File: 5260-20 & 5400-01 Village of Cumberland REQUEST FOR PROPOSAL CUMBERLAND ROAD AND BEVAN ROAD GEOTECHNICAL INVESTIGATION Issue Date: AUGUST 22, 2013 Closing Location: Village of Cumberland Box 340, 2673 Dunsmuir Avenue Cumberland, BC V0R 1S0 Closing Date and Time: One (1) bound original, One (1) unbound copy and One (1) digital copy of the Proposal must be submitted in a SEALED envelope CLEARLY MARKED "REQUEST FOR PROPOSALS CUMBERLAND ROAD AND BEVAN ROAD GEOTECHNICAL INVESTIGATION Proposal must be received at the closing location no later than: 2:00 PM (Pacific Standard Time) on SEPTEMBER 13 th, 2013 Contact person: Rob Crisfield Manager of Operations Village of Cumberland PH: 250-336-2291 FX: 250-336-2321 Email: rcrisfield@cumberland.ca
Table of Contents PART 1 - EXECUTIVE SUMMARY...... 1 1.0 Summary of the Requirements...... 1 1.1 Owner Supplied Information...... 1 PART 2 - INVITATION & INSTRUCTIONS TO PROPONENTS...... 1 2.0 Definitions... 1 2.1 Proposal Closing, Date, Time and Location...... 2 2.2 Site Examination...... 2 2.3 Proposal Submissions...... 2 2.4 Enquiries and Clarifications...... 2 2.5 Modification of Terms / Addenda... 3 2.6 Ownership of Proposals and Freedom of Information...... 3 2.7 VOC's Right to Accept or Reject Proposal...... 3 2.8 Claim for Compensation...... 4 2.9 Conflict of Interest...... 4 2.10 Anti-Collusion, Fraud & Corruption...... 4 2.11 Confidentiality...... 4 2.12 Irrevocability and Acceptance of Proposal...... 4 2.13 Irregularities and Informalities...... 5 2.14 Discrepancies or Omissions...... 5 2.15 Liability for Errors...... 5 2.16 Basis of Contract Award...... 5 2.17 Definition of Contract...... 6 2.18 Form of Contract...... 6 2.19 Changes to Proposal...... 6 2.20 Working Language of the Municipality...... 6 2.21 Currency and Taxes...... 6 2.22 Completeness of Proposal...... 7 2.23 Use of Request for Proposal...... 7 2.24 Use of VOC Logo...... 7 2.25 Sub-Consultants.........7 PART 3 - EVALUATION OF PROPOSALS...... 8 3.0 Eligibility... 8 3.1 Evaluation Committee...... 8 3.2 Evaluation and Selection...... 8 3.3 Negotiation...... 8 3.4 Debriefing...... 8 3.5 To Meet Mandatory Criteria... 8 3.6 To Meet Desirable Criteria...... 8 3.7 Proposal Format...... 9 Appendix A - Proposal Covering Letter Appendix B - Selected Contract Clause Schedule A Corridor Map
Page 1 PART 1 - EXECUTIVE SUMMARY The Village of Cumberland is seeking Proposals for Geotechnical Engineering Services for an approximate 1000 meter section of Cumberland Road and an approximate 2000 meter section of Bevan Road. See the attached map for location details. The geotechnical work to include sub surface borehole testing and an analysis of these bore holes to develop strategies and recommendations for the design of these sections of road in 2014 and future reconstruction. Recently the Village of Cumberland entered into a Host Community Agreement with the Comox Valley Regional District (CVRD) to support the ongoing operation of the Comox Solid Waste Management Facility. As part of the agreement the Village of Cumberland will upgrade the roadway corridor within the municipality leading to the solid waste facility off of Bevan Road at Pigeon Lake Road. Sections of this corridor are showing signs of structural failure and deterioration. In order to improve this corridor and accommodate traffic using this route to access the solid waste facility, the Village of Cumberland requires a geotechnical analysis and report to be used for the design and ultimate reconstruction in subsequent years. 