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Appendix A December 2010 Final
B. Any notice, direction, or communication from either party to the other shall be in writing and shall
be deemed to have been given when (i) delivered personally; (ii) sent by certified mail, return receipt requested; (iii)
delivered by overnight or same day courier service in a properly addressed envelope with confirmation; or (iv) sent
by fax or email and, unless receipt of the fax or e-mail is acknowledged by the recipient by fax or e-mail, deposited
in a post office box regularly maintained by the United States Postal Service in a properly addressed, postage prepaid
envelope.
C. Nothing in this Section shall be deemed to serve as a waiver of any requirements for the service of
notice or process in the institution of an action or proceeding as provided by Law, including the New York Civil
Practice Law and Rules.
Section 14.05 Monies Withheld
When the Commissioner shall have reasonable grounds for believing that: (1) the Contractor will be unable
to perform this Contract fully and satisfactorily within the time fixed for performance; or (2) a meritorious claim
exists or will exist against the Contractor or the City arising out of the negligence of the Contractor or the
Contractor’s breach of any provision of this contract; then the Commissioner or the Comptroller may withhold
payment of any amount otherwise due and payable to the Contractor hereunder. Any amount so withheld may be
retained by the City for such period as it may deem advisable to protect the City against any loss and may, after
written notice to the Contractor, be applied in satisfaction of any claim herein described. This provision is intended
solely for the benefit of the City, and no person shall have any right against the Commissioner or claim against the
City by reason of the Commissioner's failure or refusal to withhold monies. No interest shall be payable by the City
on any amounts withheld under this provision. This provision is not intended to limit or in any way prejudice any
other right of the City.
Section 14.06 Noise Control
The Contractor shall comply with Section 24-216(b) of the Administrative Code of the City of New York
and with the New York City Noise Control Code and with all regulations issued pursuant to Section 24-216(b) of the
Administrative Code or the Noise Control Code.
Section 14.07 Ultra Low Sulfur Diesel Fuel (Administrative Code)
Ultra Low Sulfur Diesel Fuel: In accordance with the provision of Section 24-163.3 of the New York City
Administrative Code, the Contractor specifically agrees as follows:
I. Definitions: For the purpose of this Article, the following definitions apply:
A. “Contractor” means any person or entity that enters into a Public Works Contract with a City agency, or
any person or entity that enters into an agreement with such person or entity, to perform work or provide labor or
services related to such Public Works Contract.
B. “Lower Manhattan” means the area of New York County consisting of the area to the south of and
within Fourteenth Street.
C. “Motor Vehicle” means any self-propelled vehicle designed for transporting persons or property on a
street or highway.
D. “Nonroad Engine” means an internal combustion engine (including the fuel system) that is not used in a
Motor Vehicle or a vehicle used solely for competition, or that is not subject to standards promulgated under section
7411 or section 7521 of title 42 of the United States Code, except that this term shall apply to internal combustion
engines used to power generators, compressors or similar equipment used in any construction program or project.
E. “Nonroad Vehicle” means a vehicle that is powered by a Nonroad Engine, fifty horsepower and greater,
and that is not a Motor Vehicle or a vehicle used solely for competition, which shall include, but not be limited to,
excavators, backhoes, cranes, compressors, generators, bulldozers and similar equipment, except that this term shall
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