HomeMy WebLinkAboutItem 04 Contract Renewal for Risk Broker Services AGENDA ITEM SUMMARY Meeting Date: 3/5/2012
Meeting Type:Regular Meeting
Staff Contact/Dept.: Tom Mugleston/HR
Staff Phone No: 541-726-3724
Estimated Time: Consent Calendar
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Mandate
ITEM TITLE: CONTRACT RENEWAL FOR RISK BROKER SERVICES
ACTION
REQUESTED:
Authorize City Manager to renew a three-year contract with Beecher Carlson
Insurance Brokerage for risk management brokerage services.
ISSUE
STATEMENT:
Springfield Human Resources desires to renew an agreement with Beecher
Carlson for risk brokerage services.
ATTACHMENTS: 1. C701 Beecher Carlson Insurance Agency LLC Contract
DISCUSSION/
FINANCIAL
IMPACT:
The Insurance Broker of Record is responsible for negotiating property, casualty
and workers compensation insurance policy terms and rates to be submitted to the
City. Additional duties include assisting the City in filing insurance claims,
evaluating premium additions and deductions, loss prevention and advice on
improving the risk program and other insurance related matters.
Beecher Carlson has a long history with the City. They understand local issues and
markets, provide timely and appropriate advice, and are responsive to our needs.
Beecher Carlson is currently paid on a fee basis at $16,000 per year plus
commissions on Worker’s Compensation.
C701 Beecher Carlson Insurance Agency LLC
Page 1 of 8
CITY OF SPRINGFIELD
INDEPENDENT CONTRACTOR AGREEMENT
(Type 3: For Personal Services Contracts Requiring Professional Liability Insurance)
Contract # 701
Dated: January 1, 2012
Parties: City of Springfield (“CITY”)
A municipal corporation of the State of Oregon
and
Beecher Carlson Insurance Agency
LLC
(“Independent Contractor”)
Additional Independent Contractor Information:
A. Type of Entity: Sole Proprietorship Partners Limited Liability Company Corporation
B. Address: 220 NW 2nd Ave. Suite 800 Portland, OR 97209
C. Telephone: 503.219.3270
D. Fax No: 503.914.5470
E. SSN or Fed. I.D. No: N/A # on file
F. Professional License(s) No:
G. Oregon Agency Issuing License:
H. Foreign Contractor Yes No
(Foreign means not domiciled in or registered to do business in Oregon) See Exhibit B(11).
CITY Account Number(s) To Be Charged (Include Percentages):
Account Number Percentage
In consideration of the mutual covenants contained herein, the parties agree to the following terms,
provisions and conditions:
1. Payment by CITY. CITY shall pay Independent Contractor a fee annually for the term of the
Agreement in an amount not to exceed $8,000 from Jan. 1, 2012 to June 30, 2012, $16,480 from July
1, 2012 to June 30, 2013 and $16,974.40 from July 1, 2013 to June 30, 2014 . The fee will be
inclusive of all fees for Property & Casualty Insurances. Invoicing to be sent annually to Tom
Mugleston, City of Springfield, 225 5thStreet, Springfield, OR 97477 beginning July 1, 2012.
2. Services to be Performed by Independent Contractor. Independent Contractor shall perform the
Risk Broker services described in Attachment 1 and will be compensated according to the Fee
Schedule described in Attachment 2, both attached hereto and incorporated herein by this reference.
ATTACHMENT 1, PAGE 1 of 27
C701 Beecher Carlson Insurance Agency LLC
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3. Term. This Agreement is effective as of the date first set forth above and shall continue until June
30, 2014, unless earlier terminated in accordance with the provisions of this Agreement or by mutual
consent of the parties. This Agreement can be extended for two (2) additional one-year periods upon
agreement of both parties which includes the review and approval of the Springfield Common
Councils in consideration of the requires of the Springfield Municipal Code Section 2.708(3).
4. Independent Contractor Status. By its execution of this Agreement, Independent Contractor
certifies its status as an “Independent Contractor” as that term is used under the laws of the State of
Oregon, and that all performance of any labor or services required to be performed by Independent
Contractor under the terms of this Agreement shall be performed in accordance with the standards
set forth in ORS 670.600, and as more specifically set forth on Exhibit “A” attached hereto and
incorporated herein by this reference.
