Flushing Library Contract eBook

NYC AGENCY RENOVATION & REHAB CITY OWNED BUILDINGS/STRUCTURES PLA

the Delinquent Contractor which the union or fringe benefit fund claims to be due it, and

shall remit the amount when and so withheld to the fringe benefit fund and deduct such

payment from the amounts then otherwise due and payable to the General Contractor,

which payment shall, as between the General Contractor and the Agency, be deemed a

payment by the Agency to the General Contractor; provided however, that in any month,

such withholding shall not exceed the amount contained in the General Contractor's

monthly invoice for work performed by the Delinquent. Contractor. The union or its

employee benefit funds shall include in its notification of delinquent payment of fringe

benefits only such amount it asserts the Delinquent Contractor failed to pay on the specific

project against which the claim is made and the union or its employee benefit funds may

not include in such notification any amount such Delinquent Contractor may have failed to

pay on any other City or non-City project.

2.

In addition, where a union or employee benefit fund gives notice to the

City that a Contractor is Delinquent as defined in subsection 2(D)(1) above and the City

determines that the notice includes appropriate back-up documentation that the Contractor

is delinquent, the City will promptly, but not later than twenty (20) days after receipt of the

notice, provide a copy of said notice to City Agencies. In the event the City determines

there is insufficient back-up documentation, it will notify the appropriate union and/or

fringe benefit fund promptly, but not later than twenty (20) days after receipt of the

Delinquency Notice, and shall include notice of what additional documentation is

requested. Any determination by the City that there is insufficient back-up must be

reasonable. This provision is intended to enhance compliance with the prevailing wage

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Execution Copy 2015-2018

Solicitation and Contract Version - June 2016