old corrugated cardboard (occ) please note: a bid security

Number: 9208-17-0107

Refer to: Ted Justin Tel: 416 338-5578

Toronto City Hall Req No.: Email Issued: 1/17/2017

REQUEST FOR OFFERS TO PURCHASE For: Solid Waste Management Services

CLOSING DATE

2/2/2017

DESCRIPTION

Offers are invited for the Purchase and Removal of Old Corrugated Cardboard (OCC) that is collected as a dedicated

product through the City of Toronto's Collection Program, commencing from the date of award for a period of 3 months, 6

months or 12 months, at the sole discretion of the City.

PLEASE NOTE: A Bid security is mandatory with your Bid (refer to Section 12.2)

Public Opening - You are invited to attend a public opening of this “Request for Offers to Purchase” at the time and

location indicated above. Unless otherwise indicated the prices will be read aloud at this time and will not be made

available by telephone until AFTER the award has been made. This generally takes two to three weeks. Contact the

above named buyer at that time to obtain the name of Successful Bidder and the price quoted.

Fax Quotes - Purchasing and Materials Management Division will NOT accept this quotation via fax (facsimile

machine) transmission.

All Tender Calls, Requests for Quotations/Proposals and Offers to Purchase are listed on the City of Toronto

website: www.toronto.ca

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The label on the following page is replacing the

envelope previously provided. Please firmly

affix this address label to the envelope

containing your submission.

Note:

Should you decide to use your own return

envelope in lieu of the label provided above, the

front of your envelope must indicate ALL of

the information shown on the above label.

Purchasing and Materials Management cannot

be held responsible for documents submitted in

envelopes that are not labeled in accordance

with the above instructions.

If you have any questions feel free to contact

the buyer referred to on the Request for Offers

to Purchase form.

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Return Label

------------------------------------------------------cut here----------------------------------------------------

Firm Name

Request for Offers to Purchase No. 9208-17-0107

Closing Date: 12:00 O’Clock Noon, 2/2/2017

Chief Purchasing Official

Purchasing and Materials Management Division

18th Floor, West Tower, City Hall

100 Queen Street West

Toronto Ontario M5H 2N2

Canada

------------------------------------------------------cut here-----------------------------------------------------

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REQUEST FOR OFFERS TO PURCHASE

NUMBER: 9208-17-0107 ISSUED: 1/17/2017 CLOSING 12 NOON ON

REFER TO: Ted Justin, 416 338-5578 REQ. # Email 2/2/2017

FOR: Solid Waste Management Services

1.0 Invitation

The City of Toronto is accepting offers for the recycling of Old Corrugated Cardboard (OCC) that is collected as

dedicated product, commencing from date of award for a period of 3 months (Base Bid), 6 months (Option 1) or 12

months (Option 2), at the sole discretion of the City.

The City of Toronto currently collects a portion of OCC as a dedicated product through the City's collection program.

This material does not include the OCC collected with the single stream recycling through the City's Blue Bin Program.

Please note that a Bid security is mandatory with your Bid (refer to Section 12.2).

PRICE SUMMARY

City Delivery

(Within 161 km)

Price per Tonne

(5 decimal places)

F.O.B. 188 Bermondsey Road

and 50 Ingram Drive

(Greater than 161 km)

Price per Tonne

(5 decimal places)

Base Bid – 3 Month Term -

Mandatory

Total (premium less processing fee)

(Copied from Schedule 1 – Price Form)

(3)

$ . / MT

(3)

$ . / MT

Option 1 – 6 Month Term (optional)


(Copied from Schedule 1 – Price Form )

(3)

$ . / MT

(3)

$ . / MT

Option 2 – 12 Month Term (optional)


(Copied from Schedule 1 – Price Form)

(3)

$ . / MT

(3)

$ . / MT

2.0 Procurement Contact

2.1 Should Bidders have questions regarding any aspect of this Offer to Purchase, they should direct their inquiries

by e-mail, to the attention of:

Ted Justin, Senior Corporate Buyer,

Purchasing & Materials Management Division

Tel: 416- 338-5578

E-mail: [email protected]

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2.2 Bidders are encouraged to submit written questions and specification concerns to the Procurement Contact no

later than five (5) Business Days prior to the Closing Deadline.

Addenda may be issued as a result of questions and comments received prior to the Deadline for written

questions at the sole discretion of the City. Questions received after the Deadline for written questions may not

be addressed.

2.3 If the City does not amend the OTP by way of addendum, then the requirements of the OTP remain unchanged.

3.0 Appendix A and Appendix B

Any reference to Request for Quotations (RFQ) in Appendix A and Appendix B is replaced with Offer to

Purchase (OTP).