1.0 Summary of the Requirements a) Consultant shall provide a complete surface and sub-surface geotechnical investigation including but not limited to borehole drilling, soil sampling and testing for both Cumberland Road between Union Road and Bevan Road, and Bevan Road between Cumberland Road and Pigeon Lake Road. Results of the investigation shall be summarized in a report that includes current road base structure and recommendations on subsurface/road base and sub-base upgrades and drainage improvements. The information contained in this report will support the design of both roads in 2014 and construction starting in 2015. b) Standard frequency of bore hole drilling should be practiced (typically 50 meter spacing) except where in the opinion of the consultant there is a need to capture additional subsurface data in sections of road due to obvious signs of road failure, or where the frequency of testing can be lengthened based on a visual observation of minimal road failure. c) The Consultant will be responsible for conducting all field tests and any other investigations required to complete the project. 1.1 Owner Supplied Information a) Ortho photo imagery and cadastral base mapping PART 2 - INVITATION & INSTRUCTIONS TO PROPONENTS Note: The definitions set out herein apply throughout the document except when expressly stipulated or the context otherwise clearly indicates. 2.0 Definitions a) "Contract" means the written agreement resulting from this Request for Proposal executed by the VOC and the Consultant; b) "Consultant" means the successful Proponent to this Request for Proposal who enters into a written Contract with the VOC; c) "Must" or "mandatory" means a requirement that must be met in order for a proposal to receive consideration;
Page 2 d) "Proponent" means an individual or a company that submits, or intents to submit, a proposal in response to this Request for Proposal; e) "Village of Cumberland" means the Village of Cumberland (VOC) a corporation under the Community Charter having its offices and postal address at Box 340, 2673 Dunsmuir Avenue, Cumberland, BC V0R 1S0; f) "Should" or "desirable" means a requirement having a significant degree of importance to the objectives of the Request for Proposal; 2.1 Proposal Closing, Date, Time and Location Proposals must be received no later than 2:00 PM, (Local Time, PST), on Friday September 13 th, 2013 at the closing location indicated on the cover page. Late proposals will NOT be accepted and will be returned, unopened, to the Proponent. Faxed submissions or emailed (electronic) submissions will NOT be accepted. The VOC reserves the right in its sole discretion to extend the Closing Time and/or Closing Date without notice to Respondents. The VOC will endeavour to notify Proponents as soon as practically possible in the event of any extension to the Closing Time and/or Closing Date. 2.2 Site Examination Proponent should examine the Site and surroundings and, before submitting a Proposal shall satisfy itself as to the nature of the Site, the quantities and nature of the Work and equipment necessary for the completion of the Work, the means of access to the Site, the accommodation they may require, and in general, shall obtain all relevant information as to risks, contingencies and other circumstances which may influence their Proposal. Proponent must satisfy itself as to the practicability of executing the Work in accordance with the Contract, and shall be held to have satisfied itself before making up a Proposal. 2.3 Proposal Submissions One (1) bound original, One (1) unbound copy and One (1) digital copy of the Proposal must be submitted in a SEALED envelope clearly marked with the Proponent's name and address AND clearly marked "CUMBERLAND ROAD AND BEVAN ROAD GEOTECHNICAL INVESTIGATION". Proposal must be completed and signed by a person authorized to sign on behalf of the Proponent and authorized to bind the Proponent to any statements made in response to this Request for Proposal. Proposal should include a letter or statement(s) substantially similar in content to the sample Proposal Covering Letter (see Appendix B). The Proposal must include an itemized work breakdown and budget. Proposal must include a synopsis of all relevant experience. A list of references must also be included with the Proposal. Faxed submissions or emailed (electronic) submissions will NOT be accepted. 2.4 Enquiries and Clarifications All enquiries related to this Request for Proposal must be directed, in writing, to: Rob Crisfield
