SCHEDULE C – FORM OF PROPOSAL RFP Project Title: Insurance Broker Services RFP Reference No.: #1220-030-2011-042 Name of Proponent: Contact Person and Title: Business Address: Telephone: Fax: E-Mail Address: TO: City Representative: Kam Grewal, CMA,BBA, Internal Audit Manager, Acting Purchasing and Accounts Payable Manager City of Surrey, City Operations Works Yard, Purchasing Section, 1st Floor Address: 6645-148 Street, Surrey, B.C. Canada V3S 3C7 Telephone: 604-590-7274 Fax: 604-599-0956 Email for PDF Files: purchasing@surrey.ca Dear Sir: 1.0 I/We, the undersigned duly authorized representative of the Proponent, having received and carefully reviewed all of the Proposal documents, including the RFP and any issued addenda posted on the City Website, and having full knowledge of the Site, and having fully informed ourselves as to the intent, difficulties, facilities and local conditions attendant to performing the Services, submit this Proposal in response to the RFP. [NON-WEBSITE OPTION: I/We, the undersigned duly authorized representative of the Proponent, having received and carefully reviewed all of the Proposal documents, including the RFP and any issued addenda, and having full knowledge of the Site, and having fully informed ourselves as to the intent, difficulties, facilities and local conditions attendant to performing the Services, submit this Proposal in response to the RFP.] 2.0 I/We confirm that the following schedules are attached to and form a part of this Proposal: Schedule C-1 – Statement of Departures; Schedule C-2 – Proponent’s Experience, Reputation and Resources; Schedule C-3 – Proponent’s Technical Proposal (Services); Schedule C-4 – Proponent's Technical Proposal (Schedule); and Schedule C-5 – Proponent’s Financial Proposal. RFP #1220-030-2011-042 Page 38 of 51 3.0 I/We confirm that this proposal is accurate and true to best of my/our knowledge. 4.0 I/We confirm that, if I/we am/are awarded the agreement, I/we will at all times be the “prime consultant” as provided by the Worker's Compensation Act (British Columbia) with respect to the Services. I/we further confirm that if I/we become aware that another consultant at the place(s) of the Services has been designated as the “prime consultant”, I/we will notify the City immediately, and I/we will indemnify and hold the City harmless against any claims, demands, losses, damages, costs, liabilities or expenses suffered by the City in connection with any failure to so notify the City. This Proposal is submitted this _____________________ day of _________________________, 2012. I/We have the authority to bind the Proponent. _______________________________________ _______________________________________ (Name of Proponent) (Name of Proponent) _______________________________________ _______________________________________ (Signature of Authorized Signatory) (Signature of Authorized Signatory) _______________________________________ _______________________________________ (Print Name and Position of Authorized (Print Name and Position of Authorized Signatory) Signatory) RFP #1220-030-2011-042 Page 39 of 51 SCHEDULE C-1 - STATEMENT OF DEPARTURES 1. I/We have reviewed the proposed Contract attached to the RFP as Schedule “B”. If requested by the City, I/we would be prepared to enter into that Contract, amended by the following departures (list, if any): Section 2. Requested Departure(s) / Alternative(s) The City of Surrey requires that the successful Proponent have the following in place before commencing the Services: a) Workers’ Compensation Board coverage in good standing and further, if an “Owner Operator” is involved, personal operator protection (P.O.P.) will be provided, Workers' Compensation Registration Number _________________________________________; b) Prime Consultant qualified coordinator is Name: __________________ and Contact Number: ______________; c) Insurance coverage for the amounts required in the proposed Contract as a minimum, naming the City as additional insured and generally in compliance with the City’s sample insurance certificate form available on the City’s Website, see Consultants Certificate of Insurance; d) City of Surrey business license; e) If the Proponent's Goods and Services are subject to HST, the Proponent's HST Number is ____________________________________; and f) If the Proponent is a company, the company name indicated above is registered with the Registrar of Companies in the Province of British Columbia, Canada, Incorporation Number __________________________________. As of the date of this Proposal, we advise that we have the ability to meet all of the above requirements except as follows (list, if any): Section 3. Requested Departure(s) / Alternative(s) I/We offer the following alternates to improve the Services described in the RFP (list, if any): Section RFP #1220-030-2011-042 Requested Departure(s) / Alternative(s) Page 40 of 51 4. The Proponent acknowledges that the departures it has requested in Sections 1, 2 and 3 of this Schedule C-1 will not form part of the Contract unless and until the City agrees to them in writing by initialling or otherwise specifically consenting in writing to be bound by any of them. RFP #1220-030-2011-042 Page 41 of 51 SCHEDULE C-2 - PROPONENT’S EXPERIENCE, REPUTATION AND RESOURCES Proponents should provide information on the following (use the spaces provided and/or attach additional pages, if necessary): (i) Location of branches, background, stability, structure of the Proponent; (ii) Proponent’s relevant experience and qualifications in delivering Services similar to those required by the RFP; (iii) Proponent’s demonstrated ability to provide the Services; (iv) Proponent’s equipment servicing resources, capability and capacity, as relevant; (v) Proponent’s references (name and telephone number). The City's preference is to have a minimum of three references; (vi) Proponent’s financial strength (with evidence such as financial statements, bank