4.0 Definitions

In this Offer to Purchase, unless inconsistent with the subject matter or context:

"Bermondsey Transfer Station" means the City's transfer Station located at 188 Bermondsey Road, Toronto,

Ontario;

“Bid” or "Bids" means an offer submitted by a Bidder in response to the OTP, which includes all of the

documentation necessary to satisfy the submission requirements of the OTP;

“Bidder” or "Bidder's" means any legal entity submitting a competitive Bid in response to an OTP;

“Business Day” means any working day, Monday to Friday, inclusive, excluding statutory and other holidays,

namely: New Year’s Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic

Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other day

with the City has elected to be closed for business;

"Buyer" means the City Procurement staff member identified in Section 2.0 of this OTP.

“City” means the City of Toronto;

“Closing Deadline” or “Deadline” means the date, indicated on the OTP or any addenda issued by the City, as

applicable, when Bidders must submit their Bid;

“Contract” means the sales order issued to the Vendor together with the OTP, any schedules thereto and

addenda thereto and the Vendor's Bid. Without limiting the foregoing, such sales order shall incorporate or be

deemed to incorporate all of the provisions of the OTP and the City’s Procurement Policies. The Contract forms

the entire agreement between the Vendor and the City. In the event of conflict or inconsistency between the

provisions set out in the OTP and the sales order or a conflict or inconsistency between the provisions set out in

the OTP and the Bid, the OTP shall prevail in both circumstances;

“Council” means City Council;

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"End Use" or "End Product" means the finished product derived from the OCC.

“End Market” means corporations, organizations or partnerships willing to purchase the OCC for recycling,

but does not include a landfill, transfer station or any other disposal facility;

"HST" means Harmonized Sales Tax;

“including” means “including without limitation” and ”includes” means “includes without limitation”; the use

of the word “including” or “includes” is not intended to limit any statement that immediately precedes it to the

items immediately following it.

“Ingram Transfer Station” means the City's transfer Station located at 50 Ingram Drive, Toronto, Ontario;

“may” and “should” used in this OTP denote permissive (not mandatory);

“must”, “shall” and “will” used in this OTP denote imperative (mandatory); meaning Bids not satisfying

imperative (mandatory) requirements will be deemed to be non-compliant and will not be considered for

Contract award;

“Non-Compliant” means that the OTP has failed one (1) or more mandatory requirement (s) and will not be

considered for Award;

“OCC” means Old Corrugated Cardboard that has been collected as a dedicated product through the City's

collection program;

“OTP” means this Offer to Purchase package in its entirety, inclusive of all appendices, if any, and any bulletins

or Addenda that may be issued by the City;

“Preferred Bidder” means the highest Bidder meeting the requirements of this OTP, as determined by City staff

through the evaluation analysis described in the OTP, which may be awarded a Contract given that the highest

Bidder provides the performance security as stated in Section 16.0;

"Premium" means the quoted price per metric tonne, stated in Canadian currency, to be paid to the City in

addition to the high-point monthly rate posted by the Official Board Market (OBM) Yellow Sheet for Buffalo.

The Premium is a fixed price for the duration of the Contract term. The price of the Premium quoted may be

either positive, zero, or negative value;

"Processing Fee" means the quoted price per metric tonne, stated in Canadian currency, that includes

all applicable charges for the removal/receiving and processing of the OCC including but not limited

to processing costs, residue disposal costs at an Ontario landfill approved by Ontario Ministry of

Environment, fuel surcharges, transportation, mileage, equipment, labour, tools and any other supplies

required;

“Procurement Contact” means the City procurement staff member identified in sub-section 2.1 of this OTP;

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"Residue" means non-OCC components acquired from the processing of OCC;

"Residue Disposal" means Residue that must be disposed at a landfill located in Ontario and approved by the

Ministry of the Environment and Climate Change (MOECC);

"Successful Bidder" means the Bidder which has been awarded the Contract by the City for the services to be

provided under this OTP in accordance with its provisions;

"Transfer Station" means the City facility where the material will be available for pick up;

"Transfer Trailer" means an open-top trailer that does not exceed 53 feet in length and 118 inches in width and

that has walking floor capability;

“Vendor” means the Preferred Bidder which has been awarded the Contract by the City for the services to be

provided under this OTP after receiving the required performance security as set out in section 16.0 in

accordance with its provisions;

5.0 Response Requirements

5.1 Bidders are asked to submit one (1) original clearly marked and identified and one (1) additional hard copy of

their Bid. In the event of deviations between the original and the copy, the original hard copy shall prevail.

5.2 In order to be considered for award, Bidders must submit with their Bid the following:

A completed Chart A as per section 12.6

A completed Schedule 1 - Price Form

A Bid Security (Certified Cheque in the amount of $5,000.00 Canadian funds) as per section 12.2.

6.0 Estimated Quantity

6.1 One (1) Metric Tonne = 1.1023 Tons = 2204.6 Pounds

6.2 It is anticipated that there will be approximately 415 tonnes of OCC per month. However, the City makes no

representation as to the amount that will be available and does not guarantee the provision of any quantity.

