Loading...
1352RESOLUTION N0, 1352 A RESOLUTION ACCEPTING THE OFFER OF TIC UNITED STATES TO TTHE CITY OF LITTLE ROCK, ARKANSAS, TO AID BY WAY OF LOAN AND GRANT IN FINANCING THE CONSTRUCTION OF A COMPLETE VAT R SUPPLY A%TD DISTRI- BUTION SYSTEM, Be it resolved by the City Council of the City of Little Rock:, Pulaski County, Arkansas] Section 1. That the offer of the United States of America to the City of Little Rock, Pulaski County, Arkansas, to aid by wp.y of loan and grant in financing the construction of a. complete water su-�- ply and distribution system, a copy of which offer reads as follows; COPY CONFORMED TO ,-, =," i �.D 0RICTINTAL P. W. A. FEDERAL EMERGENCY ADIRINISTRATION OF PUBLIC 77ORKS City of Little Rock, Little Rock, Arkansas. P. We 47224 -1 Washington, D. C., December 21, 1935. State File No. Ark. 1106. 1, Offer. The United States of America (herein called the "Government ") hereby offers to aid in financing the construction of a complete water supply and distribution system (herein called the "Project ") by making a loan and grant to the City of Little Rock (herein called the "Applicant ") not exceed- ing in the aggregate the sum of $7,074,500, 2. riethod of Making Loan. The Government will purchase, at the princi- pal amount thereof plus accrued interest, from the Applicant, obligations of the description set forth below (or such other description as shall be mutual- ly satisfactory) in the aggregate principal amount of $5,135,000, less such amount of such obligations, if any, as the Applicant mar sell to purchasers other than the Government: (a) Obligor: City of Little Rock; (b) Type: Negotiable, special obligation, waterworks revenue, coupon bond; (c) Denomination: $1,000; (d) Date: December 1, 1935; (e) Interest rate and interest payment dates: 4% per annum, payable semi- annually on June 1 and December 1 in each year, first interest payable June 1, 19 36 ; (f) Place of payment: At the office of the City Treasurer at Little Rock, Arkansas., or, at the option of the holder, at a bank or trust company in the Borough of Manhattan, City and State of New York; (g) Registration privileges: At the option of the holder, as to principal only; P. F. 47224 -1 (h) Maturities: On December I in years and amounts as follows: 1939 $50,000 1954 $160,000 1940 50,000 1955 1702000 1941 55,000 1956 180,000 1942 60,000 1957 1901000 1943 65,000 1958 200,000 1944 70,000 1959 2101000 1945 75,000 1960 220,000 1946 80,000 1961 230,000 1947 90,000 1962 240,000 1948 100,000 1963 250,000 1949 110,000 1964 265,000 1950 120,000 1965 2757,000 1951 1.0,000 1966 285,000 1952 140,000 1967 295,000 1953 150,000 1968 305,000 1969 315,000 (i) Payable, as to both principal and interest, from and secured by a first lien upon and pledge of a fixed amount of the gross revenues of the Project, which fixed amount shall be sufficient to maintain an interest and bond redemption fund to insure the payment of the interest on and principal of said bonds, as and when the sa*ie became due and payable, and additionally secured by a statutory mortgage lien on the Project. 3. Amp-1-,at of Grant. . The Government will make a grant in an amount equal to 30 per centum of the cost of the labor and rnaterials employed upon the Project, but in no event shall the grant be in excess of $1,939,500. 4. Conditions Precedent. The Government will be under no obligation to take up and pay for any bonds which it herein offers to purchase or to make any grant: (a) Financial Condition. If the financial condition of the Applicant shall have changed unfavorably- in a. material degree from its condition as theretofore represented to the Government; (b) Cost of Project. If it appears that the Applicant will not be able to complete the Project described in this offer for the sum allotted by the Government, or that the Applicant will not be able to obtain any funds which, in addition to such. sum, shall be necessary to complete the Project; (c) Plans aZ Specificationo an Certificate of irgoses. If the Applicant shall not have filed with the Government -plans and specifications for the Project accompanied by a certificate of purposes setting out in detail the amounts and purposes of the expenditures ,fnich the Applicant pronoses to make in connection with the Project, end the Government shall not have accepted such 2. P . W. 47224 --1 plans and specifications and such certificate of purposes as showing that the Project :rill be constructed in such a manner as to provide reasonable security for the loan to be made by the Government and to comply with Title II of the National In- dustrial Recovery Act in all other respects. (d) Existing Wat er.,iorks.. t em: If the Applicant shall not first make a reasonable effort to acquire the existing privately -owned water distribution system in the City of Little Rock. 5.. Interest of Member of Congress. No Member of or Delegate to the Congress of the United States of America shall be allowed to participate in the funds made available for the construction of the Project or to any bene- fit arising therefrom. 6. Bogus pr Commission. The Applicant shall not pay any bonus or commission for the purpose of obtaining an approval of the application. 