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01-13-14 Council Agenda & Packet
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01-13-14 Council Agenda & Packet
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1/10/2014 2:47:58 PM
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City Council - City Clerk
City Council - Document Type
Agendas
City Counci - Date
1/13/2014
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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 />
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