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HomeMy WebLinkAboutItem 06.e Date: May 15, 2017 Item No. ACCEPT BIDS AND AWARD CONTRACTS FOR THE CONSTRUCTION OF WELLS 21 AND 22 TO TRAUT COMPANIES AND PEMBER COMPANIES, INC. Proposed Action Staff recommends adoption of the following motion: Move to accept bids and award the contracts for Wells 21 and 22 to Traut Companies and Pember Companies, Inc. Overview The City’s update to its Comprehensive Water Supply Plan evaluated current water supply capacity against population and demand. The result was a recommendation for additional pumping capacity to meet projected population and demand increases. The construction of Wells 21 and 22 are the second and third in a series of new wells that will be added to meet projected City needs. The wells will be located in the southeast corner of the intersection of Dodd Boulevard and Highview Avenue. The City solicited bids on April 7, 2017 and opened bids on May 4, 2017. The specifications were separated into two contracts, Contract A for well construction and Contract B for water utilities and site improvements. This allowed the City to broaden the list of potential bidders. This project also includes the sealing and abandonment of Well 7. One bid was received from Traut Companies for Contract A, well construction, in the amount of $744,064.00. Four bids were received for Contract B, water utilities and site improvements, with Pember Companies, Inc. providing the lowest bid at $987,802.50. Combined, the bids total $1,731,866.50. Staff recommends approval. Primary Issues to Consider • Is the construction of these wells necessary? Yes. The water system is sized to meet peak demand. As has been shown by peak day usage, the City is very close to not meeting that peak demand with its current water system. Supporting Information • A copy of the letter of recommendation from Short Elliott Hendrickson Inc. and copies of the contracts are attached. Financial Impact: $1,731,866.50 Budgeted: Yes Source: Water Trunk Fund Related Documents (CIP, ERP, etc.): 2017-2021 CIP Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Chris Petree, Public Works Director Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is 100% employee-owned | sehinc.com | 651.490.2000 | 800.325.2055 | 888.908.8166 fax May 8, 2017 RE: Lakeville, Minnesota Well Nos. 21 & 22 Contract A - Well Construction Contract B- Water Utilities & Site Improvements City No. 15-10 SEH No. LAKEV 139208 14.00 Mr. Chris Petree Director of Public Works City of Lakeville 18400 Ipava Avenue Lakeville, MN 55044 Dear Mr. Petree: On Thursday, May 4, 2017 at 10:00 a.m. one (1) bid for Contract A and four (4) bids for Contract B were received for the above-referenced projects. Please find enclosed a tabulation of the bid detail. The results are summarized below: Contract A- Well Construction Contractors Total Bid 1. Traut Companies $744,064.00 Engineer’s Estimate $714,705.00 Contract B- Water Utilities & Site Improvements Contractors Total Bid 1. Pember Companies $987,802.50 2. Traut Companies $1,079,468.25 3. Pete's Water & Sewer $1,112,785.42 4. Northdale Construction $1,145,074.92 Engineer’s Estimate $996,416.50 Evaluation of Bid Results Receipt of only one bid for the well construction was not completely unexpected. As a design team , we made it a bid requirement to utilize a dual-rotary well rig, which are modern, higher speed rigs that avoid the neighborhood disruption of the older style percussion cable tool rigs. Traut Companies is one a very few in the region with this equipment and provided good service to the City during the Well #20 project. The Engineer’s estimate was derived from a combination of sources including, current industry cost reference manuals, cost estimates from similar wells, (including Lakeville Well #20), and unit costs line Mr. Chris Petree May 8, 2017 Page 2 items from past projects. The bids received for this project total slightly more than our Engineer’s estimates $1,711,121.50 versus low bids totals of $1,731,866.50. ($20,745.00 or 1.2%). Recommendation of Bid Award Upon review of the bids, it is our opinion that the Contract A- Well Construction should be awarded to Traut Companies in the amount of $744,064.00 and Contract B - Water Utilities & Site Improvements should be awarded to Pember Companies in the amount of $987,802.50 We thank you for the opportunity of working with the City of Lakeville on this project. Sincerely, Jeffrey R. Ledin, PE Sr. Professional Engineer JL/mrb Enclosure c: Neil Normandin, Lakeville Miles Jensen, SEH s:\ko\l\lakev\139208\1-genl\14-corr\l city recommendation a&b- 050817.docx Standard Form of Agreement LAKEV 139208 – Contract A 00 52 00 - 1 DOCUMENT 00 52 00 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between the CITY OF LAKEVILLE, MINNESOTA (Owner) and TRAUT COMPANIES (Contractor). Owner and Contractor hereby agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Well Nos. 21 & 22 Contract A – Well Construction Lakeville, MN City No. 15-10 LAKEV 139208 ARTICLE 2 – THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Well Nos. 21 & 22, Contract A – Well Construction in Lakeville, Minnesota. ARTICLE 3 – ENGINEER 3.01 The Project has been designed by Short Elliott Hendrickson Inc. (SEH®). 3.02 The Owner has retained SEH (Engineer) to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 – CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Dates A. The Work will be substantially completed on or before October 31, 2017 and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before November 30, 2017. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $800 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. Standard Form of Agreement 00 52 00 - 2 LAKEV 139208 – Contract A 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $500 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. ARTICLE 5 – CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work, at the prices stated in Contractor Bid attached hereto as Document 00 41 00. ARTICLE 6 – PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Subject to the provisions of SC-15.01.C, Owner shall make monthly progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications of Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 – INTEREST 7.01 All amounts not paid when due shall bear interest at the rate of 3.0 percent per annum. ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Standard Form of Agreement LAKEV 139208 – Contract A 00 52 00 - 3 C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor’s safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 – CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. Addenda (numbers 00 00 1 to 00 00 1 , inclusive). 2. This Agreement (pages 00 52 00-1 to 00 52 00-6, inclusive). 3. Performance Bond (Document 00 61 13). 4. Payment Bond (Document 00 61 14). 5. General Conditions (pages 00 72 00-1 to 00 72 00-65, inclusive). 6. Supplementary Conditions (pages 00 73 00-1 to 00 73 00-13, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 9. The Drawings listed in the index located on Drawing Sheet 1. 10. Exhibits to this Agreement (enumerated as follows). a. Contractor Bid (Document 00 41 00). b. Documentation submitted by Contractor prior to Notice of Award. c. Certificate of Insurance. Standard Form of Agreement 00 52 00 - 4 LAKEV 139208 – Contract A 11. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Field Order(s). c. Work Change Directive(s). d. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement. C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 – MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor’s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; Standard Form of Agreement LAKEV 139208 – Contract A 00 52 00 - 5 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non- competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. Standard Form of Agreement 00 52 00 - 6 LAKEV 139208 – Contract A IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on MAY 15, 2017 (which is the Effective Date of the Contract). OWNER: CONTRACTOR: THE CITY OF LAKEVILLE, MINNESOTA TRAUT COMPANIES By: By: Title: Title: [CORPORATE SEAL] [CORPORATE SEAL] Attest: Attest: Title: Title: Address for Giving Notices: Address for Giving Notices: 18400 Ipava Avenue 141 28th Avenue South Lakeville, MN 55044 Waite Park, MN 56387 License No. (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Owner-Contractor Agreement). (Where Applicable) Agent for service of process: (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Designated Representative: Name: Name: Title: Title: Address: Address Phone: Phone: Facsimile: Facsimile: Standard Form of Agreement LAKEV 139208 – Contract B 00 52 00 - 1 DOCUMENT 00 52 00 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between the CITY OF LAKEVILLE, MINNESOTA (Owner) and PEMBER COMPANIES, INC. (Contractor). Owner and Contractor hereby agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Well Nos. 21 & 22 Contract B – Water Utilities and Site Improvements Lakeville, MN City No. 15-10 LAKEV 139208 ARTICLE 2 – THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Well Nos. 21 & 22 in Lakeville, Minnesota. ARTICLE 3 – ENGINEER 3.01 The Project has been designed by Short Elliott Hendrickson Inc. (SEH®). 3.02 The Owner has retained SEH (Engineer) to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 – CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Dates A. The Work will be substantially completed on or before June 1, 2018 and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before July 1, 2018. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $800 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. Standard Form of Agreement 00 52 00 - 2 LAKEV 139208 – Contract B 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $500 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. ARTICLE 5 – CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work, at the prices stated in Contractor Bid attached hereto as Document 00 41 00. ARTICLE 6 – PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Subject to the provisions of SC-15.01.C, Owner shall make monthly progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications of Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract: 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract: a. 95 percent of Work completed (with the balance being retainage). b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 – INTEREST 7.01 All amounts not paid when due shall bear interest at the rate of 3.0 percent per annum. ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Standard Form of Agreement LAKEV 139208 – Contract B 00 52 00 - 3 C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor’s safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 – CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. Addenda (numbers 00 00 11 to 00 00 12, inclusive). 2. This Agreement (pages 00 52 00-1 to 00 52 00-6, inclusive). 3. Performance Bond (Document 00 61 13). 4. Payment Bond (Document 00 61 14). 5. General Conditions (pages 00 72 00-1 to 00 72 00-65, inclusive). 6. Supplementary Conditions (pages 00 73 00-1 to 00 73 00-13, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 9. The Drawings listed in the index located on Drawing Sheet 1. 10. Exhibits to this Agreement (enumerated as follows). a. Contractor Bid (Document 00 41 00). b. Documentation submitted by Contractor prior to Notice of Award. c. Certificate of Insurance. Standard Form of Agreement 00 52 00 - 4 LAKEV 139208 – Contract B 11. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Field Order(s). c. Work Change Directive(s). d. Change Order(s). B. The documents listed in Paragraph 9.01.A are attached to this Agreement. C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 – MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor’s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; Standard Form of Agreement LAKEV 139208 – Contract B 00 52 00 - 5 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non- competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. Standard Form of Agreement 00 52 00 - 6 LAKEV 139208 – Contract B IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on MAY 15, 2017 (which is the Effective Date of the Contract). OWNER: CONTRACTOR: The City of Lakeville, Minnesota PEMBER COMPANIES, INC. By: By: Title: Title: [CORPORATE SEAL] [CORPORATE SEAL] Attest: Attest: Title: Title: Address for Giving Notices: Address for Giving Notices: 18400 Ipava Avenue N4449 469th Street Lakeville, MN 55044 Menomonie, WI 54751 License No. (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Owner-Contractor Agreement). (Where Applicable) Agent for service of process: (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Designated Representative: Name: Name: Title: Title: Address: Address Phone: Phone: Facsimile: Facsimile: