Common use of Prevailing Wage Enforcement Clause in Contracts

Prevailing Wage Enforcement. The Contractor agrees to pay for all costs incurred by the City in enforcing prevailing wage requirements, including the cost of any investigation conducted by or on behalf of NYCDOT or the Comptroller, where the City discovers a failure to comply with any of the requirements of this Article 68 by the Contractor or its Subcontractor(s). The Contractor also agrees, that should it fail or refuse to pay for any such investigation, NYCDOT is hereby authorized to deduct from a Contractor’s account an amount equal to the cost of such investigation. 68.4.1. The Labor Law Section 220 and Section 220-d, as amended, provide that this Contract shall be forfeited and no sum paid for any Work done hereunder on a second conviction for willfully paying less than: 68.4.1.1. The stipulated wage scale as provided in Labor Law Section 220, as amended, or 68.4.1.2. Less than the stipulated minimum hourly wage scale as provided in Labor Law Section 220-d, as amended. 68.4.2. For any breach or violation of either Working Conditions (Article 68.3) and Minimum Wages (Article 68.2.6), the party responsible therefore shall be liable to the City for liquidated damages, which may be withheld from any amounts due on any Contracts with the City of such party responsible, or may be recovered in suits brought by the Corporation Counsel in the name of the City, in addition to damage for any other breach of this Contract, a sum equal to the amount of any underpayment of wages due to any employee engaged in the performance of this Contract. In addition, the Commissioner shall have the right to cancel Contracts and enter into other Contracts for the completion of the original Contract, with or without public letting, and the original Contractor shall be liable for any additional cost. All sums withheld or recovered as deductions, rebates, refunds, or underpayment of wages hereunder, shall be held in a special deposit account and shall be paid without interest, on order of the Comptroller, directly to the employees who have been paid less than minimum rates of pay as set forth herein and on whose account such sums were withheld or recovered, provided that no claims by employees for such payments shall be entertained unless made within two (2) years from the date of actual notice to the Contractor of the withholding or recovery of such sums by the City. 68.4.3. A determination by the Comptroller that a Contractor and/or its Subcontractor willfully violated Labor Law Section 220 will be forwarded to the City’s five District Attorneys for review. 68.4.4. The Contractor’s or Subcontractor’s noncompliance with this Article and Labor Law Section 220, may result in an unsatisfactory performance evaluation and the Comptroller may also find and determine that the Contractor or Subcontractor willfully violated the New York Labor Law. 68.4.4.1. An unsatisfactory performance evaluation for noncompliance with this Article may result in a determination that the Contractor is a non-responsible bidder on subsequent procurements with the City and thus a rejection of a future award of a contract with the City, as well as any other sanctions provided for by Xxx. 68.4.4.2. Labor Law Section 220-b, as amended, provides that when two (2) final determinations have been rendered against a Contractor or Subcontractor within any consecutive six (6) year period determining that such Contractor or Subcontractor has willfully failed to pay the prevailing rate of wages or to provide supplements in accordance with the Labor Law and this Article, whether such failures were concurrent or consecutive and whether or not such final determinations concerning separate public work projects are rendered simultaneously, such Contractor or Subcontractor shall be ineligible to submit a bid on or be awarded any public work contract with the City for a period of five (5) years from the second final determination. If the final determination involves the falsification of payroll records or the kickback of wages or supplements, the Contractor or Subcontractor shall be ineligible to submit a bid on or be awarded any public work contract with the City for a period of five (5) years from the first final determination.

