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submitted to the City within ten (10) calendar days after the end of each week in which the <br /> bidder or subcontractor performed its work on the public work project. The City may withhold <br /> payment due for work performed by a bidder if the bidder fails to timely submit its certified <br /> payroll reports until such time as such certified payroll reports are submitted. The City may also <br /> withhold payment due for work performed by a subcontractor if the subcontractor fails to timely <br /> submit its certified payroll reports until such time as such certified payroll reports are submitted. <br /> The City shall not withhold payment to a bidder for work performed by the bidder or for work <br /> performed by subcontractors who have submitted their certified payroll reports, because one or <br /> more other subcontractors failed to timely submit their certified payroll reports. <br /> Section 11. Public Records <br /> All information submitted by a bidder or a subcontractor pursuant to this Ordinance, <br /> including certified payrolls, are public records subject to review pursuant to the Indiana Access <br /> to Public Records law (IC 5-14-3). <br /> Section 12. Materiality <br /> The requirements of this Ordinance are a material part of the bidding documents and any <br /> contract for a public work project subject to this Ordinance. The City shall include a copy of the <br /> Ordinance and a copy of the forms for submission of the information required in Section 3 and 4 <br /> above, in all bidding documents for all public work projects subject to the Ordinance. If the City <br /> fails to include a copy of the Ordinance in such bidding documents, the City may not reject a bid <br /> submitted by a bidder on the basis that the bidder failed to submit the information required in <br /> Section 3 or 4 in accordance with the applicable time periods: provided, however.. that the City <br /> may require bidders to submit such information after bids are submitted and then consider such <br /> information in determining whether or not a bidder is "responsible." Regardless of whether or <br /> not the Ordinance is included in the bidding documents, however, any bidder awarded a contract <br /> for a public work project subject to this Ordinance is subject to the requirements of this <br /> Ordinance. <br /> Any bidder awarded a contract for a public work project subject to this Ordinance shall <br /> insert provisions in all subcontracts for the public work project that require the subcontractor: (a) <br /> to perform the subcontractor's obligations under this Ordinance; and (b) to include similar <br /> language in all lower-tiered subcontracts for the public work project: provided, however, that a <br /> subcontractor performing any work on a public work project subject to this Ordinance shall be <br /> subject to this Ordinance regardless of whether or not such provisions are included in its <br /> subcontract. <br /> Section 13. Severability <br /> If any portion of this Ordinance or the application thereof to any person or circumstance <br /> is held invalid, such invalidity shall not affect other portions or applications of this Ordinance <br /> 7 <br />