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The town, after review of complete and timely submissions, shall, in its sole discretion, after taking into account all information in the submission requirement, determine whether a bidder is responsive and responsible. In making this determination, the town specifically reserves the right to utilize all information provided in the contractor or subcontractor's submission or any information obtained by the town through its own independent verification of the information provided by the contractor.
(Ord. 1405, passed 12-7-21)
(A) For projects in which the cost is at least $500,000, the successful bidder and all subcontractors working on a public works projects shall submit a certified payroll report utilizing the federal form now known as WH-347 which must be prepared on a weekly basis and submitted to the town within ten calendar days after the end of each week in which the bidder or subcontractor performed its work on the public work project. These certified payroll reports shall identify the job title and craft of each employee on the project, e.g. journeyman electrician or apprentice electrician. In the event that any contractor or subcontractor uses independent contractors to perform work on the project, such individual must be identified on the WH-347 form with the same information as is required for employees.
(B) The town may withhold payment due for work performed by a bidder if the bidder fails to timely submit its certified payroll reports until such time as such certified payroll reports are submitted. The town may also withhold payment due for work performed by a subcontractor if the subcontractor fails to timely submit its certified payroll reports until such time as certified payroll reports are submitted. The town shall not withhold payment to a bidder for work performed by the bidder or for work performed by subcontractors who have submitted their certified payroll reports, because one or more other subcontractors failed to timely submit their certified payroll reports.
(Ord. 1405, passed 12-7-21)
All information submitted by a bidder or subcontractor pursuant to this subchapter, including certified payrolls, are public records subject to inspection and copying pursuant to the Indiana Access to Public Records Law (IC 5-14-3), subject to exclusions listed in IC 5-14-3-4.
(Ord. 1405, passed 12-7-21)
Any bidder that willfully makes, or willfully causes to be made, a false, deceptive or fraudulent statement, or willfully submits false, deceptive or fraudulent information in connection with any submission made to the town shall be disqualified from bidding on all town public works projects for a period of three years. Thereafter, the disqualified bidder shall comply with all requirements of this subchapter, as amended from time to time, and the town thereafter by its Town Council, shall determine in its sole discretion, whether the bidder entity, is again a qualified bidder for town public works projects.
(Ord. 1405, passed 12-7-21)