Flushing Library Contract eBook

NYC AGENCY RENOVATION & REHAB CITY OWNED BUILDINGS/STRUCTURES PLA law and the PLA with respect to the payment of fringe benefits, and is not intended as a

substitute for the resolution of a disputed claim pursuant to any applicable law or

agreement.

The City and the relevant Agency(s) will thereafter require the Delinquent

Contractor to provide cancelled checks or other equivalent proof of payment of benefit

contributions that have come due, to be submitted with certified payroll reports for all

Program Work covered by this Agreement on which the Delinquent Contractor is engaged,

for at least a one-year period or such earlier period if the Contractor is ultimately

determined not be a Delinquent Contractor. Such proof of payment when required is a

condition of payment of the Delinquent Contractor's invoices by any entity, including, but

not limited to, the City, the relevant Agency(s), Construction Manager, General

Contractor, the prime or higher level subcontractor, as is appropriate under the

Delinquent Contractor's engagement. The union and the funds shall upon request receive

copies of the certified payrolls, cancelled checks, or other proof of payment from the City

and/or the relevant Agency(s).

E.

In the event the General Contractor or Delinquent Contractor shall

notify the Agency as above provided that the claim of the union or fringe benefit fund is in

dispute, the Agency shall withhold from amounts then or thereafter becoming due and

payable to the General Contractor an amount equal to that portion of such payment due to

the General Contractor that relates solely to the work performed by the Delinquent

Contractor that the union and/or fringe benefit fund claims to be due it, pending resolution

of the dispute pursuant to the union's Schedule A agreement, and the amount shall be paid

to the party or parties ultimately determined to be entitled thereto, or held until the 35

Execution Copy 2015-2018

Solicitation and Contract Version - June 2016