5. Conformance with Oregon Public Contracts Law (ORS Chapter 279). Independent Contractor
shall comply with all applicable provisions of Oregon law for public contracts, including, but not limited
to ORS 279B.220, ORS 279B.225, ORS 279B.230, and ORS 279B.235, and as more fully set forth
on Exhibits “A” and “B” attached hereto and incorporated herein by this reference.
6. Work Performed. The work to be performed by Independent Contractor includes services generally
performed by Independent Contractor in his/her/its usual line of business.
7. Tax duties and Liabilities. Independent Contractor shall be responsible for all federal, state and
local taxes, if any, applicable to any payments received pursuant to this Agreement, including but not
limited to income tax, payroll tax, social security and self-employment tax. CITY shall not withhold,
pay, or in any other manner be responsible for payment of any taxes on behalf of Independent
Contractor.
8. Reimbursement Of Expenses. Independent Contractor shall not be entitled to reimbursement by
CITY for any expenses incurred by Independent Contractor unless otherwise agreed in writing.
9. Materials and Supplies. Independent Contractor shall supply all materials and supplies needed to
perform the services required unless otherwise agreed in writing.
10. No Authority To Bind CITY. Independent Contractor shall have no authority to enter into contracts
on behalf of CITY, it’s officers, agents and employees. This Agreement shall not create a partnership
or joint venture of any sort between the parties.
11. Federal Employment Status. In the event payment made pursuant to this Agreement is to be
charged against federal funds, Independent Contractor hereby certifies that it is not currently
employed by the Federal Government and the amount charged does not exceed Independent
Contractor’s normal charge for the type of services provided
12. Indemnification and Hold Harmless. The Independent Contractor shall assume all responsibilities
for the work, and bear all losses and damages directly or indirectly resulting to the Independent
Contractor, the City, or to others on account of the character or performance of the work, unforeseen
difficulties, accidents, or any other cause whatsoever. The Independent Contractor shall assume
defense of, indemnify and save harmless the City, its officials, agents, and employees from all claims,
liability, loss, damage and injury of every kind, nature and description, directly or indirectly resulting
from activities in the performance of the Contract, the ownership, maintenance or use of motor
vehicles in connection therewith, or the acts, omissions, operations, or conduct of the Independent
Contractor or any Subcontractor under the Contract or any way arising out of the Contract,
irrespective of whether any act, omission or conduct of the City connected with the Contract is a
condition or contributory cause of the claim, liability loss, damage or injury and irrespective or
whether act, omission, or conduct of the Independent Contractor or Subcontractor is merely a
condition rather than a cause of a claim, liability, loss damage or injury. The Independent Contractor
ATTACHMENT 1, PAGE 2 of 27
C701 Beecher Carlson Insurance Agency LLC
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shall not be liable for nor be required to defend or indemnify, the City relative to claims for damage or
damages resulting solely from acts or omissions of the City, its officials, agents or employees. The
absence of or inadequacy of the liability insurance required in section 13 below shall not negate
Independent Contractor’s obligations in this paragraph.
13. Insurance.
13.1. General Insurance. The Independent Contractor shall maintain in force for the duration of this
agreement a Commercial General Liability insurance policy written on an occurrence basis
with limits not less than $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily
injury or property damage. The policy will contain a “per project” aggregate endorsement.
Automobile Liability (owned, non-owned and hired) insurance with limits not less than
$1,000,000 per occurrence shall be maintained. The City, its employees, officials and agents
will be named as an Additional Insured where operations are being conducted related to this
contract, on the General Liability policy as respects to work or services performed under this
agreement to the extent that the death or bodily injury to persons or damage to property arises
out of the fault of the Independent Contractor or the fault of the Independent Contractor’s
agents, representatives or subcontractors. This insurance will be primary over any insurance
the City may carry on its own.
13.2. Professional Liability. Independent Contractor shall maintain in force during the duration of
this Agreement (and, if it is a claims made policy, for a year following completion of the
project) a professional liability policy, approved by the City’s Risk Manager as to terms,
conditions and limits.
