by a court or governmental agency for violations of federal, state, or local laws including, but not limited to violations of contracting or antitrust laws, tax or licensing laws, environmental laws, the Occupational Safety and Health Act (OSHA), the National Labor Relations Act (NLRA), or federal Davis -Bacon and related Acts. Section 6. Credit Toward Bid Award The following criteria shall be used as credit toward a bid in determining the lowest responsible bidder if the City provides in the solicitation that local credits shall apply. If the City applies any credit(s) towards a bid, the credit(s) will not reduce the amount of a contract. EXAMPLE: $1,000,000 bid, receives $50,000 local bidder credit. For purposes of determining the lowest bidder, the contractor's bid is $950,000. However, the contract price will remain $1,000,000. A. The City shall apply a credit equal to 5% or $50,000, whichever is less, based on the local bidder's bid. A local bidder is an individual or business entity that (1) establishes it has a 5