REQUEST FOR PROPOSAL No. 1870

2017 Nanaimo Transportation Surveys

ISSUED: January 19, 2017

CLOSING LOCATION:

Purchasing Department 2020 Labieux Road

Nanaimo, BC V9T 6J9

CLOSING DATE AND TIME:

Proposals must be received at the Purchasing Department prior to: 3:00 PM (15:00 hrs) Pacific Time on February 6, 2017

CITY CONTACT:

Purchasing Agent Email: purchasinginfo@nanaimo.ca

Telephone: 250-756-5319

Proposals will not be opened publicly

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Table of Contents ........................................................... Error! Bookmark not defined. 1 INTRODUCTION ................................................................................................... 4

1.1 Purpose .............................................................................................................. 4

1.2 Definitions .......................................................................................................... 4

2 INSTRUCTIONS TO PROPONENTS .................................................................... 5

2.1 Closing Date/Time/Location/Submission Formats .............................................. 5

2.2 Signature ............................................................................................................ 6

2.3 Communications and Enquiries .......................................................................... 6

2.4 Deadline Extension ............................................................................................ 6

2.5 Amendment to Proposals ................................................................................... 6

2.6 Addenda ............................................................................................................. 6

2.7 Examination of Contract Documents and Site .................................................... 7

2.8 Unsuccessful Proponents .................................................................................. 7

2.9 Error in Proposal ................................................................................................ 7

2.10 Withdrawal of Proposals ................................................................................. 7

2.11 Ownership of Proposals .................................................................................. 7

2.12 Opening of Proposals ..................................................................................... 7

3 PROPOSAL SUBMISSION FORM AND CONTENTS ........................................... 8

3.1 Package ............................................................................................................. 8

3.2 Form of Proposal ................................................................................................ 8

4 EVALUATION AND SELECTION .......................................................................... 9

4.1 Evaluation Team ................................................................................................ 9

4.2 Clarification, Additional Information and Interviews .......................................... 10

4.3 Evaluation Criteria ............................................................................................ 10

4.4 Negotiation ....................................................................................................... 10

5 GENERAL TERMS AND CONDITIONS .............................................................. 11

5.1 Right of the City to Cancel the RFP Process.................................................... 11

5.2 Acceptance and Rejection of Proposals ........................................................... 11

5.3 No Claim for Compensation ............................................................................. 12

5.4 No Contract ...................................................................................................... 12

5.5 Conflict of Interest ............................................................................................ 12

5.6 Gifts and Donations .......................................................................................... 12

5.7 Business Licence ............................................................................................. 12

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5.8 Solicitation of Council Members and City Staff................................................. 12

5.9 Confidentiality and Freedom of Information ..................................................... 13

5.10 Consulting Services Agreement .................................................................... 13

5.11 Sub-Consulting ............................................................................................. 13

5.12 Insurance ...................................................................................................... 13

5.13 Safety ............................................................................................................ 14

5.14 Contractor is “Prime Contractor” ................................................................... 15

5.15 Time is of the Essence .................................................................................. 15

5.16 Governing Law .............................................................................................. 15

5.17 Local Preference ........................................................................................... 15

5.18 Minimum Rate of Pay .................................................................................... 15

5.19 Litigation Clause ........................................................................................... 16

Attachments: Schedule A – Terms of Reference Schedule B – Consulting Services Agreement Schedule C – Prime Contractor Agreement

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1 INTRODUCTION

1.1 Purpose

This Request for Proposal (RFP) is part of the procurement process for Nanaimo Transportation Surveys to select a Consulting Team to prepare and perform transportation screenlines and transit on and off surveys. For more detailed information regarding the project scope, refer to Schedule A ‘Terms of Reference’.

1.2 Definitions Throughout this Request for Proposal, the following definitions will be used: “Contract” means any written contract duly executed by the City and the Proponent as a result of an RFP who enters into a Contract with the City; “must”, “shall” or “mandatory” means a requirement that must be met in order for a Proposal to receive consideration; “City” means the City of Nanaimo located in the Province of British Columbia; “Evaluation Team” means a team appointed by the City; “Qualified Proponent” means a Proponent possessing the qualifications described in this RFP; “Proponent” means an individual, firm or a company that submits, or intends to submit, a proposal in response to this RFP; “Proposal” means a Qualified Proponents submission in response to this RFP statement of qualifications submitted in reply to this RFP; “RFP” means a Request for Proposal for provision of the services described herein; “should” or “desirable” means a requirement having a significant degree of importance to the objectives of this RFP.

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2 INSTRUCTIONS TO PROPONENTS

2.1 Closing Date/Time/Location/Submission Formats It is the sole responsibility of the Proponent to submit their Proposal to the Purchasing Department prior to the closing time of 3:00 PM (15:00 hrs), Pacific Time, Feb 6, 2017. Proposals received after the noted due time WILL NOT be considered. The wall clock in the Purchasing Department Office is the official time piece for the receipt of all Proposals. Proposals shall be clearly marked RFP 1870 - 2017 Nanaimo Transportation Surveys, and received by one of the following two methods: a. By hand/courier:

Sealed Proposals must be addressed to:

City of Nanaimo Purchasing Department 2020 Labieux Road Nanaimo, BC, V9T 6J9

And include:

a.i. One (1) original hard copy, four (4) paper copies (5 in total).

The original hard copy should be clearly marked “Original” and the copies should be clearly marked “Copy”.

a.ii. One (1) digital copy (CD/DVD/memory stick)

b. By Email:

At the only acceptable electronic address: purchasinginfo@nanaimo.ca Electronically submitted Proposals shall be deemed to be successfully received when it has been received by the Purchasing Department at the City of Nanaimo as a new email. The City of Nanaimo will not be liable for any delay for any reason including technological delays, spam filters, firewalls, job queue, file size limitations, etc. and late receive of Proposals will be cause for rejection of Proposal(s).

Please note: Maximum email file size limit is 8MB. It is the Proponent’s sole responsibility to ensure they allow themselves enough time to submit their Proposal prior to the posted closing date and time. Proposals received by facsimile WILL NOT be accepted.

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2.2 Signature The Proposal should include a cover letter signed by a person authorised to legally bind the Proponent to the statements made in the Response to this RFP.

2.3 Communications and Enquiries All enquiries regarding this RFP are to be directed in writing or by email, to the following person(s). Information obtained from any other source is not official and should not be relied upon. Enquires and responses will be recorded and may be distributed to all Proponents at the City of Nanaimo’s option. Purchasing Agent Email: purchasinginfo@nanaimo.ca Telephone: (250)756-5319 Fax: 250-756-5327

2.4 Deadline Extension Any request for an extension to the closing date will only be considered if received by the Purchasing Department no less than 5 business days before the established closing date.

2.5 Amendment to Proposals Proposals may be amended in writing and delivered to the closing location before the closing time but not after. Such amendments should be signed by the authorized signatory of the Proponent. Proposal amendments via Email will be permitted only when delivered to purchasinginfo@nanaimo.ca. The City of Nanaimo will not be liable for any delay for any reason including technological delays, spam filters, firewalls, job queue, file size limitations, etc.

2.6 Addenda The City reserves the right to respond to questions, make clarifications and changes, in its sole discretion, to this RFP at any time prior to the Closing Time through the issuance of addenda. Proponents are cautioned to ensure they have received and reviewed all addenda (if any) prior to submitting a Proposal. All addenda issued by the City form part of this RFP. Should the City issue any addenda to the RFP, the changes will only be posted on the BC Bids at (www.bcbid.gov.bc.ca) and on the City of Nanaimo site. No other notices will be issued.

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2.7 Examination of Contract Documents and Site Proponents will be deemed to have carefully examined the RFP, including all attachments, Schedules, the Contract and the Site (as applicable) prior to preparing and submitting a Proposal with respect to any and all facts which may influence the Proposal.

2.8 Unsuccessful Proponents The City will offer a debriefing to unsuccessful Proponents, on request, at a mutually agreeable time.

2.9 Error in Proposal No proposal shall be altered, amended, or withdrawn after the closing date and time of the RFP. Negligence on the part of the Proponent in preparing the Proposal confers no right for withdrawal of the Proposal after it has been opened. While the City has made considerable efforts to ensure an accurate representation of information in each respective RFP, the information contained in the RFP is supplied solely as a guideline for the Proponent and is not necessarily comprehensive or exhaustive. Nothing in a City RFP is intended to relieve the Proponent from forming their own opinions and conclusions in respect of the matters addressed in the RFP.

2.10 Withdrawal of Proposals The Proponent may withdraw their Proposal at any time prior to the Proposal Closing Time by submitting a written withdrawal letter to the City’s Purchasing Department and the Proposal will be returned.

2.11 Ownership of Proposals All Proposals, including attachments and any documentation, submitted to and accepted by the City in response to this RFP become the property of the City.

2.12 Opening of Proposals Proposals will NOT be opened in public.

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3 PROPOSAL SUBMISSION FORM AND CONTENTS

3.1 Package Proposals should be in a sealed package, marked on the outside with the Proponents name, title of the Project and reference number.

3.2 Form of Proposal To assist in receiving similar and relevant information, and to ensure your Proposal receives fair evaluation, the City asks that Proponents provide detailed information for the itemized list below, and follow the same format and numbering system. Proponents are asked to provide a reply to each point throughout the RFP and the Proponent must identify any specific provisions with which it is unwilling or unable to comply. A Proposal response submitted should be in enough detail to allow The City to determine the Proponent’s position from the documents received. Every effort should be made to include complete details of services your firm would provide. A cover letter is to be signed by an authorized person to legally bind the Proponent to the statements made in the Proposal response to this RFP.

i. Cover Page referencing project title and RFP number. ii. A Cover Letter that:

a. is signed by an authorized person to legally bind the Proponent to the statements made in the Response to this RFP.

b. provides a summary of the services to be provided. c. includes the name, telephone, fax and email address of the contact person

for the Proposal, the contact person should have the authority to answer questions regarding the Proposal.

d. includes the name and phone number of a contact person to be notified regarding contractual issues.

iii. Table of Contents. iv. The Proposal shall include:

a. Details of the Project Team, organizational structure, roles, responsibilities, qualifications, and credentials.

b. Evidence that the Proponent clearly understands the Project. c. Using the City’s scope of work as a starting point, provide a description of

proposed project methodology for each major survey component. d. A detailed Time Schedule with Key Milestones and Submissions. e. A Table indicating distribution of tasks/hours for each team member. f. Example projects where each team member has successfully undertaken a

similar role to that proposed with this project.

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g. A listing of corporate and team experience in transportation surveys and traffic data collection. Provide examples of similar projects. Provide references for similar work

h. A detailed description of the Quality Assurance processes and procedures that will be followed specifically with this project.

i. A list of the Quality Assurance documentation that will be provided to the City at each stage of the project.

j. Proponents should include a list of sub-consultants that the Proponent proposes to use and Proponents should provide the following information about their sub-consultants:

j.i. Describe how the Proponents operation is structured, with respect to sub-consultant(s).

j.ii. Describe the type of work that will be performed by the sub-consultant(s).

j.iii. Describe the qualifications and level of experience of the sub-consultant(s).

k. A fee structure and total upper limit cost of the project, including a breakdown of fees by task (main tasks and optional Tasks) using the same headings from the consultant’s proposed methodology. For the evaluation of proposals the total combined fee of both core and optional tasks will be considered regardless if the City proceeds with one or both optional tasks. The fee structure shall include as a minimum:

k.i. A statement that all fees are in Canadian funds. k.ii. Hourly charge out rates and man-hour requirements for all personnel

involved. k.iii. Sub-consultant fees. k.iv. Disbursements, meetings and all other costs to complete the work. k.v. Allowance for the Goods and Services Tax/Provincial Sales Tax.

k.vi. An explanation of the company’s billing procedures. k.vii. Optional items as identified in Schedule A

l. Details of the Deliverables and Reports that will be provided by the Proponent to complete the project.

Business Name - Proposals must be in the official name of the firm or individual under which business is conducted (showing official business address) and must be signed by a person duly authorized to legally bind the person, partnership, company or corporation submitting the proposal.

4 EVALUATION AND SELECTION

4.1 Evaluation Team

The selection committee, formed at the City’s sole discretion, will evaluate the Technical Proposals in accordance with the evaluation criteria.