13.3. Asbestos Abatement. (Only applicable to Asbestos Contracts) The Commercial General
Liability policy shall be written on a form that meets the following criteria and must be ASBESTOS
SPECIFIC as follows:
a. A full occurrence form, or
b. A limited occurrence form with at least a three-year (3) tail, or
c. A claim made form with a three-year (3) tail.
13.4. Workers’ Compensation. Independent Contractor shall provide and maintain workers’
compensation coverage for its employees, officers, agents, or partners, as required by
applicable workers’ compensation laws. If Independent Contractor is exempt from coverage, a
written statement signed by Contractor so stating the reason for the exemption shall be provided
to the City.
13.5. Evidence of Insurance Coverage. Evidence of the required insurance coverages issued by an
insurance company satisfactory to the City shall be provided to the City by way of a City
approved certificate of insurance before any work or services commence.
13.6. Notice of Cancellation or Material Change in Coverage. The certificate of insurance shall
contain a requirement that the Insurance company notify the City 30 days prior to any
cancellation or material change in coverage. If the approved insurance company will not
provide this 30 day notice, the Contractor shall provide written notice to the City contract
manager within 2 days after the Contractor becomes aware that their coverage has been
canceled or has been materially changed. The Contractor shall either fax 541-726-3782 said
notice or email it directly to Bob Duey (rduey@springfield-or.gov), Finance Director at the City.
Regardless of what circumstances caused Contractors insurance coverage to cease or be
modified, it is the contractor’s responsibility to notify the City. Failure to maintain proper
insurance or provide notice of cancellation or modification shall be grounds for immediate
termination of this contract.________(Contractor initials)
13.7. Equipment and Material. The Independent Contractor shall be responsible for any loss,
damage, or destruction of its own property, equipment, and materials used in conjunction with
the work.
13.8. Subcontractors. The Independent Contractor shall require all subcontractors to provide and
maintain general liability, auto liability, professional liability (as applicable), and workers’
compensation insurance with coverage’s equivalent to those required of the general contractor in
this contract. The Independent Contractor shall require certificates of insurance from all
subcontractors as evidence of coverage.
ATTACHMENT 1, PAGE 3 of 27
C701 Beecher Carlson Insurance Agency LLC
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13.9. Exception or Waivers. Any exception or waiver of these requirements shall be subject to review
and approval from the City’s Risk Manager.
14. Termination. The performance of work under this Agreement may be terminated by CITY, in whole
or in part, whenever for any reason CITY shall determine that such termination is in the best interest
of CITY. Any such termination shall be effected by delivery to the Independent Contractor of a Notice
of Termination specifying the extent to which performance of the work under the Agreement is
terminated and the date on which such termination is effective. Upon delivery to the Independent
Contractor of a Notice of Termination under this paragraph, the Independent Contractor and CITY
shall, by agreement, make an appropriate written modification to this Agreement governing
completion of portions of the independent Contractor’s work and payment therefore by CITY.
15. Rights In Data. All original written material, including programs, card decks, tapes, listings, and
other documentation originated and prepared for CITY pursuant to this Agreement, shall become
exclusively the property of CITY. The ideas, concepts, know-how, or techniques developed during
the course of this Agreement by Independent Contractor personnel can by used by either party in any
way it may deem appropriate. Material already in Independent Contractor’s possession,
independently developed by Independent Contractor outside the scope of this Agreement, or rightfully
obtained by Independent Contractor from third parties, shall belong Independent Contractor. This
agreement shall not preclude Independent Contractor from developing materials which are
competitive, irrespective of their similarity to materials which might be delivered to CITY pursuant to
this Agreement. Independent Contractor shall not, however, use any written materials developed
under this Agreement in developing materials for others, except as provided in this section.
16. Confidentiality. During the course of performance hereunder, Independent Contractor or its agent,
employees, or contractors, may receive confidential information. Independent Contractor agrees to
use its best efforts to maintain the confidentiality of such information and to inform each agent and
employee performing services of the confidentiality obligation that pertains to such information.
