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Res. #15-036 - Approving Plans & Specs. & Ordering Ad. For Bids
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Res. #15-036 - Approving Plans & Specs. & Ordering Ad. For Bids
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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 /> 0 2015 Stantec 1 193803352 0052 10-5 <br />
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