REQUEST FOR TENDER No GENERAL INSURANCE BROKERAGE SERVICES FOR PROPERTY, BOILER & MACHINERY and CRIME

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1 REQUEST FOR TENDER No GENERAL INSURANCE BROKERAGE SERVICES FOR PROPERTY, BOILER & MACHINERY and CRIME Issue date: February 10, 2016 Closing location: Purchasing Department 2020 Labieux Road Nanaimo, B.C. V9T 6J9 Closing date and time: Prior to 3:00 PM Pacific Time on February 23, 2016 City Contact: Kurtis Felker Manager, Purchasing & Stores Telephone:

2 Invitation The purpose of this Request for Tender process is to select a qualified and experienced Insurance Broker to supply insurance brokerage services on behalf and for the benefit of the City of Nanaimo. Such services are, but, not limited to: 1. Property insurance for buildings, contents and mobile equipment. 2. Boiler & Machinery Breakdown 3. Crime The City s current policies for the above expire May 17, On a project specific basis, the City occasionally requires the following construction insurance: 1. Wrap-Up Liability 2. Builder s Risk The City is a member of the Municipal Insurance Association for its Liability Insurance Coverage which is not part of this tender call. Purpose of Tender and Expectations The purpose of this tender process is for the City and the selected Insurance Broker to form a strong working relationship to: a) Provide expertise and make recommendations with respect to insurers, existing coverages, premiums, exposures, terms and conditions, and limits. b) Act as a broker for marketing and placement of new and renewal insurance policies. c) Issue timely policies and endorsements from insurers. d) Review insurance policy wordings to determine compliance with agreed upon terms and conditions. e) Facilitate all claims with insurance companies and assist in advocating for the City on any disputed or problem claim. f) Provide insurance expertise, evaluation of market options and make recommendations with respect to any options. g) Provide advice with respect to insurance coverage for special circumstances and if required, procure any required policies in a timely manner. Evaluation and Selection Process Evaluation of tenders will be by a committee formed by the City of Nanaimo at its sole discretion. All submissions will be evaluated on the fixed fees, capability, and references.

3 Contract Term: The term of this contract will be for a period of three (3) years from date of award. Submission methods: a) Via at the only acceptable address: purchasinginfo@nanaimo.ca Please note the maximum acceptable file size is 8MB or less b) Via hard copy and electronic: One (1) hard copy delivered to the closing location noted above along with an electronic copy on DVD or memory stick. c) Via facsimile at the only acceptable facsimile number: It is the Bidder s responsibility to ensure their tender is received at the closing location prior to the posted closing date and time. Bidders are strongly encouraged to call the Purchasing Department to ensure receipt. Tender must be signed by an officer of the company in a position to legally bind the company to the statements contained within their tender. For inquiries regarding this contract or for clarification, please contact Kurtis Felker, Purchasing Manager, at (250) or kurtis.felker@nanaimo.ca Addenda.1 Direct all questions in writing to the Owner..2 Answers to queries are only binding when confirmed by written Addenda, issued by the City s Purchasing Department..3 Any Addenda will be delivered directly to Bidders whom return the Receipt Confirmation Form. As well, any addenda will be posted on the City s website. If a Bidder does not return the Receipt Confirmation Form, it is their sole responsibility to check the City s website for the latest information prior to submitting a tender..4 All Addenda become part of the Tender Documents and any costs arising from any Addenda are to be included in the tender. Any revision to a previously submitted tender must be in writing and received by the Purchasing Department Office before the closing date & time. A Bidder may withdraw their Tender upon written request received in the Purchasing Department Office any time prior to the closing date and time. All costs incurred to prepare a tender submission shall be borne solely by the Bidder.

4 TENDER FORM No General Insurance Broker Services for Property, Boiler & Machinery, and Crime Page 1 of 2 Date: Submitted by: Address: Telephone: To: C/o City of Nanaimo Purchasing Department 2020 Labieux Road Nanaimo, BC V9RT 6J9 Having carefully examined all of the tender documents including Addenda to issued as supplements thereto, and having examined and complied with Instructions to Bidders, we hereby offer to perform the Work set forth in the aforesaid documents for the Stipulated Contract Price. Prices are in Canadian Dollars and exclude GST. 1. FIXED FEES (excluding GST) Year 1 $ Year 2 $ Year 3 $ 2. CAPABILITY: Provide a resume or Curriculum Vitae of the primary day to day Account Executive whom will be assigned to the City s account including areas of expertise. Provide examples of the Account Executive s successful past performance with accounts similar to the City of Nanaimo. Attach separate pages with your submission. 3. REFERENCES Provide three (3) current references complete with Company name, contact, phone number and address that the City can contact. The City would prefer the references be other Municipal clients. If none, provide other public sector clients of similar size to the City of Nanaimo. Attach separate pages with your submission.