17. Assignment/Subcontract. Independent Contractor shall not assign, sell, transfer, subcontract or
sublet rights, or delegate responsibilities under this agreement, in whole or in part, without the prior
written approval of CITY. No such written approval shall relieve Independent Contractor of any
obligations of this Agreement, and any transferee or subcontractor shall be considered the agent of
Independent Contractor. Independent Contractor shall remain liable as between the original parties
to this Agreement as if no such assignment had occurred.
18. Successors In Interest. The provisions of this Agreement shall be binding upon and shall inure to
the benefit of the parties to this Agreement and their respective successors and assigns.
19. Compliance With All Government Regulations. Independent Contractor shall comply with all
Federal, State and local laws, codes, regulations and ordinances applicable to the work performed
under this Agreement. Failure to comply with such requirements shall constitute a breach of contract
and shall be grounds for termination of this Agreement. Damages or costs resulting from
noncompliance shall be the sole responsibility of Independent Contractor.
20. Attorney Fees. In the event a lawsuit of any kind is instituted on behalf of CITY to enforce any
provision of this Agreement, Independent Contractor shall pay such additional sums as the Court may
adjudge reasonable for attorney fees plus all costs and disbursements at trial and on any appeal.
21. Force Majeure. Neither party to this Agreement shall be held responsible for delay or default caused
by fire, riot, acts of God and/or war which is beyond that party’s reasonable control. CITY may
terminate this Agreement upon written notice after determining such delay or default will
unreasonably prevent successful performance of the Agreement.
ATTACHMENT 1, PAGE 4 of 27
C701 Beecher Carlson Insurance Agency LLC
Page 5 of 8
22. Assistance Regarding Patent And Copyright Infringement. In the event of any claim or suit
against CITY on account of any alleged patent or copyright infringement arising out of the
performance of this Agreement or out of the use of any material furnished or work or services
performed hereunder, Independent Contractor shall defend CITY against any such suit or claim and
hold CITY harmless from any and all expenses, court costs, and attorney’s fees in connection with
such claim or suit.
23. Severability. If any provision of this Agreement is declared by a court to be illegal or in conflict with
any law, the validity of the remaining terms and provisions shall not be affected; and the rights and
obligations of the parties shall be construed and enforced as if the Agreement did not contain the
particular provision held to be invalid.
24. Access To Records. CITY and its duly authorized representatives shall have access to books,
documents, papers and records of Independent Contractor which are directly pertinent to this
Agreement for the purpose of making audit, examination, excerpts and transcripts.
25. Waiver. Failure of CITY to enforce any provision of this Agreement shall not constitute a waiver or
relinquishment by CITY of the right to such performance in the future nor of the right to enforce any
other provision of this Agreement.
26. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or
amended in any manner whatsoever, without prior written approval of CITY, No modification of this
Agreement shall bind either party unless reduced to writing and subscribed by both parties, or
ordered by a Court.
27. Nondiscrimination. Independent Contractor shall comply with all applicable requirements of Federal
and State civil rights and rehabilitation statutes, rules and regulations.
28. Dual Payment. Independent Contractor shall not be compensated for work performed under this
contract from any CITY agency other than the agency which is a party to this contract.
29. Remedies. This Agreement shall be governed by and construed in accordance with the laws of the
State of Oregon, and any litigation arising out of this Agreement shall be conducted in the courts of
the State of Oregon, County of Lane.
30. Entire Agreement. This Agreement signed by both parties is the parties’ final and entire Agreement
and supersedes all prior and contemporaneous oral or written communications between the parties,
their agents and representatives. There are no representations, promises, terms, conditions or
obligations other than those contained herein.
IN WITNESS WHEREOF the parties have executed this Agreement to be effective the date first
set forth above.
CITY OF SPRINGFIELD: INDEPENDENT CONTRACTOR
By: By:
Name: Name:
Title: Title:
Date: Date:
ATTACHMENT 1, PAGE 5 of 27
C701 Beecher Carlson Insurance Agency LLC
Page 6 of 8
EXHIBIT “A”
CITY OF SPRINGFIELD
INDEPENDENT CONTRACTOR AGREEMENT
Independent Contractor Status
All performance of any labor or services required to be performed by Independent Contractor
shall be performed in accordance with the standards set forth in ORS 670.600 (2005), and as
follows:
A person is customarily engaged in an independently established business if any three of the
following six requirements are met:
1. The person maintains a business location:
a. That is separate from the business or work location of the person for whom the
services are provided; or,
b. That is in a portion of the person’s residence and that portion is used primarily
for the business.
