Resort Municipality of Whistler Request for Proposal for Project ...

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Resort Municipality of Whistler and Partnerships BC RFP Project Manager April 27, 2005 • modify, cancel or suspend the Selection Process, or any or all stages of the Selection Process at any time for any reason; • accept or reject any Proposal based on the Evaluation Criteria as determined in the sole and absolute discretion of the RMOW; • not accept any Proposal; and • reject or disqualify all or any Proposal without any obligation, compensation or reimbursement to any person. 9.10 Limitation of Damage Each Project Team Proponent, by submitting a Proposal, agrees that: • in the event any or all Proposals are rejected or disqualified, or the Project or Selection Process is modified, suspended or cancelled for any reason, neither the Province, nor its employees, advisors or representatives, will be liable under any circumstances, for any claim, or to reimburse or compensate any person in any manner whatsoever, including but not limited to costs of preparation of the Proposal, loss of anticipated profits, loss of opportunity, or for any other matter; and • the Project Team Proponent waives any claim for loss of profits or loss of opportunity if the Project Team Proponent is rejected or disqualified or is not successful in the Selection Process. 9.11 Freedom of Information and Protection of Privacy Act All documents and other records in the custody of, or under the control of, the RMOW and PBC are subject to the Freedom of Information and Protection of Privacy Act and other applicable legislation. Except as expressly stated in this RFP, and subject to this Act or other applicable legislation, all documents and other records submitted in response to this RFP will be considered confidential. 9.12 Disqualification Proposals may be disqualified at the sole and absolute discretion of the RMOW and PBC if: • the Project Team Proponent makes contact with any Person who the Proponent is prohibited by the RFP from contacting; • they do not comply with the requirements of this RFP unless they can be remedied or clarified; or • they include a false or misleading statement or claim. 9.13 Insurance and WCB Coverage At all times (where available) during this assignment, the consultant must maintain public liability and property damage insurance with an insurer satisfactory to the municipality in accordance with the following terms: • Comprehensive General Liability Insurance in the amount of not less than $2,000,000 inclusive per occurrence for bodily injury or property damage; • Automobile, public liability and property damage in the amount of not less than $5,000,000 per occurrence per owned, non-owned or hired vehicle; • The Resort Municipality of Whistler shall be named as a Third Party insured; FINAL Page 18
Resort Municipality of Whistler and Partnerships BC RFP Project Manager April 27, 2005 • The consultant must provide to the municipality, if requested, a certificate of insurance or other evidence which satisfies the municipality that the required insurance has been acquired and is in force; • The consultant is responsible for any deductible amounts under the policies, and the cost of all insurance required by this contract shall be included in the consultant's fees; • The consultant will obtain and ensure that all professional sub-consultants have obtained, where available, professional liability (errors and omissions) insurance in an amount not less than $1,000,000 per claim with limit in the aggregate for all claims; • Supply proof that all members of the team are covered by, and in good standing with, the Workers' Compensation Board. FINAL Page 19
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