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HomeMy WebLinkAbout22- Professional Services Agreement - Mesa Moving and Storage - Library Renovation Moving and Storage ServicesVersion 8 30 21 Professional Services Agreement for Library Renovation Moving and Storage Services Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Mesa Moving and Storage, 403 S Airport Blvd, Aurora, CO 80017, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 1st day of June, 2024, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 20 2September Version 8 30 21 Professional Services Agreement for Library Renovation Moving and Storage Services Page 2 of 12 a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Version 8 30 21 Professional Services Agreement for Library Renovation Moving and Storage Services Page 3 of 12 In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Version 8 30 21 Professional Services Agreement for Library Renovation Moving and Storage Services Page 4 of 12 damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Version 8 30 21 Professional Services Agreement for Library Renovation Moving and Storage Services Page 5 of 12 In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury per accident; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Version 8 30 21 Professional Services Agreement for Library Renovation Moving and Storage Services Page 6 of 12 to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Version 8 30 21 Professional Services Agreement for Library Renovation Moving and Storage Services Page 7 of 12 be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler – Facilities Project Coordinator, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be David Pitchford – Director of Commercial Services, or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Version 8 30 21 Professional Services Agreement for Library Renovation Moving and Storage Services Page 8 of 12 direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Version 8 30 21 Professional Services Agreement for Library Renovation Moving and Storage Services Page 9 of 12 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Version 8 30 21 Professional Services Agreement for Library Renovation Moving and Storage Services Page 10 of 12 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Version 8 30 21 Professional Services Agreement for Library Renovation Moving and Storage Services Page 11 of 12 the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than January 1st, 2025. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Version 8 30 21 Professional Services Agreement for Library Renovation Moving and Storage Services Page 12 of 12 By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Director Commercial Services David Pitchford EXHIBIT A DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 David Pitchford Mesa Moving & Storage | Utah - Idaho - Colorado - Montana | www.mesamoving.com Pricing Proposal for: Bozeman Public Library Renovation RFP Project Name: Bozeman Public Library Renovation Quoted By: DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Dear Max Ziegler > A hassle-free transition > Comprehensive process management by myself and the Mesa Commercial Team > Effective and timely communication, including flexibility > Ample resources and specialized equipment to complete your project on-time Thank you! Sincerely, David Pitchford David Pitchford Director of Commercial Sales P: E: 9/9/2022 (303) 923-1284 dpitchford@mesamoving.com Mesa Moving & Storage | Utah - Idaho - Colorado - Montana | www.mesamoving.com Thank you for your interest in Mesa Moving & Storage. It is our pleasure to help coordinate the commercial services for your upcoming project. We greatly appreciate the opportunity to submit the following proposal for your consideration. We are confident that our proposal and plan address all of your needs and concerns, specifically: Our goal is to exceed your expectations while providing the best service available. If any of your concerns have not been addressed in this proposal, please let us know. Throughout our combined 40-years of experience with