7. Information_. The Applicant shall furnish the Government with reasonable information_ and data concerning the construction, cost, and progress of the work. Upon request the Applicant shall also furnish the Government, and any purchaser from the Government of at least 25 percent of the bonds, 1vith adequate financial statements and other reasonable informa- tion and data relating to the Applicant. 8. Bond Circular. The ,Applicant shall furnish all such information in proper form for the preparation of a bond circular and shall take all such steps as the Government or any purchaser or purchasers from the Govern- ment of not less.than 25 percent of the bonds may reasonably require to aid in the sale by the Government or any such purchaser or purchasers of any or all of the bonds.. 9. Insurance.. The Applicant shall carry reasonable and adequate in- surance upon the completed Project or any completed part thereof accepted by the Applicant or the system of which the Project is apart. 10. Name of Pro i ec t . The Applicant shall not rAWthe Project for any living person. 11.. Grant and Bond Payments . (a) Advance Grant. Upon receipt of this offer, the Applicant may request an advance on account of the grant in an amount not exceeding 5 percent of the estimated cost of labor and materials to be employed on the Project. This advance grant may be used for paying architectural, engineering, and planning; fees, costs of surveys, borings and other preliminfLry investigations, cost of preparation of plans, specifications and. other forms of proposed contract documents, and cost of advertisements for bids for contracts, and the printing of the bonds, but not in payment for 3 V P. W. 47224 -1 the acquisition of lards, easements,' or rights -of --way. The request for this advance grant shall be accompanied by a signed certificate of purposes in which shall appear in reasonable detail the purposes for which such advance grant will be used. (b) Payment of Bonds. A requisition requesting the Government to take up and pay for bonds will be honored as soon as possible after such bonds are ready for delivery, if the bond transcript and other documents supporting such requisitions are complete. (c) Intermediate r rt Requisitions. Simultaneously with the delivery of and payment for the bonds by the Government, or, When bonds are taken up and paid for in more than one installment, simultaneously with the delivery of and payment for the final installment, if the Applicant has so requisitioned and if such requisition is accompanied by a signed certificate of purposes showing in reasonable detail the pur- poses for which the funds will be used, and that such funds will be used for items properly included as part of the cost of the Project, the Government will make a grant of an amount representing the differ- ence between the advance grant and an amount equal to 15 percent of said previously estimated cost of labor and materials to be employed upon the Project. When the Project shall be,, aptiroximately 70 percent completed the Applicant may file its requisition for an additional grant in an amount which, together with the amount previously paid on account of the grant, is equal to 30 percent of the cost of labor and materials theretofore employed on the Project, but in no event in an amount exceeding the amount set forth in paragraph 3 hereof. The intermediate grant requisitions will be honored if the documents neces- sarj to support such requisitions are complete and work en the Project has pro- gressed in accordance with the provisions of this offer relating thereto. (d) Final Grant Payment. At any time after completing the Project, the A_0- plicant may file a requisition requesting the remainder of the grant which, together with all previous payments on account of such grant, shall be an amount not in excess of 30 percent of the actual cost of labor and materials employed upon the Project, and not to exceed, in any event, the amount of the grant set forth in paragrap'z 3 hereof. The final grant requisition will be honored if the documents necessary to support it are complete and work on the Project has been completed in accordance with the provisions of this offer relating thereto. (e) Construction AQP t. A separate account or accounts (he-rein collec- tively called the "Construction Account ") shall be set up in a bank or bmiks which are members of the Federal Deposit Insurance Corporation and of the Federal Reserve System. The advance grant, the intermediate grants, the proceeds from the sale of the bonds (exclusive of accrued interest and an amount, if any, representing interest durin construc- tion), the final grant, and any other moneys which shall be required in addition to the foregoing, to pay the cost of constructing the Project shall be deposited in the Construction Account, promptly upon the re- ceipt thereof. All accrued interest paid into a,separate account (herein called the "Bond Fund"). Payments for the construction of the project shall be made only from the Construction Account. ,.. . I . 17. 47228 -1 (f) Disbursement of Moneys in Construction ACc.o_uat. Moneys in the Construction Account shall be expended only for such purposes as shall have been previously specified in the certificate of ;purposes filed with and accepted by the Government. All moneys remaining in the Construction Account after all costs incurred in coiznection with the Project have been paid shall either be used to purchase bonds, if any of the bonds are then held by the Government, or be transferred to the Bond Fund, (g) Use of Moneys in Bond Fund. Moneys in the Bond Fund shall be expended solely for the purpose of payin; interest on and principal of bonds. 