5 TENDER FORM No General Insurance Broker Services for Property, Boiler & Machinery, and Crime Page 2 of 2 4. ACCEPTANCE.1 This Bid is open to acceptance for thirty (30) calendar days from the date of bid closing..2 We understand that the lowest or any Bid will not necessarily be accepted..3 The Owner reserves the right to waive minor defects or irregularities in the bid. Company: Signature: Printed: (Authorized Officer) (Authorized Officer)

6 INSURANCE SUMMARY DOCUMENTS The following summary documents are available to interested insurance brokerage firms only. Requests should be sent to the address Property Coverage Summary Crime Coverage Summary Boiler & Machinery Coverage Summary 4. Property Valuation Summary as at August 2015

7 Claims or Loss History 2015 None 2014 B&M Chiller $54, None 2012 None 2011 B&M Condenser $22, Damaged Backhoe $5, B&M Chillers $18, None 2008 None 2007 Fire Damage to Fire Truck $21, None 2005 Theft of HVAC unit from yard $295, Broken glass windows at Port Theatre $6, B&E Tools $5, Broken glass windows at Port Theatre $18, Broken glass windows at Port Theatre $1, B&E Firehall $2, B&E Aquatic Centre $9, B&E Parks Dept. $1, Theft of Parks Equipment $1, Theft of Roads traffic counter $1, B&E Laptop $6,119

8 TERMS AND CONDITIONS Competency and Qualifications The successful Consultant must have the necessary competence, experience and qualified personnel to carry out all aspects of the work. The successful Consultant will employ properly licensed and trained workers throughout the duration of the contract. Failure to do so could result in termination. Copies of certifications may be requested by the City. Professional Liability Insurance (Errors & Omissions) The successful Consultant and any sub-consultants must have Professional Liability Insurance in a minimum amount of $250, per claim, $1,000, aggregate. Copies of certificate will be requested. Privilege Clause The lowest, or any submission may not necessarily be accepted. Taxes The Contract Price shall include all taxes and customs duties in effect at the time of bid closing except for Value Added Taxes payable by the Owner to the Contractor. Any increase or decrease in costs to the Contractor due to changes in such included taxes and duties after the time of the bid closing shall increase or decrease the Contract Price accordingly. Cancellation The Owner reserves the right to cancel this call for any reason whatsoever without stating reasons therefore. The entire process is subject to final award approval by City of Nanaimo Council or Senior Management Staff whom retains the ability to cancel this procurement process for any reason whatsoever without any compensation to anyone. Ownership of Documents All documents submitted to the City become the property of the City. They will be received and held in confidence by the City, subject to the provisions of the Province of British Columbia s Freedom of Information and Protection of Privacy Act. The successful vendor s name and total dollar value of the final award is public information and may be routinely released (either posted or upon request). Governing Law This agreement shall be governed by the laws of the Province of British Columbia. Assignment/Subcontracting The Consultant shall not assign any of its obligations without the City s prior written agreement and consent.

9 Correspondence Both parties shall designate one person from their respective organizations to be primarily responsible for coordinating contractual and financial matters. Invoicing The Consultant will be solely responsible for invoicing the City ensuring to include the City s Purchase Order number on all invoices to assure timely payment. All invoices are subject to prior review and approval by the City and approved invoices will be paid on a net 30 day basis unless otherwise negotiated and agreed to in writing. If the City does not approve of the services or part of them which are the subject of the invoice, the City shall advise the Consultant in writing of the reasons for non-approval and the Consultant shall remedy at no additional cost to the City before the City shall be obliged to pay the invoice or any part of it, as the case may be. Intellectual Property All information and data, in any form, prepared by the Consultant pusuant to this agreement, together with all designs or materials capable of intellectual property protection, prepared, developed or created by the Consultant, its employees or agents during the performance of and/or pursuant to this agreement shall automatically become the property of the City unless specifically noted otherwise in this agreement. Force Majeure (Act of God) Neither party shall be responsible for any delay or failure to perform its obligations under this Agreement where such delay or failure is due to fire, flood, explosion, war, embargo, governmental action, Act of Public Authority, Act of God or to any other cause beyond its control, except labour disruption. In the event Force Majeure occurs, the party who is delayed or fails to perform shall give prompt notice to the other party and shall take all reasonable steps to eliminate the cause. Should the Force Majeure event last longer than 30 calendar days, the City may terminate this Agreement immediately by written notice to the Consultant without further liability, expense, or cost of any kind. Dispute Resolution Where any dispute arises out of or in connection with this agreement, either party may request the other party to appoint senior representatives to meet and attempt to resolve the dispute either by direct negotiations or mediation. Unresolved disputes may be submitted for final resolution by arbitration administered by the British Columbia International Commervial Arbitration Centre under its Shorter Rules for Domestic Commercial Arbitration in Vancouver, British Columbia, Canada. Alternatively, the Parties may agree, within 30 days of request by a party for final resolution, to submit the dispute for final resolution by arbitration in another manner.