references); (vii) [Optional – other criteria] ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ RFP #1220-030-2011-042 Page 42 of 51 (viii) Proponents should provide information on the background and experience of all key personnel proposed to undertake the Services (use the spaces provided and/or attach additional pages, if necessary): Key Personnel Name: Experience: Dates: Project Name: Responsibility: _______________________________________________________________________ Dates: Project Name: Responsibility: _______________________________________________________________________ Dates: Project Name: Responsibility: _______________________________________________________________________ RFP #1220-030-2011-042 Page 43 of 51 (ix) Proponents should provide the following information on the background and experience of all subconsultants proposed to undertake a portion of the Services (use the spaces provided and/or attach additional pages, if necessary): DESCRIPTION OF SERVICES SUB-CONSULTANTS NAME YEARS OF TELEPHONE NUMBER WORKING AND EMAIL WITH CONSULTANT RFP #1220-030-2011-042 Page 44 of 51 SCHEDULE C-3 - PROPONENT’S TECHNICAL PROPOSAL (SERVICES) Proponents should provide the following (use the spaces provided and/or attach additional pages, if necessary): (i) a narrative that illustrates an understanding of the City’s requirements and Services; (ii) a description of the general approach and methodology that the Proponent would take in performing the Services including specifications and requirements; (iii) a narrative that illustrates how the Proponent will complete the scope of Services, manage the Services, and accomplish required objectives within the City’s schedule; (iv) a description of the standards to be met by the Proponent in providing the Services; (v) [Optional – other criteria] ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ RFP #1220-030-2011-042 Page 45 of 51 SCHEDULE C-4 - PROPONENT’S TECHNICAL PROPOSAL (SCHEDULE) Proponents should provide an estimated schedule, with major item descriptions and time indicating a commitment to perform the Contract within the time specified (use the spaces provided and/or attach additional pages, if necessary). MILESTONE DATES __________________________________ ACTIVITY SCHEDULE 1 RFP #1220-030-2011-042 2 3 4 5 6 7 8 9 Page 46 of 51 10 SCHEDULE C-5 - PROPONENT’S FINANCIAL PROPOSAL Indicate the Proponent’s proposed fee (excluding HST), and the basis of calculation (use the spaces provided and/or attach additional pages, if necessary) as follows (as applicable): (i) monthly fee; (ii) hourly rates for all team members if payment is to be made on an hourly basis; or (iii) lump sum fee. TABLE A Item No. BROKERAGE SERVICES Description i Property, Liability, Crime and Boiler & Machinery policies only ii Fleet Automobile Liability iii Construction Insurance Placements Annual Amount Payment Terms: Fee is due and payable within 30 days of receipt of invoice or at contract inception, whichever is later. SPECIAL PROVISIONS: 1. Only the Fee is in addition to the net premium paid for the Coverages, and it is payable upon receipt of invoices at the inception of this agreement. 2. Commissions are paid by insurers from the premiums the City pays and are earned by the Contractor for the entire policy period at the time the Contractor places the policy with the City. 3. If any insurer requires the Contractor to receive commissions in regard to any of the Coverages, which are inconsistent with the provisions above, the Contractor will promptly notify the City of such commissions and seek the City’s written agreement to receive them. 4. The Contractors compensation may be revised if the City requests a change in the Coverages and/or Services during the Term of this agreement and the Contractor enters into a written agreement documenting any change in Coverages, Services and compensation. 5. In some cases the use of a wholesale broker may be beneficial to the City. The Contractor will not directly or indirectly knowingly place or renew the City’s insurance business through a wholesale broker unless the Contractor firstly discloses in writing to the City as follows: (a) any interest the Contractor has in, or any contractual agreements, the Contractor has with the wholesale broker; and, RFP #1220-030-2011-042 Page 47 of 51 (b) any alternatives to using the wholesale broker; and, (c) any compensation the Contractor or corporate parents, subsidiaries or affiliates will receive as a result; and, obtain the City’s consent to do so. If the Contractor expects to recommend the use of a wholesale broker, any compensation the Contractor or their corporate parents, subsidiaries or affiliates will receive as a result is also included in the total compensation provided for above in this Appendix 2. 6. Other parties such as underwriting managers or managing general agents may also earn and retain usual and customary commissions for their roles in providing insurance products and services to the City. If any such parties are corporate parents, subsidiaries or affiliates of the Contractor, any compensation the Contractor or their corporate parents, subsidiaries or affiliates will receive is included in the total compensation provided for above in this Appendix 2. 7. The City may choose to use a premium finance company, property appraiser, structure settlement firm or other similar service provider in connection with the insurance coverages the Contractor will place for the City. If the City elects to use a service provider from which the Contractor or their corporate parents, subsidiaries or affiliates will receive any compensation directly or indirectly relating to the services the City purchases from the provider, the Contractor will disclose additional information regarding that compensation to the City before the City makes a final decision to use the service provider. 8. In the ordinary course of business the Contractor may also receive and retain interest on premiums the City pays from the date the Contractor receives the funds until the Contractor pays them to the insurers or intermediaries. 