 | Board of Visitors minutes October 16, 1933 |  |
PART TWO
CONSTRUCTION CONTRACTS
1. Construction Contracts. All construction contracts made by the University,
and all subcontracts for work on the Project shall be subject to the rules and regulations
adopted by the Government to carry out the purposes and control the administration of the
Act, and shall contain provisions appropriate to insure that:
(a) Convict labor. No convict labor shall be employed on the Project, and
no materials manufactured or produced by convict labor shall be used on the Project.(b) 30-Hour Week. Except in executive, administrative and supervisory
positions, so far as practicable and feasible in the judgment of the Government,
no individual directly employed on the Project shall be permitted to work more than
thirty hours in any one week, or, except in cases of emergency, on any Sundays or
legal holidays; but in accordance with rules and regulations from time to time
made by the Government, this provision shall be construed to permit working time
lost because of inclement weather or unavoidable delays in any one week to be made
up in the succeeding twenty days.(c) Wages.
(1) All employees shall be paid just and reasonable wages which shall be
compensation sufficient to provide, for the hours of labor as limited, a
standard of living in decency and comfort;(2) All contracts and subcontracts shall further prescribe such minimum
wage rates for skilled and unskilled labor as may be determined by the
Government and shall be subject to all rules and regulations which the
Government may promulgate in connection therewith. Such minimum rates, if
any, shall also be stated in all proposals of bids submitted, including
those of subcontractors; and a clearly legible statement of all wage rates
to be paid the several classes of labor employed on the work shall be
posted in a prominent and easily accessible place at the site of the work
All contractors shall keep a true and accurate record of the hours worked
by and the wages paid to each employee and shall furnish the Government
with sworn statements thereof on demand;(3) All employees shall be paid in full not less often than once each
week, and in lawful money of the United States of America in the full
amount accrued to each individual at the time of closing of the payroll,
which shall be at the latest date practicable prior to the date of payment,
and there shall be no deductions on account of goods purchased,
rent, or other obligations, but such obligations shall be subject to
collection only by legal process.
(d) Labor Preferences. Preferences shall be given, where they are qualified,
to ex-service men with dependents, and then in the following order:(1) To citizens of the United States and aliens who have declared their
intention of becoming citizens, who are bona fide residents of the County
of Albemarle and The Commonwealth of Virginia;and
(2) To citizens of the United States and aliens who have declared their
intention of becoming citizens, who are bona fide residents of The Commonwealth
of Virginia, provided, that these preferences shall apply only
where such labor is available and qualified to perform the work to which
the employment relates.
(e) Employment Services. To the fullest extent possible, labor required for
the Project and appropriate to be secured through employment services, shall be
chosen from lists of qualified workers submitted by local employment agencies
designated by the United States Employment Service, provided, however, that170
organized labor, skilled and unskilled, shall, not be required to register at such
local employment agencies, but shall be secured in the customary ways through
recognized union locals. In the event, however, that qualified workers are not furnished
by the union locals within 48 hours (Sundays and holidays excluded) after request
is filed by the employer, such labor may be chosen from lists of qualified
workers submitted by local employment agencies designated by the United States Employment
Service. In the selection of workers from lists prepared by such employment
agencies and union locals, the labor preferences provided in Paragraph 1 (d), PART
TWO, hereof, shall be observed in accordance with such rules and regulations as the
Government may prescribe.(f) Human Labor. In accordance with such rules and regulations as the Government
may prescribe, the maximum of human labor shall be used in lieu of machinery
wherever practicable and consistent with sound economy and public advantage; and to
the extent that the work may be accomplished at no greater expense by human labor
than by the use of machinery, and labor of requisite qualifications is available,
such human labor shall be employed.(g) Accident Prevention. Every construction contract for work on the Project
shall contain an undertaking to comply with all applicable provisions of the laws
and building construction codes of the State, Territory, District and/ or municipality
in which the work is done, and with any regulations for the protection of
workers which may be promulgated by the Government.(h) Compensation Insurance. Every construction contract for work on the Project
shall contain a provision requiring the employer to furnish compensation insurance
for injured workers and to give proof of such adequate insurance satisfactory to the
Government.(i) Persons Entitled to Benefits of Labor Provisions. Every person who performs
the work of a laborer or of a mechanic on the Project, or any part thereof,
shall be entitled to the benefits of the labor and wage provisions hereof, regardless
of any contractual relationship between the contractor or subcontractor and such
laborer or mechanic.(j) Bonding of Contracts. Construction contracts shall be supported by adequate
surety or other bonds or security satisfactory to the Government for the protection
of labor and material men employed on the Project, or any part thereof.(k) Materials. So far as articles, materials and supplies produced in the
United States are concerned, only articles, materials and supplies produced under
codes of fair competition adopted pursuant to the provisions of Title I of the Act,
or under the President's Reemployment Agreement, shall be used in work on the Project,
except when the Government determines that this requirement is not in the public
interest or that the consequent cost is unreasonable. So far as feasible and practicable,
and subject to the above, preference shall be given to the use of locally
produced materials, if such use does not involve higher cost, inferior quality, or
insufficient quantity, subject to the determination of the Government, but there
shall be no requirements providing price differentiations for or restricting the use
of materials to those produced within the Nation or State.(l) Inspection and Records. The Government, through its authorized agents,
shall have the right to inspect all work as it progresses and shall have access to
all pay rolls, records of personnel, invoices of materials, and other data relevant
to the performance of the contract.(m) Reports. Subject to such rules and regulations as the Government may
prescribe, contractors and subcontractors shall make reports in triplicate to the
Government monthly within five days after the close of each calendar month on forms
to be furnished by the United States Department of Labor, which reports shall include
the number of persons on their payrolls, the aggregate amount of the payrolls,
the man-hours worked, wage scales paid to various classes of labor, and the total
expenditures for materials. The contractors shall also furnish to the Government
the names and addresses of all subcontractors at the earliest dates practicable.(n) Compliance with Title I of the Act. All contractors and subcontractors
must comply with the conditions prescribed in Section 7 (a) (1) and 7 (a) (2) of
Title I of the Act.
2. Restriction as to Contractors. No contract shall be let to any contractor or
subcontractor who has not signed and complied with the applicable approved code of fair competition
adopted under Title I of the Act for the trade or industry or subdivision thereof
concerned, or, if there be no such approved code, who has not signed and complied with the
provisions of the President's Reemployment Agreement.
3. Termination for Breach. The University will enforce compliance with all the
provisions of this part of this Contract, and, as to any work done by it in connection with
the construction of the Project, will itself comply therewith. All construction contracts
shall provide that if any such provisions are violated by any contractor or subcontractor,
the University may, with the approval of the Government, and shall, at the request of the
Government, terminate by written notice to the contractor or subcontractor the contract of
such contractor or subcontractor, and have the right to take over the work and prosecute the
same to completion by contract or otherwise, and such contractor or subcontractor and his
sureties shall be liable for any excess cost occasioned thereby and/ or, if so requested by
the Government, the University shall withhold from such contractor or subcontractor so much
of the compensation due to him as may be necessary to pay to laborers or mechanics the
difference between the rate of wages required by the contract and the rate of wages actually
paid to the laborers and mechanics.
| Board of Visitors minutes October 16, 1933 | |