12. Corstractioii of Project. The following policies have been adopted by the Federal Emergency Administration of Public Works in order to effectuate the purposes of Title II of the National Industrial Recovery Act, and the mak- ing of the loan and grant herein set forth shall be subject to the condition that the Applicant, in the exercise of its lawful discretion, shall adopt said policies and comply therewith in the construction of the Project: (a) That if a project is to be constructed under contract, contracts should be awarded to the lowest responsible bidder pursuant to public advertisement and that every op)ortunity be given for free, open and competitive bidding for contracts for construction and contracts for. the purchase of materials and equipment. (b) That the use in the specifications or otherwise of the name of a proprietary product or the name of the manufacturer or vender to define the material or product required, unless such name is followed by the term "or equal's, is considered contrary to the policy of free, open and competitive bidding. VIFnere such a specification is used in lieu of descrintive detail of substance and function, the term "or equal" is to be literally construed so tna.t any material or article which will :perform adequately the duties imposed by the general design will be considered satisfactory. (c) That, in determining the lowest bidder for the supplying of materials and equipment, in the interest of standardization or ultimate economy, the contract may be awarded to other than the actual lowest bidder. (d) That, in order to insure completion of a project within the funds available for the construction thereof, a faithful performance of con - struction contract will be assured by requiring performance bonds written in an amount equal to 100% of the contract price by one or more corporate sureties financially able to assume the risk.and that such bonds will be further conditioned upon the payment of all persons supplying labor and furnishing materials for the construction of such project, except in cases in it is required by the laws of Az 'kansa.s that protection for labor and materialmen be provided by 5 F. W. 47224 --1 • bond separate from the performance bond. In such latter case, • performance bond in an amount equal to 100 °� of the contract price supplemented by a separate labor and materialmen's bond in an amount not less than 50"0' of the contract price will be adequate. (e) That, if the work on any proposed construction contract is hazardous, the contractor will be required to provide public liability in- surance and property damage insurance in amount reasonably sufficie,it to protect the contractor and each subcontractor. (f) That minimum or other vrage rates required to be predetermined by the law of Arkansas or local ordinance shall be predetermined by the Applicant in accordance therewith, and incorporated in the appropriate co.tract documents. In the absence of applicable law or ordinance, the Applicant shall predetermine minimam4r�ates, in accordance with customary local rates, for all the trades and occupations to be eq)loyed on the project, and incorporate them in the appropriate contract documents. (g) That the work shall be commenced as quickly as possible after funds are made available and be continued to completion with all practicable dispatch in an efficient and economical manner. (h) That a project will be constructed in accordance with the provisions of the attached Exhibit A which is hereby made a part hereof; to insure this purpose appropriate provisions will be incorporated in all contracts (except subcontracts) for work to be performed at the site of the project. (Exhibit A has been so worded that the pro- visions thereof, may, if the applicant so desires, be inserted verbatim in such construction contract or contracts) 13. The Administrator and the Government shall have no rights or power of any kind with respect to the rates to be fixed or charged by the project, excepting only such rights as they may have as a holder of such bonds under the Constitution and laws of Arkansas and the lawful proceedings of the Appli- cant, taken pursuant thereto, in authorizing the issuance of such bonds. 