Upon request, the Town may require all bidders to 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 (5) business days after the date the bids are due.
In addition, each listed first-tier subcontractor shall be required to adhere to the requirements of this Ordinance as though it were bidding directly to the Town, 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 (5) business days after the subcontractor's first day of work on the public work project and the bidders shall immediately forward said information to the Town. 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 Town.
The Town 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) within ten (10) calendar days. Payments shall be withheld from any second or low-tier contractor who fails to timely submit this information until this information is submitted and approved by the Town. Additionally, the Town may require the successful bidder and relevant subcontractor to remove the second or lower-tier subcontractor from the project and replace it with the responsive and responsible subcontractor.
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 Town may withhold all payments otherwise due for work performed by a subcontractor until the subcontractor submits the required information and the Town approved such information. The Town may also require that successful bidder to remove the subcontractor from the project and replace it with a responsive and responsible subcontractor.
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 Town 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, as amended from time to time.
(Ord. 1900, § 3, 4-12-17)