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4.2 Clarification, Additional Information and Interviews The Evaluation Team may, at its discretion, request clarifications or additional information from a Proponent with respect to any Proposal, and the Evaluation Team may make such requests to only selected Proponents. The Evaluation Team may consider such clarifications or additional information in evaluating a Proposal.

The Evaluation Team may, at its discretion, invite one or all of the Proponents to appear before the Evaluation Team to provide clarifications to their Proposals. In such event, the Evaluation Team will be entitled to consider the answers received in evaluating the Proposals.

4.3 Evaluation Criteria

Desirable Criteria Point Value

Approach/Methodology/Project Understanding 15

Firm Track Record – Transportation Planning / Transportation Data Collection 15

Team Skill Set / Experience – Transportation Planning / Transportation Data Collection 10

Timeline / Schedule 10

Cost 30

Quality Assurance / Data Validation 10

Deliverables / Reporting 10

Total 100

4.4 Negotiation By submitting a Proposal, a Proponent accepts that a contract may be concluded upon notification by The City with the Proponent. The City reserves the right to negotiate. If the parties after having bargained in good faith are unable to conclude a contract, The City and the Proponent will be released without penalty or further obligations other than any surviving obligations regarding confidentiality and The City may, at its discretion, contact the Proponent of the next best rated Proposal and attempt to conclude a contract with it, and so on until a contract is concluded.

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5 GENERAL TERMS AND CONDITIONS

5.1 Right of the City to Cancel the RFP Process The City is not bound to select a preferred Proponent or accept any Proposal and reserves the right in its sole discretion to postpone or cancel this RFP at any time for any reason whatsoever in accordance with the City’s judgement of its best interest and to proceed with the Services in some other manner separate from this RFP process.

5.2 Acceptance and Rejection of Proposals This RFP does not commit the City, in any way to select the preferred Proponent, or to proceed to negotiations for a contract, or to award any contract. The City reserves the right to:

i. Accept a Proposal which is not the lowest priced; ii. Reject any and all Proposals, including without limitation the lowest priced

Proposal, even if the lowest priced Proposal conforms in all aspects with the RFP; iii. Reject any Proposal at any time prior to execution of an Agreement; iv. Assess the ability of the Proponent to perform the contract and may reject any

Proposal where, in the City’s sole estimation, the personnel and/or resources of the Proponent are insufficient;

v. Amend or revise the RFP by Addenda up to the specified closing date and time; vi. Reduce the Scope of Services required within the RFP and negotiate the price to

reflect such change after award of an Agreement; and vii. Award an Agreement to the Proponent other than the one with the most points,

if, in its sole determination, another Proposal is determined to be the Best Value to the City, taking into consideration the price and evaluation criteria of the RFP.

Under no circumstances shall the City be obligated to award an Agreement solely on the basis of proposed price. The City may accept or waive a minor and inconsequential irregularity, or where applicable to do so, the City may, as a condition of acceptance of the Proposal, request a Proponent to correct a minor or inconsequential irregularity with no change in the Proposal. The determination of what is or is not a minor or inconsequential irregularity, the determination of whether to accept, waive, or require correction of an irregularity and the final determination of the validity, will be the sole discretion of the City of Nanaimo.

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5.3 No Claim for Compensation Proponents are solely responsible for their own expenses in preparing and submitting Proposals, and for any meetings, negotiations, or discussions with the City or its representatives and consultants, relating to or arising from this RFP. The City and its representatives, agents, consultants and advisors will not be liable to any Proponent for any claims, whether for costs, expense, losses or damages, or loss of anticipated profits, or for any other matter whatsoever, incurred by the Proponent in preparing and submitting a Proposal, or participating in negotiations for a Contract, or other activity related to or arising out of this RFP. Proponents agree that by participating in the RFP process, and or submitting a Proposal, they have no claim for compensation.

5.4 No Contract By submitting a Proposal and participating in the process as outlined in this RFP, Proponents expressly agree that no contract of any kind, if formed under, or arises from this RFP, exists prior to the signing of a formal written Contract.

5.5 Conflict of Interest Proponents shall disclose in their Proposals any actual or potential Conflict of Interest and existing business relationships it may have with the City, its elected officials, appointed officials or employees.

5.6 Gifts and Donations The successful Proponent will ensure that no representative of the successful Proponent will offer or extend any entertainment, gift, gratuity, discount, or special service, regardless of value, to any employee of the City. The successful Proponent will report any attempt by any employee of The City to obtain such favours to the City of Nanaimo’s City Manager.

5.7 Business Licence The successful Proponent will be required to hold a valid City of Nanaimo business licence for the duration of the project. The Proponent will be required to produce a copy of the business licence on or before commencement of the project.

5.8 Solicitation of Council Members and City Staff Proponents and their agents will not contact any member of the City Council or City Staff with respect to this RFP, other than the City Representative named in this document or authorized by Purchasing, at any time.

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5.9 Confidentiality and Freedom of Information The City will retain all Proposals and they will not be returned to the Proponent except for any unopened Financial Proposals. All submissions will be held in confidence by the City. The City is bound by the Freedom of Information and Protection of Privacy Act (British Columbia) and all documents submitted to The City will be subject to provisions of this legislation. All of the information contained within the RFP, including supplementary information provided electronically, is for the exclusive use of the Consultant team for the RFP preparation purposes only and is not to be made publicly available in any manner. The Consultant team shall not discuss this project with any member of the public at any time, for any reason whatsoever, without the prior written approval of the City of Nanaimo.

5.10 Consulting Services Agreement A Consulting Services Agreement will be required between the City of Nanaimo and the successful proponent. See Schedule B for a copy of the Consulting Services Agreement. Proponents should clearly indicate in their Proposal any conditions in the Consulting Services Agreement that are not acceptable and provide proposed wording that would be acceptable.

5.11 Sub-Consulting Using a Sub-Consultant is acceptable provided the Sub-Consultant is clearly identified in the Proposal. 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-consulting to any firm or individual who’s current or past corporate or other interests may, in the City’s opinion; give rise to a conflict of interest in connection with this 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 or other changes made, to the list in the Contract without written consent of the City’s Engineering Projects Manager.

5.12 Insurance Except as may be otherwise expressly approved by the City in writing, the Proponent will, without limiting its obligations or liabilities herein and at its own expense, provide and maintain the following insurances with insurers licensed in British Columbia and in forms and amounts acceptable to the City:

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i. Professional Liability Insurance (Errors and Omissions) coverage of a minimum of $500,000 per occurrence, $1,000,000 aggregate.

ii. Comprehensive Liability Insurance with not less than $2,000,000 coverage per occurrence, together with a Standard Non-owned Automobile Liability. The City must be named as an additional insured on this policy and the policy shall contain a cross-liability clause.

iii. The successful consultant must also provide the City with a certificate issued by the insurer(s) as evidence of the coverage required on or before commencement of the project.

iv. Each policy of insurance required under this agreement shall be maintained during the continuance of this agreement and shall not be capable of cancellation unless 30 days’ notice is first given to the City.

v. The successful consultant must ensure that every sub-consultant provides and maintains insurance substantially in accordance with the requirements of this agreement. The successful consultant shall be as fully responsible to the City for acts and omissions of sub-consultants and of persons employed directly or indirectly by them as for acts and omissions of persons directly employed by the consultant.

The foregoing insurance shall be primary and not require the sharing of any loss by any insurer of the City. The successful Proponent shall provide the City with evidence of all required insurance prior to the commencement of the Services. When requested by the City, the Proponent shall provide certified copies of required policies.

5.13 Safety The successful Proponent shall:

i. Hold a valid WorkSafeBC registration number for the duration of the project. ii. Produce a copy of a Worksafe BC registration number on or before

commencement of the project. iii. Comply with Occupational Health and Safety Regulations. iv. In the event of a multiple employer workplace (i.e. Field work requiring survey,

geotechnical investigation, traffic control etc) be the designated prime contractor, complete the attached prime contractor form in Schedule C and fulfil the prime contractor’s responsibilities as defined in:

a. WorkSafeBC Occupational Health and Safety Regulation, Notice of Project,

Section 20.2, and Coordination of Multiple Employer Workplaces, Section 20.3;

b. Workers Compensation Act (RSBC 1996), Coordination at multiple-employer workplaces, Section 118, Subsections (1) & (2);

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c. General Requirements; Section 3.10 Worksafe BC.

5.14 Contractor is “Prime Contractor” The Contractor to the Contract (if awarded) will be designated and assumes the responsibility as the Prime Contractor per WorkSafe BC OH&S Regulations, Section 20.2 Notice of Project and 20.3 Coordination of Multiple-Employer Workplaces, Subsections (1) and (2). The Proponent should also understand the general duties of the Owner as defined in the Workers’ Compensation Act, Section 119 General Duties of Owner. The Proponent should have the necessary qualification and be willing to accept the responsibilities as Prime Contractor for this Contract. Prime Contractor information is included in Schedule C Prime Contractor Agreement.

5.15 Time is of the Essence Time is of the essence in the Contract, if awarded. The project timeline is structured so the project can be completed in 2017.

5.16 Governing Law This agreement shall be governed by the laws of the Province of British Columbia.

5.17 Local Preference Preference will be given to Proponents located within the Regional District of Nanaimo where quality, service, and price are equivalent. This will include any of the Proponents proposed sub-consultants, if applicable.

5.18 Minimum Rate of Pay The Collective Agreement between the City of Nanaimo and Canadian Union of Public Employees, Local 401 says that:

Every contract made by the Employer for construction, remodelling, repair, or, demolition of any municipal works or for providing any municipal service or function shall be subject to the following condition:

“Minimum rate of pay for work performed under this Contract or under Sub-contract shall be classified in the current Agreement between the City of Nanaimo and Canadian Union of Public Employees, Local 401.”

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5.19 Litigation Clause The City may, in its absolute discretion, reject a Proposal submitted by a Proponent, if the Proponent, or any officer or director of the Proponent is or has been engaged either directly or indirectly though another corporation in legal action against the City, its elected or appointed officers and employees in relation to:

i. Any other contract for works or services; or ii. Any matter arising from the City’s exercise of its powers, duties; or functions

under the Local Government Act, Community Charter or another enactment, within the past five years of the closing date of this Request for Proposal. In determining whether to reject a Proposal under this clause, the City will consider whether the litigation is likely to affect the Proponents ability to work with the City, its consultants and representatives and whether the City’s experience with the Proponent indicates that the City is likely to incur increased staff and legal costs in the administration of a Contract if it is awarded to the Proponent.

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SCHEDULE A

TERMS OF REFERENCE

For

REQUEST FOR PROPOSAL No. 1870

2017 Nanaimo Transportation Surveys

Issue date: January XX, 2017

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Table of Contents 1. PROJECT BACKGROUND ....................................................................................................................... 3

1.1. Terminology .................................................................................................................................. 3

1.2. Overview ....................................................................................................................................... 3

1.3. Background ................................................................................................................................... 4

1.4. Survey objectives .......................................................................................................................... 4

1.5. Jurisdiction and Study Area ........................................................................................................... 4

1.6. Screenlines .................................................................................................................................... 6

2. SCOPE OF WORK .................................................................................................................................. 7

2.1. Task A – Automatic Screenline Counts ......................................................................................... 7

2.2. Task B – Intersection Counts ......................................................................................................... 8

2.3. Task C – Transit Ridership Counts – Survey Development and Processing ................................ 11

2.4. Task D – Transit Ridership Counts – Data Collection (Optional Scope) ...................................... 11

2.5. Further Considerations ............................................................................................................... 12

3. SCHEDULE AND KEY DATES ................................................................................................................ 16

4. DELIVERABLES .................................................................................................................................... 16

4.1. Task E - Consolidated Data .......................................................................................................... 16

4.2. Task F - Screenline Survey Report ............................................................................................... 16

5. INFORMATION .................................................................................................................................... 17

5.1. Available Information ................................................................................................................. 17

5.2. Privacy ......................................................................................................................................... 17

5.3. Accessing the City of Nanaimo’s File Sharing Site ....................................................................... 17

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1. PROJECT BACKGROUND

1.1. Terminology Throughout this Request for Proposal (RFP), the following terminology is used: • “Proponent” means an individual or a company that submits, or intends to submit, a proposal in

response to this RFP • “Consultant” means the successful proponent to the RFP who enters into a written contract with

the City of Nanaimo • “CoN” means the City of Nanaimo • “RDN” means the Regional District of Nanaimo • “BCF” means British Columbia Ferry Services Inc • “Administrative Areas” refers to the six local government areas / first nations within the Study

Area, including: o The City of Nanaimo o RDN Area A o RDN Area C o The District of Lantzville o Snuneymuxw First Nation o Nanoose First Nation

• “Study Area” is defined in Exhibit 1 includes the geographical boundaries of the City of Nanaimo, the District of Lantzville , the Snuneymuxw and Nanoose First Nations and portions of RDN Areas A/C.

