Ballard Marine Construction 7/14/2023

General Conditions - 2 1.5 NON-ENDORSEMENT As a result of the selection of a Contractor to provide products or services to the City of Everett, the City of Everett is neither endorsing nor suggesting that the Contractor's product is the best or only solution. The Contractor agrees to make no reference to the City of Everett in any literature, promotional material, brochures, sales presentation, or the like without the express written consent of the City of Everett. 1.6 NO CONFIDENTIALITY The Contractor understands and agrees that the Contract Documents and all the materials submitted in connection with the Contract Documents will not be treated as confidential or proprietary by the City. The City will disclose the Contract Documents and all such materials to anyone at any time and without notice to the Contractor. 1.7 RESPONSE PROPERTY OF THE CITY OF EVERETT All materials submitted by the Contractor become the property of the City of Everett. Selection or rejection of a response does not affect this right. 1.8 PAYMENT & PERFORMANCE BONDS In accordance with RCW 39.08.010(3), the City will, in lieu of the bond, retain ten percent of the contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the department of revenue, the employment security department, and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later. This is in addition to the 5% required under chapter 60.28 RCW. 1.9 EXECUTION OF CONTRACT & NOTICE TO PROCEED The successful Contractor will be sent a notice of Intent to Award, contract, bond forms, and instructions. The successful Contractor will sign the contract and return it along with the executed bond forms to the City of Everett according to the instructions, together with a certificate of insurance and required insurance endorsements. Upon execution and receipt of any additional required documentation or submittals from the Contractor, the purchase order will be issued. The purchase order will provide the Notice to Proceed. Any work performed by the Contractor prior to execution of the Contract is strictly at the Contractor’s risk. 1.10 RESPONSIBILITIES OF THE CONTRACTOR A. Notice to Proceed. The Contractor shall not start the Work until receipt of Notice to Proceed from the City. B. Safety. The Contractor shall take all necessary precautions for the safety of employees on the worksite and shall comply with all applicable provisions of federal, state, and local regulations, ordinances, and codes. The Contractor shall erect and properly maintain at all time, as required by the conditions and progress of the Work, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against known or unusual hazards.