10 Conflict of Interest The Consultant declares that it has no financial interest, directly or indirectly in the business of any third party that would be or be seen to be a conflict of interest in carrying out the services. It warrants that neither it nor any of its officers or directors, or any employee with authority to bind the Bidder, has any financial or personal relationship or affiliation with any elected official or employee of the City or their immediate families which might in any way be seen by the City to create a conflict. Indemnification The Consultant shall indemnify and save harmless the City, its agents, employees and elected officials from and against any and all liability whatsoever for losses, liens, charges, claims, demands, payments, suits, actions, recoveries, and judgments including legal fees and expenses of every nature and description brought or recovered against either the City, its agents and employees, or the consultant by reason of an act,error or omission of the Consultant, its agents employees or licencees in providing the services, including, without limiting the generality of the foregoing, loss or damage to property, injury to or the death of any persons, alleged copyright, patent or other intellectual property rights infringement or interference, defective design or damage to the environment. Local Preference Preference shall be given to suppliers located within the Regional District of Nanaimo where quality, service, and price are equivalent. Consultants Expense Consultants are solely responsible for their own expenses in preparing a submission. If the City elects to reject all Tenders, the City will not be liable to any Consultant for any claims, whether for costs or damages incurred by the Consultant in preparing the Tender, loss of anticipated profit, or any other matter whatsoever. Clarification The City retains the right during the tender evaluation process to seek clarification from Bidders as needed to better understand the intent of the Bidder s tender. This is not to be construed as an opportunity for the Proponent to include new information. Independent Consultant The Consultant shall be, and in all respects be deemed to be, an independent Consultant and nothing in this Agreement shall be construed to mean that the Consultant is an employee of the Owner or that any agency, joint venture or partnership exists between the Consultant and the Owner. The Consultant shall be responsible for providing own employment insurance, WorkSafe BC coverage, business licence, income tax remittance and complying with any other applicable laws and regulations applicable to an independent Consultant.

11 Non-solicitation Consultants and their agents are cautioned that solicitations of City staff, other than the identified City contact person, or members of the City Council or any Committee or Commission formed by or associated with the City during the Tender period, or, anytime prior to award, may be cause for rejection of the Tender, as this will be viewed as one Consultant seeking an unfair advantage over other Consultant. Permits and Regulations The Consultant shall at his own expense, obtain all permits, certificates and licences required by law for the conduct of the work and shall comply with all Federal, Provincial and City Laws, Regulations and Ordinances affecting the execution of the work. Minimum Rate of Pay Minimum rate of pay for work performed under this Contract or under Sub-contract shall be as classified in the current Agreement between the City of Nanaimo and Canadian Union of Public Employees, Local 401. Litigation Clause The City may, in its absolute discretion, reject a Tender submitted by Consultant, if the Consultant, or any officer or director of the Consultant is or has been engaged either directly or indirectly through another corporation in legal action against the City, its elected or appointed officers and employees in relation to: (a) any other contract for works or services; or (b) 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 five years of the date of this Call for Tender. In determining whether to reject a Tender under this clause, the City will consider whether the litigation is likely to affect the Consultant s ability to work with the City, its consultants and representatives and whether the City s experience with the Consultant indicates that the City is likely to incur increased staff and legal costs in the administration of this Contract if it is awarded to the Consultant.

12 RECEIPT CONFIRMATION FORM City of Nanaimo Request for Proposal No GENERAL INSURANCE BROKLERAGE SERVICES Closing date and time: by 3:00 PM, Pacific Standard Time, February 23, 2016 As receipt of this document, and to receive any further information about this Request for Proposal please return this form to: Purchasing Department City of Nanaimo 2020 Labieux Road, Nanaimo, BC, V2T 4M7 Fax: COMPANY NAME: STREET ADDRESS: CITY/PROVINCE: POSTAL CODE: PHONE NUMBER: FAX NUMBER: CONTACT PERSON: ADDRESS: SIGNATURE:

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