office moving we have had the opportunity to help hundreds of companies accomplish their projects worry-free and within budget. We urge you to contact our references to confirm our commitment to quality, reliability, and unwavering customer service. After reviewing this proposal, we are confident you will conclude Mesa Moving & Storage is the best solution for your relocation. We look forward to being a valuable member of your project team from planning through successful completion. DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Bozeman Public Library Renovation QUOTE DATE: 9/9/2022 Presented To Max Ziegler 626 E. Main St. Bozeman Montana 0 Total $131,262.50 Commercial Valuation Coverage (Base Included, Rate is for Recommended Coverage)$0.00 $50.00 $131,312.50 Contract price terms:Gauranteed Total Per Hour $75.00 $60.00 $55.00 $55.00 $52.00 $52.00 $40.00 $60.00 Add 150% Regular Rates Add 200% Regular Rates $75.00 $125.00 Mesa Moving & Storage | Utah - Idaho - Colorado - Montana | www.mesamoving.com Date Signature Acceptance Packer Description Commercial & Relocation Project Total Estimated Cost Warehouse Valuation Coverage Passenger Van Mover Straight Truck Tractor Trailer Overtime Addition per person Premium Addition per person Energy Fee Per Vehicle (Per Day) Project Manager Supervisor Driver Installer/Computer Technician Commercial Service Quote Bozeman Public Library Renovation RFP Move Estimate for Commercial Relocation/Warehouse Services Labor & Key Equipment Rate Schedule Description DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Event Name Date of Event Start Time Origin Address Desitantion Address Phase 1- Preparation/Material 9/26/2022 8am OA Mesa BOZ 1 Event Overview/Scope Man Power/Vehicles Amount Qty/Hr/Day Project Manager 1 75.00$ Per Hr. X 16 Hrs. =$1,200.00 Driver 1 55.00$ Per Hr. X 4 Hrs. =$220.00 Movers/Packer 2 52.00$ Per Hr. X 4 Hrs. =$416.00 Straight Truck 4 40.00$ Per Hr. X 4 Hrs. =$640.00 Energy Fee 1 75.00$ Per Day X 1 Day = $75.00 Delivery and Pickup of Bookcarts 1 4,500.00$ flat Fee 6 Trip = $27,000.00 Storage Trailers 3 1,500.00$ per month 6 Flat = $27,000.00 Storage Trailers p/u-drop off 3 400.00$ 1 Trip = $1,200.00 Subtotal:$57,751.00 Materials Amount Qty Autobottom (1.5 cu ft)200 2.50$ Each 200 =$500.00 Shrink Wrap 12 25.00$ Each 12 =$300.00 Monitor sleeve-(18"x23")25 2.25$ Each 25 =$56.25 Keyboard Bags 25 1.25$ Each 25 = $31.25 Builder Board ( 38"X 100')2 75.00$ Each 2 =$150.00 Equipment Amount Rate Days Library Carts-per day 100 1.50$ Each 140 = $21,000.00 $22,037.50 $79,788.50 Quoted Price Quoted Price Materials & Equipment Subtotal: Event Total: Quoted Price Event Details Material and Equipment: Bookcarts to be delivered into Bozeman from SLC, Storage trailers to be positioned at our warehouse for use while loading library. Return of book carts to SLC. Packing material, building protection DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Event Name Date of Event Start Time Origin Address Desitantion Address Day 1- Begin loading books 10/17/2022 8am OA Mesa BOZ 1 Event Overview/Scope Man Power/Vehicles Amount Qty/Hr/Day Project Manager 1 75.00$ Per Hr. X 9 Hrs. =$675.00 Supervisor 1 60.00$ Per Hr. X 9 Hrs. =$540.00 Driver 2 55.00$ Per Hr. X 9 Hrs. =$990.00 Movers/Packer 4 52.00$ Per Hr. X 9 Hrs. =$1,872.00 Straight Truck 2 40.00$ Per Hr. X 9 Hrs. = $720.00 Energy Fee 2 75.00$ Per Day X 1 Day = $150.00 Transportation Vehicle 1 125.00$ Per Day X 1 Day = $125.00 Subtotal:$5,072.00 Materials Amount Qty 48" Wall Corrugate (250' roll)2 123.00$ Each 2 = $246.00 Builder Board ( 38"X 100')200 1.00$ Each 200 =$200.00 Painter's Tape 6 7.00$ Each 6 =$42.00 Equipment Amount Rate Days $488.00 $5,560.00 Quoted Price Event Details Quoted Price Materials & Equipment Subtotal: Event Total: Quoted Price Deliver bookcarts and begin loading books/Media, load carts and stage in storage trailer at Mesa Warehouse. DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Event Name Date of Event Start Time Origin Address Desitantion Address Day 2- Load books 10/18/2022 8am Mesa BOZ 1 Event Overview/Scope Man Power/Vehicles Amount Qty/Hr/Day Project Manager 1 75.00$ Per Hr. X 9 Hrs. =$675.00 Supervisor 1 60.00$ Per Hr. X 9 Hrs. =$540.00 Driver 2 55.00$ Per Hr. X 9 Hrs. =$990.00 Movers/Packer 4 52.00$ Per Hr. X 9 Hrs. =$1,872.00 Straight Truck 2 40.00$ Per Hr. X 9 Hrs. =$720.00 Energy Fee 2 75.00$ Per Day X 1 Day = $150.00 Transportation Vehicle 1 125.00$ Per Day X 1 Day = $125.00 Subtotal:$5,072.00 Materials Amount Qty Equipment Amount Rate Days $0.00 $5,072.00Event Total: Event Details Quoted Price Quoted Price Quoted Price Materials & Equipment Subtotal: Continue loading books onto carts and stage for storage DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Event Name Date of Event Start Time Origin Address Desitantion Address Day 3- Complete book loading 10/19/2022 8am Mesa BOZ 1 Event Overview/Scope Man Power/Vehicles Amount Qty/Hr/Day Project Manager 1 75.00$ Per Hr. X 9 Hrs. =$675.00 Supervisor 1 60.00$ Per Hr. X 9 Hrs. =$540.00 Driver 2 55.00$ Per Hr. X 9 Hrs. =$990.00 Movers/Packer 4 52.00$ Per Hr. X 9 Hrs. =$1,872.00 Straight Truck 2 40.00$ Per Hr. X 9 Hrs. =$720.00 Energy Fee 2 75.00$ Per Day X 1 Day = $150.00 Transportation Vehicle 1 125.00$ Per Day X 1 Day = $125.00 Subtotal:$5,072.00 Materials Amount Qty Equipment Amount Rate Days $0.00 $5,072.00 Quoted Price Event Details Materials & Equipment Subtotal: Event Total: Quoted Price Quoted Price Complete book, media and dvd onto carts, stage to store. DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Event Name Date of Event Start Time Origin Address Desitantion Address Day 4- Internal move 9/29/2022 8am Mesa BOZ 1 Event Overview/Scope Man Power/Vehicles Amount Qty/Hr/Day Project Manager 1 75.00$ Per Hr. X 9 Hrs. =$675.00 Supervisor 1 60.00$ Per Hr. X 9 Hrs. =$540.00 Driver 2 55.00$ Per Hr. X 9 Hrs. =$990.00 Movers/Packer 4 52.00$ Per Hr. X 9 Hrs. =$1,872.00 Straight Truck 2 40.00$ Per Hr. X 9 Hrs. =$720.00 Energy Fee 2 75.00$ Per Day X 1 Day = $150.00 Transportation Vehicle 1 125.00$ Per Day X 1 Day = $125.00 Subtotal:$5,072.00 Materials Amount Qty Equipment Amount Rate Days $0.00 $5,072.00 Materials & Equipment Subtotal: Event Total: Quoted Price Quoted Price Quoted Price Event Details Begin and complete internal office move within the library DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Event Name Date of Event Start Time Origin Address Desitantion Address Day 5 - Surplus Furniture 10/5/2022 8am Mesa BOZ 1 Event Overview/Scope Man Power/Vehicles Amount Qty/Hr/Day Project Manager 1 75.00$ Per Hr. X 9 Hrs. =$675.00 Supervisor 1 60.00$ Per Hr. X 9 Hrs. =$540.00 Driver 2 55.00$ Per Hr. X 9 Hrs. =$990.00 Movers/Packer 4 52.00$ Per Hr. X 9 Hrs. = $1,872.00 Straight Truck 2 40.00$ Per Hr. X 9 Hrs. =$720.00 Energy Fee 2 75.00$ Per Day X 1 Day = $150.00 Transportation Vehicle 1 125.00$ Per Day X 1 Day = $125.00 Subtotal:$5,072.00 Materials Amount Qty landfill 2 350.00$ Each 2 =$700.00 Storage charges 6 150.00$ Months 0 =$900.00 Storage In/Out Fee 1 200.00$ Each 1 =$200.00 Equipment Amount Rate Days $1,800.00 $6,872.00 Quoted Price Event Details Quoted Price Materials & Equipment Subtotal: Event Total: Quoted Price Remove surplus furniture, dispose or recycle. Pull selected furniture for storage at our warehouse DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Event Name Date of Event Start Time Origin Address Destination Address Phase 2 - Move Books Back 2/1/2023 8am Mesa BOZ OA 1 Event Overview/Scope Man Power/Vehicles Amount Qty/Hr/Day Project Manager 1 75.00$ Per Hr. X 9 Hrs. = $675.00 Supervisor 1 60.00$ Per Hr. X 9 Hrs. = $540.00 Driver 2 55.00$ Per Hr. X 9 Hrs. =$990.00 Movers/Packer 4 52.00$ Per Hr. X 9 Hrs. =$1,872.00 Straight Truck 2 40.00$ Per Hr. X 9 Hrs. =$720.00 Energy Fee 2 75.00$ Per Day X 1 Day = $150.00 Transportation Vehicle 1 125.00$ Per Day X 1 Day = $125.00 Subtotal:$5,072.00 Materials Amount Qty Equipment Amount Rate Days $0.00 $5,072.00 Quoted Price Materials & Equipment Subtotal: Event Total: Event Details Quoted Price Quoted Price Move books, media and DVD's back into the stacks DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Event Name Date of Event Start Time Origin Address