Prevailing Wage Enforcement. The Contractor Construction Manager agrees to pay for all costs incurred by the City CUCF in enforcing prevailing wage requirements, including the cost of any investigation conducted by or on behalf of NYCDOT the Agency or the Comptroller, where the City CUCF discovers a failure to comply with any of the requirements of this Article 68 38 by the Contractor Construction Manager or its Subcontractor(s). The Contractor Construction Manager also agrees, that should it fail or refuse to pay for any such investigation, NYCDOT the Agency is hereby authorized to deduct from a Contractor’s account Construction Manager's Account an amount equal to the cost of such investigation. 68.4.1. 38.4.1 The Labor Law Section 220 and Section 220-d, as amended, provide that this Contract Agreement shall be forfeited and no sum paid for any Work done hereunder on a second conviction for willfully paying less than: 68.4.1.1. (a) The stipulated wage scale as provided in Labor Law Section 220, as amended, or 68.4.1.2. (b) Less than the stipulated minimum hourly wage scale as provided in Labor Law Section 220-d, as amended. 68.4.2. 38.4.2 For any breach or violation of either Working Conditions (Article 68.3) and Minimum Wages (Article 68.2.6)Wages, the party responsible therefore shall be liable to the City CUCF for liquidated damages, which may be withheld from any amounts due on any Contracts contracts with the City CUCF of such party responsible, or may be recovered in suits brought by the Corporation Counsel counsel in the name of the CityCUCF, in addition to damage for any other breach of this ContractAgreement, a sum equal to the amount of any underpayment of wages due to any employee engaged in the performance of this ContractAgreement. In addition, the Commissioner Director shall have the right to cancel Contracts contracts and enter into other Contracts contracts for the completion of the original ContractAgreement, with or without public letting, and the original Contractor Construction Manager shall be liable for any additional cost. All sums withheld or recovered as deductions, rebates, refunds, or underpayment of wages hereunder, shall be held in a special deposit account Account and shall be paid without interest, on order of the Comptroller, directly to the employees who have been paid less than minimum rates of pay as set forth herein and on whose account Account such sums were withheld or recovered, provided that no claims by employees for such payments shall be entertained unless made within two (2) years from the date of actual notice to the Contractor Construction Manager of the withholding or recovery of such sums by the CityCUCF. 68.4.3. 38.4.3 A determination by the Comptroller that a Contractor Construction Manager and/or its Subcontractor willfully violated Labor Law Section 220 will be forwarded to the City’s five appropriate District Attorneys for review. 68.4.4. 38.4.4 The Contractor’s Construction Manager's or Subcontractor’s 's noncompliance with this Article article and Labor Law Section 220, 220 may result in an unsatisfactory performance evaluation and the Comptroller may also find and determine that the Contractor Construction Manager or Subcontractor willfully violated the New York Labor Law. 68.4.4.1. (a) An unsatisfactory performance evaluation for noncompliance with this Article article may result in a determination that the Contractor Construction Manager is a non-responsible bidder bidder/proposer on subsequent procurements with the City CUCF or any other public owner and thus a rejection of a future award of a contract with the CityCUCF, as well as any other sanctions provided for by Xxx. 68.4.4.2. Law. (b) Labor Law Section 220-b, as amended, provides that when two (2) final determinations have been rendered against a Contractor Construction Manager or Subcontractor within any consecutive six (6) year period determining that such Contractor Construction Manager or Subcontractor has willfully failed to pay the prevailing rate of wages or to provide supplements in accordance with the Labor Law and this Articlearticle, whether such failures were concurrent or consecutive and whether or not such final determinations concerning separate public work projects are rendered simultaneously, such Contractor Construction Manager or Subcontractor shall be ineligible to submit a bid on or be awarded any public work contract with the City CUCF for a period of five (5) years from the second final determination. If the final determination involves the falsification of payroll records or the kickback of wages or supplements, the Contractor Construction Manager or Subcontractor shall be ineligible to submit a bid on or be awarded any public work contract with the City CUCF for a period of five (5) years from the first final determination. (c) Labor Law Section 220, as amended, provides that the Construction Manager or Subcontractor found to have violated this article may be directed to make payment of wages or supplements including interest found to be due, and the Construction Manager or Subcontractor may be directed to make payment of a further sum as a civil penalty in an amount not exceeding twenty-five (25%) percent of the total amount found to be due. 38.5 The Construction Manager and its Subcontractors shall within ten (10) Days after mailing of a Notice of Award or written order, post in prominent and conspicuous places in each and every plant, factory, building, and structure where employees of the Construction Manager and its Subcontractors engaged in the performance of this Agreement are employed, notices furnished by CUCF, in relation to prevailing wages and supplements, minimum wages and other stipulations contained in Section 220 of the Labor Law, and the Construction Manager and its Subcontractors shall continue to keep such notices posted in such prominent and conspicuous places until Final Acceptance of the supplies, materials, equipment, or Work, labor, or services required to be furnished or rendered under this Agreement. 38.6 The Construction Manager shall comply strictly with all of the provisions of Articles 38.6.1 through 38.6.5, and provide for all workers, laborers, and mechanics in its employ, the following:

Prevailing Wage Enforcement. The Contractor agrees to pay for all costs incurred by the City in enforcing prevailing wage requirements, including the cost of any investigation conducted by or on behalf of NYCDOT or the Comptroller, where the City discovers a failure to comply with any of the requirements of this Article 68 by the Contractor or its Subcontractor(s). The Contractor also agrees, that should it fail or refuse to pay for any such investigation, NYCDOT is hereby authorized to deduct from a Contractor’s account an amount equal to the cost of such investigation. 68.4.169.4.1. The Labor Law Section 220 and Section 220-d, as amended, provide that this Contract shall be forfeited and no sum paid for any Work done hereunder on a second conviction for willfully paying less than: 68.4.1.169.4.1.1. The stipulated prevailing wage scale as provided in Labor Law Section 220, as amended, or 68.4.1.269.4.1.2. Less than the The stipulated minimum hourly wage scale as provided in Labor Law Section 220-d, as amended. 68.4.269.4.2. For any breach or violation of either Working Conditions working conditions (Article 68.369.3) and Minimum Wages or minimum wages (Article 68.2.6)69.2.6) provisions, the party responsible therefore therefor shall be liable to the City for liquidated damages, which may be withheld from any amounts due on any Contracts contracts with the City of such party responsible, or may be recovered in suits actions brought by the City Corporation Counsel in the name of the City, in addition to damage damages for any other breach of this Contract, a sum equal to the amount of any underpayment of wages due to any employee engaged in the performance of this Contract. In addition, the Commissioner shall have the right to cancel Contracts contracts and enter into other Contracts contracts for the completion of the original Contract, with or without public letting, and the original Contractor shall be liable for any additional cost. All sums withheld or recovered as deductions, rebates, refunds, or underpayment of wages hereunder, shall be held in a special deposit account and shall be paid without interest, on order of the Comptroller, directly to the employees who have been paid less than minimum rates of pay as set forth herein and on whose account such sums were withheld or recovered, provided that no claims by employees for such payments shall be entertained unless made within two (2) years from the date of actual notice to the Contractor of the withholding or recovery of such sums by the City. 68.4.369.4.3. A determination by the Comptroller that a Contractor and/or its Subcontractor willfully violated Labor Law Section 220 will be forwarded to the City’s five District Attorneys for review. 68.4.469.4.4. The Contractor’s or Subcontractor’s noncompliance with this Article and Labor Law Section 220, may result in an unsatisfactory performance evaluation and the Comptroller may also find and determine that the Contractor or Subcontractor willfully violated the New York Labor Law. 68.4.4.169.4.4.1. An unsatisfactory performance evaluation for noncompliance with this Article may result in a determination that the Contractor is a non-responsible bidder on subsequent procurements with the City and thus a rejection of a future award of a contract with the City, as well as any other sanctions provided for by Xxx. 68.4.4.269.4.4.2. Labor Law Section 220-b, as amended, provides that when two (2) final determinations have been rendered against a Contractor or Subcontractor within any consecutive six (6) year period determining that such Contractor or Subcontractor has willfully failed to pay the prevailing rate of wages or to provide supplements in accordance with the Labor Law and this Article, whether such failures were concurrent or consecutive and whether or not such final determinations concerning separate public work works projects are rendered simultaneously, such Contractor or Subcontractor shall be ineligible to submit a bid on or be awarded any public work works contract with the City for a period of five (5) years from the second final determination. If the final determination involves the falsification of payroll records or the kickback of wages or supplements, the Contractor or Subcontractor shall be ineligible to submit a bid on or be awarded any public work works contract with the City for a period of five (5) years from the first final determination. 69.4.4.3. Labor Law Section 220, as amended, provides that the Contractor or Subcontractor found to have violated this Article may be directed to make payment of wages or supplements including interest found to be due, and the Contractor or Subcontractor may be directed to make payment of a further sum as a civil penalty in an amount not exceeding twenty-five (25%) percent of the total amount found to be due.