(A) All bidders shall provide a written list that discloses the name, address, and type of work for each first-tier subcontractor from whom the bidder has accepted a bid and/or intends to hire on any part of the public work project, including individuals performing work as independent contractors, within five business days after the date the bids are due.
(B) In addition, each such first-tier subcontractor shall be required to adhere to the requirements of § 34.105 as though it were bidding directly to the county, except that first-tier subcontractors shall submit the required information (including the name, address, and type of work for each of their first-tier subcontractors) to the successful bidder no later than five business days after the subcontractor's first day of work on the public work project and the bidder shall then forward said information to the county. Payment shall be withheld from any first-tier subcontractor who fails to timely submit said information until such information is submitted and approved by the county.
(C) Upon request, the county may require any second and lower-tier subcontractors to provide the required information (including name, address, type of work on the project and the name of the higher-tier subcontractor). Payments shall be withheld from any second or lower-tiered contractor who fails to timely submit this information until this information is submitted and approved by the county. Additionally, the county may require the successful bidder and relevant subcontractor to remove the second or lower-tier subcontractor from the project and replace it with a responsive and responsible subcontractor.
(D) 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 county may withhold all payments otherwise due for work performed by a subcontractor, until the subcontractor submits the required information and the county approves such information. The county may also require that successful bidder to remove the subcontractor from the project and replace it with a responsive and responsible subcontractor.
(E) 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 county 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 subchapter.
(Ord. 2019-3, passed 3-20-19)