Desitantion Address Phase 2- Continue Unload 2/2/2023 8am Mesa BOZ OA 1 Event Overview/Scope Man Power/Vehicles Amount Qty/Hr/Day Project Manager 1 75.00$ Per Hr. X 9 Hrs. =$675.00 Supervisor 1 60.00$ Per Hr. X 9 Hrs. =$540.00 Driver 2 55.00$ Per Hr. X 9 Hrs. =$990.00 Movers/Packer 4 52.00$ Per Hr. X 9 Hrs. =$1,872.00 Straight Truck 2 40.00$ Per Hr. X 9 Hrs. =$720.00 Energy Fee 2 75.00$ Per Day X 2 Day = $300.00 Transportation Vehicle 1 125.00$ Per Day X 1 Day = $125.00 Subtotal:$5,222.00 Materials Amount Qty Equipment Amount Rate Days $0.00 $5,222.00 Event Details Quoted Price Quoted Price Quoted Price Materials & Equipment Subtotal: Event Total: Deliver bookcarts, unload into shelves remove empty Carts DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Event Name Date of Event Start Time Origin Address Desitantion Address Phase 2 Continue and complete 2/3/2023 8am Mesa BOZ OA 1 Event Overview/Scope Man Power/Vehicles Amount Qty/Hr/Day Project Manager 1 75.00$ Per Hr. X 9 Hrs. =$675.00 Supervisor 1 60.00$ Per Hr. X 9 Hrs. =$540.00 Driver 2 55.00$ Per Hr. X 9 Hrs. =$990.00 Movers/Packer 4 52.00$ Per Hr. X 9 Hrs. =$1,872.00 Straight Truck 2 40.00$ Per Hr. X 9 Hrs. =$720.00 Energy Fee 2 75.00$ Per Day X 1 Day = $150.00 Transportation Vehicle 1 125.00$ Per Day X 1 Day = $125.00 Subtotal:$5,072.00 Materials Amount Qty Equipment Amount Rate Days $0.00 $5,072.00 Quoted Price Quoted Price Quoted Price Event Details Materials & Equipment Subtotal: Event Total: Continue and complete Bookcart unload and remove equipment DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Event Name Date of Event Start Time Origin Address Desitantion Address Phase 2- Delivery/Internal move 3/31/2023 8am Mesa BOZ OA 1 Event Overview/Scope Man Power/Vehicles Amount Qty/Hr/Day Project Manager 1 75.00$ Per Hr. X 9 Hrs. =$675.00 Supervisor 1 60.00$ Per Hr. X 9 Hrs. =$540.00 Driver 2 55.00$ Per Hr. X 9 Hrs. =$990.00 Movers/Packer 4 52.00$ Per Hr. X 9 Hrs. =$1,872.00 Straight Truck 2 40.00$ Per Hr. X 9 Hrs. =$720.00 Energy Fee 2 75.00$ Per Day X 1 Day = $150.00 Transportation Vehicle 1 125.00$ Per Day X 1 Day = $125.00 Subtotal:$5,072.00 Materials Amount Qty landfill 1 350.00$ Each 1 =$350.00 Equipment Amount Rate Days $350.00 $5,422.00 Quoted Price Materials & Equipment Subtotal: Event Details Quoted Price Quoted Price Event Total: Deliver furniture out of storage, move within the buidling and set up, remove surplus furniture dispose and or recycle DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Event Name Date of Event Start Time Origin Address Desitantion Address Phase 3- Internal move/Surplus 2/5/2023 8am Mesa BOZ OA 1 Event Overview/Scope Man Power/Vehicles Amount Qty/Hr/Day Supervisor 1 60.00$ Per Hr. X 8 Hrs. =$480.00 Driver 1 55.00$ Per Hr. X 8 Hrs. =$440.00 Movers/Packer 3 52.00$ Per Hr. X 8 Hrs. =$1,248.00 Straight Truck 1 40.00$ Per Hr. X 8 Hrs. =$320.00 Energy Fee 1 75.00$ Per Day X 1 Day = $75.00 Transportation Vehicle 1 125.00$ Per Day X 1 Day = $125.00 Subtotal:$2,688.00 Materials Amount Qty landfill 1 350.00$ Each 1 =$350.00 Equipment Amount Rate Days $350.00 $3,038.00 Materials & Equipment Subtotal: Event Total: Quoted Price Quoted Price Event Details Internal move and setup, disposeor recycle of specified furniure. Quoted Price DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 Transportation Valuation Storage/Warehouse Valuation Minimum $20,000.00 Minimum $20,000.00 Declared Value Declared Value $200,000.00 $20,000.00 Declared High Value 200000 Deductible Levels Cost Per $1000 Costs $0.00 $8.50 $0.00 $500.00 $5.00 $0.00 $1,000.00 $2.50 $0.00 High Value Deductible Levels Cost Per $1000 HV Costs $0.00 $0.00 $8.50 $0.00 $0.00 $500.00 $5.00 $0.00 $0.00 $1,000.00 $2.50 $0.00 Deductible Levels Cost Per $1000 Costs $0.00 $2.50 $500.00 $500.00 $1.50 $300.00 $1,000.00 $1.00 $200.00 OPTION 1 Select Declared Value Amt Deductable Level Cost Per $1000 Option 1 Cost Initial $20,000.00 $0.00 $8.50 $0.00 $20,000.00 $500.00 $5.00 $0.00 $20,000.00 $1,000.00 $2.50 $0.00 OPTION 2 Select Declared High-Value Amt Deductable Level Cost Per $1000 Option 2 Cost Initial $0.00 $0.00 $8.50 $0.00 $0.00 $500.00 $5.00 $0.00 $0.00 $1,000.00 $2.50 $0.00 OPTION 3 Select Option 3 Cost Initial $0.00 STORAGE Select Election Made Above Deductable Level Cost Per $1000 Option 2 Cost Initial $0.00 $2.50 $50.00 $500.00 $1.50 $30.00 $1,000.00 $1.00 $20.00 $0.00 $2.50 $0.00 $500.00 $1.50 $0.00 $1,000.00 $1.00 $0.00 Option 3 N/A N/A $0.00 Mesa Moving & Storage | Utah - Idaho - Colorado - Montana | www.mesamoving.com Minimum Declared Value $20,000.00. Covered at $0.60 per lb per article Storage Valuation Storage Coverage: In the event cargo goes into storage, Option Selection above will follow cargo. Declared Value Amounts in Option 1 or Option 2 will remain the same and will be billed monthly. All Assets Not Included on High-Value List Covered at $0.60 per lb per article Covered at $0.60 per lb per article Covered at $0.60 per lb per article Option 2 Option 1 Mesa’s liability is limited to a maximum of $0.60 per pound per article.StorageCovered at $0.60 per lb per article Covered at $0.60 per lb per article TransportationCovered at $0.60 per lb per article CARGO VALUATION OPTIONS: Transportation and Storage Mesa Moving & Storage (Mesa) Basic Carrier’s Liability will automatically apply if Customer does not select optional coverage. Basic Carrier’s Liability: This Option will automatically apply if Customer does not select optional coverage. Basic Carrier's Liability Mesa's liability is limited to $0.60 per pound per article Transportation Valuation All Assets Not Included on High-Value List Covered at $0.60 per lb per article Covered at $0.60 per lb per article Covered at $0.60 per lb per article Declared Replacement Value of Specific High-Value Assets’ Inventory List - combined with Basic Carrier’s Liability: Mesa’s maximum liability limited to the declared value per item on High-Value Assets Inventory List only. Mesa’s liability of remaining cargo will be limited to Basic Carrier’s Liability of $0.60 per pound per article. Declared Replacement Value: Mesa’s maximum liability limited to the declared value of cargo in its current used condition. Minimum Declared Value $20,000.00. Minimum Declared Value $20,000.00. DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551 TERMS & CONDITIONS Print Customer Name Date Print Authorized Representative Name Authorized Represntative Signature Date Mesa Moving & Storage | Utah - Idaho - Colorado - Montana | www.mesamoving.com All work will be completed in a professional manner according to standard industry practices. Customer’s representatives must be present at origin and destination during the actual move and authorized to make changes to the scope of the move. Mesa Systems, Inc. d.b.a. Mesa Commercial Services (Mesa) is due all monies as contracted unless termination of said contact is agreed to, in writing, by both parties. Any alterations or deviations from specifications listed in Mesa’s proposal that involve extra labor, equipment, or additional time may result in an adjustment of the quoted price in the form of additional charges. Such charges will be due and payable in accordance with the terms of payment listed in Terms & Conditions. Unexpected Circumstances. There may be additional charges if the following conditions do not exist at both origin and destination facilities: (a) adequate light, heat, air and power, and access to adequate parking; (b) exclusive and uninterrupted use of elevators and docks; (c) all loading and unloading areas are accessible, and free of debris or any other impediments to moving, and (d) construction, renovation, decorating and other work is complete or at a status that will not impede the move. Price. The cost for moving and storage services include all time, labor, material, and equipment as listed in the Mesa Proposal. Any deviations from the specifications, sequence, or scheduling of the move will result in a change order and an adjusted price. In addition, any costs for change orders, Alternative Measures and Unexpected Circumstances during the move will be included in the final invoice. Delays. Situations beyond the reasonable control of Mesa, such as but not