2012/03/07 Council Agenda Packet

4.12 Disposition of Proposals All materials submitted in response to the RFP, including samples, shall become the property of the City upon delivery to the City. 4.13 Incorporation of RFP and Proposal in Agreement The RFP,including all attachments and addenda,and all promises,warranties,commitments and representations in the successful Proposal shall be binding and shall become obligations of an agreement between the successful Developer and the City. 4.14 Timely Execution of Agreement Required The successful Developer must execute an agreement with the City for the provision of services subject to,and incorporating,the material terms of this RFP and successful Proposal within ten (10)days after receipt of the final form of the agreement. Unless otherwise authorized by City Council,the period for negotiation of the final form of the agreement shall be not longer than ninety(90)days. 4.15 Transfer of Property Rights The transfer of property rights will occur upon the earlier of,(a)receipt of building permit by Developer,or(b)three years from the execution date of the Property Disposition and Development Agreement.Failure to commence construction prior to the third anniversary of the Property Disposition and Development Agreement will terminate the agreement. 4.16 Legal Disputes In submitting a proposal,the Developer agrees that in the event of litigation concerning or arising out of the above-referenced agreement or this RFP,proposals in response to this RFP or related process,the sole venue of any legal action shall be Snohomish County Superior Court,and the law governing the interpretation of the agreement,this RFP or related process shall be Washington law. 4.17 Indemnification/Waiver In submitting a proposal,the Developer agrees to indemnify and hold the City harmless of all liability,risks,costs,claims,actions,suits,demands,losses,expenses,injuries and damages of any kind arising directly or indirectly out of,or in connection with,the City's handling of the RFP process,including but not limited to,the rejection of any or all proposals. 4.18 Submittal Form The proposals should be in 8-1/2"x 11"vertical format.Accompanying drawings,diagrams or maps should be on 11"x 17"paper and folded. Each proposal should include a complete table of contents with corresponding tabs. Each page shall be numbered and contain the name of the Developer in the header or the footer. Two sided printing and the use of recycled materials is encouraged. Use of font sizes that are legible without magnification,such as Times Roman 10 to 12 point font is encouraged. Proposals must be limited to 50 pages,including resumes,but not including the cover letter or front and back covers. Developers must submit one clearly marked original and five(5)copies of the Proposal documents,plus one copy of the proposal on CD in either MS Office or Adobe Acrobat PDF file Smith Street TOD-RFP Page 8 10