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REQUEST FOR PROPOSALS 1 <br /> '` General Contractor/Construction Manager Services for <br /> Water Pollution Control Facility Expansion-Phase C <br /> "CONFIDENTIAL," then the Proposer will be deemed to have consented to <br /> the public disclosure of the material marked "Confidential" and the City may <br /> publically disclose such material without any liability whatsoever to Proposer. <br /> F. Indemnification by Proposer: To the extent that the City withholds from <br /> disclosure all or any portion of Proposer's material marked "CONFIDENTIAL", <br /> Proposer, by submitting, a Proposal in response to this RFP agrees to <br /> indemnify, defend and hold harmless the City of Everett from all lawsuits, <br /> liabilities, losses, damages, penalties, attorneys' fees and costs the City <br /> incurs arising from or relating to such withholding from disclosure. <br /> G. Consent to Procedure: Proposers, by submission of materials marked <br /> "CONFIDENTIAL", acknowledge and agree that the City will have no <br /> obligation to advocate for nondisclosure in any forum and has no liability <br /> whatsoever to any Proposer forthe disclosure of any material or record of any <br /> kind when that disclosure is in accordance with applicable law or in <br /> accordance with an order applying applicable law entered by the Snohomish <br /> County Superior Court or a Washington appellate court. By submitting a <br /> Proposal, the Proposer consents to the procedure outlined in this section as <br /> its sole remedy and waives and releases all claims against the City arising <br /> from the City's actions taken in accordance with this procedure. <br /> 14.0 PROTESTS AND DEBRIEFING <br /> A. Protests: Chapter 3.46 of Everett Municipal Code (EMC), except EMC <br /> 3.46.050, governs all protests. The City Council by resolution dated April 4, <br /> 2012 has determined that the following will apply in lieu of EMC 3.46.050 <br /> (Filing and Deadline): <br /> 1. Strict Filing Deadlines. A protestor must strictly comply with the time <br /> limits established below. A protestor waives its protest by failing to <br /> comply strictly with the time limits established below. <br /> 2. Protest of Contents of RFP. The protest of any provision of the <br /> Request for Proposals (including any evaluation criteria, term, <br /> requirement, deadline, or condition) must be filed with the City Clerk no <br /> later than April 27, 2012. If the protest decision results in a change to <br /> the RFP, an addendum will be issued identifying the new or revised <br /> RFP provisions. <br /> City of Everett Page 34 April 16, 2012 <br /> Water Pollution Control Facility Expansion-Phase 037 <br />