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HomeMy WebLinkAboutItem 06.i Date: June 19,2017 Item No. APPROVAL OF A PROPOSAL FOR REMOVAL OF STREET LIGHTS ALONG HOLYOKE AVENUE BY Q3 CONTRACTING, INC. Proposed Action Staff recommends adoption of the following motion: Move to approve a proposal for the removal of street lights along Holyoke Avenue by Q3 Contracting, Inc. Overview The removal of the street lights is part of City Project 17-04 for the reclamation of Holyoke Avenue and streetscape improvements in downtown Lakeville. Xcel Energy is the prime contractor for the street light portion of the project and Q3 Contracting, Inc. is their subcontractor. The City required a separate proposal for the removal of the lights to meet the project schedule. Approval of this proposal will allow Q3 Contracting, Inc. to place it on their schedule at a time that best supports sequencing of tasks within the project. Since Q3 Contracting, Inc. is a subcontractor for Xcel Energy, no additional proposals were solicited. Additionally, Q3 Contracting completed a similar project for the City on Kensington Avenue in an efficient and cost-effective manner. Staff has reviewed the proposal and, based on the need to meet schedule requirements, recommends approval. Primary Issues to Consider • Do the street lights need to be removed? Yes. As part of the streetscape improvements which are part of the Holyoke Avenue project, all the street lights are being replaced with newer, more efficient lights. Supporting Information • A copy of the proposal is attached. Financial Impact: $38,842.00 Budgeted: Yes Source: 6563.6280 Related Documents (CIP, ERP, etc.): CIP, City Project 17-04 Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Chris Petree, Public Works Director 2 Q3 Contracting, Inc. 3066 Spruce Street Little Canada, MN 55117 Telephone: 651-365-7390 Fax: 651-224-2220 Quote By: Taylor Schieck Proposal Submitted To: Monica Heil Proposal Date: 5/5/17 City of Lakeville 952-985-2791 Project Location: Lakeville, MN Any changes will be accompanied by a signed & approved Change Order. All payments are on a net 30 basis. Project Description: Remove & Dispose of Street Lights Item # Item Description Unit/Measure Est. Quantity Total 1 Remove and Dispose of (45) Street Lights & Bases Lump Sum 1 $38,842.00 *Banner arms and flag holder will be removed by the City of Lakeville prior to demolition and removal of the poles. *This proposal is subject to the negotiation of mutually acceptable terms and conditions. *Customer shall be responsible for getting their service disconnected by their provider. This Proposal Includes: *Labor and equipment to remove (45) poles and bases, dispose of concrete bases, dispose of street light poles, remove (5) feedpoint cabinets, and remove (3) feedpoint bases. *Conduits coming up into feedpoints-to-be-removed will be cut at ground level and plugged with spray foam. This Proposal Does Not Include: *Quantities in excess of those listed in "Proposal Includes" section. *Any bonding, licensing, or permits for project. *Hard/Soft surface restoration. All work to be completed under the provisions of this proposal shall be done in a workmanlike manner according to standard practices. Any alterations or deviations from the above specifications resulting in extra costs, will be executed only upon written orders, and shall result in an extra charge over and above the estimated cost contained herein. All agreements are contingent upon strikes, accidents, and delays beyond the control of Q3 Contracting. The above prices, specifications, and terms and conditions on the front and back of this agreement are hereby accepted. Payment will be made as outlined above. Proposal may be withdrawn by Q3 if not accepted within 15 days. Signature: Name/Title: Date of Acceptance: 3 GENERAL TERMS AND CONDITIONS 1. PAYMENT TERMS. The Contractor agrees to pay Q3 for satisfactory performance of 11. AGREEMENT TERMINATION. If the Customer should breach any provision of this Contractor's work a sum equal to that found on the opposite side of this document in Agreement, become insolvent, cease doing business, or commit an act of bankruptcy, the project total box or per unit prices listed. Said work will be paid by the Contractor or if Q3 deems itself insecure, Q3, at its option and in addition to and without prejudice net 30 days from receipt of Q3's invoice. If Contractor fails to pay Q3 when payment is to any other remedies, may terminate the Agreement. due, the Contractor shall pay interest to Q3 at the rate of 1.5% per month (18% 12. NO WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, Q3 annually) beginning on the 31st day after payment is due. MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES REGARDING THE WORK, 2. SCOPE OF WORK. Q3 agrees to furnish all labor, materials, supervision, and other AND ANY REPAIR OR REPLACEMENT THEREOF, EXCEPT AS SET FORTH IN facilities required to do a completely integrated job in accordance with the items SECTION8, AND THE PARTIES HERBY DISCLAIM ANY IMPLIED WARRANTIES OR described on the opposite side of this document. WARRANTIESREGARDING THE WORK, AND ANY REPAIR OR REPLACEMENT 3. SCHEDULE OF WORK. Time is of the essence. Q3 shall provide Contractor with any THEREOF, IMPOSEDBY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY OR requested scheduling information of Q3's work. A Schedule of Work shall be prepared FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM by the Contractor and may be revised as the Work progresses. Q3 recognizes that COURSE OF DEALINGOR USAGE OF TRADE, WHICH ARE HERBY DISCLAIMED AND reasonable changes may be made in the Schedule of Work and agrees to cooperate WHICH SHALL HAVE NO EFFECT UNDER THIS AGREEMENT. Correction of with the Contractor to accommodate these changes. Q3 shall coordinate its work with nonconformities in the manner and for the period of time provided above consitute all other subcontractors, and suppliers on the Project so as not to delay or damage Q3's sole and exclusive liability and Contractor's sole and exclusive remedy for their performance, work, or the Project. defective or nonconforming Work whetherclaims of the Contractor are based in 4. CHANGES. Contractor, without nullifying this Agreement, may request Q3 in writing contract, in tort (including negligence and strictliability) or any other theory of recovery. to make changes to Q3's Work. Adjustments in the scope of work, the negotiated 13. ENFORCEMENT AND ATTORNEYS’ FEES. Q3’s failure at any time to require price and/or in contract time resulting from such changes shall be set forth in a strict performances by the Customer of any provisions hereof, shall not waive or Change Order pursuant to the Q3 Proposal. diminish Q3’s right to demand strict compliance therewith or with any other provision. 