14. This offer is made with the express understanding that neither the loan nor the grant herein described is conditioned upon compliance by the Applicant with any conditions not em)ressly set forth herein. There are no other agreements or understandings between the Applicant and the Government or any of its agencies in any vray relating to said Project or to the financ- ing or the construction thereof. UNITED STATES OF A121—PICA Federal Emergency Administrator of Public Works (agd.) aaratio B. Hackett 6 Assistant Administrator. Exhibit nAu P. W. 45561 1. (a) Convict Iaabor. -- No convict labor shall be employed or the project, and >iz materials manufactured or hrodaced by convict labor shall be used on the project unless required by law. (b) Thirty -hour Week. -- Except in executive, administrative and supervisory positions no individual directly employed on the project shall be permitted to work more than 8 hours in any 1 day nor more than 30 hours in any 1 week; P .OVIDM, That this clause shall be construed to permit working time lost because of inclement weather or unavoidable delays in any 1 v.eek to be made un in thes-L=eeding NO days. 2. tiya,, s and Pay Rolls. -- (a) There small be paid each employee engaged in the trade or occupation listed below not less than the hourly wage rate set opYmsite the same, namely: Trade Occupation tourly Wage Rate (Insert, Wage Schedule Here) If after the award of this contract it becomes necessary to omploy any person in a trade or occupation: not herein listed, such person shall be paid not less than such hourly rate of wage, fairly comparable to the above rates and such minimum wage rate shall be - etroactive to the time of the initial employment of such person in such trade or occupation. (b) Unless otherwise provided by law, claims or disputes pertaining to the classifications of labor under this contract shall be decided by the Owner whose decision shall be binding on all parties concerned. (c) All employees shall be paid in full not less often than once each week and in lawful money of the United States, in the full amount P.c- cna.ed to each individual at the time of closing of the pay roll, which shall be at the latest date practicable prior to the date of payment, and there shall be no deductions or rebates on account of goods purchased, rent, or other obligations, but such obligations shall be subject to col- lection only by legal process: PROVIDED, HOWEVER, That this clause shall not be construed to prohibit the making of deductions for premiums for compensation and medical -aid insurance, in such amounts as are authorized by the laws of to be paid by employee, in those cases in vrhich, after the making of the deductions, the wage rates will not be loner than the minimum wage rates herein established. (d) A clearly legible statement of all wage rates to be paid the several classes of labor employed on the work, together ,-rith a statement P. .. 45561 of the deductions therefrom for psemiu:ns for workmen's compensation and /or medical aid insurance authorized by the laws of should such deductions be made, shall be posted in a-orominent and easily accessible place at the site of the wor'r, n.nd there shall be kept a true and accurate record, of the ,yours wor_-ed by and the Prates, exclusive of all authorized deductions, paid to each employee, and tie Oovernnent Inspector shall be furnished with sworn pay rolls in accordance wits the "Regulations Issued Pursuant 'to So- called 'hick -3ack Statute. I" S. (a.) Labor r,3ferenccs. -- Preference shall be given, where they are qualified, to ex- service men with depei:d.ents, and their in tie follow - ing order: (1) to citizens of the United St.:ites and aliens who have de- clared their intention of becoming citizens, who are bona fide residents of (political subdivisions and /or county) and (?) to citizens of the United States and a.iiF,ns who have declared their intention of becoming citizens, who are bona fide residents of (State, Ter- ritory, or District) PROVIDED, That these prefarences shall alnly only where such labor is available, and qualified to perform the work to wHi.ch the employment relates. (b) Collectivearainir -- FYployees shall -have the right to or- _ rganize and bargain collectively through representatives of their own choos- ing, and shall be free fro.; the interference, restraint, or coercion of em- ployers of labor, or their agents, in the desi nation of such representatives or in self - organization or in other concerted a.ctivilies for the purpose of collective bargaining or other mutual aid or y rotecvion. Poo emnloyee and no one seeking employment shall be required as a co:ditior_ of employment to join any company union or to refrain from joinin;;, organizing, or assisting a labor organization of his own choosing. 4. Human Labor. -- The maximum of humai 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. 5. Insurance. -- The contractor shall riot commence work under this contract until he has obtained all insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the contractor allow any subcontractor.to commence work on his subcontract until all simi- lar insurance required of the subcontractor has been so obtained and approved. (a) Compensation Insurance. -- The contractor shall take out and main- tain during the life of this contract adequate Workments Compensation Insur- ance for all his employees employed at the site of the project and, in case any work is sublet, the contractor shall require the subcontractor similarly to provide Workments Compensation Insurance for the latter ►s employees, un- less such employees are covered by the protection accorded by the contractor, 2 . r � P. ii. 456- 61 In case any class of employees enga:-ed in hazardous work under the con- tract at the site of the project is not protected under the Worlm,,enf s Com- pensation statute, or in case there is no apblic.a,ble Wor'_lments Compensation statute, the contractor shall ; -)rovide and shall cause each subcontractor to provide, _ for the protection of his employees not otherwise