Page 3 Manager of Operations Village of Cumberland Box 340, 2673 Dunsmuir Avenue Cumberland, BC V0R 1S0 Fax: (250) 336-2291 Email: rcrisfield@cumberland.ca Enquiries will be accepted until 2:00 pm Wednesday, September 11 th, 2013. Information obtained from any other source is not official and should not be relied upon. Enquiries and responses will be recorded and may be distributed to all Proponents at the VOC's option. 2.5 Modification of Terms In Addenda The VOC reserves the right to modify the terms of this Request for Proposal at any time before the Closing Date and Time in its sole discretion. This includes the right to cancel this Request for Proposal at any time prior to entering into a Contract with the successful Proponent. Written Addenda are the only means of amending or clarifying any of the information contained in the information package. The VOC may amend or clarify the information package by issuing an Addendum. No employee or agent of the VOC is authorized to amend or clarify the content of the information package or any Addenda except by issuing an Addendum. The VOC makes no guarantee as to the timely delivery of any Addendum. Addenda issued prior to closing of this Invitation to Proposal shall become a part of the Proposal Documents. 2.6 Ownership of Proposals and Freedom of Information All responses to this Request for Proposal become the property of the VOC. By submitting a Proposal the Proponent agrees the VOC has the right to copy the Proposal Documents. Proposals will be held in confidence by the VOC, subject to the provisions of the Freedom of Information and Protection of Privacy Act and any requirement for disclosure of all or a part of a Proposal under that Act. The requirement for confidentiality shall not apply to any Proposal that is incorporated into a Contract for the Work. Further, the VOC may disclose all or part of any Proposal to the VOC Council at a public meeting of the Council, when making a recommendation for the award of the Contract. 2.7 VOC's Right to Accept or Reject Proposal If there is only one compliant Proposal received by the Closing Date, the VOC reserves the right to accept the Proposal or cancel the Proposal process with no further consideration for the sole Proposal. This includes the right to cancel this Request for Proposal at any time prior to entering into a Contract with the Contractor. The VOC reserves the right to cancel at any time before award of the Contract without being obliged to any Proponent not just where there is only one compliant Proposal. Proposals that contain qualifying conditions or otherwise fail to conform to these Instructions to Proponents may be disqualified or rejected. The VOC, however, may at its sole discretion reject or retain for consideration Proposals which are non-conforming because they do not contain the content or form required by these Instructions to Proponents or because they have not complied with the process for submission set out herein. This Request for Proposal should not be construed as an agreement to purchase goods or services. The VOC is not bound to enter into a Contract with the Proponent who submits the lowest priced proposal or with any Proponent. Proposals will be assessed in light of the evaluation criteria. The VOC will be under no obligation to receive further information, whether written or oral, from a Proponent. Neither acceptance of a proposal nor execution of a Contract will constitute approval of any activity or development contemplated in any proposal that requires any approval, permit or licence pursuant to any federal, provincial, regional district or municipal statute, regulation or bylaw.
