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RES 1981-29A CONTRACT BULLOCK FLOOD DAMAGE A 1 STATE OF MONTANA CONTRACT 2 County of Jefferson 3 THIS AGREEMENT, made and entered into between the County of Jefferson 4 Montana hereinafter referred to as County and Bullock Contractors hereinafter 5 referred to as Contractor, 6 W I T N E S S E T H: WHEREAS, the County is operating under an extreme public emergency, 8 consequent from flood damage to roads and bridges that are the County's 9 responsibility to maintain and repair to accomodate the normal flow of 10 vehicle traffic for access to residential areas and accomodation of it normal commercial functions and, 12 WHEREAS, the Section 7 -5 -2304 M.C.A. applies and resort to the terms 13 of such Section is necessary under the present extreme public emergency; 14 NOW THEREFORE, Contractor agrees that, in consideration of the award 15 of a Contract to repair the Cataract Creek Road running east from the Town 16 of Basin, Montana, Contractor will furnish men and equipment on the following 17 basis; 18 MACHINE RATE PER HOUR 19 D8 46A Caterpillar $100 20 Hough 400 10 yard $160 21 966 Cat Loader 4 yard $ 60 22 Patrol 12 -120 $,45 23 Case Backhoe 1150 $;5JO 24 Dump Truck 10 -12 yd box $ "�35 25 IT IS FURTHERED AGREED, between the parties hereto as follows; 26 1. That Contractor will comply with the Copeland "anti kickback" Act 27 (18 U.S.C. 874) as supplemented in Department of Labor Regulations 28 (29 C.F.R. Part 3) providing that the Contractor or its sub - contractors 29 shall be prohibited from inducing, by any means, any person employed 30 in the construction, completion, or repair of public work, to give 31 up any part of the compensation to which he is otherwise entitled. 32 2. It is agreed that the County, F.E.M.A., State Auditors, Governors STATE FV V *NINE GO. NSL&A. MONT. I Authorized Representitives, Controller General of the United States 2 or their duly authorized representitives shall for the purpose of 3 audit and examination have access to any books, documents, papers and 4 records of Contractor that pertain to Federal Funds, equipment and 5 supplies received. 6 3. Contractor will maintain all required records for three (3) years 7 after final payment is made and all other pending matters are closed. 8 4. Contractor will comply with all mandatory standards and policies 9 relating to energy efficiency which are contained in the State 10 Energy Conservation Plan issued in compliance with the Energy 11 Policy and Conservation Act (P.L. 94 -165). 12 5. Contractor will comply with the Sections 103 and 107 of the Contract 13 work hours and Safety Standard Act (40 U.S.C. 327 -330) as supplemented 14 by the Department of Labor Regulations (29 C.F.R. Part 5). Contractor 15 shall be required to compute the wages of every mechanic and laborer 16 on the basis of a standard work day of eight (8) hours and on a 17 standard work week of forty (40) hours. Work in excess of the 18 standard work day or week is permissable provided that the worker 19 is compensated at a rate of not less than one and one -half times 20 the basic rate of pay for all hours worked in excess of eight (8) 21 hours in any calendar day or forty (40) hours in the work week. 22 Construction work in surroundings or under working conditions which 23 are unsanitary, hazardous or dangerous to the health of the workers 24 involved and their safety will be governed by construction, safety 25 and health standards promulgated by the Secretary of Labor. 26 6. Contractor and sub- contractors will comply with Executive Order 11246, 27 entitled "Equal Employment Opportunity ", as ammended by Executive 28 Order 11375, and as supplemented in Department of Labor regulations 29 (41 C.F.F., Part 60). 30 7. Inclination of the Contract shall be at the discretion of the County 31 subject to payment of work done based upon the above hourly rates, or 32 upon default by Contractor. Contractor may terminate said contract 6TATI( Pue L1SMIN0 CO. MMVNA- MONT. r upon the showing of conditions and circumstances which are beyond 2 the control of Contractor. This Agreement shall be binding upon 3 the heirs, executors, administrators, successors and assigns of 4 each of the parties hereto. 5 IN WITNESS WHEREOF, the parties hereto have hereunto set their hand 6 this the 4th day of June, 1981. 7 �. airman 9 10�, 11 Comm1ssw ner L 13 �..,� ommissioner 14 15 ATTEST: 16 17 eC ar►d der 18 19 1 Contractor 20 22 23 24 25 26 27 28 29 30 31 32 iTATC PUSLI ANINO CO. NQL[NA. MONT, � r N I I-