2. The person bears the risk of loss related to the business or the provision of services as
shown by factors such as:
a. The person enters into fixed-price contracts;
b. The person is required to correct defective work;
c. The person warrants the services provided; or,
d. The person negotiates indemnification agreements or purchases liability
insurance, performance bonds or errors and omissions insurance.
4. The person provides contracted services for two or more different persons within a 12-
month period, or the person routinely engages in business advertising, solicitation or
other marketing efforts reasonably calculated to obtain new contracts to provide similar
services.
5. The person makes a significant investment in the business, through means such as:
a. Purchasing tools or equipment necessary to provide the services;
b. Paying for the premises or facilities where the services are provided; or
c. Paying for licenses, certificates or specialized training required to provide the
services.
6. The person has the authority to hire other persons to provide or to assist in providing
the services and has the authority to fire those persons.
ATTACHMENT 1, PAGE 6 of 27
C701 Beecher Carlson Insurance Agency LLC
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EXHIBIT “B”
City of Springfield
Public Contracts
Conformance with Oregon Public Contractors Laws
Pursuant to Oregon law, every public contract shall contain the following conditions:
1) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided
for in the contract. ORS 279B.220(1)
2) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of
the contract. ORS 279B.220(2).
3) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation
or subdivision thereof, on account of any labor or material furnished. ORS 279B.220(3).
4) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279B.220(4).
5) If the agreement is for lawn and landscape maintenance, it shall contain a condition requiring the contractor to salvage, recycle,
compost or mulch yard waste material at an approved site, if feasible and cost-effective. ORS 279B.225.
6) Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care
services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the
contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of
employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply
with ORS 656.017. ORS 279B.230.
7) A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity,
emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services
designated under ORS 279A.055, the employee shall be paid at least time and a half pay:
a) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive
days; or
b) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four
consecutive days, Monday through Friday; and
c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020.
An employer must give notice in writing to employees who work on a public contract, either at the time of hire or before
commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day
and days per week that the employees may be required to work. ORS 279B.235(1)-(2).
8) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half
for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are
excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from receiving overtime. ORS 279B.235(3).
9) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half
pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(1)(b)(B)-(G) and for
all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. Employer shall
give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of work on
the contract, or by posting a notice in a location frequented by employees, of the number hours per day and days per week that the
employees may be required to work. ORS 279B.235(5).
If this agreement is for a public improvement, the contract shall contain the following conditions:
10) Make payment promptly, as due, to all persons supplying to the contractor labor or material for the performance of the work provided
for in the contract. ORS 279C.505(1)(a).
11) Pay all contributions or amounts due the Industrial Accident Fund from the contractor or subcontractor incurred in the performance of
the contract. ORS 279C.505(1)(b).
12) Not permit any lien or claim to be filed or prosecuted against the state or a county, school district, municipality, municipal corporation
or subdivision thereof, on account of any labor or material furnished. ORS 279C.505(1)(c).
13) Pay to the Department of Revenue all sums withheld from employees under ORS 316.167. ORS 279C.505(1)(d).
14) The contractor shall demonstrate that an employee drug testing program is in place. ORS 279C.505(2).
ATTACHMENT 1, PAGE 7 of 27
C701 Beecher Carlson Insurance Agency LLC
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15) If the contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to the contractor or
subcontractor by any person in connection with the public improvement contract as the claim becomes due, the proper officer or
officers representing the state or a county, school district, municipality, municipal corporation or subdivision thereof, as the case may
be, may pay such claim to the person furnishing labor or services and charge the amount of the payment against the funds due or to
become due the contract by reason of the contract. If the contractor or first-tier subcontractor fails, neglects or refuses to make
payment to a person furnishing labor or materials in connection with the public improvement contract within 30 days after receipt of
payment from the contracting agency or a contractor, the contractor or first-tier subcontractor shall owe the person the amount due
plus interest charges commencing at the end of the 10-day period that payment is due under ORS 279C.580(4) and is subject to a good
faith dispute as defined in ORS 279C.580. If the contractor or a subcontractor fails, neglects or refuses to make payment to a person
furnishing labor or materials in connection with the public improvement contract, the person may file a complaint with the
Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580. ORS 279C.515.