limited to traffic or roadwork, weather conditions, accidents, riots, strikes, malfunction/non-functioning on-site Customer or building equipment, acts of God, government regulations or other causes and acts of force majeure, may cause a delay in services. In the event of any such unforeseen encounter, the duration of the move period may be correspondingly extended. Mesa will not be responsible or liable to Customer for any loss or damage to Customer including loss of income and/or profits, incidental, special or consequential damages resulting solely from the move being delayed as the result of unforeseen circumstances beyond Mesa’s control. Customer will be responsible for paying the actual time, labor, material, and equipment used for the move, regardless of unforeseen delays beyond Mesa’s control. Cancellation. Cancellation, or any changes, must be made at least 48-hours prior to the move. Should a crew be dispatched due to the lack of notice, the customer will be charged according to the hourly rate of the crew multiplied by 4-hours. Payment Terms. If credit approved, payment is due in full 30-days from date of invoice unless otherwise specified. If paying by credit card there will be a 3% convenience fee applied to the total invoice for payment. If credit terms are not established, Customer shall pay Mesa’s estimated costs plus 10% no later than 1- day prior to the Planned Move Date and shall pay Mesa for Alternative Measures, Unexpected Circumstances, or Change Orders no later than 3-days after the conclusion of the move. Non-Payment/Collection. Invoices outstanding for more than 30 days will bear interest at the rate of 1½ percent per month (18% APR) on the unpaid balance. If legal counsel is retained to collect monies owed by Customer, Customer shall pay to Mesa reasonable costs of collection, attorneys’ fees, and court costs incurred. Miscellaneous. The Agreement (a) includes these Terms and Conditions and the duly executed Mesa Proposal, Bills of Lading and Change Orders; (b) embodies the entire agreement between the parties pertaining to the subject matter hereof and any additions or modifications to this Agreement must be in writing signed by both parties; (c) supersedes all verbal, written and electronic representations, understandings and agreements; and (d) shall be construed as severable, so the invalidity of any provision shall not affect the validity of any other provisions. The parties shall submit to the laws and jurisdiction of Colorado courts for any lawsuit arising out of or related to this agreement regarding any stored or handled items and shall waive the right to a jury trial. The prevailing party shall be entitled to reimbursement of its costs and reasonable attorney’s fees. In the event Customer fails to pay amounts owed to Mesa under this Agreement, Mesa shall be entitled to recover from Customer reasonable attorneys’ fees and costs Mesa incurs in enforcing the provisions of this Agreement. Signature Required Prior to Execution of Services Alternative Measures. There may be additional charges if any item must be moved using Alternative Measures (such as elevator top-rides, use of lift, or removal of windows) due to the characteristics of said item (size, weight, or building characteristics). Protection from Damage/Claims. Mesa shall not be held liable for loss, damage, or destruction of items such as but not limited to (a) unsecured high-value negotiable items; (b) electronic equipment improperly prepared to move by manufacturer; (c) electronic equipment with no exterior physical damage; (d) objects not movable by standard moving methods; (e) origin/destination building if elevator is not available and/or space during the move is shared with other contractors or building management. Claims for loss or damage must be made in writing within 30-days of move completion or Customer waives the right to any claims. Mesa shall not be liable for any indirect, consequential, special incidental, or punitive damages, including but not limited to loss of use, delay, or lost profits. DocuSign Envelope ID: 55273CA1-9264-4385-8BD2-0EDF8472B551