9. As an insurance intermediary, the Contractor will act on behalf of the City. However, the Contractor or their corporate parents, subsidiaries or affiliates may provide services to insurers for some insurance products. These services may include (a) acting as a managing general agent, program manager or in other similar capacities which give the Contractor binding authority enabling the Contractor to accept business on the City’s behalf and immediately provide coverage for a risk: (b) arranging lineslips or similar facilities which enable an insurer to bind business for itself and other insurers; or (c) managing lineslips for insurers. Contracts with these insurers may grant the Contractor rights or create certain obligations regarding the marketing of insurance products provided by the insurers. 10. The Contractor may place the City insurance business under such a managing agent’s agreement, binding authority, lineslips or similar facility when we reasonably consider that these match the City’s insurance requirements/instructions. When the Contractor intends to do so, the Contractor will inform the City and disclose the contractual arrangements the Contractor has with the insurer. 11. The Contractor will also provide reinsurance brokerage services to insurers with which City coverage is placed pursuant to separate agreements with those insurers. The Contractor may be compensated by the insurers for these services in addition to any compensation the Contractor may receive for placement of City insurance coverages. RFP #1220-030-2011-042 Page 48 of 51 12. Prices on the Services specified herein are exclusive of all federal, provincial and local sales, use, excise, receipts, gross income and other similar taxes and governmental charges. Any such taxes or charges upon the Services provided hereunder, now imposed or hereafter becoming effective during the term of this agreement, shall be added to the price herein provided and paid by the City unless, in lieu thereof, the City provide the Contractor with a valid tax exemption certificate acceptable to the Contractor. 13. Premium/Handling of Funds The City agrees to provide immediately available funds for payment of premiums by the payment dates specified in the insurance policies, invoices or other payment documents. Failure to pay premium on time may prevent coverage from incepting or result in cancellation of coverage by the insurer. The Contractor will handle any premiums the City pays through the Contractor and any funds which the Contractor receives from insurers or intermediaries for payment or return to you in accordance with the requirements and restrictions of applicable provincial and federal insurance laws and regulations and unclaimed property laws. In some cases the Contractor may transfer the City’s funds directly to insurers. In other case the Contractor may be required to transfer the City funds to third parties such as wholesale brokers, excess and surplus lines brokers, or managing general agents for carrying out transactions for you. 14. 15. If the Contractor terminates this agreement for convenience prior to the expiration of the Term, the Contractor will be deemed to have fully earned and be entitled to a pro rata portion of the Fee, calculated from the start of the Fee period through to the date of termination. If the City terminates this agreement for convenience prior to the expiration of the Term, the Contractor will be deemed to have fully earned and be entitled to a portion of the fee as set forth in the following table: (a) during the first six months: 75% (b) after six months 100% The Contractor’s obligation to render the Services under this Agreement ceases at the end of the Term or on the effective date of termination, whichever is sooner. The Contractor will take reasonable steps to assist in the orderly transition of matters to the City or to a new contractor, whichever the City designates. Claims and premium or other adjustments may arise after expiration or termination. Such items are normally handled by the Contractor at the time of claim or adjustment arises. The Contractor will, process all remaining deposit premium instalments on the policy(ies) in effect at the time of change. RFP #1220-030-2011-042 Page 49 of 51 TABLE B Item No. ADDITIONAL SERVICES Description Estimated Qty. of Hours Hourly Rate Total Amount [Excluding GST] CONSULTING SERVICES i iii Contract Review and General Risk Management Advice. Risk Assessment and Loss Prevention Reports Claims Administration iv Retention Analysis Study v Third Party Risk Analysis vi Third Party Certificate Review vii Environmental Studies, Mergers & Acquisitions, Disaster Recover Planning, Consolidated Holistic All Risk Model viii Earthquake Modelling – MPL ii BUNDLED SERVICES Transaction Services (only includes i. of Brokerage Services in Appendix 2) i N.B. ICBC and Construction insurance as per ii and iii of Brokerage Services in Appendix 2). Consulting Services (only includes i; ii; and iii of Consulting Services as shown above). ii Note: i of Consulting Services includes no more than 3 risk assessment/loss per contract term – any additional inspections will be charged at $___ per location. RFP #1220-030-2011-042 Page 50 of 51 Additional Expenses: All disbursements are included in the above fees options. It should be noted that ancillary coverages such as automobile liability through ICBC would be subject to standard commission rates as published by ICBC (copy attached) and Project specific construction insurance policies will be subject to insurer-paid commissions which will be disclosed at the quotation stage and negotiated with the City as required. Payment Terms: A cash discount of _______% will be allowed if account is paid within _____ days, or the_________ day of the month following, or net 30 days, on a best effort basis. RFP #1220-030-2011-042 Page 51 of 51