16) The payment of a claim does not relieve the contactor or the contractor’s surety from obligation with respect to any unpaid claims.
ORS 279C.515(4).
17) A person may not be employed for more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity,
emergency or when the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services
designated under ORS 279C.100, the employee shall be paid at least time and a half pay:
a) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive
days; or,
b) For all overtime in excess of 10 hours in anyone day or 40 hours in any one week when the work week is four
consecutive days, Monday through Friday; and,
c) For all work performed on Saturday and on any legal holiday specified in ORS 279B.020. ORS 279C.520(1).
An employer shall give notice in writing to employees who work on a public contract either at the time of hire or before
commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day
and days per week that the employees may be required to work. ORS 279B.520(2).
18) If the agreement is for personal services, the contract shall contain a provision that the employee shall be paid at least time and a half
for all overtime worked in excess of 40 hours in any one week, except for individuals under personal services contracts who are
excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201-209 from receiving overtime. ORS 279C.520(3).
19) Contracts for services must contain a provision that requires that persons employed under contracts shall receive at least time and half
pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279C.540(1)(b)(B)-(G) and for
all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater. An employer
shall give notice in writing to employees who work on a contract for services, either at the time of hire or before commencement of
work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week
that the employees may be required to work. ORS 279C.520(5)
20) Solicitation documents for a public improvement contract shall make specific reference to federal, state and local agencies that have
enacted ordinances, rules or regulations dealing with the prevention of environmental pollution and the preservation of natural
resources that affect the performance of the contract. A solicitation document must also make special reference to known conditions at
the construction site that may require the successful bidder to comply with the ordinances, rules or regulations identified under ORS
279C.525(1). If the successful bidder encounters a condition not referred to in the solicitation documents, not caused by the successful
bidder and not discoverable by a reasonable prebid visual site inspection, and the condition requires compliance with the ordinances,
rules or regulations referred to under ORS 279C.525(1), the successful bidder shall immediately give notice of the condition to the
contracting agency. The successful bidder may not commence work nor incur any additional job site costs in regard to the condition
encountered and described in ORS 279.525(3) without written direction from the contracting agency. ORS 279C.525.
21) Promptly, as due, make payment to any person, copartnership, association or corporation furnishing medical, surgical and hospital care
services or other needed care and attention, incident to sickness or injury, to the employees of the contractor, of all sums that the
contractor agrees to pay for the services and all moneys and sums that the contractor collected or deducted from the wages of
employees under any law, contract or agreement for the purpose of providing or paying for the services. All employers shall comply
with ORS 656.017. ORS 279C.530.
22) A contract for public works shall contain a provision stating the existing state prevailing rate and wage and, if applicable, the federal
prevailing rate of wage required. Every contract and subcontract shall contain a provision that workers shall be paid not less than the
specified minimum hourly rate of wage in accordance with ORS 279C.838. ORS 279C.830(1).
If this agreement is for demolition, the contract shall also contain the following conditions:
23) Contractor must salvage or recycle construction and demolition debris, if feasible and cost-effective. ORS 279C.510(1)
ATTACHMENT 1, PAGE 8 of 27
C701 Beecher Carlson Insurance Agency Page 1of 1
ATTACHMENT 1
Scope of Services
The Insurance Broker of Record will be responsible for negotiating property, casualty and
workers compensation insurance policy terms and rates to be submitted to the City. Additional
duties include providing the services necessary to assist the City filing insurance claims,
evaluating premium additions and deductions, loss prevention and other ways of improving the
risk program, and other insurance related matters.