• “TAZ” Traffic Analysis Zones

1.2. Overview The City of Nanaimo is seeking to measure typical travel demand (Spring 2017) across key screenlines within Nanaimo’s transportation network to facilitate long term monitoring, support update of a travel demand forecasting model, and to update the Nanaimo Master Transportation Plan. The Study Area includes the City of Nanaimo, the District of Lantzville, Regional District of Nanaimo (RDN) Areas A/C, the Snuneymuxw and Nanoose First Nations. The Study Area population (2011 census) is just over 100,000 residents. The proposed survey will measure vehicle volumes and transit ridership at key locations within the transportation network to develop an aggregate total demand across key screenlines. Proposed screenlines have been selected for their utility in measuring travel patterns within the Study Area, for their long term stability and to take advantage of simplifications in the transportation network. The proposed survey includes 57 count stations located along eleven internal and four external screenlines and 19 intersection counts in 2 corridors. The proposed survey is to be conducted during the spring of 2017 to take advantage of a period of relative stability in travel patterns in which primary, secondary and post-secondary education is still in session but the worst of inclement winter weather is avoided.

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All data shall be validated, populated into a database format and presented/summarized in a report format. Through this RFP the City of Nanaimo (CoN) is seeking proposals from qualified Consultants with expertise in transportation planning and traffic data collection/analysis to undertake the works described within this document for completion by June 30, 2017.

1.3. Background The City of Nanaimo conducts regular and comprehensive traffic counts within the City’s major road network. In combination with some data collected by the Ministry of Transportation and Infrastructure it has provided the City with a general measure of changes in travel demand across its network over time. In 2012 the CoN conducted its first screenlines traffic count survey in preparation for the development of the Nanaimo Transportation Master Plan. This survey will form a key input into a proposed travel demand forecasting model update and calibration.

1.4. Survey objectives The proposed screenline survey seeks to: • Measure aggregate multi-modal travel demand across key portions of the City’s transportation

network. • Provide data set to measure travel demand changes from 2012 survey. • Provide a baseline data set for calibration of the City’s travel demand forecasting model update. • Provide an estimate of transit ridership and travel patterns and measure changes from 2012

survey.

1.5. Jurisdiction and Study Area Study Area

Study Area boundaries have been set to take advantage of simplifications within the road network such that only five external gateways (3 ferries [Duke Point, Departure Bay and Gabriola Island], 2 highways [Hwy 19 North/Hwy 1 South]) are present. The resulting Study Area generally conforms to the boundaries of RDN Areas A/C, the City of Nanaimo, District of Lantzville and Snuneymuxw and Nanoose First Nations but does include some portions of the Cowichan Valley Regional District (CVRD) and does not include portions of RDN Area C; see Exhibit 1 below.

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Exhibit 1 - Study Area

Jurisdiction

The Study Area road network is under the jurisdiction of several agencies including the City of Nanaimo, District of Lantzville and the Ministry of Transportation and Infrastructure (MoTI); the Departure Bay, Gabriola Island and Duke Point ferry terminals are under the jurisdiction of BC Ferries. The consultant is responsible for obtaining approval from and coordinating with responsible agencies prior to undertaking any survey field work. City of Nanaimo All public roadways within the City of Nanaimo (CoN) boundary with the exception of Highway 19 (Nanaimo Parkway), Highway 19A (Island Hwy N / Brechin Rd) and Highway 1 (Island Hwy S, Nicol St, Terminal Ave (South of Stewart Ave), Stewart Ave) are under the jurisdiction of the City of Nanaimo. District of Lantzville All public roadways within the District of Lantzville boundary with the exception of Highway 19 (Island Hwy) are under the jurisdiction of the District of Lantzville. It is not anticipated that any survey field work will be required on roadways under the jurisdiction of the District of Lantzville. Ministry of Transportation and Infrastructure Provincial highways (Routes 1,19, 19A) and all public roadways outside of the City of Nanaimo and District of Lantzville are under the jurisdiction of the Ministry of Transportation and Infrastructure (MoTI).

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BC Ferries Any survey field works within or adjacent to a BC Ferries terminal needs to be coordinated with BC Ferries to ensure that it does not interfere with the operation of the terminal. BCF will provide summary traffic data for requested sailings as a proxy for vehicle and passenger counts at their terminals. Regional District of Nanaimo – Transit The Regional District of Nanaimo has no jurisdiction over roadways but does operate the regional transit system. The successful consultant will need to coordinate with RDN Transit to conduct the transit ridership component of the survey and to ensure survey field activities do not interfere with transit operations.

1.6. Screenlines The proposed survey includes sixteen (16) screenlines1 and two corridors distributed throughout the Study Area. External screenlines capture trips entering or exiting the Study Area including three BC Ferry routes to the Lower Mainland and Gabriola Island and two provincial highways to the north and south of Nanaimo. External screenlines will measure the volume of traffic entering each external gateway. Internal screenlines were selected to provide information about travel demand within the Study Area across key portions of the transportation network. Screenlines have been set to take advantage of simplifications in the road network, to reduce the number of required count stations and reduce the impact of significant future network changes. In addition to the screenlines, two corridors were added in which intersection counts will be carried out. The two corridors are Island Hwy and Nanaimo Parkway. The intersections counts along these corridors will provide a better understanding of the east – west travel pattern and a traffic volume profile of these corridors will provide insight to the traffic behavior along the two most heavily travel highways in the city. A transit ridership survey (on/off by stop) is required and will include all routes within the Study Area. Transit rider data will be included in screenline / station summaries. A tabular summary of screenlines is provided below in Exhibit 2 and a map of screenline locations is provided below in Exhibit 3.

ID Name Type Modes Counted # of Stations

01 Highway 19 North of Lantzville External / Road Vehicles / Transit 1 02 City of Nanaimo / District of Lantzville

Boundary Internal / Road Vehicles / Transit 5

03 North Slope / Hammond Bay Cordon Internal / Road Vehicles / Transit 3* 04 Long Lake Internal / Road Vehicles / Transit 8 05 Departure Bay / Northfield Internal / Road Vehicles / Transit 7 06 Lower Mainland Ferries External / Ferry Vehicles 2 07 Millstone River Internal / Road Vehicles / Transit / Non-Auto 6 08 Downtown Cordon Internal / Road Vehicles / Transit / Non-Auto 11** 09 Protection Island Ferry Internal / Ferry None - Inactive 1 10 Gabriola Island Ferry External / Ferry Vehicles 1

1 Screenline 9 – Protection Ferry will not be collected as part of this survey

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ID Name Type Modes Counted # of Stations

11 Chase River Internal / Road Vehicles / Transit 6 12 Extension / Cinnabar Valley Internal / Road Vehicles / Transit 1 13 Nanaimo River Internal / Road Vehicles / Transit 3 14 Cedar / Yellowpoint Internal / Road Vehicles 2 15 Highway 1 South of Nanaimo Airport External / Road Vehicles 1 16 Chase River Internal / Road Vehicles 4 17 Island HWY Corridor Vehicles 14 18 Nanaimo Parkway Corridor Corridor Vehicles 6 *The Hammond Bay / North Slope Cordon shares one station with the Long Lake Screenline (401). **The Downtown Cordon shares two stations (701,702) with the Millstone River Screenline. Exhibit 2 - Screenline Summary

Exhibit 3 - Screenline Map

2. SCOPE OF WORK

2.1. Task A – Automatic Screenline Counts Automatic classified vehicle counts shall be collected along internal and external screenlines to develop typical weekday, Saturday and Sunday daily profiles. Validated counts are to be provided for a minimum duration of nine days including one complete week and two complete weekends. Data is to be collected by direction in 15 min intervals or less.

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Automatic counts shall be classified according to the FHWA 13-Category Classification System and reported as Passenger Vehicles (Class 1,2,3), Buses (Class 4), Light Trucks (Class 5) and Heavy Trucks (Class 6+). Unclassified vehicle volumes shall be reported and proportionally allocated to other classes. The classification should similar to the 2012 Screenline Survey. Where utilizing existing count infrastructure, the City accepts that support for FHWA classification may not be possible. The successful consultant would still be required to utilize what classification functionality is available to estimate consolidated vehicle classes as described under Task A where possible. Ministry of Transportation will work to repair stations if they are found to out of service; however they cannot commit to a schedule for repair and as such early notification is recommended. Stations 705 and 508 are functionally the same station (due to limited access on the Parkway). A single station summary can be provided but the station should be reported in both screenline 5 and 7 (similar to stations 701,702,703 in relation to screenlines 7/8). The City has prepared a draft map and listing of count stations with data requirements and station details in Exhibits 5 and 7. The successful consultant will be responsible for determining, in conjunction with the City/Ministry of Transportation and Infrastructure, precise station locations and count equipment. A number of count stations are on roadways with speeds greater than 60km/h which may create challenges for pneumatic hose counters. The proponent should address this issue in their proposal. BC Ferries could provide ticketing data for requested sailings. This data can be used as a proxy for automatic counts at these stations; no additional automatic counts are required at stations 601, 602, 1001. A number of inactive count stations have been listed in this document for completeness; no work is required at these stations.

2.2. Task B – Intersection Counts In addition to the North-South screenlines, two East-West screenlines were defined along the Island HWY and the Nanaimo Parkway. For these two screenlines, a two days 7 hours (7am-9am 11am-1pm, 3pm-6pm) video camera intersection count should be preformed for each of the intersections along Island HWY and the Nanaimo Parkway. A list of intersections to be counted is shown in Exhibit 5. Video camera counts shell be classified according to the aggregated FHWA 13-Category Classification System and reported as Passenger Vehicles (Class 1,2,3), Buses (Class 4), Light Trucks (Class 5) and Heavy Trucks (Class 6+). Unclassified vehicle volumes shall be reported and proportionally allocated to other classes. The classification should similar to the 2012 Screenline Survey.

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Exhibit 4 - Intersection Counts list

Corridor Intersection # Jurisdiction Speed Corridor Name Crossing Rd17 1701 MoTI 80 Island HWY Mary Ellen Rd17 1702 MoTI 80 Island HWY Aulds Rd17 1703 MoTI 80 Island HWY Turner Dr17 1704 MoTI 80 Island HWY Mostar Rd17 1705 MoTI 70 Island HWY Jingle Pot Rd17 1706 MoTI 70 Island HWY Bowen Rd17 1707 MoTI 70 Island HWY Northfield Rd17 1708 MoTI 60 Island HWY Departure Bay Rd17 1709 MoTI 60 Island HWY Brechin Rd17 1710 MoTI 60 Island HWY Waddington Rd17 1711 MoTI 50 Island HWY St George St17 1712 MoTI 50 Island HWY Townsite Rd17 1713 MoTI 50 Island HWY Stewart Ave17 1714* MoTI 70 Island HWY Tenth St17 1715* MoTI 70 Island HWY Cranberry Ave17 1716* MoTI 70 Island HWY Ceder Rd18 1801 MoTI 90 Nanaimo Parkway Aulds Rd18 1802 MoTI 90 Nanaimo Parkway Mostar Rd18 1803 MoTI 90 Nanaimo Parkway Northfield Rd18 1804 MoTI 90 Nanaimo Parkway Jingle Pot Rd18 1805 MoTI 90 Nanaimo Parkway Third St18 1806 MoTI 90 Nanaimo Parkway Fifth St

* The data for these 3 intersections would be provided by the city and should be added in the corridor profile.

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Exhibit 5 - Count Stations

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2.3. Task C – Transit Ridership Counts – Survey Development and Processing Improving the City’s understanding of travel patterns and changes throughout the years on transit is an important objective for this survey. The collection of on-board ridership data will be carried out in cooperation with the RDN’s transit group. The successful consultant will be required to develop, in cooperation with the RDN and City, a survey that can be filled by RDN staff/drivers. The RDN will be responsible for collecting the raw data for the low ridership routes. Transit ridership surveys will include all transit routes (1, 5, 6, 7, 11, 15, 15A, 20, 20A, 25, 30, 40, 50) within the Study Area, see Exhibit 7 - Transit Map. At each stop the number of riders, boardings and alightings will be recorded. Transit users with bicycles or mobility aids will be recorded separately. This information will be provided by the RDN to the consultant in a hard copy format. The consultant will be responsible for coordinating with the RDN, processing the raw survey data, validating and presenting the survey results. Presentation of transit data should include on/off profiles of each transit route by direction for the 2:30-6:30 period and total transit ridership volumes at screenline stations. While transit ridership data may be collected over a full service day for each route on a Tuesday, Wednesday or Thursday the consultant will only be responsible for processing, validating and reporting data from transit trips starting at 2pm and ending before 7pm except from routes 40 and 50, where the processing and reporting will be 7am- 7pm.

2.4. Task D – Transit Ridership Counts – Data Collection The consultant will be responsible for data collection for the heavily used routes (1, 15, 30, 40, 50, 20). Beyond to the work described within Task C, the consultant would also be responsible for development of survey materials and the collection of transit ridership data over a partial service day (starting at 2pm and ending before 7pm) and for routes 40 and 50, (7am- 7pm). Exhibit 6 shows estimated number of trips to be surveyed either by the proponent or by the RDN staff. The transit schedule of the RDN is available on the following. https://bctransit.com/nanaimo/schedules-and-maps

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Exhibit 6 Bus Trip to be surveyed

Bus Route

Bus Route Name Survey period Estimated # of trips

Trip duration (min)

1 Downtown/ Country Club 2:30 – 6:30 13 20 - 25 5 Fairview 2:30 – 6:30 5 40 -50 6 Harewood 2:30 – 6:30 7 25-30 7 Cinnabar / Cedar 2:30 – 6:30 7 60-70 11 Lantzville 2:30 – 6:30 2 30-35 15 VIU Connector 2:30 – 6:30 17 20-25 20 Hammond Bay 2:30 – 6:30 14 40-50 25 Ferry Shuttle 2:30 – 6:30 6 20-25 30 NRGH 2:30 – 6:30 14 50-60 40 VIU EXPRESS 7am-7pm 87 50-60 50 Downtown /Woodgrove 7am-7pm 36 25-30 Link for the full size transit Map http://www.nanaimo.ca/assets/Departments/Engineering~Public~Works/Traffic~-~Transportation~Planning/Cycling/RDN_TransitMap2015.pdf

Exhibit 7 –2016 RDN / City of Nanaimo Transit Network

2.5. Further Considerations Existing Infrastructure A number of count stations have existing count infrastructure (Exhibit 7) that may be used by the successful consultant in coordination with the owning agency. Health and Safety All proposals shall include a health and safety plan for field operations. If the proposed methodology results in a multi-party work site then the successful consultant shall accept the role of prime consultant. Communications Documentation The successful proponent will be required to develop, in consultation with the City, written documentation of field survey activities including information on the purpose, function and methodology of field work to be posted on the City’s web site for public consumption. The purpose of these materials would be to help

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members of the public that are interested in the survey activities better understand the purpose of the survey and what will be done with the information collected. Data Validation The consultant shall validate all data collected; any anomalies shall be noted and reviewed with the City. Where anomalies are significant recounts may be required.

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Exhibit 8 - Count Details

CountsAutomatic Transit

101 1 Island Hwy (19) - West of Lantzville Rd (MoTI-SCS 14-060NS) Yes Yes Yes Ministry of Transportation and Infastructure MoTI Short Count Station 14-06NS 90 4201 2 Dickinson Rd - North of Medd Rd Yes Yes Yes City of Nanaimo None 50 2202 2 Dover Rd - East of Schook Rd Yes Yes No City of Nanaimo None 50 2203 2 Island Hwy (19A) - West of Mary Ellen Yes Yes No Ministry of Transportation and Infastructure None 80 4204 2 Nanaimo Parkway (19) - West of Mary Ellen Rd (MoTI-SCS 12-072N) Yes Yes Yes Ministry of Transportation and Infastructure MoTI Short Count Station 12-072N 80 4205 2 Aulds Rd - East of Clark Rd Yes Yes Yes City of Nanaimo None 50 2301 3 Hammond Bay Rd - East of Brickyard Rd Yes Yes Yes City of Nanaimo None 50 2302 3 Rutherford Rd - North of Nelson Rd Yes Yes Yes City of Nanaimo None 50 2401 4 Hammond Bay Rd - North of Prince John Way Yes Yes Yes City of Nanaimo None 50 2402 4 Opal Rd - West of Rock City Rd Yes Yes No City of Nanaimo None 50 2403 4 Uplands Dr - North of Villa Rd Yes Yes Yes City of Nanaimo None 50 2404 4 Ross Rd - South of Emerald Dr Yes Yes Yes City of Nanaimo None 50 2405 4 Island Highway (19A) - North of Norwell Dr (MoTI-SCS 12-041NS) Yes Yes Yes Ministry of Transportation and Infastructure MoTI Short Count Station 12-041 NS 70 4406 4 Wellington Rd - East of Jordan Ave Yes Yes No City of Nanaimo None 50 2407 4 Mostar Rd - North of Boban Dr Yes Yes Yes City of Nanaimo None 50 4408 4 Nanaimo Partway (19) - North of Mostar Rd Yes Yes No Ministry of Transportation and Infastructure None 90 4501 5 Departure Bay Rd - North of Estevan Rd Yes Yes Yes City of Nanaimo None 50 4502 5 Island Highway (19A) - South of Dorman Rd Yes Yes Yes Ministry of Transportation and Infastructure None 70 4503 5 McCullough Rd - South of Dorman Rd Yes Yes No City of Nanaimo None 50 2504 5 Dorman Rd - South of Labieux Rd Yes Yes Yes City of Nanaimo None 50 2505 5 Bowen Rd - South of Rosstown Rd Yes Yes Yes City of Nanaimo None 50 4506 5 Boxwood Rd - North of Northfield Rd Future Yes No City of Nanaimo None 50 2507 5 Nanaimo Parkway (19) - North of Northfield Rd Yes Yes Yes Ministry of Transportation and Infastructure None 90 4601 6 Departure Bay Ferry Terminal Yes Yes** No BC Ferries / MoTI None N/A N/A602 6 Duke Point Ferry Terminal Yes Yes** No BC Ferries / MoTI None N/A N/A701 7,8 North End of the George Pearson Bridge (MoTI-SCS 12-035NS) Yes Yes Yes Ministry of Transportation and Infastructure MoTI Short Count Station 12-035 NS 50 6702 7,8 E&N Trail at Millstone River No No No City of Nanaimo None N/A N/A703 7 Wall St at Millstone River Yes Yes No City of Nanaimo None 50 2704 7 Bowen Rd - North of Buttertubs Dr Yes Yes Yes City of Nanaimo None 50 4705 7 Nanaimo Parkway (19) - Millstone River (MoTI-SCS 14-056N) Yes Yes Yes Ministry of Transportation and Infastructure MoTI Short Count Station 14-056S 90 4706 7 Jingle Pot Rd - East of East Wellington Rd Yes Yes No City of Nanaimo None 50 2803 8 Bowen Rd - East of Pine St Yes Yes Yes City of Nanaimo None 50 4804 8 Campbell St - East of Pine St Yes Yes No City of Nanaimo None 50 2805 8 Wentworth St - East of Pine St Yes Yes No City of Nanaimo None 50 2806 8 Fitzwilliam St - East of Pine St Yes Yes Yes City of Nanaimo None 50 2807 8 Albert St - East of Pine St Yes Yes Yes City of Nanaimo None 50 2808 8 Victoria Rd - North of Pine St Yes Yes Yes City of Nanaimo None 50 2809 8 Nicol St (1) - North of Pine St Yes Yes No Ministry of Transportation and Infastructure None 50 4810 8 Haliburton St - North of Sabiston St Yes Yes Yes City of Nanaimo None 50 2

Posted Speed

LanesID Screeline Jurisdiction Existing InfastructureLocation Station Active

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CountsAutomatic Transit

901 9 Protection Island Ferry No No No Protection Island Connection Ferry None N/A N/A1001 10 Gabriola Island Ferry Terminal Yes Yes** No BC Ferries / City of Nanaimo None N/A N/A1101 11 Island Highway (1) - South of Chase River Rd Yes Yes Yes Ministry of Transportation and Infastructure None 50 41102 11 Seventh St - East of Park Ave Yes Yes No City of Nanaimo None 50 21103 11 Park Ave at Chase River Yes Yes Yes City of Nanaimo None 50 21104 11 Bruce Ave at Chase River Yes Yes Yes City of Nanaimo None 50 21105 11 Howard Ave at Chase River Yes Yes No City of Nanaimo None 50 21106 11 Nanaimo Parkway (19) at Chase River Yes Yes No Ministry of Transportation and Infastructure MoTI Permanent Count Station P-12-2NS 90 41201 12 Cranberry Ave - South of Nanaimo Parkway Yes Yes Yes City of Nanaimo CoN Short Count Station (Loops) 50 21202 12 Sandstone Overpass (Future) Future No No City of Nanaimo None 50 21203 12 Naniamo River Rd - West of Trans Canada Highway Future No No Ministry of Transportation and Infastructure None 60 21301 13 Cedar Rd at Nanaimo River Yes Yes Yes Ministry of Transportation and Infastructure None 50 21302 13 Duke Point Highway at Nanaimo River Yes Yes No Ministry of Transportation and Infastructure MoTI Short Count Station 12-066N 90 41303 13 Trans Canada Highway at Nanaimo River Yes Yes No Ministry of Transportation and Infastructure None 80 41401 14 Yellow Point Rd - South of Tiesu Rd Yes Yes No Ministry of Transportation and Infastructure None 60 21402 14 Cedar Rd - North of Quennell Rd Yes Yes No Ministry of Transportation and Infastructure None 60 21501 15 Trans Canada Highway (1) - South of Cedar Rd (MoTI-SCS 12-008NS) Yes Yes No Ministry of Transportation and Infastructure MoTI Short Count Station 12-008NS 90 41601 16 Howard Ave - South of Sixth St Yes Yes No City of Nanaimo None 50 21602 16 Bruce Ave - South of Sixth St Yes Yes Yes City of Nanaimo None 50 21603 16 Park Ave - South of Sixth St Yes Yes Yes City of Nanaimo None 50 21604 16 Seventh St - East of Park Ave Yes Yes No City of Nanaimo None 50 21605* 16 Nanaimo Lakes Rd at Chase River Yes Yes No City of Nanaimo None 50 2

* The city will provide the count data** BC Ferries pass veh/truck/passenger data may be used in place of automatic counts.

LanesID Screeline Location Station Active

Jurisdiction Existing Infastructure Posted Speed

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3. SCHEDULE AND KEY DATES Feb 09, 2017 Project Start March 17, 2017 Primary/Secondary School - Last Day of Class

Before Spring Break March 27, 2017 Primary/Secondary School - First Day of Class After

Spring Break April 1, 2017 VIU: Last day of classes for University and

Career/Technical Programs April 14-17, 2017 Easter May 30, 2017 Draft Report Complete / Consolidated Data

Submitted June 31, 2017 Final Report Complete Survey field work should be timed to minimize the impact of breaks in primary, secondary and post-secondary institutions. No counts shall be completed during the week of spring break for public schools (March 17-27). No counts shall be completed after April 1st for screenlines adjacent to Vancouver Island University (screenlines 5,7,8,11,16). Transit counts shall occur before March 5th such that planned service, routing adjustments are in place.

4. DELIVERABLES

4.1. Task E - Consolidated Data The successful consultant will provide a consolidated set of validated count data from automatic, intersections, and transit counts in a format acceptable to the City. Raw data files from counters shall also be provided for record keeping purposes.

4.2. Task F - Screenline Survey Report The consultant shall develop a report to document the methodology and survey works completed and present/summarize data collected based on the format of the 2012 screenline report and show compression of the new counts vs. the 2012 counts. The Screenline Survey Report shall include the following: • Documentation of the project including methodology and field activities. • Presentation of key traffic characteristics at each count station including but not limited to location,

typical weekday, Saturday and Sunday 24hr profiles, modal information, peak hours and daily traffic. • Similar to count stations, consolidated characteristics of each screenline and the overall network shall

be presented. • Presentation and summary of trips passing through external gateways. • Presentation and summary of ridership on transit at screenlines and by route. • Intersection counts, am, md, and pm peak hours count including a traffic volumes diagrams. • A Comparison of the data from the 2012 screenlines survey and the current Screenlines survey. • Profile of the two corridors (Island HWY and Nanaimo Parkway).

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5. INFORMATION

5.1. Available Information The following additional information will be made available to all Proponents responding to this RFP: • 2012 screenlines report and appendices. • 2012 counts database. • Transit Map 2016. • Bus stops GIS file. • BCT GTFC file • BC transit schedule (PDF)

This information will be made available through the City’s file sharing site, see Section 5.3 for access information. All information is provided as reference material only and it is the responsibility of the Consultant to confirm the completeness and accuracy of all required information through site investigation, survey, testing, calculation, etc.

5.2. Privacy All of the information contained within the RFP, including the information distributed through the City’s file sharing site, is for the exclusive use of the Proponent for RFP response preparation purposes only and is not to be made publicly available in any manner. The Proponent and their team shall not discuss this project with any member of the public at any time, for any reason whatsoever, without the prior written approval of the City of Nanaimo.

5.3. Accessing the City of Nanaimo’s File Sharing Site To access the provided information from the City’s file sharing site, follow these instructions;

i. Open an internet browser and point to the address: https://cloud.nanaimo.ca/public.php?service=files&t=b707b1af405b4a51b9af9203ffff097a

ii. Enter the password ‘screenlines’

SCHEDULE B

CONSULTING SERVICES AGREEMENT

For

Request for Proposal No. 1870

2017 NANAIMO TRANSPORTATION SURVEYS

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Table of Contents 1.0 Definitions ........................................................................................................... 4

2.0 Schedules ........................................................................................................... 6

3.0 Scope of Services ............................................................................................... 6

3.1 Services .............................................................................................................. 6

3.2 Basic Services ..................................................................................................... 6

3.3 Services as Contract Administrator ..................................................................... 7

3.4 Additional Services .............................................................................................. 8

3.5 Standard of Service ............................................................................................. 8

3.6 Compliance with Laws ........................................................................................ 9

3.7 Consultant’s Representative ............................................................................... 9

3.8 Confidentiality ...................................................................................................... 9

3.9 Sub-Consultants .................................................................................................. 9

3.10 Key Personnel ................................................................................................... 10

3.11 Cooperation and Coordination .......................................................................... 10

3.12 Hazardous Waste and Environmental Issues .................................................... 10

3.13 Workers Compensation Act (WCB) ................................................................... 10

4.0 Clients Duties and Responsibilities to the Consultant ....................................... 10

4.1 Duties and Responsibilities ............................................................................... 10

4.2 Client’s Representative ..................................................................................... 11

4.3 Confidentiality .................................................................................................... 11

5.0 Fees, Rates, and Disbursements ...................................................................... 12

5.1 Fees .................................................................................................................. 12

5.2 Disbursements .................................................................................................. 12

5.3 Sub-Consultants ................................................................................................ 13

6.0 Payment ............................................................................................................ 13

6.1 Payment Procedures ......................................................................................... 13

6.2 Defined Remuneration Services ........................................................................ 14

6.3 Variable Remuneration Services ....................................................................... 14

7.0 Ownership and Use of Documents .................................................................... 15

7.1 Service Continuity ............................................................................................. 15

7.2 Ownership ......................................................................................................... 15 7.3 Changes to Instruments of Service ................................................................... 16

8.0 Insurance and Liability ...................................................................................... 16

8.1 General Insurance Requirements ..................................................................... 16

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8.2 Additional Insurance .......................................................................................... 16

8.3 Limits of Liability ................................................................................................ 17

9.0 Indemnity........................................................................................................... 17

10.0 Suspension and Termination ............................................................................. 17

10.1 By Client Due to Default of the Consultant ........................................................ 17

10.2 By the Consultant Due to Default of the Client .................................................. 18

10.3 By the Client for Own Reasons ......................................................................... 18

10.4 By Mutual Consent ............................................................................................ 18

10.5 By the Consultant Due to Client’s Suspension in Excess of 60 days ................ 19

10.6 Death or Incapacity ........................................................................................... 19

10.7 Failure to Engage Other Consultants or Sub-Consultants ................................ 19

11.0 Dispute Resolution ............................................................................................ 19

11.1 Purpose ............................................................................................................. 19

11.2 Amicable Negotiation ........................................................................................ 20

11.3 Mediation........................................................................................................... 20

11.4 Arbitration or Litigation ...................................................................................... 20

11.5 Disputed Fees ................................................................................................... 20

12.0 General ............................................................................................................. 21

12.1 Notices .............................................................................................................. 21

12.2 Assignment and Successors ............................................................................. 21

12.3 Rights and Remedies ........................................................................................ 21

12.4 Conflicts of Interest ........................................................................................... 22

12.5 Independent Contractor .................................................................................... 22

12.6 Governing Law .................................................................................................. 22

12.7 Headings ........................................................................................................... 22

12.8 Number ............................................................................................................. 22

12.9 Enurement ......................................................................................................... 22

12.10 Entire Agreement .............................................................................................. 22

12.11 Unenforceability ................................................................................................ 23

12.12 Conflicting Provisions ........................................................................................ 23 Schedule A

Schedule B

Schedule C

Schedule D

Schedule E

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Agreement

Between Client and Consultant

(FOR USE TO RETAIN CONSULTING SERVICES ON MUNICIPAL ENGINEERING PROJECTS, INCLUDING PROJECTS USING

THE MASTER MUNICIPAL CONSTRUCTION DOCUMENTS).

THIS AGREEMENT made in duplicate this ____ day of_________, 2015. BETWEEN: City of Nanaimo 455 Wallace Street, Nanaimo BC V9R 5J6 (the “Client”) AND: (the “Consultant”) Whereas the Client intends to engage the professional services of the Consultant in connection with the following project:

2017 NANAIMO TRANSPORTATION SURVEYS RFP #1870

(the “Project”)

The Client and the Consultant agree as follows:

1.0 Definitions

For the purposes of this Agreement, the following definitions will apply.

I. “Additional Services” means services provided by the Consultant which are outside the scope of Basic Services under this Agreement.

II. “Agreement” means this Agreement between the Client and the Consultant.

III. “Basic Services” means the services which the Consultant is required to perform as identified under Schedule A of this Agreement.

IV. “Business Day” means a day other than a Saturday, Sunday or statutory holiday in British Columbia. A Business Day will end at 5:00 p.m. on that day.

V. “Client” means the person, firm, corporation or municipality identified on page 1 of this Agreement.

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VI. “Consultant” means the person, firm, or corporation identified on page 1 of this Agreement.

VII. “Contract” means an agreement between the Client and a Contractor for the performance of all or part of the Work.

VIII. “Contract Administrator” means the person, if any, identified as Contract Administrator in the Contract Documents.

IX. “Contract Documents” means the documents comprising the contract. X. “Contractor” means the person, firm or corporation who has entered into

a Contract with the Client. XI. “Defined Remuneration Services” means the Services where the cost of,

and the time required for, the performance of such Services can be predicted to a reasonable level of accuracy by professionals experienced in providing services similar to the Services.

XII. “Disbursement” has the meaning set out in paragraph 5.2. XIII. “Field Services” means making such visits as the Project site at intervals

appropriate to the stage of the Work as reasonably necessary to enable the Consultant to ascertain whether the Contractor is carrying out the Work in general conformity with the Contract Documents.

XIV. “Hazardous Materials” means any material or substance which is a “hazardous product”, “contaminant”, “toxic substance”, “deleterious substance”, “special waste”, “dangerous good” or “reportable substance” that is identified or described in or defined by an applicable statute, regulation or law.

XV. “Instruments of Service” as the meaning set out in paragraph 7.2.1. XVI. “Master Municipal Construction Documents” means the latest edition, as

of the date of this Agreement, of the Master Municipal Construction Documents published by the Master Municipal Construction Documents Association. (Copies of the documents can be purchased from Support Services Unlimited, Suite 302, 1107 Homer Street, Vancouver, BC V6B 2Y1, Tel 681-0295, or obtained online from www.mmcd.net).

XVII. “Other Consultant” means a registered or licensed Professional Engineer, Architect or other specialist, other than the Consultant, engaged directly by the Client in connection with the Project.

XVIII. “Project” means the project identified on page 1 of this Agreement. XIX. “Proposal” means the formal or informal written submission, if any, made

by the Consultant to the Client prior to the execution of this Agreement describing proposed scope of services to be provided by the Consultant, or portion of each submission, which is accepted by the Client and attached to this Agreement as Schedule D.

XX. “Services” means all services to be provided by the Consultant under this Agreement.

XXI. “Sub-Consultant” means any registered or licensed Professional Engineer, Architect or other specialist such as, without limitation, any geotechnical, environmental, legal, accounting, insurance or bonding specialist, engaged by the Consultant in connection with the Services.

XXII. “Termination Expenses” means expenses reasonably and necessarily incurred by the Consultant as a direct result of the termination of this Agreement or the suspension of the Services.

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XXIII. “Variable Remuneration Services” means the Services where the cost of, and the time required for, the performance of such Services cannot be predicted to a reasonable level of accuracy by professionals experience in providing services similar to the Services. For illustration, Variable Remuneration Services may include:

a. Negotiating real property rights required for the Project; b. Participating in public consultation processes beyond the

level of effort as may be defined in this Agreement; c. Providing Field Services beyond the level of effort as may

be defined in this Agreement; and d. Obtaining permits, licenses or approvals for the Project

from authorities having jurisdiction.

XXIV. “Work” means the labour, materials and equipment to be supplied and incorporated into the Project by a Contractor under a Contract.

2.0 Schedules The following schedules form a part of this Agreement:

i. Schedule A – Services ii. Schedule B – Fees iii. Schedule C – Insurance iv. Schedule D – Proposal (if any) v. Schedule E – Other Conditions (if any)

3.0 Scope of Services

3.1 Services 3.1.1 The Consultant shall, in accordance with the Agreement, perform and provide the Services described in this Agreement.

3.2 Basic Services 3.2.1 Without limiting any other provision of this Agreement, the Consultant shall perform and provide the following Basic Services:

I. Review Requirements – At the commencement of the performance of Services,

and from time to time during the performance of the services, review the Client’s total requirements for the Project, and advise the Client if the requirements cannot be met within the Client’s Project budget and schedule.

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II. Suggest Alternatives – If requested by the Client, suggest alternatives or changes to reduce the costs of the proposed Project so that the Client’s Project budge and schedule can be met.

III. Review Client Data – Generally review information and data provided by or through the Client to determine its sufficiency and applicability and immediately notify the Client of errors and deficiencies. The Consultant shall be entitled to rely on the accuracy and completeness of such information and data except to the extent it contains errors or deficiencies that would be obvious or apparent to a consultant qualified in British Columbia to perform services similar in scope, nature and complexity to the Services. The Consultant shall not be responsible for information or data provided by Other Consultants.

IV. Submit Reports – Submit technical memoranda, reports and drawings to the Client as necessary throughout the course of providing the Services and generally keep the Client informed in a timely manner by way of written reports on all issues relevant to the Services, including progress of the Services, any anticipated cost overruns and delays, and on decisions required to be made by the Client.

V. Notice of other Consultants – Advise the Client in a timely manner of any Other Consultant or Sub-Consultant, other than those identified in the Proposal, necessary for the performance of the Services. If the need for Other Consultant or Sub-Consultant would not reasonably have been anticipated at the time of submitting the Proposal by a consultant qualified to perform services similar in scope, nature and complexity to the Services, then the Client shall pay the cost of any such additional Other Consultant or Sub-Consultant, but if such consultant would reasonably have anticipated the need for the Other Consultant or Sub-Consultant then the Consultant shall pay such costs. If the Client does not agree to the engagement of such Other Consultant or Sub-Consultant, then paragraph 10.7 shall apply.

VI. Access to Property – Advise the Client as soon as practicable of any need for access to public or private properties necessary to enable the Consultant to perform its Services.

VII. Notice of Defects – Respond promptly to Client’s notices of apparent defects and deficiencies in the performance of the Services.

VIII. Approvals, Licences and Permits – Advise the Client in a timely manner of any necessary approvals, licences and permits required by authorities having jurisdiction, and provide to the Client the documentation required by authorities having jurisdiction in connection with such approvals, licences and permits. As Work proceeds, monitor compliance with the terms of such approvals, licences and permits and advise the Client of the extent of compliance.

3.3 Services as Contract Administrator 3.3.1 If the Client appoints the Consultant under Schedule A to act as the Contract Administrator under the Master Municipal Construction Documents, or to perform similar contract administration services under a Contract based on a form other than the Master Municipal Construction Documents, then the Consultant shall provide such contract administration services and shall act on behalf of the Client in that capacity,

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only to the extent expressly provided in the Contract Documents. Unless specifically provided otherwise in Schedule A:

i. All such contract administration services be deemed to be Basic Services; and ii. All contract administration services under this paragraph 3.3.1, whether provided

as Basic Services or Additional Services, shall be paid for as Variable Remuneration Services.

3.3.2 If appointed by the Client to provide contract administration services as described in paragraph 3.3.1, the Consultant shall:

i. Immediately upon such appointment nominate in writing a person reasonably

acceptable to the Client to undertake such services; ii. Without limiting any other provision of this Agreement or the Contract documents,

inform the Client promptly of any observed defects or deficiencies in the Work of the Contractor and any failure by the Contractor to otherwise meet the requirements under the Contract; and

iii. Give the Client prompt notice of possible budget overruns and shall update the construction cost projection monthly with progress draw approvals.

3.3.3 Nothing in the Contract Documents shall create any contractual relationship between the Consultant and the Contractor.

3.4 Additional Services

3.4.1 The Consultant may, at the Consultant’s absolute discretion and without invalidating this Agreement, decline to take on any Additional Services requested by the Client under this Agreement which the Consultant decides are beyond the Consultant’s normal fields of expertise. 3.4.2 The Consultant shall not undertake any Additional Services without the prior written approval of the Client. Prior to proceeding with any Additional Services, the Consultant and the Client shall agree on the scope of the Additional Services to be performed and the basis of payment. If the Additional Services consist of any Variable Remuneration Services, the Consultant shall provide the Client with a cost estimate breakdown for the performance of such Variable Remuneration Services prior to undertaking such Services. If the Client gives approval for the performance of the Additional Services, the Consultant shall not exceed the scope or the cost estimate accepted by the Client for the Variable Remuneration Services without first providing timely written notice to the Client setting out the revised scope and/or cost estimate and a reasonable justification for the increase in scope and/or costs. The Consultant shall not proceed to provide any Additional Services in excess of the Client approved scope and cost estimate without the Client/s prior written approval.

3.5 Standard of Service

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3.5.1 The Consultant shall undertake and perform all Services with such degree of care, skill and diligence as would be reasonably expected from a consultant qualified in British Columbia to perform services similar in scope, nature and complexity to the Services. The Consultant warrants and represents that the Consultant is qualified and has sufficient expertise and experience to perform expeditiously and efficiently all of the Services in a proper and professional manner to the standard set out above.

3.6 Compliance with Laws 3.6.1 In performing the Services, the Consultant shall in all respects comply with all applicable laws, rules, codes, regulations, bylaws, orders and ordinances of authorities having jurisdiction.

3.7 Consultant’s Representative 3.7.1 Immediately upon execution of this Agreement, the Consultant shall designate in writing a representative to act as the Consultant’s representative for the purposes of all communications with the Client under this Agreement, such representative to have authority to provide information to, and receive instructions from, the Client. The representative shall be available on a reasonably continuous basis during the performance of the Services, and for any periods when the representative is absent or unavailable a replacement with equivalent expertise and authority shall be appointed by the Consultant.

3.8 Confidentiality

3.8.1 The Consultant shall maintain confidentiality on all information, documentation and data provided by the Client to the Consultant or otherwise acquired by the Consultant during the course of carrying out the Services. Except with the prior written consent from the Client, or as required by law or an authority having jurisdiction, neither the Consultant, nor any of its employees, officers, agents, representatives or Sub-Consultants, shall divulge or disclose any of such information to third parties, or use any of such information for any purpose other than as required under this Agreement in connection with the Project.

3.9 Sub-Consultants

3.9.1 If the Consultant retains or employs any Sub-Consultants or other parties to assist in the performance of the Services, then the Consultant shall incorporate into any agreement with and shall bind such Sub-Consultants and other parties to all of the terms of this Agreement. The Consultant shall be responsible for such Sub-Consultant’s and other parties’ work, and for overseeing and coordinating such Sub-Consultants’ or other parties’ work.

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3.10 Key Personnel

3.10.1 The Consultant shall maintain the key personnel as may be listed in the Proposal attached as Schedule D, or as otherwise specified in this Agreement, and shall not replace any of such key personnel without the Client’s prior written agreement, which agreement shall not be unreasonably withheld or denied.

3.11 Cooperation and Coordination

3.11.1 The Consultant shall cooperate and coordinate with Other Consultants as necessary, but in no event, except as otherwise agreed in writing between the Client and the Consultant, shall the Consultant be responsible for the services or performance of any such Other Consultants.

3.12 Hazardous Waste and Environmental Issues 3.12.1 Unless otherwise specifically provided in this Agreement, the scope of Basic Service shall not include engineering services for the treatment or containment of Hazardous Materials or Hazardous Materials site remediation, and if provided, such services shall be considered Additional Services. The Client and the Consultant acknowledge and agree that such services require specialized knowledge and expertise, and consideration of additional provisions such as liability insurance.

3.13 Workers Compensation Act (WCB)

3.13.1 The Consultant will ensure compliance with the Health and Safety Laws of the Province of British Columbia, including without limitation the Workers Compensation Act and Regulations pursuant thereto. The Consultant agrees that it is the “Prime Contractor” for the Services as defined by the Workers Compensation Act.

4.0 Clients Duties and Responsibilities to the Consultant

4.1 Duties and Responsibilities The Client shall: i. Description of Requirements – Provide the Consultant with a written description

of the Client’s requirements for the Project, including, where applicable, the Client’s Project budget and Project schedule.

ii. Disclose Data – Unless otherwise provided in this Agreement, make reasonable

efforts to disclose and make available to the Consultant, in a timely manner and at no cost to the Consultant, all information or data in the Client’s possession or control relevant to the performance of the Services.

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iii. Other Consultants – when requested by the Consultant in writing, give due

consideration to engaging, at the Client’s own cost, Other Consultants as may be reasonably necessary for the Consultant to undertake the Services. The Client shall not have an obligation to retain any Other Consultants if requested to do so by the Consultant. All Other Consultants engaged by the Client at the Consultant’s request shall be paid for by the Client and shall be reasonably acceptable to both the Client and the Consultant.

iv. Timely Decisions – Give timely consideration to all requests from the Consultant,

including requests for decisions required relating to the Services, and inform the Consultant of the Client’s decisions and provide all feedback in a timely manner so as not to unduly delay the Consultant’s performance of the Services.

vi. Access to Property – Arrange and make provision for the Consultant’s

reasonable and ready access to public and private properties as necessary for the Consultant to perform the Services.

vii. Notice of Observed Deficiencies – Give prompt notice to the Consultant

whenever the Client becomes aware of any apparent defects or deficiencies in the Services.

viii. Approvals, Licenses and Permits – Obtain required approvals, licenses and

permits from authorities having jurisdiction so as not to unduly delay the Consultant in the performance of the Services.

4.2 Client’s Representative

4.2.1 Immediately upon execution of this Agreement, the Client shall designate in writing a representative to act as the Client’s representative, for the purposes of all communications with the Client under this Agreement, such representative to have authority to provide instructions to, and receive information from, the Consultant. The representative shall be available on a reasonably continuous basis during the performance of the Services, and for any periods when the representative is absent or unavailable a replacement with equivalent experience and authority shall be appointed by the Client.

4.3 Confidentiality 4.3.1 The Client shall maintain confidentiality on all information, documentation and data provided by the Consultant which is expressly identified in the Proposal or other provision of this Agreement, as being proprietary or confidential in nature. Except with the prior written consent from the Consultant, or as required by law or an authority having jurisdiction, neither the client nor any of its employees, officers, agents, representatives or Other Consultants shall divulge or disclose any of such information to third parties, or use any of such information for any purpose other than as required under this Agreement in connection with the Project.

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5.0 Fees, Rates, and Disbursements

5.1 Fees 5.1.1 The Client shall pay the Consultant the fees described in Schedule B as compensation for the Services provided by the Consultant. 5.1.2 The fees for Defined Remuneration Services, whether rendered as Basic Services or Additional Services, may be, on written agreement by the parties, either a lump sum fee or a fee based on the actual hours reasonably expended in performing such Defined Remuneration Services at the hourly charge out rates set out in Schedule B, but shall not exceed the maximum amount, if any, specified in Schedule B. 5.1.3 The fees for variable Remuneration services, whether rendered as Basic Services or Additional Services, shall be based on the actual hours reasonably expended in performing such Variable Remuneration Services at the hourly charge out rates as set out in Schedule B, but shall not exceed the maximum amount, if any, as estimated and approved under paragraph 6.3.

5.2 Disbursements 5.2.1 In addition to other amounts payable to the Consultant for the Services under this

Agreement, the Client shall pay the Consultant the Consultant’s actual out of pocket costs for the items set out below, as reasonably incurred by the Consultant or the Sub-Consultants to perform the services and substantiated by supporting invoices reasonably acceptable to the Client (called in the aggregate the “Disbursements”), plus, unless specified otherwise in this Agreement, a 10% markup on all Disbursements. Disbursements mean the cost of:

i. Reproduction of documents including reports or submissions to the Client or

authorities having jurisdiction, and tender and construction documents; ii. Messenger or courier services, long distance telephone calls, faxes and postage; iii. Advertising on behalf of the Client, with the Client’s prior written approval; iv. Travel expenses, with the Client’s prior written approval; v. Fees, including user fees, paid to authorities having jurisdiction in order to obtain

necessary approvals, permits or licenses; vi. Fees paid to any authority having jurisdiction in order to obtain required record

information or data; vii. Federal, provincial, or municipal taxes paid by the Consultant in respect of the

Services; viii. Testing and laboratory services; ix. Additional insurance required by the Client in excess of the insurance coverage

specified in this Agreement; x. Expenses to provide, operate and maintain a Project site office, with the Client’s

prior written approval; xi. Expenses to provide and operate specialized equipment of a kind not normally

used by consultants providing services similar in nature and scope to the

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Services, with the Client’s prior written approval, including, where requested by the Client, the applicable charge-out rates and an estimated total cost of using such equipment;

xii. Expenses to provide digitized data or transparency reproduction of plans, drawings, designs or models, if requested by the Client;

xiii. Items specifically identified in Schedule B; xiv. Other costs reasonably incurred by the Consultant in the performance of the

Services with the prior written approval of the Client.

5.3 Sub-Consultants 5.3.1 In addition to any other amounts payable by the Client to the Consultant under this Agreement, the Client will reimburse the Consultant for the fees and Disbursements the Consultant pays to Sub Consultants as follows:

i. Lump Sum Fees – If a Sub-Consultant undertakes Services which the Client and

the Consultant have agreed will be paid for on a lump sum basis, whether undertake as Basic Services or Additional Services, then all fees payable by the Client will be included in the lump sum, and no additional amount will be payable by the Client on account of the Sub Consultant’s fees the Consultant pays to the Sub-Consultant;

ii. Hourly Rate Fees – If a Sub-Consultant undertakes Services which the Client and the Consultant have agreed will be paid for based on the actual hours expended in performing such Services, whether undertaken as Basic Services or Additional Services, then the Client will reimburse the Consultant for the actual amount of fees the Consultant pays to the Sub-Consultant, plus a markup of 5% on the Sub-Consultant fees;

iii. Disbursements – In addition to the fees as described in sub paragraph (i) and (ii) above, the Client will reimburse the Consultant for amounts the Consultant pays a Sub-Consultant for Disbursements, without markup to the Consultant. (A Sub-Consultant may claim its actual out of pocket costs of Disbursements as reasonably incurred in undertaking the Services, plus the markup specified in paragraph 5.2.1, or other markup as specified otherwise in this Agreement, on all such Disbursements).

6.0 Payment

6.1 Payment Procedures

6.1.1 Each month, the Consultant shall submit to the Client an invoice for the Consultant’s fees and Disbursements, and any charges of Sub-Consultants retained by the Consultant upon the Client’s request as provided in this Agreement. Each invoice will be accompanied by supporting documentation as may reasonably be required by the Client.

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6.1.2 The Client shall pay such invoices in full within thirty (30) calendar days of receipt. If the Client reasonably determines that the full amount of an invoice is not owing then the Client will pay the amount it determines is owing, and forthwith provide the Consultant with written reasons for any deduction in the amount of the invoice. 6.1.3 The Client will only pay the Consultant a maximum limit of 80% of the total upper fee limit (Design Phase Only) until the completion of the 100% Design. 6.1.4 Accounts unpaid by the Client thirty (30) calendar days after presentation shall bear monthly interest calculated at 2% per annum over the prime commercial lending rate of the Royal Bank of Canada, which amount shall be due and payable until payment. Such interest shall be calculated and added to any unpaid amounts monthly.

6.2 Defined Remuneration Services 6.2.1 Monthly claims for Defined Remuneration Services shall be based either on the actual hours of work performed by the Consultant and Sub-Consultants, or the percentage of the Services completed, depending on the manner of compensation agreed upon by the parties under paragraph 5.1.2, but the aggregate of all such claims shall not exceed the maximum amount, if any, specified in Schedule B. If compensation for Defined Remuneration Services is agreed by the parties to be based on actual hours of work performed as provided in paragraph 5.1.2, the Consultant shall keep, or cause to be kept, timesheets to support the hourly effort and shall make them available for review by the Client upon request.

6.3 Variable Remuneration Services 6.3.1 Without limiting any other provision of this Agreement, the Consultant shall keep separate records of the hours and Disbursements applicable to the provision of any Variable Remuneration Services and, unless otherwise agreed in writing between the parties, shall submit to the Client a weekly summary, within 3 Business days after the end of each week, setting out the Variable Remuneration Services performed in the previous week and applicable fees, together with an updated projection of Variable Remuneration Services still to be provided and the estimated fees and Disbursements to completion. If the Client does not dispute the fees set out in the summary by written notice to the Consultant within 7 Business Days of receipt, the fees and the updated projection will be deemed to be accepted by the Client and the fees and Disbursements shall be invoiced and paid in accordance with paragraph 5. 6.3.2 The Consultant shall not undertake any Variable Remuneration Services, whether or not identified in Schedule A, without the prior written approval from the Client. Prior to proceeding with any Variable Remuneration Services, the Consultant shall provide the Client with a description of the scope of the Variable Remuneration Services to be performed and a cost estimate breakdown for the performance of such Variable Remuneration Services. If the Client grants its permission for the performance of such Variable Remuneration Services, the Consultant shall not exceed the scope or the cost estimate accepted by the Client without first providing timely written notice to

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the Client setting out the revised scope and/or cost estimate and a reasonable justification for the increase in scope and/or costs. The Consultant shall not proceed to provide Variable Remuneration Services in excess of the Client approved scope and cost estimate without the Client’s prior written approval.

7.0 Ownership and Use of Documents

7.1 Service Continuity 7.1.1 The Client acknowledges that all plans, specifications, drawings and designs are provided by the Consultant to the Client on the assumption that the Consultant will continue with the Services during construction and installation relating to such plans, specifications, drawings or designs. Accordingly, such plans, specifications, drawings and designs may not be sufficient or reliable on their own in the absence of such continuity of Services. The Client shall give due consideration to continuing with the Consultant’s Services during construction and installation and shall consult with the Consultant prior to retaining any party other than the Consultant to continue the Services during construction and installation. If the Consultant is not retained to provide services during construction and installation then the Consultant shall not be liable in contract or in tort for any loss or damage incurred as a result of any defect or deficiency in any plans, specifications, drawings or designs provided by the Consultant to the Client, except where such defect or deficiency would be obvious or apparent to an experienced professional performing services similar to the Services.

7.2 Ownership 7.2.1 All concepts, plans, drawings, specifications, designs, models, reports, photographs, computer software, surveys, calculations, construction and other data, documents, and processes produced by the Consultant in connection with the Project (the “Instruments of Service”), including all copyright and other intellectual property therein, are and shall at all times remain the property of the Consultant unless otherwise agreed in writing by the parties. 7.2.1 The Client may copy and use any of the Instruments of Service for record and maintenance purposes and for any future renovation, repair, modification and extension work undertaken with respect to that part of the Project to which the Services relate. 7.2.3 In no event shall the Client copy or use any of the Instruments of Service for any purpose other than those noted above or in relation to any project other than the Project without the prior written permission of the Consultant. The Consultant shall not unreasonably withhold or deny such consent but shall be entitled to receive additional equitable remuneration in connection with its grant of consent. 7.2.4 The Client shall have a permanent non-exclusive royalty-free license to use any Instruments of Service which is capable of being patented or registered as a trademark for the life of the Project only. For the purposes of this paragraph, “life of the Project”

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means the period during which the physical asset or assets described on page 1 of this Agreement are designed, under construction or operational. The Consultant shall have full rights to any Instruments of Service arising from his Services which is capable of being patented or registered as a trademark and may use any such Instruments of Service on any other project.

7.3 Changes to Instruments of Service 7.3.1 The Client accepts full responsibility for any changes made to any Instruments of Service without the prior written consent of the Consultant and shall indemnify and hold harmless the Consultant from any claims arising from use of such changed Instruments of Service.

8.0 Insurance and Liability

8.1 General Insurance Requirements 8.1.1 The Consultant shall obtain and maintain insurance policies as specified in Schedule C of this Agreement. 8.1.2 The above insurance policies shall be approved by the Client prior to commencement of the Services, and the Consultant shall provide the Client with satisfactory evidence of such insurance at any time upon request.

8.1.3 All policies shall contain a cancellation clause requiring the insurer to give at least 30 days’ written notice to the Client prior to policy cancellation.

8.1.4 Should the Consultant neglect to obtain or maintain insurance as required under the Agreement, or to provide satisfactory evidence of such insurance to the Client upon request, the Client may elect to either secure such insurance, at the Consultant’s cost and without terminating the Agreement, in which event the Consultant shall reimburse the Client immediately upon demand for any costs reasonably incurred by the Client in that connection, or declare the Consultant to be in default, in which event the provisions of paragraph 10.1 shall apply.

8.2 Additional Insurance 8.2.1 If the Client for any reason requires the Consultant to obtain insurance in addition to that required under this Agreement, the Consultant shall use its best efforts to obtain such additional insurance. The Client will pay the premiums owing for such additional insurance.

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8.3 Limits of Liability 8.3.1 In consideration of the provision of the Services by the Consultant to the Client under this Agreement, the Client agrees that any and all claims which the Client may have against the Consultant, its employees, officers, agents, representatives and Sub-Consultants in respect of the Services, howsoever arising, whether in contract or in tort, save and except for claims arising out of or in connection with any malicious act or malicious omission under paragraph 9.1.1, shall be absolutely limited to the amount of the insurance available at the date such claim is brought, including any deductible portion therein, provided that neither the Consultant nor any of its employees, officers, agents, representatives, nor Sub-Consultants has done anything to prejudice or impair the availability of such insurance. 8.3.2 In no event shall the Consultant be liable for any loss or damage occasioned by delays or other causes or circumstances beyond the Consultant’s reasonable control.

9.0 Indemnity 9.1.1 Notwithstanding the provision of any insurance coverage by the Client, and subject to paragraphs 8.3.1 and 8.3.2, the Consultant shall indemnify and save harmless the Client, its officers, employees, agents, successors, assigns, representatives, Contractors and Other Consultants from and against any losses, claims, damages, actions and causes of action, costs, expenses, judgements and proceedings arising out of or in connection with any error, or negligent or malicious act or omission, by the Consultant, or any of its officers, agents, representatives, employees or Sub-Consultants, except to the proportionate extent of any contributing negligent or wrongful act or omission of the Client, or any of its officers, agents, representatives, employees, Contractors or Other Consultants. The terms and conditions of this indemnity provision shall survive the completion of all Services and the termination of this Agreement for any reason.

10.0 Suspension and Termination

10.1 By Client Due to Default of the Consultant 10.1.1 If the Consultant is in default in the performance of any of the Consultant’s material duties and responsibilities under this Agreement, then the Client may, by written notice to the Consultant, require such default to be corrected. If within 5 Business Days after receipt of such notice, such default shall not have been corrected or reasonable steps to correct such default shall not have been taken, the Client may, without limiting any other right or remedy the Client may have, give a further written notice to the Consultant to terminate this Agreement. In the event of such termination the Client shall pay for the cost of the Services rendered and Disbursements incurred by the Consultant pursuant to this Agreement and remaining unpaid as of the effective date of such termination. Notwithstanding the above, the Client may deduct from amounts owing to the Consultant any reasonable additional costs and expenses incurred as a

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result of the Consultant’s default, and if the payments owing to the Consultant are not sufficient to cover such costs then the Consultant shall immediately pay the Client the shortfall. In the event of termination for default, Termination Expenses shall not be payable by the Client.

10.2 By the Consultant Due to Default of the Client 10.2.1 If the Client fails to make payment to the Consultant in accordance with this Agreement, then the Consultant may, by written notice to the Client, require that such default is corrected. If within 5 Business Days after receipt of such notice such default shall not have been corrected, or reasonable steps taken to correct such default, the Consultant may, without limiting any other right or remedy he may have, give a further written notice to the Client to terminate immediately this Agreement. In such event, in addition to any other rights or remedies the Consultant may have, the Consultant shall be paid by the Client for all Services performed and all Disbursements incurred pursuant to this Agreement and remaining unpaid as of the effective date of such termination, plus Termination Expenses. In the event of any other default by the Client, the Consultant shall only have the right to claim damages, but not the right to terminate this Agreement.

10.3 By the Client for Own Reasons 10.3.1 The Client has the right to suspend or terminate further performance of all or any portion of the Services at any time, for convenience or any other reason, by written notice to the Consultant. Upon receipt of such notice, the Consultant shall immediately discontinue the performance of the Services as instructed, whether being performed by the Consultant or any Sub-Consultants, except to the extent that those Services are reasonably necessary to comply with the Client’s instructions, and shall preserve and protect all work in progress and all completed work. Any contracts related to the Services entered into by the Consultant with the third party including a Sub-Consultant, shall, at the written consent of the Client, be assigned to the client. 10.3.2 In the event of suspension or termination under paragraph 10.3.1, the Client shall, in addition to any other rights or remedies the Consultant may have, pay the Consultant for that portion of the Services satisfactorily performed or completed to the date of the notice, including Disbursements incurred as provided under this Agreement, plus Termination Expenses.

10.4 By Mutual Consent 10.4.1 If the Project is terminated by mutual consent of the parties, the Consultant shall be paid by the Client for all Services performed, and for all Disbursements incurred pursuant to this Agreement and remaining unpaid as of the effective date of such termination, plus Termination Expenses.

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10.5 By the Consultant Due to Client’s Suspension in Excess of 60 days 10.5.1 If the Services are suspended by the Client at any time for more than 60 calendar days, either consecutive or in the aggregate, through no fault of the Consultant, then the Consultant may, at any time until such suspension is lifted by the Client, give written notice to the Client of termination due to suspension. If within 15 Business Days after receipt of such notice, such suspension has not been lifted, the Consultant may, without limiting any other right or remedy the Consultant may have, give a further written notice to the Client to terminate this Agreement. In such event the Consultant shall be paid by the Client for all Services performed and for all disbursements incurred pursuant to this Agreement and remaining unpaid as of the effective date of such suspension, plus Termination Expenses.

10.6 Death or Incapacity 10.6.1 If a party to this Agreement is an individual and dies or becomes incapacitated before completing the Services under this Agreement, this Agreement shall automatically terminate as of the date of the said death or incapacity, and payment shall be made in accordance with this Agreement for the Services performed and Disbursements incurred pursuant to this Agreement and remaining unpaid as of the effective date of termination.

10.7 Failure to Engage Other Consultants or Sub-Consultants 10.7.1 If the Client does not give approval for the engagement of an Other Consultant or Sub-Consultant that under paragraph 3.2.1(e) the Consultant has advised the Client is necessary for the performance of the Services, then the Consultant may give 5 Business Days written notice of intended termination to the Client describing why the engagement of the Other Consultant or Sub-Consultant, as the case may be, is essential for the Consultant to perform the Services, and if the Client has failed or refused to engage the Other Consultant or Sub-Consultant then on further written notice to the Client the Consultant may terminate this Agreement.

11.0 Dispute Resolution

11.1 Purpose 11.1.1 The purpose of this paragraph is to establish a process whereby any dispute or difference of opinion under or in connection with this Agreement can be resolved in a fair, efficient and cost-effective manner.

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11.2 Amicable Negotiation 11.2.1 Both parties shall use their best efforts to resolve any dispute or difference of opinion under or in connection with this Agreement by good faith amicable negotiations on a “without prejudice” basis, and shall provide frank, candid and timely disclosure of all relevant facts, information and documents to facilitate negotiations.

11.3 Mediation 11.3.1 If the dispute or difference of opinion is not resolved to the reasonable mutual satisfaction of the parties within 10 Business Days of the commencement of negotiations, or within such longer period as may be agreed to by the parties, the dispute or difference of opinion shall be submitted to mediation. Both parties agree not to make a request for arbitration or to commence litigation without first seeking agreement through the mediation process. 11.3.2 Mediation shall consist of structured, non-binding negotiations with the assistance of a mediator on a “without prejudice” basis. The mediator shall be appointed by agreement of the parties and shall be impartial and free from any actual or apparent conflict of interest. Failing such agreement, the mediator shall be appointed by the Executive Director of the Master Municipal Construction Document Association. 11.3.3 The costs of mediation shall be shared equally by both parties.

11.4 Arbitration or Litigation 11.4.1 If the dispute or difference of opinion is not resolved to the reasonable mutual satisfaction of both parties within 30 calendar days of the appointment of the mediator, or within such longer time as may be mutually agreed to by the parties, the dispute or difference of opinion may, upon the mutual written agreement of the parties, be submitted to binding arbitration in accordance with the laws of the Province of British Columbia. If the parties do not agree to arbitration, each party shall be free to commence litigation without further notice.

11.5 Disputed Fees 11.5.1 If the dispute relates to the Consultant’s fees or disbursements under this Agreement, the Client shall be entitled to withhold the amount of fees and/or disbursements which are in dispute and the balance of the fees and disbursements not in dispute shall be paid b the Client in accordance with this Agreement.

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12.0 General

12.1 Notices 12.1.1 All notices under this Agreement shall be in writing and delivered by hand, fax or pre-paid registered mail to the recipient’s designated representative at the address set out on page 1 of this Agreement, and shall be considered to have been received:

i. Immediately upon delivery, if delivered by hand; or ii. Immediately upon transmission, if sent by fax, provided a confirmation has

been received; or iii. 3 Business Days from date of mailing, if sent by pre-paid registered mail.

12.1.2 Either party may, at any time, change its address for notice by giving written notice to the other party in accordance with this Agreement.

12.2 Assignment and Successors 12.2.1 Neither party shall assign this Agreement, or any portion of this Agreement, without the prior written consent of the other party. 12.2.2 If a party to this Agreement who is an individual or partnership should desire to bring in a partner or partners, it may do so, and such a change shall not be deemed to be a breach of this Agreement, provided that the other party is first notified in writing. The new or altered entity so created shall be deemed a successor entity to share the benefits and obligations of this Agreement. 12.2.3 If a party to this Agreement is a partnership, and a partner thereof either dies or retires then the remaining partner(s) therein shall be deemed a new successor entity to share the benefits and obligations of this Agreement.

12.3 Rights and Remedies 12.3.1 The duties and obligations imposed by this Agreement and the rights and remedies available under this Agreement shall be in addition to and not in substitution for any duties, obligations, rights and remedies otherwise imposed by or available at law or equity. 12.3.2 No action or failure to act by either party shall constitute a waiver by that party of any of its rights or remedies, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach under this Agreement.

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12.4 Conflicts of Interest 12.4.1 The Consultant declares and confirms that it has no pecuniary or other interest in the business of any third party that would cause a conflict of interest or be seen to cause a conflict of interest in performing the Services. If any such conflict of interest occurs during the term of this Agreement, then the Consultant shall immediately declare it in writing to the Client and, at the direction of the Client, the Consultant shall promptly and diligently take steps in the satisfaction of the Client to resolve the conflict.

12.5 Independent Contractor 12.5.1 The Consultant shall be, and in all respects be deemed to be, an independent contractor and nothing in this Agreement shall be construed to mean that the Consultant is an employee of the Client, or that any joint venture or partnership exists between the Consultant and the Client.

12.6 Governing Law 12.6.1 This Agreement shall be interpreted and construed according to the Laws of British Columbia.

12.7 Headings 12.7.1 The headings included in this Agreement are for convenience only and do not form part of this Agreement and will not be used to interpret, define or limit the scope or intent of this Agreement.

12.8 Number 12.8.1 Unless otherwise specified, words importing the singular, include the plural and vice versa.

12.9 Enurement 12.9.1 This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective executors, administrators, successors and assigns.

12.10 Entire Agreement 12.10.1 This Agreement constitutes the entire agreement between the parties relating to the matters covered in this Agreement and supersedes al prior agreements, negotiations, understandings and representations between the parties, whether written

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or oral, relating to the subject matter hereof unless specifically provided otherwise in this Agreement.

12.11 Unenforceability 12.11.1 If any provision of this Agreement is found to be invalid, illegal or unenforceable, it shall be severed from this Agreement and any such severance shall not affect the validity, legality or enforceability of the remaining provisions of this Agreement.

12.12 Conflicting Provisions 12.12.1 In the event of a conflict or ambiguity between a provision of Schedule D and another provision of this Agreement, including Schedules A, B, C or E of this Agreement, such other provision will prevail over the provision of Schedule D to the extent of the conflict or ambiguity.

13.0 Other Conditions See Schedule E IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first written above. Consultant (FULL LEGAL NAME OF CORPORATION, PARTNERSHIP OR INDIVIDUAL) (AUTHORIZED SIGNATORY) (AUTHORIZED SIGNATORY) Client (FULL LEGAL NAME OF CLIENT)

24

(AUTHORIZED SIGNATORY) (AUTHORIZED SIGNATORY)

Schedule A

SERVICES

A.1 The Consultant shall perform the following services as Basic Services under this Agreement:

A.1.1 Defined Remuneration Services:

As outlined in the RFP and the Terms of Reference.

A.1.2 Variable Remuneration Services:

Schedule B

FEES

B.1 The Client shall pay the Consultant for Defined Remuneration Services as follows:

The Consultant’s Fee Schedule in their Proposal shall form that basis for Defined Remuneration Services under this agreement.

B.2 The Client shall pay the Consultant for Variable Remuneration Services in

accordance with the following hourly charge out rates: Not Applicable with this Project. B.3 The Disbursement items referred to in paragraph 5.2.1(xiii), if any, shall be as

follows: Disbursements will be compensated as outlined in the Consultants Fee Schedule in their proposal.

Schedule C

INSURANCE

Professional Liability

Insurance

C.1 C.1.1 The Consultant shall obtain and maintain for the duration of the Services and for a minimum of 1 year thereafter, at its own cost, Professional Liability Insurance on terms and from an insurer satisfactory to the Client. C.1.2 The Professional Liability Insurance policy shall insure the Consultant’s legal liability for errors, omissions and negligent acts, to the extent of no less than: $500,000.00 per claim $1,000,000.00 aggregate

General Liability

Insurance

C.2 C.2.1 The Consultant shall obtain and maintain for the duration of the Services, at its own cost, the following insurance, on terms and from insurers satisfactory to the Client: a) Comprehensive General Liability coverage, covering premises and

operations liability; b) Consultant’s Contingency Liability coverage, covering operations of

Sub-Consultants; c) Completed Operations Liability coverage; d) Contractual Liability coverage; and e) Owned and Non-owned Automobile Liability Insurance coverage.

C.2.2 The limits of coverage shall not be less than the following: (a) Bodily Injury Liability - $2,000,000.00 each occurrence;

$2,000,000.00 aggregate products and/or completed operations b) Property Damage Liability - $2,000,000.00 each occurrence;

$2,000,000.00 aggregate products and/or completed operations c) Owned & Non-owned Automobile - $2,000,000.00 any one accident

C.2.3 A Cross Liability clause shall be made part of the Comprehensive General Liability Insurance. C.2.4 The City of Nanaimo should be named as additionally insured.

Schedule D

PROPOSAL

(see attached)

Schedule E

ARTICLE 13 - OTHER CONDITIONS

The following provisions, if any, constitute Article 13 of this Agreement and amend, modify and supplement Articles 1 through 12 of this Agreement to the extent required. In the event of any conflict or inconsistency between the provisions of this Schedule E and any provision of Articles 1 through 12 of this Agreement, the provisions of this Schedule E shall prevail to the extent of that conflict or inconsistency.

SCHEDULE C

PRIME CONTRACTOR AGREEMENT

For

2017 Nanaimo Transportation Surveys

PRIME CONTRACTOR

AGREEMENT

Date: Meeting Location: Firm Name:

CITY OF NANAIMO Contract #:

Prime Contractor: Prime Contractor’s Superintendent: City’s Contract Representative: AGREEMENT The Prime Contractor:

Acknowledges appointment as Prime Contractor defined by WorkSafeBC OH&S Regulations Sections 20.2 and 20.3, and in the Workers’ Compensation Act, Sections 118 Clauses 1 and 2.

Understands the Owners duties as defined in the Workers’ Compensation Act, Section 119. Understands for any discrepancy establishing health and safety protocol, WorkSafeBC OH&S Regulation and/or the Workers’ Compensation Act (Part 3) shall prevail.

Acknowledges being informed of any known workplace hazards by the owner or owner’s delegate, by signing attached “Existing Known Hazard Assessment” form.

Shall communicate known hazards to any persons who may be affected and ensure appropriate measures are taken to effectively control or eliminate the hazards.

Shall ensure all workers are suitably trained and qualified to perform the duties for which they have been assigned.

Shall ensure or coordinate first aid equipment and services as required by WorkSafeBC OH&S Regulation.

Shall coordinate the occupational health and safety activities for the project. Assumes responsibility for the health and safety of all workers and for ensuring compliance by all workers with the Workers Compensation Act (Part 3) and WorkSafeBC OH&S Regulation.

Understands any WorkSafeBC violation by the Prime Contractor may be considered a breach of contract resulting in possible termination or suspension of the contract and/or any other actions deemed appropriate at the discretion of the City.

Understands any penalties, sanctions or additional costs levied against the Prime Contractor will be the responsibility of the Prime Contractor.

Accepts the following required documents shall be maintained and made available upon request from the City and/or WorkSafeBC Prevention officer at the workplace.

The documents required to be maintained and available by the Prime Contractor will include, but not be limited to:

All notices which the Prime Contractor is required to provide to WorkSafeBC as per WorkSafeBC OH&S Regulation.

Any written summaries of remedial action taken to reduce occupational health and safety hazards within the area of responsibility.

All directives and inspection reports issued by WorkSafe BC. Records of any incidents and accidents occurring within the Prime Contractor’s area of responsibility.

Completed accident investigations for any incidents and accidents occurring within the Prime Contractor’s area of responsibility.

On a construction workplace, these additional documents are required to be maintained and available by the Prime Contractor: • Records of all orientation and regular safety meetings held between contractors and their

workers, including topics discussed, worker names and companies in attendance. • Written evidence of regular inspections within the workplace. • Occupational first aid records. • Worker training records. • Current list of the name of a qualified person designated to be responsible for each

subcontractor (employer’s) site health and safety activities. • Diagram of the emergency route to the hospital. The following information must be provided to the City Contract Representative:

WorkSafeBC Notice of Project

WorkSafeBC Clearance Letter

Prime Contractor’s OH&S Safety Program

Prime Contractor’s OH&S Safety Program Document

First Aid Attendants:

Safety Supervisor:

Location of First Aid Station: Signature of Prime Contractor:

Signature of City Contract Representative:

EXISTING KNOWN HAZARD ASSESSMENT Discussion between the Prime Contractor and the City Contract Representative Date: Meeting Location: Prime Contractor: Prime Contractor Representative: City Contract Representative to make the Prime Contractor aware of any known extraordinary

pre-existing hazards peculiar to the contract. It is recognized the known pre-existing hazards identified may not be a comprehensive list and

due caution is always required. Use additional pages if necessary.

Identified Extraordinary Hazards Action required to eliminate or control hazards and ensure worker safety

Comment:

Comment:

Comment:

Prime Contractor Representative (signature)

City Contract Representative (signature)

Prime Contractor Representative (printed)

City Contract Representative (printed)