each calendar month, on forms to be furnished by the United States Department of Labor: The number of persons on their respective pay rolls, the aggregate amount of such pay rolls, the man-hours worked, and the total expenditures for materials; and the Contractor shall, at the earliest date practicable, furnish to the Department of Labor the names and addresses of all subcontractors on the work: Provided, however, that the requirements of this Article shall be applicable only to construction work done at the site of the Facilities. ART. 31. NONDISCRIMINATION IN EMPLOYMENT The Contractor, in performing the work required by this contract, shall not discriminate against any worker because of race, creed, color or national origin and the Contractor further agrees that each subcontract made under this contract will contain a similar provision with respect to nondiscrimination. ART. 32. NONREBATE This Article is applicable only to the extent performance of this contract is subject to the Copeland Act. (a) The Contractor shall furnish to the Government representative in charge at the site of the work covered by this contract, or if no Government representative is in charge at the site, shall mail to the Federal agency contracting for the work, within seven (7) days after the regular payment date of each and every weekly pay roll, an affidavit in the form prescribed by regulations issued by the Secretary of Labor and published in the Federal Register of March 1, 1941, 6 F. R. 1211, or any modification thereof pursuant to the Act of June 13, 1934, 48 Stat. 948 (U. S. Code, Title 40, Secs. 276b and 276c), sworn to by the Contractor or the subcontractor concerned or by the authorized officer or employee of the Contractor or subcontractor supervising such payment, to the effect that each and every person employed on the work has been paid in full the weekly wages shown on the pay roll covered by the affidavit; that no rebates have been or will be made either directly or indirectly to or on behalf of the Contractor or such subcontractor from the full weekly wages earned as set out on such pay roll; and that no deductions, other than permissible deductions as defined in the said regulations pursuant to said Act of June 13, 1934, and as described in said affidavit, have been or will be made, either directly or indirectly, from the full weekly wages earned as set out on such pay roll. (b) The Contractor shall comply with all applicable requirements of the said regulations of the Secretary of Labor under the Act of June 13, 1934, and the requirements of this Article of the contract shall be subject to all applicable provisions of such regulations.* (c) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work to insure fulfillment of the requirements of this Article. ART. 33. RATE OF WAGES This Article is applicable only to the extent performance of this contract is subject to the Davis-Bacon Act. (a) The Contractor and its subcontractors shall pay all mechanics and laborers employed on work under this contract for the acquisition, construction and installation of the Facilities and directly upon the site of the work, unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those determined by the Secretary of Labor as set forth in Schedule 9 hereto, regardless of any contractual relationship which may be alleged to exist between the Contractor or subcontractors and such laborers and mechanics; and the scale of wages to be paid shall be posted by the Contractor in a prominent and easily accessible place at the site of the work. The Department shall have the right to withhold from the Contractor and subcontractors so much of accrued payments as may be considered necessary by the Department to pay to laborers and mechanics employed by the Contractor or any subcontractor on the work the difference between the rates of wages required by the contract to be paid laborers and mechanics on the work and the rates of wages received by such laborers and mechanics and not refunded to the Contractor, subcontractors or their agents. (b) In the event it is found by the Department that any laborer or mechanic employed by the Contractor or any subcontractor on work under this contract and directly upon the site of the work has been or is being paid a rate of wages less than the rate of wages required by the contract to be paid as aforesaid, the *So in original contract. Government may, by written notice to the Contractor, terminate its right to proceed with the work or such part of the work as to which there has been a failure to pay said required wages and prosecute the work to completion by contract or otherwise, and the Contractor and its sureties shall be liable to the Government for any excess costs occasioned the Government thereby. ART. 34. RIGHT OF ACCESS At all times from the date first above written to the date of the final termination of this contract, the Contractor shall permit the Government to have such access to the Facilities as the Government may require in order fully to exercise and fulfill all its rights and obligations under this contract and to protect its interests hereunder. ART. 35. NOTICES No notice, order, determination, requirement, consent or approval by either party hereto or by the Navy Compensation Board, as hereinbefore provided, shall be of any effect unless the same shall be in writing. ART. 36. ALTERATION The following alterations were made in the printed text of this contract before it was executed by the parties hereto: Article 8 (g) line 3-after the word "of" the words "One Million, Nine Hundred and Ninety Thousand dollars" were added. Line 4-the word "Dollars" was deleted and the figures "1,990,000" were inserted in the parentheses. IN WITNESS WHEREOF, the parties hereto have duly executed this contract this 26 day of January 1942. THE UNITED STATES OF AMERICA. I, FRANCIS J. SMYTH, certify that I am the Secretary of the corporation named as Contractor herein; that CHAS. F. STRENZ who signed this contract on behalf of the Contractor was then Treasurer of said corporation; that this contract was duly signed for and in behalf of said corporation by authority of its governing body and is within the scope of its corporate powers. [CORPORATE SEAL] Approved as to form and execution: W. B. WOODSON, Judge Advocate General. FRANCIS J. SMYTH. [CORPORATE SEAL] SCHEDULES NOTE: Schedules 3 and 7 have been omitted from this contract and all references thereto shall be ignored. SCHEDULE 1 FACILITIES (to be furnished by Govern ment) Item Estimated Cost Acquisition Cost 1. Land described in Schedule 8. 2. Reserve for contingencies for land TOTAL_ SCHEDULE 2 FACILITIES (to be furnished by Contrac tor, cost to be reimbursed by Government) Item 1. Drydocks. 2. Dredging 3. Piers__ 4. Utilities (air, electricity (including power ter, dri-ox) 69657-42-pt. 4- -17 493, 000 The land included among the Facilities, and which is to serve as site for the Facilities, is as follows: All that tract of land and land under water situate, lying and being in the County of Hudson, and State of New Jersey, described as follows: Beginning at a point at the westerly corner thereof and at the northerly corner of land conveyed by The Hoboken Land and Improvement Company, to Tietjen and Lang Dry Dock Company, by deed dated July 1, 1902, recorded in the Hudson County Register's Office on September 11, 1902, in Book 608 of Deeds, page 630, and which point is also 109.96 feet distant southerly from a stone monument in the westerly line of the property conveyed by The Hoboken Land and Improvement Company to the Weehawken Docks by deed dated May 1st, 1867, recorded August 16th, 1867, in Book 156 of Deeds of Hudson County, page 3, and described in said deed; and which point is also 433.29 feet easterly at a right angle from the easterly side of Park Avenue and 1350.87 feet northerly at a right angle from the northerly line of 15th Street, if extended as said avenue and street are shown on a map filed by The Hoboken Land and Improvement Company in said Register's Office December 7, 1898 and designated in that office by the number 1185, which point is marked by a rail monument, the said point also having coordinates S. 8858.90 W. 19092.70 established by the United States Engineer Office, First District of New York, taken as its origin, the spire of Memorial Church, Borough of Manhattan, City and State of New York, and as its principal axis, the meridian of the origin; thence running N. 76°20'08'' E. 57.46 feet to a point; thence running N. 70°13'08'' E. 601.49 feet to a point; thence running S. 59°47′23′′ E. 1336.49 feet to the modified pierhead line of 1931; running thence along the said modified pierhead line S. 16°24'05.2" W. 515.46 feet to a point where a line running southeasterly from the said beginning point along the northeasterly side of the said premises conveyed by The Hoboken Land and Improvement Company to Tietjen and Lang Dry Dock Company and continued on southeasterly would intersect the said pierhead line; and thence running N. 59°47'23" W. 1887.65 feet along the said line and along the said land conveyed to Tietjen and Lang Dry Dock Company to the point or place of beginning; also commencing at the same point of beginning first above mentioned and thence running S. 72°40′57′′ W. along land conveyed by The Hoboken Land and Improvement Company to Tietjen and Lang Dry Dock Company by deed aforesaid, 198.94 feet to a point; thence running S. 64°19'30 W. still along said land of Tietjen and Lang Dry Dock Company 14.39 feet to a point; thence northerly 18.20 feet to a point 212.96 feet from the point or place of beginning measured along a line running S. 76°57'08'' W. from said point of beginning, marked by a rail monument; and thence running N. 76°57'08'' E. along the said line 212.96 feet to the point or place of beginning, together with all riparian rights, containing 18.512 acres, more or less. SCHEDULE 9 The following are the wage rates determined by the Secretary of Labor and referred to in Article 33 hereof: DECISION OF THE SECRETARY DECEMBER 22, 1941. These cases are before the Department of Labor pursuant to requests of December 16, 1941, by the Bureau of Ships, Navy Department, for wage predetermination under the Davis-Bacon Act, as amended (Act of August 30, 1935, 49 Stat. 1011, U. S. C. ti. 40, sec. 276 (a)), with respect to a contract or contracts for the construction of additional facilities plant at Harrison, Hudson County, New Jersey, and at Hoboken, Hudson County, New Jersey. In accordance with the terms of the regulations promulgated by the Secretary of Labor (Reg. 503, dated September 30, 1935), a study has been made of wage conditions in the locality on the basis of the data submitted by the Navy Department and other information assembled by the Department of Labor. The following are hereby found to be the prevailing rates of wages for the requested crafts: Crafts 1st 6 months, 30% of journeymen's rate. *When used on foundation, pier, or dock work the rate is $2.025 per hour. Per Hour $1.85 2.00 2.00 1. 10 1. 25 1.75 2.00 2.00 2. 00 1. 625 1. 20 1. 20 1. 20 1.90 1.75 1. 65 1. 2334 1. 75 1.36% 1. 20 1. 20 1.75 1. 75 2. 03 .875 1. 1334 1. 314 1. 4834 1.85 1. 20 1.75 1. 20 1. 75 1. 125 2. 00* 1. 25 1. 25 2.00* 1. 25 1. 25 2.00* 2. 25 2.00 2.00* 1. 25 2. 025 2.00* 2.00 1. 25 2.00 1. 375 2.00* 1. 60 1.85 |