Page 4 The lowest or any proposal will not necessarily be accepted. The VOC reserves the right to waive minor defects in any proposal and to reject any or all proposals, and to accept the proposal deemed most favourable in the interest of the VOC, having regard to price, operational criteria, technical criteria and local economic impact. 2.8 Claim for Compensation Except as expressly and specifically permitted in these Terms of Reference, no Proponent shall have any claim for any compensation of any kind whatsoever, as a result of participating in the Request for Proposal, and by submitting a Proposal each Proponent shall be deemed to have agreed that it has no claim. 2.9 Conflict of Interest By submitting a Proposal, the Proponent warrants that neither it nor any of its officers or directors, or any employee with authority to bind the Proponent has any financial or personal relationship or affiliation with any elected official or employee of the VOC or their immediate families which might in any way be seen (in the VOC's sole and unfettered discretion) to create a conflict. 2.10 Anti-Collusion, Fraud & Corruption The Proponent shall not communicate to any person prior to the opening of Proposals (other than to the VOC through the delivery of a Proposal in the prescribed manner) the amount of any Proposal, or at any time adjust the amount of any Proposal by arrangement with any other persons, make any arrangement with any other person about whether or not he or that other person should or should not submit a Proposal or otherwise collude with any other person in any manner whatsoever in the Proposal process. Any breach of this provision or non-compliance on the part of a Proponent shall, without affecting the Proponent's liability for such breach or non-compliance, result in the Proposal's disqualification. 2.11 Confidentiality Confidential information about the VOC obtained by Proponents must not be disclosed unless authorized to do so, in writing, by the VOC. The Proponent agrees that his obligation of confidentiality will survive the termination of any Contract awarded under this Proposal process. 2.12 Irrevocability and Acceptance of Proposal After the Closing Date and Time, all Proposals are irrevocable. By submission of a Proposal, the Proponent agrees that should its Proposal be successful the Proponent will enter into a Contract with the VOC for the Work on the terms and conditions set out in the Proposal. Each Proposal will be irrevocable and open for acceptance by the VOC for a period of ninety (90) calendar days from the day following the Proposal Closing Date and Time, even if the Proposal of another Proponent is accepted by the VOC. By submission of a clear and detailed written notice the Proponent may amend or withdraw its Proposal PRIOR to the closing date and time. Notice in writing must be submitted to: Rob Crisfield Manager of Operations Village of Cumberland Box 340, 2673 Dunsmuir Avenue Cumberland, BC V0R 1S0 Fax: (250) 336-2291 Email: rcrisfield@cumberland.ca
Page 5 2.13 Irregularities and Informalities The VOC reserves the right, at its sole discretion to waive minor irregularities and informalities in any Proposal and to seek clarification or additional information on any area of any Proposal when it is in the best interest of the VOC to do so. 2.14 Discrepancies or Omissions Proponents finding discrepancies or omissions in the specifications or other documents or having any doubts on the meaning or intent of any part thereof should immediately request, in writing, clarification from Mr. Rob Crisfield, rcrisfield@cumberland.ca or 250-336-2291, who will send written instructions or explanations to all parties having a set of the Proposal Documents. Any work on a Proposal done by the Proponent after the discovery of discrepancies, errors or omissions, which the Proponent fails to seek clarification about, shall be done at the Proponent's risk. 2.15 Liability for Errors While the VOC has used considerable efforts to ensure an accurate representation of information in this Request for Proposal, the information contained in this Request for Proposal is supplied solely as a guideline for Proponents. The information is not guaranteed or warranted to be accurate by the VOC, nor is it necessarily comprehensive or exhaustive. Nothing in this Request for Proposal is intended to relieve the Proponents from forming their own opinions and conclusions with respect to the matters addressed in this Request for Proposal. 2.16 Basis of Contract Award Proponents are hereby notified that the VOC intends to review and enter into a Contract for the Work based not only on the Proposal price, but the Proponent's experience and qualifications considered essential by the VOC to provide a service for the Work being requested. Proposals will be evaluated based on the following criteria: 1. the qualifications and experience necessary for the satisfactory performance of the assignment; 2. the capacity of the Proponent to accomplish the Work promptly; 3. the performance of the Proponent on similar projects, record of compliance with all statutes, regulations, and bylaws affecting the Proponent's previous work; 4. a positive reference referral from previous work experience; 5. lowest price to the VOC of having the work carried out in accordance with the Request for Proposal documents. The VOC, when entering into a contract, will take all of the above prerequisites and the proposal price into consideration. The VOC reserves the right to enter into a contract based on the above prerequisites and to reject, without further consideration, any proposal that, in its opinion does not meet the criteria it considers essential for this project. Proponents shall be competent and capable of performing the Work. Proponents may be required to provide further evidence of previous experience and financial responsibility. A reference check on past experience may be performed. The evaluation process will be conducted solely at the discretion of the VOC. The VOC may decide to utilize other criteria in the review of Proposals other than those set forth above; in particular, the price to carry out the Work will not be the only or primary criterion that will be utilized by the VOC. The VOC reserves the right to make inquiries regarding any or all Proposals and to verify all information submitted by Proponents. The VOC reserves the right, at its discretion, to negotiate with any Proponent that the VOC believes has the most advantageous Proposal or with any other Proponent or Proponents concurrently. In no event will the VOC be required to offer any modified terms to any other Proponent prior to entering into a Contract with the successful Proponent, and the VOC shall incur no liability to any other Proponent as a result of such negotiations or modifications. Proponents are advised that, after receipt of Proposals and prior to award of Contract, Proponents may be required to provide the VOC with additional information concerning the Proponent or his Proposal including, but not limited to, a further breakdown of relevant components of the proposed prices.
