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Interlocal Agreement Page 1 INTERLOCAL AGREEMENT BETWEEN THE UM COLLEGE OF TECHNOLOGY AND THE CITY OF MISSOULA PARKS AND RECREATION DEPARTMENT FOR HB645 PROJECT BRIDGE INSTALLATION AND BANK STABILIZATION GREENOUGH PARK/RATTLESNAKE CREEK This following Agreement is made between the University of Montana College of Technology, (hereinafter called "COT", and the City of Missoula hereinafter called "SPONSOR"). WHEREAS, SPONSOR has received HB645 stimulus funding for the Bridge Installation and Bank Stabilization Project and desires to fulfill the funding objective of creating or retaining jobs in the local economy; and WHEREAS, SPONSOR recognizes the highly specialized skill set and experience necessary for performing this type of in-stream work; and WHEREAS, SPONSOR also recognizes that COT Instructor Rod Frost possesses this required experience and skill, and this project provides a unique opportunity for COT students to be trained in this discipline thus broadening their exposure and vastly increasing their potential for hire; and WHEREAS, COT will use this opportunity to maintain and build job marketability, and WHEREAS, SPONSOR accordingly, desires to obtain the services of COT and its instructor Rod Frost and students to perform the heavy equipment services as outlined in the Scope of Work; and WHEREAS, COT is available and desires to provide said services for SPONSOR; NOW THEREFORE, in consideration of the mutual promises set forth in the attached agreement, SPONSOR and COT agree as follows: ---PAGE BREAK--- Interlocal Agreement Page 2 The University of Montana College of Technology- Missoula Heavy Equipment Operation Program Instructional Services Agreement The UM- College of Technology, hereinafter referred to as the Provider, hereby enters into an agreement with City of Missoula Parks & Recreation Department hereinafter referred to as the Recipient, to provide services as described in Addendum A, attached. It is the intention of both parties that this agreement will express their mutual understanding and agreement. The Provider, in consideration of the request of the Recipient agrees as follows: 1. To administer and supervise all aspects of the project as outlined in Addendum A – Scope of Services and Timelines and Addendum B - Project Cost. 2. To hold harmless the Recipient from any Provider personal injury or equipment loss sustained in the pursuit of this project. 3. To continue the project, to the best of the Provider’s ability, until it is completed as outlined. The Provider reserves the right to terminate the agreement with not less than thirty (30) days prior written notice when and if adequate equipment, facilities personnel, or funds are no longer available to complete the project, or; 4. If at any time the College administration deems the project is no longer in the best interest of the Provider. The Recipient, in consideration of the guidelines of the Provider, agrees as follows: 1. To hold and save the Provider harmless from liability of any nature or kind for an accounting of any claim or action that might be asserted in connection with the services furnished under this agreement, for failure to provide continuous service or termination of this agreement. 2. To secure all permits required by any regulatory agency and to assume all responsibility and liability for any fines, sanctions, or litigation which might arise in the pursuit of this project. 3. To recognize the workers involved in providing the service called for within this agreement are students in training and to hold the provider harmless for failure of this project to meet real or perceived specification. 4. To hold the Provider harmless for any injury or damage arising or resulting from each of their respective performance or actions pursuant to this Agreement. 5. To furnish not less than thirty (30) days prior written notice to the provider if termination of the agreement is desired. 6. That remuneration is to be made within 30 days of receipt of billing from the Provider. 7. That project cost shall not exceed the established and agreed maximum of EIGHT THOUSAND TWO HUNDRED TEN DOLLARS ($8,210.00) as outlined in Addendum B. ---PAGE BREAK--- Interlocal Agreement Page 3 ADDENDUM – Scope of Services and Timelines Project Name and Location: Greenough/Rattlesnake Creek Project. Occurs within Greenough Park on Rattlesnake Creek corridor. Scope of Services: SITE 1: Repair approximately 300 feet of eroding bank west side of main channel. Including: slope bank; place fabric under rock footer at toe of bank; install rock armoring; install spruce tree w/ root wad diverter as may be directed and place topsoil on upper terrace and sod if sod mats available. SITE 2: Below north footbridge, east side of main channel. Build debris catcher from materials harvested on site. SITE 3: Reset