protected. (b) Public Liability and ProTertY kamae Insurance. -- The contrac- tor shall take out and maintain during the life of this contract such Pub- lic Liability and Property Dame-:ge Insurance as shall protact him and any subcontractor performing work covered by this contract, from claims for damages for personal injury, including wrongful death, as well as from claims for property damages, which may arise from operations under this contract, v4_ ether such operations be by himself or by a.iiy subcontractor or anyone directly or indirectly employed by either of them. The amounts of such insurance shall be as follows: Public Liability Insurance in an amount not less than for injuries, including; wrongful death, to any one person, and, subject to the same limit for each person, in an amount not less than 8 on account of one accident, and Property Damage Insurance in an amount not less than $ . Provided, however, that the Owner may accept insurance covering a sub- contractor in character and amounts less than the standard requirements set forth under t-his subparagraph (b) where such standard requirements appear excessive because of the character or extent of the work to be performed by such subcontractor. (c) The following special hazards shall be covered by rider or riders to the policy or policies reTaired under the subparagraph (b) hereof or by separate policies or insur, --mce in amounts as follows: 6. Persons entitled to benefits of labor Lrovisions. -- There shall be extended to every person who performs the viorh of a laborer or of a rae- chanic on the project or on any ?part thereof the benefits of the labor and wage provisions of this contract, regardless of any contractual relationship between the employer and such laborer or mechanic. There shall be no dis- crimination in the selection of labor or, the gro•,uid of race, creed, or color. 7. Withholding 2Ument. -- The owner may withhold from the contrac- tor so :such of accrued payments as may be necessary to pay to laborers or mechanics employed on the work the difference between the rate of wages re- quired by this contract to be paid to laborers or mechanics on the work and 3 f y P. W. 45561 the rate of wages actually paid to such laborers or mechanics, and dis- burse the withheld funds, for and on account of tl-.e contractor, in the amounts and to the employees to whom they are due. 8. Accident Prevention. -- Precaution shall be exercised at all times for the protection of persons and property. The safety provisions of applicable laws, buildings and construction codes shall be observed. Machinery and equipment and other hazards shall be guarded in accordance with the safety provisions of the Manual of Accident Prevention in Con- struction, published by the Associated General Contractors of knerica, to the extent t.at such provisions are not inconsistent with applicable law or regulation. 9. Domestic Materials. -- Unless contrary to law, in the perform- ance of this contract the contractor, subcontractors, materialmen, or suTj- pliers shall use only such unmanufactured articles, materials, and supplies as have been mired or produced in the United States, and only such manu- factured articles, materials, and supplies as have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the United States, except, unless otherwise reouired by law, foreign materials, articles, or supplies may be purchased, upo_, obtaining the consent of the Owner, if the foreign materials, articles, or supplies are lower in cost after the fol- lowing differentials are applied in favor of domestic articles, materials, or supplies: On purchases where the foreign bid is $100 or less, a differential of 100; will. apply; On purchases where the foreign bid exceeds $100, a differential of 251,o will apply. 10. (a) Inspection. The Owner reserves the right to permit such inspectors and inspection as it sees fit and hereby requires that such in- spectors shall have the right to inspect all. work as it progresses, and sihail have access to all pay rolls, records of personnel, invoices of ma- terials, and any and all other data relevant to the performance of this contract. The contractor shall submit to the Owner, through his author- ized agents, the names and addresses of all personnel and such schedules of the cost of labor, costs and quantities of r:hateria.ls, and other items, supported as to correctness by such evidence, as, and in such form as, the Owner, through his authorized agents, may require. (b) Facilities shall be provided as set forth in the specifications for the use of the Government Inspector. 11. PePorts. -- The contractor and each subcontractor shall report on forms to be furnished by the United States Department of Labor, the num- ber of persons on their respective pay rolls directly connected with the n P. W. 45551 project, the aggre,ate amounts of suc72,. pay rolls, and the man- -hours worked, wage scales -)aid to the various classes of labor, and the total expendi- tures for materials. .Forms will be supplied by the Department of Labor on the 15th of each month. The reports will cover all nay -rolls from the 15th of the previous month to the 15th of the current month. One cony of each of such monthly reports is to be furnished to the State Director, one to the Division of Economics and Statistics, P.W.A., and one to the United States Department of Labor, prior to the 5th da „,= of the following month. The contractor shall also furnish to the Owner, to the State Director, and to the United States Department of Labor, the names az.d addresses of all subcontractors on the worh at the earliest date practicable. 