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12-28-2015 Council Packet
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12-28-2015 Council Packet
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1/13/2016 3:22:06 PM
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City Council
Council Document Type
Council Packet
Meeting Date
12/28/2015
Council Meeting Type
Regular
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10.03 Successors and Assigns <br />A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal <br />representatives to the other party hereto, its partners, successors, assigns, and legal <br />representatives in respect to all covenants, agreements, and obligations contained in the <br />Contract Documents. <br />10.04 Severability <br />A. Any provision or part of the Contract Documents held to be void or unenforceable under <br />any Law or Regulation shall be deemed stricken and all remaining provisions shall continue <br />to be valid and binding upon Owner and Contractor, who agree that the Contract <br />Documents shall be reformed to replace such stricken provision or part thereof with a valid <br />and enforceable provision that comes as close as possible to expressing the intention of <br />the stricken provision. <br />10.05 Contractor's Certifications <br />A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive <br />practices in competing for or in executing the Contract. For the purposes of this Paragraph <br />10.05: <br />1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of <br />value likely to influence the action of a public official in the bidding process or in the <br />Contract execution; <br />2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to <br />influence the bidding process or the execution of the Contract to the detriment of <br />Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) <br />to deprive Owner of the benefits of free and open competition; <br />3. "collusive practice" means a scheme or arrangement between two or more Bidders, <br />with or without the knowledge of Owner, a purpose of which is to establish Bid prices at <br />artificial, non-competitive levels; and <br />4. "coercive practice" means harming or threatening to harm, directly or indirectly, <br />persons or their property to influence their participation in the bidding process or affect <br />the execution of the Contract. <br />AGREEMENT FORM <br />© 2015 Stantec 1 193803415 00 52 10 - 5 <br />
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