Page 6 The VOC reserves the right to reject any Proposals of a company that is, or whose principals are, at the time of submitting a Proposal, engaged in a lawsuit against the VOC in relation to work similar to that being proposed. The VOC reserves the right to reject any Proposals of a company that owes, or whose principals owe, monies to the VOC at the time of submitting a Proposal. 2.17 Definition of Contract This Request for Proposal should not be construed as an Agreement or Contract to purchase goods or services. The VOC is not bound to enter into a Contract with the Proponent who submits the lowest priced Proposal or with any Proponent. The VOC will be under no obligation to receive further information, whether written or oral, from a Proponent after the Proposal Closing Date and Time. Neither the acceptance of a Proposal nor the execution of a Contract will constitute approval of any activity or development contemplated in any Proposal that requires any approval, permit or license pursuant to any federal, provincial, regional district or municipal statute, regulation or bylaw. Notice in writing to a Proponent that it has been identified as the Contractor and the subsequent full execution of a written Agreement will constitute a Contract for the performance of the Work and no Proponent will acquire any legal or equitable rights or privileges relative to the Work until the occurrence of both such events. 2.18 Form of Contract By submission of a Proposal, the Proponent agrees that, should it be identified as the successful Proponent, it is willing to enter into a Contract with the VOC within fifteen (15) days of the date of the Notice of Award. The contract format may be a standard MMCD consultant agreement. The proponent further agrees that it is willing provide to the VOC the necessary Insurance Policies and WorkSafe BC Clearance Letter within fifteen (15) days of the date of the Notice of Award. 2.19 Changes to Proposal By submission of a clear and detailed written notice, the Proponent may amend or withdraw its proposal prior to the closing date and time. Amendments to the proposal or a notice from the Proponent to withdraw its proposal will NOT be accepted by the VOC after closing and no words or comments will be added to the proposal unless requested by the VOC for purposes of clarification. The VOC reserves the right to conduct post-selection meetings in order to correct, change, or adapt proposals to the wishes of the VOC. The VOC also reserves the right not to accept any of the proposals. 2.20 Working Language of the Village The working language of the VOC is English and all responses to this Request for Proposal must be in English. 2.21 Currency and Taxes Prices quoted are to be: a) in Canadian dollars; b) inclusive of duty, where applicable; c) FOB destination, delivery charges included where applicable; and d) Inclusive of GST.
Page 7 2.22 Completeness of Proposal By submission of a Proposal the Proponent warrants that, if this Request for Proposal is to design, create or provide a system to manage a program, all components required to run the system or manage the program have been identified in the Proposal or will be provided by the Consultant at no charge. 2.23 Use of Request for Proposal This document, or any portion thereof, may not be used for any purpose other than the submission of Proposals. 2.24 Use of VOC Logo Proponents acknowledge the proprietary interest of the VOC in all names, trademarks, crests, or logos owned by the VOC and shall not use the VOC's name, trademark, crest or logo without the written consent of the VOC. 2.25 Sub-Consultants Using a sub-consultant (who should be clearly identified in the proposal) is acceptable. This includes a joint submission by two Proponents having no formal corporate links. However, in this case, one of these Proponents must be prepared to take overall responsibility for successful performance of the contract and this should be clearly defined in the proposal. Sub-contracting to any firm or individual whose current or past corporate or other interests may, in the VOC's opinion, give rise to a conflict of interest in connection with the project will not be permitted. This includes, but is not limited to, any firm or individual involved in the preparation of this Request for Proposal. Where applicable, the names of approved sub-consultants listed in the proposal will be included in the Contract. No additional sub-consultants will be added nor other changes made, to this list in the Contract without the written consent of the VOC.