12. Payments: -- (a) The contractor shall provide all labor, serv- ices, materials, and equipment necessary to perforr: and complete the work under this contract. Except as otherwise approved by the Owner, the con- tractor (1) shall -pp.y for in full all transportati on and utility services on or before the 20th day of the month following the calendar month in which such services are rendered, and (2) shall pay for all materials, tools, and other expendible eq?aiTment, to the extent of 90 percent of the cost thereof, on or before the 20th day of t'_ze month following the calendar month in rrhich such materials, tools, and equipment are delivered to the project, and the balance of the cost within 170 days after completion of that part of the work in or on which such materials, tools, and other equipment are incorporated or used. (b) Payment of Subcontractor. --- In the absence of other provisions in this contract more favorable to the subcontractor, the contractor shall pay each subcontractor, within 5 days after each -)ayment made to the con- tractor, the amount allowed the contractor for and on account of the work performed by the subcontractor, to the extent of the subcontractor's inter- est therein. 13. Sim ---- The contractor shall furnish signs bearing the legend: "FEDERAL PLBLIC WORKS PEW= INTO. it as required in the specifications and shall erect the same at such locations as may be designated by the Owner. 14. Subcontracts. -- Paragrapi:s 1 to 4 inclusive, 6, 8 to 13 inclus- ive, 17, the Regulations Issued Pursuant to So- called 'Kick Pack Statute” and Section 35 of the Criminal Code, as amended, shall be inserted verbatim in all construction subcontracts under this contract. 15. Assignment of Contract. ---- The contractor shall not assign this contract or any part hereof v4ithout the approval of the Owner, nor with the consent of surety unless the surety has waived its right to notice of assign- ment. 5 P. W. 45561 16. Termination for :reach. --- In the event that any of the provi- sions of this contract are violated by the contractor or by any of his sub-. contractors, the Omer may serve written notice ufoon the contractor and the surety of its intention.to terminate such contract, such notices to contain the reasons for such intention to terminate the contract, and, -unless with- in 10 dads after the serving of such notice upon the co ntractor such viola- tion shall cease and satisfactory arrangement for correction be made, the contract shall, upon the expiration of said 10 days, cease and terminate. In the event of any such termination, the Owner shall immediately serve notice thereof upon the surety and the contractor, and the surety shall have the rip�.t to take over and perform the co_itr =".ct, provided, i_owever, that if the surety does not commence performance thereof within 30 days from the date of the mailing- to such surety of notice of termination, the Owner may take over the work and prosecute the same to completion by con- tract for the account and at the expense of the contractor, and the con- tractor and. his surety shall be liable to the Owner for any excess cost occasioned the Ov,ner thereby, and in such event the Owner may take.posses- sion of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefor. 17. Definitions. --- The term "Act" as used herein refers to Title II of the National Industrial':ecovery Act. The term "'torte Director" as used herein refers to the State Director (P.W.A.) or his duly authorized representative, or any person: designated to perform his duties or functions under this agreement by the Administrator. The term "Government Inspector" as used herein refers to State En,ineer Inspectors, resident and assistant resident engineer inspectors, and�supervisin englineers, appointed by the Administrator. The term "materials" as used herein includes, in addition to materials incorporated in the project used or to be used in the operation thereof, egiain_ ent aid other materials used and /or cons -arced in the perform- ance of the work. The term "Owner" as used herein refers to the public body, ager_cy, or instrumentality which is a party hereto and for .,,,hich this contract is to be performed. The 30 --hour week requirement shall be construed -- (a) To permit the limitation of not more than 1:0 hours' work in any 1 calendar month to be substituted for the requirement of not more than 30 hours- work in any 1 vroek on projects in localities where a suf- ficient amount of labor is not available in the immediate vicinity of the work. (b) To permit work up to 8 hours a day or up to 40 hours a week on projects located at points so remote and inaccessible that ca=rps or floating plants are necessary for the housing and boarding of all the labor employed. In case it shall be determined prior to advertisement that any proj- ects fall within the terms of (a) '.ereof, tie following _proviso shall be added at the end of paragraph 1(b): C. P. W. 45561 And provided further. It having been determined prior to advertise- ment that a sufficient amount of labor is not available in the immediate vi- cinity of the work, that a limitation of not more than 130 hcurst work in any 1 calendar month may be substituted for the requirement of not more than 30 hours' rror?z: in a.iy 1 week on the project. In case it shall be determined prior to advertisement that any proj- ect falls within the te_,ms of (b) hereof, the following section shall be substituted in the place of para�;raplf 1(b): (b) Hours of Labor. -- Except in executive, administrative, and super- visory positions, no individual directly employed on the project shall be per- mitted to wor': more than 40 hours in any 1 week nor more tha.,L 8 hours in any 1 day. It having been determined prior to advertisement that the work, will be located at points so remote and inaccessible that cams ?s or floating plants are necessary for the housing and boar�dng of all the labor employed, this provision shall apply in lieu of the usual 30 --hour terms. REGULITIONS ISSUED PURSUANT TO SO— CALLED "KICK -BliCK STATUTE" P,irsuar_t to the provicions of Public Act No. 324, Seventy third Congress, ap-oroved June 13, 1 034 (48 Stat. 948), concerning rates of pay for labor, the Secretary of the Treasury and the Secretary of the Interior hereby .jointly proimlgate the following regulations: Soction.1. Said Act reads as follows: "To effectuate the purpose of certain statutes concernig rates of pay for labor, by making it unlawful to prevent anyone from receiving the compensation contracted for thereunder, and for other purposes. "Be It Enacted by the Senate and House of 11epresentatives of the United States of �me_ica ire Congress Assembled. That whoever shall induce any person employed in the construction, prosecution, or com- pletion of any public building, public work, or building or work fi- nanced in whole or in part by loans or grants from the United States, or in the repair thereof to give up any part of the compensation to which he is entitled under his contract of employment, by force, intimi- dation, threat or procuring dismissal from such employment, or by any other manner whatsoever, shall be fined not more ti,.an $5,000, or imr- prisoned not more than five years, or both. "Sec. 2. To aid in the enforcement of the above section, the Sec- retary of the Treasury and the Secretary of the Interior jointly shall make reasonable regulations for contractors or subcontractors on any such building or work, including a provision that each contractor and subcontractor shall furnish weekly a sworn. affidavit ivit:l respect to the «ages paid each employee during the preceding week." 7 P. W. 45561 Section 2. Each contractor and subcontractor engaged in the con- struction, prosecution, or co,,Tletion of any building or work of the United States or of any build.i ig or work financed i5i whole or in part by loans or grants from the United States, or in the repair thereof, shall furnish each weel,r, an affidavit with respect to the ~-rages paid each cmployee during the preceding heel:. Said affidavit shall be in the following form: State of . . . . . . . . . . . . . . . . . . . County of . . . . . . . . . . . . . . . . . , ss: I . . . . . . . . . . . . . . . . . . . (name the party signing affidavit) . . . . . . (Title), do hereby certi- fy that I am (the employee of). , (name of contractor or subcontractor) who supervises the payment of the employees of said contractor (subcontractor); that the attached pay roll is a true and accurate report of the full tireel.ly wages due and paid to each person employed by the said contractor (subcontrac- tor) for the consti action of . . . . . . . . . . . . . . . . . . . (project), for the '�=eekly pay roll period from the . . . . . . .day Of . . . . . . . . .. 193... , to the . . . . . . . . . . . . . . day Of . . . . . . . . ., 193..., that no rebates or deductions from any wages due any such person as set out on the attached pay roll have been directly or indirectly made; and that, to the best of mny know - ledge and belief, there exists no agreement or understanding with any person employed on the project, or any person whatsoever, pursuant to which it is contemplated that I or anyone else shall, directly or in- directly, by force, intimidation, threat, or otherwise, induce or receive any deductions or rebates in any manner whatsoever from any sum paid or to be paid to any person at any time for labor performed or to be performed under the contract for the above named project. Sworn to before me this ......... day of ................193... Section 3. Said affidavit shall be executed and sworn to by the officer or employee of the contractor or subcontractor who sa- pervises the payment of its employees. Said affidavit shall be delivered, within three days after the pay- ment of the pay roll to which it is attached, to the Government representa- tive in charge at the site of the particular project in respect of which it is furnished, who shall forward the same uromptly to the Federal agency having control of such project. If no Government representative is in charge at the site, such affidavit shall be mailed within such three -day period to the Federal agency having control of the project. P. W. 45561 Section 4. At the time upon which