(A) Each subcontractor of any tier shall be required to adhere to the requirements of § 37.055, but subcontractors shall submit the required information to the successful bidder, who shall then submit said information to the city prior to the subcontractor’s first day of work on the public works project.
(B) (1) 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 or breach by the successful bidder. However, payment shall be withheld from any subcontractor who fails to timely submit said information until such information is submitted and approved by the city.
(2) Additionally, the city may require the successful bidder and/or relevant subcontractor to remove a subcontractor from the project and replace it with a responsive and responsible subcontractor.
(C) (1) The disclosure of a subcontractor by a bidder or a subcontractor shall not create any rights in the disclosed subcontractor. Thus, a bidder and/or a subcontractor may substitute another subcontractor for a disclosed subcontractor by giving the city written notice of the name, address, and type of work the substitute subcontractor will perform.
(2) The substitute subcontractor is subject to all of the obligations of a subcontractor under this chapter.
(Ord. 22-0005, passed 2-23-2022)