Page 8 Part 3 - Evaluation of Proposals Evaluation of Proposals will be conducted in the following manner. The VOC reserves the right to not accept any or to accept only some of the Proposals submitted and will evaluate Proposal submissions based on "best value" including but not limited to the following particulars: 3.0 Eligibility Proposals from not-for-profit agencies will be evaluated against the same criteria as those received from any other Proponents. 3.1 Evaluation Committee Evaluation of Proposals will be by a Committee formed by the VOC. 3.2 Evaluation and Selection The evaluation committee will check Proposals against the mandatory criteria. Proposals not meeting all mandatory criteria may be rejected without further consideration. The VOC's intent is to enter into a Contract with the Proponent who has the highest overall ranking. 3.3 Negotiation If a written Contract cannot be negotiated within thirty (30) days of notification of the successful Proponent, the VOC may, at its sole discretion at any time thereafter, terminate negotiations with that Proponent and either negotiate a Contract with the next qualified Proponent or choose to terminate the Request for Proposal process and not enter into a Contract with any of the Proponents. 3.4 Debriefing At the conclusion of the Request for Proposal process, all Proponents will be notified. 3.5 To Meet Mandatory Criteria a) Proposals must be received at the closing location by the specified closing date and time. b) Proposals must be in English c) Proposals must NOT be sent by facsimile or email. d) Copies of the Proposal, including alternate Proposals must be submitted in accordance with Section 2.3. e) Proposals must be signed by a person authorized to sign on behalf of the Proponent as per Section 2.3. 3.6 Desirable Criteria To meet Desirable Criteria, Proposals should include the following information: A) The Firm i) Firm Experience / Past Performance. ii) Project Team - The qualifications and experience of the personnel the Consultant intends to use on the Request for Proposal, as well as the proposed amount of staffing.
iii) Page 9 Resources The qualifications and experience of the Consultant s reserve personnel backing up the Project Team and the quality and quantity of resources available to the firm such as technical aids, computer hardware and software, etc. B) The Proposal i) Presentation - The format and readability of the Proposal. It should clearly convey the Consultant's intent in a clear and concise manner. ii) iii) iv) Methodology / Task Evaluation - The Consultant's approach to the services required as set out in the terms of reference. Consideration is given to whether the Consultant has effectively addressed each aspect of the Request for Proposal, thoroughly understood the requirements of the Request for Proposal, chosen a suitable approach, and identified problem areas. Flexibility - VOC staff will be able to assist with certain aspects of the work. A clear method to adjust costs to the VOC in acknowledgement of this scope reduction project assistance is necessary. For instance construction site progress monitoring and regulatory compliance correspondence may be possible to some extent with VOC staff. Scheduling / Work Plan - The completeness of the task items and rationale of the work plan which shows a clear indication of the anticipated work schedule along with any other supporting documents pertinent to the project. This includes demonstration of schedule requirements from identified priority items. v) Price - Proposal should identify expected costs (including travel). GST should be shown as a separate line item. 3.7 Proposal Format The following format and sequent should be followed in order to provide consistency in Proponent response and ensure each Proposal receives full consideration. All pages should be consecutively numbered. a) Proposal covering letter. Please use sample provided in Appendix B; b) Table of Contents including page numbers; c) A short (one or two page) summary of the key features of the Proposal; d) A summary of all key personnel involved in the project; e) Experience of the firm including past similar work with the following details a. Client b. Date c. Budget d. Final Cost f) The body of the Proposal, including pricing (i.e. the Proponent Response).