the first affidavit with respect to the waggges paid to employees is required to be filed by a contractor or sub- contractor pursaant to the requirements of these regulations, there shall also be filed in the manner required by Section 3 hereof a statement under oath by the contractor or subcontractor, setting forth the name of its offi- cer or employee who supervises the payment of employees, and that such offi- cer or employee is in a position to have full knowledge of the facts set forth in the form of affidavit required by Section 2 hereof. A similar affidavit shall be immediately filed in the event of a change in the officer or employee whho supervises the payment of employees. In the event that the contractor or s-abcontractor is a corporation, such affidavit shall be exe- cuted by its president or a vice- president. In the event that the contractor or subcontractor is a partnership, such affidavit shall be executed by a member of the firm. Section 5. These regulations shall be made a Part of each contract executed after the effective date hereof by the Government for any of the purposes enumerated in Section 2 hereof. Section 6. These regulations shall become effective on January 15, 1935. The clause in the payroll affidavit which reads " * * * that the at- tached payroll. is a true and accurate report of the full weekly wages due and paid to each person employed by the said contractor * * *" is con- strued by the public forks Administration to mean: (a) Wages due are the wages earned during the pay 7,.3eriod by each person employed by the contractor, less any deductions required by law. (b) At the time of si ,A g the affidavit, the wages due each em- ployee have either been paid to him in full or are being held subject to claim by him. (c) Such unpaid wages will be paid in full on demand of the employee entitled to receive them. The clause " * * * that no rebates or deductions from any wages due any such person as set out on the attached payroll have been directly or indirectly made" does not apply to any legitimate deductions mentioned above which enter into the computation of full weekly wages due. The "Regulations Issued Pursuant to So- Called 'Kick- -Back+ Statute" shall not be construed to prohibit deductions required by law or deductions for health, sicmess, unemployment, or other similar benefits voluntarily authorized by permanent employees of equipment supplies engaged in instal- lation of the equipment at the site of the project. 0 r + P. 'l. 45561 P E N A L T Y Section 35 of the Criminal Code, as ;m ended, provides a penalty of not more than $10,000 or imprisonment of not more than 10 years, or both, for lovingly and willfully Waking or caasing to be made "exly false or fraudulent state ;lent s * * * or use or c -case to be made or used any false * * * account, claim, certificate, affidavit, or deposition, knowing the same to contain any fraudulent or fictitious statement * * *° relating to any matter within the jurisdiction of any gover:ur_ental department or agency. 000 10 Q be and the sage is hereby in all respects accepted, but to include a loan for the following purchase in lieu of the construction of a distribution system, to —wit: The City having n1ade a reasonable effort to acquire the existing privately owned water distribution system in the City of Little Rock and having agreed with the Arkansaw Water Co.filDany on the purchase of its entire waterworks plant, distribution system, End other property connected therewith, being all of its property situated south of the Arkansas River, for the su:11 of Three Million, Fight— Hundred Fifty Thousand Dollars ($3,850,000) in cash, the Mayor is authorized and empowered to consummate the said purchase and have prepared the necessary contract and conveyance therefor and submit to the Council for its approval, and of the said loan and grant $3,850,000 is to be used for said purchase and the remainder for the construction of the new reservoir on Alum Fork of Saline River and tTe pipe line to the City. Section 2. That the Mayor be and ILe is hereby authorized and di- rected forthwith to send to t'le Federal Emergency Administration of Public Works three certified conies of this resolution and three cer- tified copies of the proceedings of this Council in connection with the adoption of this resolution, and such further documents or proofs in connection with the acceptance of said offer as may be recueste^ by the Federal E- mergency Administration of Public Works. Section 3. It is ascertained and declared that the lack of an adequate water supply endangers the health of the inhabitants of said City and increases the fire hazard, which endangers the safety of the lives of the inhabitants and of their property; that by reason of the present enonomic conditions many citizens of the City cre out of work and the improvements herein provided would furnish work for a large number of men and thereby add to the peace and happiness of the City. It is, therefore, declared that en emergency exists, that this resolu- tion is necessary for the immediate -preservation of the public peace, he�;lth, and safety, and that this resolution shall take effect anal be in force from and after its passage. Adopted: December 30th, 1935 Attest: r City Clerk. A Approved: C/- 9, alz�� Mayor.