footbridge at site adjacent to picnic shelter. Including: remove existing footings; set and fill new gabion baskets; set bridge in place and complete associated channel work at this location. Timeline for Services: Start date – Winter 2010 Completion date – Early Spring 2010 ADDENDUM – Project Cost Project Cost: Cost for COT provided equipment is not to exceed $7460.00 Fuel usage will be documented and cost of fuel billed to city in an amount not to exceed $750.00 Total project cost shall not exceed $8,210.00. ---PAGE BREAK--- Interlocal Agreement Page 4 PROGRAM / EQUIPMENT RATES for HEO PROJECTS Rates reflected below imply operated hours, not hours on the job. Fuel consumed is billed out as documented from daily metered records. No additional adjustment is made for operator. per hour / plus fuel John Deere 160LC excavator $40.00 International 15C dozer $38.00 Galion or Champion motor grader $35.00 Tandem axle water truck or 12 yard dump truck $30.00 Takeuchi TW80 loader $30.00 3 yard Case loader $35.00 580 Case loader/backhoe $30.00 John Deere 310 loader/backhoe $20.00 John Deere 317 skid steer $20.00 Cat 613 scraper $35.00 Cat 613 scraper w/ push dozer $55.00 MRS 18 yard scraper $55.00 Single axle 4 yard dump truck $20.00 Mobilization charges will be negotiated on a per-job / per-equipment basis. RENTAL EQUIPMENT (cost of rental and hourly rate) Other: Other: TRANSPORTATION EXPENSES: Mileage for crew transport will be charged for travel to and from job sites located more than 5 miles from the College of Technology West Campus. ---PAGE BREAK--- Interlocal Agreement Page 5 NON-DISCRIMINATION. All hiring shall be on the basis of merit and qualification and there shall be no discrimination in employment on the basis race, ancestry, color, handicap, religion, national origin, sex, age, marital status, creed, ex-offender status, physical condition, political belief, public assistance status or sexual preference except where these criteria are reasonable bona fide occupational qualifications. AFFIRMATIVE ACTION POLICY. Contractors, subcontractors, sub grantees, and other firms doing business with the City of Missoula must be in compliance with the City of Missoula's Affirmative Action Plan, and Title 49 Montana Codes Annotated, entitled "Human Rights" or forfeit the right to continue such business dealings. The City of Missoula’s Affirmative Action Policy Statement is: The Mayor of the City of Missoula is committed to implement affirmative action to provide all persons equal opportunity for employment without regard to race, ancestry, color, handicap, religion, national origin, sex, age, marital status, creed, ex-offender status, physical condition, political beliefs, public assistance status or sexual preference. In keeping with this commitment, we are assigning to all department heads and their staff the responsibility of actively facilitating equal opportunity for present employees, applicants, and trainees. This responsibility shall include assurance that employment decisions are based on furthering the principle of equal employment opportunity by imposing only valid requirements for employment and assuring that all personnel actions are administered on the basis of job necessity. Specific responsibility for development, implementation, monitoring and reporting will be assigned to the City Personnel staff under the supervision of the Mayor's Administrative Assistant. It is the policy of the City of Missoula to take affirmative action to eliminate discrimination in personnel policies and procedures that have adverse impact on the "affected class" unless sex, ex-offenders status, and/or physical or mental handicap relates to a bona fide occupational qualification. Equal opportunities shall be provided for all City employees during their terms of employment. All applicants for City employment shall be recruited from the available labor market, and employed on the basis of their qualifications and abilities. The City of Missoula, where practical, shall utilize minority owned enterprises and shall ensure that subcontractors and vendors comply with this policy. Failure of subcontractors and vendors to comply with this policy statement shall jeopardize initial, continued, or renewed funds. Our commitment is intended to promote equal opportunity in all employment practices and provide a positive program of affirmative action for the City of Missoula, its employees, program participants, trainees and applicants. ---PAGE BREAK--- Interlocal Agreement Page 6 Recipient Provider City of Missoula Parks & Recreation UM-College of Technology________ Name 100 Hickory Street 909 South Avenue Street Address or PO Box Missoula Montana 59801 Missoula Montana 59801 City State Zip City State Zip Signature of Authorized Official Signature of COT Dean or Assoc. Dean Print or Type Name Print or Type Name Title Date Title Date