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Architectural Design Services and Construction Support for the Expansion of the Elk River <br />Public Safety Building and Fire Station No. 3 Design/Construction <br />Evaluation Criteria <br />The Respondent selected for an award will not necessarily be the lowest bidder. Rather, the <br />selection will be based upon the proposal that is responsive, responsible, and the most <br />advantageous to the city, as determined by the city in its sole discretion. The city intends to award a <br />contract, subject to the terms of this RFP, to the best overall valued firm. Firms will be prioritized <br />based on past experience and performance, current performance capability, fees, and other criteria <br />as outlined in this document. The city anticipates that all firms will have a fair and reasonable <br />opportunity to provide service. <br />The city reserves the right to add/delete/modify criteria or times, via an addendum, if it is in the <br />city's best interest, as determined by the city in its sole discretion. <br />Award Criteria <br />Issuance of this RFP does not compel the city to award a contract. The city reserves the right to reject <br />any or all proposals wholly or in part and to waive any technicalities, informalities, or irregularities in <br />any proposal at its sole option and discretion. The city reserves the right to request clarification or <br />additional information. The city reserves the right to award a contract, to resolicit proposals, or to <br />temporarily or permanently abandon the procurement. <br />Ownership of Proposal <br />All materials submitted in response to this RFP ultimately become public record and shall be subject <br />to inspection after the contract award. Unrestricted disclosure of proprietary information places it in <br />the public domain. Only submittal information clearly identified with the words "Confidential <br />Disclosure" and placed in a separate envelope marked as such shall be considered to qualify as Trade <br />Secret Data under the Minnesota Government Data Practices Act (MGDPA). Any material to be <br />treated as Trade Secret Data must include a justification for the request. The request will be reviewed <br />and either approved or denied by the City. If denied, the Company shall have the opportunity to <br />withdraw the entire Proposal or to remove the confidential or proprietary restrictions. Neither cost <br />nor pricing information nor the total Proposal shall be considered confidential or proprietary. Any <br />costs to preserve the Trade Secret data designation under the MGDPA shall be the responsibility of <br />the Company. <br />Release of Claims, Liability, and Preparation Expenses <br />Under no circumstances shall the city be responsible for any proposal preparation expenses, submission <br />costs, or any other expenses, costs, or damages of whatever nature incurred as the result of a <br />respondent's participation in this RFP process. The respondent understands and agrees that it submits <br />its proposal at its own risk and expense, and releases the city from any claim for damages or other <br />liability arising out of the RFP and award process. <br />Errors in Proposals <br />The city shall not be liable for any errors in the respondent's proposal. No modifications to the <br />proposal shall be accepted from the respondent after the submittal date and time. The respondent is <br />responsible for careful review of its entire proposal to ensure that all information is correct and <br />complete. Respondents are responsible for all errors or omissions contained in their proposals. <br />