§ 79-6. Responsibilities of construction contractors.

A. 

General responsibilities of construction contractors.

(1) 

Coverage. This § 79-6 applies to all construction contractors.

(2) 

Designation of contact person. At time of award of a contract to perform construction work as part of a City project or any other covered project, each construction contractor shall designate a contact person for all matters related to implementation of this policy. Each construction contractor shall forward the name, address and phone number of the designated individual to the City. If the contact person changes, the construction contractor shall immediately notify the City.

(3) 

Include First Source Hiring and Business Enterprise Policy in contracts. Each construction contractor entering into any subcontract, or contract, relating to the construction, maintenance, or operation of a City project or any other covered project shall include compliance with the entirety of this policy as a material term of such subcontract, contract, deed, or lease.

(4) 

Cooperation with monitoring efforts. Each construction contractor shall make available to the City all requested records and information relevant to monitoring and enforcement of this policy. The City shall not use such records or information for any purpose other than monitoring or enforcement of this policy, and shall not release trade secrets or information regarding employees designated by name. Construction contractors may redact names and social security numbers from requested documents in order to protect the privacy of individual employees, although the City may require that a construction contractor provide addresses of individuals if place of residency is an issue. Where a construction contractor has redacted names and social security numbers from documents it has provided to the City, the construction contractor shall grant the City on-site access to unredacted version of such documents during normal business hours upon the City's request. Each construction contractor shall allow the City access to job sites and employees during usual business hours as the City deems necessary to monitor compliance with this policy. Each construction contractor agrees to the provisions of § 79-7 regarding monitoring and enforcement of this policy.

B. 

Construction contractor responsibilities regarding employees.

(1) 

Coverage. This subsection applies to any employment by a construction contractor in fulfillment of the construction contractor's responsibilities under a contract to perform construction work as part of a City development project or any other covered project.

(2) 

Thirty-percent local employment goal. Thirty percent of all work-hours in each trade shall be performed by residents. Each construction contractor shall either achieve this goal or demonstrate that it made good faith efforts to do so.

(3) 

Good faith efforts. For purposes of this subsection, good faith efforts shall mean diligent efforts to locate and employ qualified residents. Good faith efforts include:

(a) 

At least three days prior to hiring for any job, providing to the City written notification of employment opportunities for residents;

(b) 

Working closely and cooperatively with the City to locate and employ residents;

(c) 

Making reasonable modifications to crew structures to facilitate employment of residents;

(d) 

Promptly contacting the City if difficulty in reaching the goal is anticipated or encountered;

(e) 

Maintaining a file on the job site of the names and addresses of each resident referred to the construction contractor from any source, and, for residents not hired, the reasons therefor; and if a union hiring hall with which the construction contractor has a collective bargaining agreement fails to refer a resident requested by that construction contractor, advise the City.

(4) 

Existing workforce. The existence of a crew or workforce usually employed by a construction contractor shall not affect the construction contractor's responsibilities under this policy.

(5) 

Nondiscrimination. Construction contractors shall not discriminate against residents in any terms and conditions of employment, including retention, promotions, job duties, and training opportunities.

C. 

Construction contractor responsibilities when awarding subcontracts.

(1) 

Coverage. This subsection applies to the award of any contract by a construction contractor, including, but not limited to, subcontracts, supply contracts, and lower-tier subcontracts, related to that construction contractor's fulfillment of a contract to perform construction work as part of any City development project or any other covered project.

(2) 

Subcontracting goal of 30%. Each construction contractor that awards any contract covered by this subsection is subject to a thirty-percent subcontracting goal for small local businesses. Under this requirement, each construction contractor shall either meet this goal or demonstrate that it made good faith efforts to do so. In order to demonstrate good faith efforts, construction contractors shall prepare and forward to the City a summary of outreach and assistance efforts to small local businesses, including each of the requirements listed in Subsection C(4) below. If a construction contractor awards only one contract covered by this subsection, the construction contractor shall either award that contract to a small local business or make good faith efforts to do so. The thirty-percent subcontracting goal does not apply to any construction contractor that does not award any contracts covered by this section.

(3) 

Definition of good faith efforts. Good faith efforts include:

(a) 

At least two weeks before award of the contract in question, providing notification of subcontracting opportunities and procedure for bidding on all contracts to small local businesses on a list provided by the City; such notification shall include project specifications, location of the project, contact information for the construction contractor's representative who is familiar with the project, trades required, and bonding and insurance requirements for the contract;

(b) 

At least two weeks before award of the subcontract in question, advertising the opportunity to bid in a designated local publication;

(c) 

Holding a pre-bid meeting for small local businesses in which opportunities for subcontracts are described and can be discussed;

(d) 

Providing pre-bid technical assistance to small local businesses that have expressed interest in bidding;

(e) 

Engaging in one-on-one review of bids submitted by small local businesses;

(f) 

Working with the City to help small local businesses who might participate obtain bonding and insurance;

(g) 

Where feasible, facilitating joint venturing and second-tier subcontracting in an effort to include small local businesses in the project; and

(h) 

Where feasible, breaking down large subcontracts into smaller subcontracts where doing so would make small local business participation possible.

(4) 

Include First Source Hiring and Local Business Enterprise Policy in contracts. Each construction contractor entering into a contract or subcontract covered by this subsection shall include compliance with the entirety of this policy as a material term of such contract or subcontract.

(5) 

Reporting requirements. Within three days of the award of any contract covered by this subsection, the awarding construction contractor shall provide to the City the following information: the name, address, and telephone number of the subcontractor, whether that subcontractor is a small local business, and the projected dollar amount of the contract. For each contract that was not awarded to a small local business, the construction contractor shall provide written documentation of good faith efforts taken with regard to award of that contract. The City may assist construction contractors by preparing forms to be completed for this purpose.