5. FAILURE OF PERFORMANCE. Should Q3 fail to satisfy contractual deficiencies Waiver of any defaults shall not waive any other default. Should it become within ten (10) working days from the receipt of Contractor's written notice, then the necessary that Q3 employ an attorney to enforce any of the provisions of this Contractor shall have the right to terminate this agreement. Neither party will be liable Agreement, to take possession of any of the equipment, or to recover any sum of for its failure to perform under this agreement if such failure arises out of causes money due hereunder, Q3 shall be entitled to recover such reasonable Attorneys’ beyond their control and without fault or negligences of such party. fees and expenses as shall be incurred in connection therewith. 6. INSURANCE. Prior to the acceptance of this contract, Q3 shall procure and maintain 14. GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws in force for the duration of this contract, Worker's Compensation Insurance (at of the State of Minnesota and will be considered performable in - Ramsey County, statutory levels), Comprehensive Automobile Liabilty Insurance (not less than Minnesota for venue purposes. Further, the customer and Q3 stipulate that the $1,000,000 per occurrence) and Comprehensive General Liability Insurance (not less exclusive venue for any legal proceeding involving or touching upon the Agreement than $1,000,000 per occurrence and not less than $2,000,000 in aggregate). or the equipment rented shall lie exclusively in - Ramsey County, Minnesota. Contractor shall be named as additional insureds on each of these policies, except 15. ENTIRE AGREEMENT. This document contains the entire and final agreement for Worker's Compensation. between the parties. Q3’s rights hereunder are cumulative and not alternative. No 7. INDEMNIFICATION. Each party (the "Indemnifying Party") shall indemnify, defend, representations, warranties, promises, guarantees, or agreements, oral or written, and hold harmless the other party and its affiliates and subcontractors of any tier, and express or implied, have been made by either party thereto with respect to this the directors, officers, employees, agents, of each from and against any claim, Agreement, except as expressly provided herein. This Agreement may only be demand, action, fine, penalty, liability, judgment, loss, damage, injury, cost and modified in writing, signed by the parties. expense, (including reasonable attorneys' fees) resulting from (a) injury to or death 16. ARBITRATION. All claims, disputes and other matters in question arising out of of any person, or (b) damage to or loss or destruction of any real or tangible personal or relating to this Agreement, or the breach thereof, may, at Q3’s sole option, be property, to the extent such claims are caused by the negligence or intentional decided by litigation or arbitration. If Q3 selects arbitration, it shall be conducted misconduct of the Indemnifying Party. in accordance with the construction industry arbitration rules of the American 8. WARRANTY. The Contractor warrants its work against deficiencies and defects in Arbitration Association then in effect and held in Ramsey County, Minnesota. Q3’s workmanship and agrees to satisfy same for a period of twelve (12) months from the election to arbitrate shall be a specifically enforceable agreement to arbitrate. The date of work completion. award rendered by the arbitrators shall be final and conclusive, and judgment may 9. MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES. The parties waive all claims be entered upon it in accordance with the applicable law in the Court having against each other for any consequential, incidental, special, exemplary, or punitive jurisdiction thereof. damages (including but not limited to, loss of actual or anticipated profits, revenues 17. COMPLIANCE WITH LAWS. Customer agrees to comply with and conform to all or product; loss by reason of shutdown or non-operation; increased expense of laws and regulations of any government of public body having jurisdiction relating manufacturing, operation, borrowing or financing; loss of use, productivity or shop to the maintenance, use, inspection, operation, storage, erection, dismantling, space; or increased cost of capital), and regardless of whether any such claim arises servicing or transportation of Equipment. Customer agrees to assume full out of breach of contract, guarantee or warranty, tort (including negligence and responsibility, and indemnify and hold harmless Q3 for any and all losses, damages, professional negligence), product liability, indemnity, contribution, strict liability or any expenses, fines, forfeitures, seizures, confiscations, and penalties arising out of other legal theory. the violation of any such laws and regulations. In the event that any law or 10. SAFETY. Q3, its agents, employees, materialmen, and subcontractors will perform regulation shall require the installation of any additional Equipment or accessories, all work on the project in a safe and responsible manner, in particular, Q3 shall comply including but not limited to, safety devices, or if any modification to Equipment is will all specific safety requirements promulgated by any government authority, required by law or regulation, Customer agrees to pay the full cost thereof, including without limitation the requirements of the Occupational Safety and Health including installation expenses, and the cost of restoring equipment to its Act of 1970, the Construction Safety Act of 1969 and all standards and regulations original configuration, if required by Q3. which have been or shall be promulgated by the party's or agency's employees, materialmen and subcontractors, and shall directly receive, respond to, defend, and be responsible for all citations, assessments, fines or penalties.