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3 <br /> 3.9 Rejection of Proposals <br /> The City reserves the right to reject any and all proposals and to waive any immaterial <br /> defects and irregularities in proposals. <br /> 3.10 City-Requested Clarifications <br /> The City reserves the right to request clarification of information submitted and to <br /> request additional information from any Proposer. <br /> 3.11 Disposition of Proposals <br /> All materials submitted in response to the RFP, including samples, shall become the <br /> property of the City upon delivery to the City. <br /> 3.12 Incorporation of RFP and Proposal in Agreement <br /> The RFP, including all attachments and addenda, and all promises, warranties, <br /> commitments and representations in the successful Proposal shall be binding and shall <br /> become obligations of an agreement between the successful Proposer and the City. <br /> 3.13 Proposal Submittal <br /> Proposers must submit one clearly marked original and five (5) copies of the Proposal <br /> documents; one set clearly marked original and the copies marked copy. Additionally one <br /> copy of the proposal on CD in either MS Office or Adobe Acrobat PDF file format is <br /> required. Proposers shall enclose Proposals in sealed envelopes identifying the <br /> Proposer's name, mailing address and RFP#, and the time and date of opening as <br /> specified in Section 3.2 above. <br /> 3.14 Timely Execution of Agreement Required <br /> The successful Proposer must execute an agreement with the City for the provision of <br /> services subject to and incorporating the material terms of this RFP and successful <br /> Proposal within sixty (60) days after receipt of the final form of the agreement. <br /> 3.15 Legal Disputes <br /> In submitting a proposal, the Proposer agrees that in the event of litigation concerning or <br /> arising out of the above-referenced agreement or this RFP, proposals in response to this <br /> RFP or related process, the sole venue of any legal action shall be Snohomish County <br /> Superior Court, and the law governing the interpretation of the agreement, this RFP or <br /> related process shall be Washington law. <br /> Everett Downtown Mixed-Use Development(Allen Buick/Culmback Property)-RFP Page 8 <br />