Broker of Record duties will include but not be limited to the following:
1) Assist the City in identifying insurance risks such as:
a) Valuation of real and personal property and loss of use thereof.
b) Identifying sources of potential loss.
c) Determining proper limits and coverage for estimated risk frequency and severity.
d) Identifying risks from insurance company claim records.
e) Provide actuarial services to determine appropriate risk and reserve levels.
2) Provide loss prevention services to the City overall and individual departments as
requested.
3) Assist the City in insurance purchase by:
a) Determining proper limits and coverages for estimated risk frequency and severity.
b) Evaluating insurance companies as to their fiscal stability and service record.
c) Obtaining competitive premiums for coverage desired. As part of this service the Broker
of Record should present to the City more than one quotation to satisfy the coverage
requested. Accompanying these quotations will be the written analysis of the option
presented along with the recommended choice of the Broker of Record.
d) Supervising accuracy of premium invoices received from reviewing and initialing all
insurance invoices prior to payment.
e) Reviewing policies received for accuracy.
f) Advising the City on policy amendments and accurately amending policies as needed.
g) Advising City on trends in insurance market as to price and capacity and forecasting
insurance premiums for budget preparation.
h) Periodically making an objective review of the City insurance program in view of market
changes
i) Assist the City in developing and documenting a formal risk management plan for both
short and long-range timeframes.
4) Provide day-to-day consultation to Risk Manager and/or staff to include:
a) Working on problem claims and expediting the payment of claims;
b) Meeting with the Risk Manager and/or staff as needed to deal with risk and insurance
issues.
5) Work with City staff regarding certificates of insurance, and resolution of issues involving
construction contractors, consultants, and/or vendors to assist them with the submittal of
certificates of insurance that meet the requirements of the City's solicitation.
6) Provide updated insurance and bond related boilerplates necessary to meet any changes in
the construction and/or insurance industries, and state or federal laws and regulations.
ATTACHMENT 1, PAGE 9 of 27
ATTACHMENT 2
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C701 Beecher Carlson Insurance Agency Page 1of 1
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Scope of Services
The Insurance Broker of Record will be responsible for negotiating property, casualty and
workers compensation insurance policy terms and rates to be submitted to the City. Additional
duties include providing the services necessary to assist the City filing insurance claims,
evaluating premium additions and deductions, loss prevention and other ways of improving the
risk program, and other insurance related matters.
Broker of Record duties will include but not be limited to the following:
1) Assist the City in identifying insurance risks such as:
a) Valuation of real and personal property and loss of use thereof.
b) Identifying sources of potential loss.
c) Determining proper limits and coverage for estimated risk frequency and severity.
d) Identifying risks from insurance company claim records.
e) Provide actuarial services to determine appropriate risk and reserve levels.
2) Provide loss prevention services to the City overall and individual departments as
requested.
3) Assist the City in insurance purchase by:
a) Determining proper limits and coverages for estimated risk frequency and severity.
b) Evaluating insurance companies as to their fiscal stability and service record.
c) Obtaining competitive premiums for coverage desired. As part of this service the Broker
of Record should present to the City more than one quotation to satisfy the coverage
requested. Accompanying these quotations will be the written analysis of the option
presented along with the recommended choice of the Broker of Record.
d) Supervising accuracy of premium invoices received from reviewing and initialing all
insurance invoices prior to payment.
e) Reviewing policies received for accuracy.
f) Advising the City on policy amendments and accurately amending policies as needed.
g) Advising City on trends in insurance market as to price and capacity and forecasting
insurance premiums for budget preparation.
h) Periodically making an objective review of the City insurance program in view of market
changes
i) Assist the City in developing and documenting a formal risk management plan for both
short and long-range timeframes.
4) Provide day-to-day consultation to Risk Manager and/or staff to include:
a) Working on problem claims and expediting the payment of claims;
b) Meeting with the Risk Manager and/or staff as needed to deal with risk and insurance
issues.
5) Work with City staff regarding certificates of insurance, and resolution of issues involving
construction contractors, consultants, and/or vendors to assist them with the submittal of
certificates of insurance that meet the requirements of the City's solicitation.
6) Provide updated insurance and bond related boilerplates necessary to meet any changes in
the construction and/or insurance industries, and state or federal laws and regulations.
ATTACHMENT 1, PAGE 27 of 27