Appendix A Proposal Covering Letter Letterhead or Proponent's name and address Date Manager of Operations Village of Cumberland Box 340, 2673 Dunsmuir Avenue Cumberland, BC V0R 1S0 Attention: Rob Crisfield Subject: REQUEST FOR PROPOSAL CUMBERLAND ROAD AND BEVAN ROAD GEOTECHNICAL INVESTIGATION Request for Proposal number List any amendment number(s) and date(s) The enclosed Proposal is submitted in response to the above-referenced Request for Proposal. Through submission of this Proposal we agree to all of the terms and conditions of the Request for Proposal. We have carefully read and examined the Request for Proposal and have conducted such other investigations as were prudent and reasonable in preparing the Proposal. We agree to be bound by statements and representations made in this Proposal and to any agreement resulting from the Proposal. Yours truly, signature Name: Title: Proponent's Legal Name: Date:
Appendix B Selected Contract Clauses By submission of a Proposal, the Proponent agrees that, should it be identified as the successful Proponent, it is willing to enter into a Contract with the VOC that may include, but not be limited to, at the VOC's discretion, the following clauses: Registration with Worker's Compensation Board The Contract may contain a provision that the Consultant, and any approved sub-consultants, must be registered with the Worker's Compensation Board (WCB), in which case WCB coverage must be maintained for the duration of the Contract. Prior to receiving any payment, the Consultant may be required to submit a WCB Clearance Letter indicating that all WCB assessments have been paid. Compliance with Laws The Consultant will give all notices and obtain all the licenses and permits required to perform the work. The Consultant will comply with all laws applicable to the work or performance of the Contract. Laws of British Columbia Any Contract resulting from this Request for Proposal will be governed by and will be construed and interpreted in accordance with the laws of the Province of British Columbia. Arbitration All disputes arising out of or in connection with the Contract will, unless the parties otherwise agree, be referred to and finally resolved by arbitration pursuant to the Commercial Arbitration Act. Indemnity Any Contract resulting from this Request for Proposal will require that the Consultant indemnify and save harmless the VOC, its employees and agents from and against all claims, demands, losses, damages, costs and expenses made against or incurred, suffered or sustained by the VOC at any time or times (either before or after the expiration or sooner termination of this Contract) where the same or any of them are based upon or arise out of or from anything done or omitted to be done by the Consultant or by any servant, employee, officer, director or sub-consultant of the Consultant pursuant to the Contract excepting always liability arising out of the independent acts of the VOC. Insurance Any Contract resulting from this Request for Proposal may require that the Consultant, without limiting its obligations or liabilities and at its own expense, provide and maintain throughout the Contract term, the following insurances with insurers licensed in the Province of British Columbia in forms acceptable to the VOC. All required insurance will be endorsed to provide the VOC with 30 days' advance written notice of cancellation or material change. The Consultant will provide the VOC with evidence of the required insurance, in the form acceptable to the VOC, immediately following execution and delivery of the Contract. Comprehensive General Liability in an amount not less than $2,000,000 inclusive per occurrence insuring against bodily injury and property damage and including liability assumed under the Contract. The VOC is to be added as an additional insured and the policy shall contain a cross liability clause. Professional Liability in an amount not less than $2,000,000 insuring the Consultant's liability resulting from errors and omissions in the performance of professional services under the Contract. Automobile Liability on all vehicles owned, operated or licenced in the name of the Consultant in an amount not less than $2,000,000.
Payment Holdback The Contract may contain a provision whereby the VOC will hold back a portion of the total Contract price until the requirements of the Contract have been met. Software It is the Consultant's responsibility to ensure that the VOC has all licenses required to use any software that may be supplied by the Consultant pursuant to the Contract.
Schedule A Corridor Map Page 13