A. 
When a developer/contractor has a referral agreement or arrangement with a union covering workers to be employed on a project to which this chapter applies, such developer/contractor shall submit with its bid a statement signed by an authorized union official, in which the union agrees as follows:
(1) 
Said union is aware of the terms, conditions and goals of this chapter.
(2) 
Said union shall make a good faith attempt to assist the developer/contractor and/or subcontractor, as the case may be, to comply with the terms, conditions and goals set forth within this chapter. A subcontractor will promptly notify the developer/contractor and the Affirmative Action Review Council of any failure on the part of a union to comply with the provisions of the above-described statement.
B. 
If a union has refused to sign the statement described above, the developer/contractor will document his/her efforts to obtain such statement, including a description of the reasons given by the union for not signing such statement, and will submit such documentation, together with his/her bid. A bid shall be deemed unresponsive if unaccompanied either by an acceptable union statement or by documentation as to why such a statement could not be obtained. In addition, the award of a contract or a subcontract will not be approved if such contractor has not submitted an acceptable union statement or an explanation of the failure to obtain a statement. The failure of the union to sign the statement described above does not excuse the developer/contractor from his/her obligation to comply with the conditions and provisions of this chapter.