All contractors and subcontractors, as authorized
herein, that commence work pursuant to a Town contract issued by a
Town awarding agency where such compensation is funded, in whole or
in part, by the Town, shall comply with the following provisions herein
and shall complete a sworn affidavit (under penalty of perjury), the
form of which shall be established by the Town Attorney's office,
certifying compliance with the following:
(1)
The contractor has the ability, to the Town's satisfaction,
to substantially complete the subject contract work;
(2)
The contractor complies with the requirements of New
York State Labor Law, and any amendments thereto, with respect to
the payment of prevailing wages;
(3)
Subcontractors.
(a)
Prior to any contractor hiring or retaining
any subcontractor to perform any portion of the contract work, the
contractor must submit to the commissioner of the authorizing Town
department or to the Town-retained engineer the name of the subcontractor
and the work to be performed. The contractor shall be required to
and shall have obtained the written approval of the commissioner of
the authorizing Town department prior to the hiring or retaining of
any subcontractor in connection with the Town contract;
(b)
The subcontractor shall submit an affidavit,
under penalty of perjury, that it has sufficient employees to perform
the authorized work and that the subcontractor has complied with the
requirements of New York State Labor Law, and any amendments thereto,
with respect to the payment of prevailing wages; and
(c)
The authorized subcontractor shall be prohibited
from and has not hired or retained another subcontractor or any independent
contractor. The authorized subcontractor must have sufficient employees
for the contract work.
