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Stevens will call for bids and execute a construction contract in accordance with the Lake Stevens' <br /> usual procurement processes and in accordance with the following: <br /> (a) The 91st Ave Project bid package and contract will include the Final <br /> Transmission Line Project Plans and Specifications for the Transmission Line Work. The <br /> Transmission Line Work will be a separate bid schedule in the 91st Ave Project bid <br /> package. The bid package will inform bidders that the bid award will be determined based <br /> upon bidders' total bid amounts for the entire 91st Ave Project, including the Transmission <br /> Line Work. <br /> (b) Everett may require inclusion of the supplemental responsibility criteria <br /> regarding contractor experience in transmission line or similar work for the Transmission <br /> Line Work. If so, Everett will provide the criteria for inclusion in the 91st Ave Project bid <br /> package. The criteria will allow a bidder to meet the criteria either through the experience <br /> of the bidder itself or by the experience of the bidder's designated transmission line <br /> subcontractor. <br /> (c) The construction contract will contain a provision requiring Everett be <br /> added as an additional insured on the contractor's required liability insurance policies. <br /> (d) The construction contract will contain a clause acceptable to Everett that <br /> assigns all contractor's and manufacturer's warranties related to the Transmission Line <br /> Work to Everett. <br /> 2. Construction Contract Award (Two Contracts). If Lake Stevens determines that <br /> the 91st Ave Project and Transmission Line Work will be awarded as two separate contracts,then <br /> Lake Stevens will call for bids and execute construction contracts in accordance with the Lake <br /> Stevens' usual procurement processes and in accordance with Sections 1.C.1(b)-(d) above. <br /> 3. No Obligation to Award. Lake Stevens may reject all bids or otherwise determine <br /> to not proceed with a construction contract for the 91st Ave Project at Lake Stevens' sole <br /> discretion. However, if Lake Stevens awards the 91st Ave Project, it must also award the <br /> Transmission Line Work in accordance with this Agreement. <br /> D. Construction. <br /> 1. Lake Stevens shall complete the 91st Ave Project and all Transmission Line Work, <br /> in accordance with the Final Transmission Line Project Plans and Specifications and in accordance <br /> with the 91st Ave Use Permit. Lake Stevens will designate Everett as lead in the coordination, <br /> oversight and inspection of Transmission Line Work. Lake Stevens will substantially complete <br /> the Transmission Line Work no later than the date of substantial completion of the 91st Ave <br /> Project. <br /> 2. Everett will be invited to attend all construction meetings that involve the <br /> Transmission Line Work. Everett will manage all connections to the transmission lines and the <br /> operational coordination, including when the work can occur, the duration of the work, the <br /> inspection of the connections, and oversight of the contractor. <br /> 4 <br />