Construction / Reconstruction Contracts
EXHIBIT "N" - CONSTRUCTION / RECONSTRUCTION CONTRACTS
1. DISCRIMINATION. The successful bidder agrees:
(a) that in the hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;
(b) that no contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color, sex or national origin;
(c) that there may be deducted from the amount payable to the contractor by Erie Community College under this contract a penalty of fifty dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract;
(d) that this contract may be cancelled or terminated by Erie Community College and all monies due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract; and
(e) the aforesaid provisions of this section covering every contract for or on behalf
of Erie Community College for the manufacture, sale, or distribution of materials,
equipment, or supplies shall be limited to operations performed within the territorial
limits of the State of New York.
(N.Y. State Labor Law Article 8 Section 220-e)
(f) Provisions of the State Law Against Discrimination also prohibit discrimination in employment because of age.
2. CONSTRUCTION, RECONSTRUCTION, OR REPAIR CONTRACTS FOR PUBLIC WORKS FACILITIES are subject to minimum wage rates, as established by the State of New York Department of Labor. The successful bidder on any contract for public works to which the provisions of the New York State Labor Law Article 8 apply agrees that:
(a) No laborer, workman or mechanic in the employ of the contractor, subcontractor
or other person doing or contracting to do the whole or a part of the work contemplated
by the contract shall be permitted or required to work more than eight hours in any
one calendar day or more than five days in any one week except in cases of extraordinary
emergency including fire, flood or danger to life or property.
(Section 220, subd. 2, N.Y. State Labor Law)
(b) Each laborer, workman or mechanic employed by the contractor, subcontractor or
other person doing or contracting to do the whole or part of the work contemplated
by the contract shall be paid not less than the hourly minimum rate of wage and provided
supplements not less than the prevailing supplements as designated by the New York
State Industrial Commission.
(Section 220, subd. 3, N.Y. State Labor Law)
Wage and supplement rates are on file in the Purchasing Office.
3. AFFIRMATIVE ACTION PROGRAM AFFECTING CONSTRUCTION CONTRACTS. The Erie County Legislature
has adopted a resolution directing that County Construction Contracts require the
contractor to take affirmative action to secure equal opportunity for minority group
workers and to comply with the Affirmative Action Program of the County of Erie. The
Legislative resolution provides that a contract for the purchase of equipment involving
installation work by building trade employees shall be considered a construction contract
if the number of such employees on the job site shall at any time exceed ten (10).
If the contractor intends to have more than ten (10) such employees on the job site
at any one time, it shall be the contractor's obligation to make a written request
to the Erie Community College Business Manager for a copy of the special conditions
pertaining to affirmative action. The contractor shall not, at any time, place more
than ten (10) such employees on the job site except in compliance with the said resolution
and the said special conditions.