6.3 The estimated load weight of a Transfer Trailer top-loaded with unbaled OCC is approximately 15 metric

tonnes. This load weight is an estimate only. The City will not guarantee this weight as a minimum load weight.

6.4 Quantities provided are estimates only and should not be interpreted as indicating a minimum or maximum

order quantity. The projected annual tonnage shall be used as a basis for comparison upon which the award of

the Bid will be made. These quantities are not guaranteed to be accurate and are furnished without any liability

to the City whether decreased or increased.

7.0 Bid Information

Quotations will be accepted for the purchase and receipt and/or removal of unbaled (loose) OCC for the

purposes of recycling the fibre.

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8.0 Scheduling and Delivery of OCC (if facility is within 161 km of Highway 401 and Yonge Street)

& Scheduling and Pick Up of OCC (if facility is located farther than 161 km)

i) The City will deliver the OCC to an approved receiving facility located within 161 kilometres

of the intersection of Highway 401 and Yonge Street.

The City reserves the right to deliver the OCC in closed or open top transport trailers and

therefore, the receiving facility must have an adequate tip floor to accommodate automatic

ejected unloading. Facilities without this capability will not be considered. The adequacy of

the receiving area will be at the City’s sole discretion.

The Successful Bidder will be required to receive the OCC during the period of 7:00 AM

Monday to 6:00 PM Friday to allow for both direct deliveries by the night time collection

trucks and also for delivery by transport trailers.

Throughout the duration of the Contract, a City of Toronto representative will confirm a

delivery schedule with the Successful Bidder by e-mail communication. The Successful

Bidder must provide confirmation by e-mail communication.

If the City must cancel delivery due to unforeseen circumstances, the Successful Bidder will be

notified and the delivery date rescheduled. The Successful Bidder will not be entitled to

compensation for the cancellation.

When evaluating the bids, the City will calculate the City’s haulage cost of an average net load

of 15 metric tonnes at a rate of $2.60 per kilometre, based on the one (1) way trip from

Bermondsey Transfer Station and Ingram Transfer Stations to the receiving address stated in

Chart A. For the evaluation, 50% of the approximate annual tonnage will be applied to each

Transfer Station. This cost will be added to the quoted price if applicable, for evaluation

purposes only, in determining the best value to the City.

The maximum time for unloading must not exceed 30 minutes from the time of arrival. If the

unloading time exceeds the maximum time allowed, the following may occur:

Wait time will be charged at a rate of $130/hour, with a minimum flat charge of $130 within

the first hour.

Upon 3 notifications of such timing issues for unloading, the City may hold the Successful

Bidder in default and the Successful Bidder will be responsible for any additional costs

incurred by the City for delivery of the OCC.

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If the Bidder's receiving facility is located within the City of Toronto, Bidders must complete

Chart A, stating the full address, including postal code, of the facility to which the Old

Corrugated Cardboard will be delivered.

ii) If the receiving facility is located farther than 161 kilometres one way from the Highway 401

and Yonge Street, the Successful Bidder will be required to pick up and haul the OCC in a

closed or open top transport trailer from Ingram Transfer Station located at 50 Ingram Drive,

Toronto and an open top transport trailer from Bermondsey Transfer Station located at 188

Bermondsey Road, Toronto.

Ingram Transfer Station and Bermondsey Transfer Station are being used as storage and

loading facilities only. The OCC associated with this OTP is from the City’s night time OCC

street collection program.

For facilities located farther than 161 kilometres from Highway 401 and Yonge Street, the

Successful Bidder is responsible to arrange and pay for all costs associated with transporting

the material from 50 Ingram Drive and 188 Bermondsey Road.

Throughout the duration of the Contract, a City of Toronto representative will schedule the

pick-up dates at Ingram Transfer Station and Bermondsey Transfer Station with the Successful

Bidder by e-mail communication. A minimum of 48 hours (two Business Days) notice will be

provided for a required pick up. The Successful Bidder must provide confirmation by e-mail

communication.

The Successful Bidder must pick up a load of OCC having been given a minimum of two (2)

Business Days notice from the City of Toronto that the load will be available on a specific

date.

If the Successful Bidder is providing collection, they will be required to pick up the OCC at the

Ingram Transfer Station and Bermondsey Transfer Station on weekdays (Monday to Friday)

between the hours of 6:00 AM. to 6:00 PM. The Successful Bidder will not be required to pick

up material on statutory holidays.

The City's staff will load the Successful Bidder's transport trailer upon arrival at the site.

The transport trailers must not exceed 53 feet in length and 118 inches in width.

The load must be picked up on the scheduled date.

All drivers must conform to the City of Toronto's Health and Safety regulations while on site at the

Ingram Transfer Station and Bermondsey Transfer Station.

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9.0 Failure to Pick up Loads

Failure to pick up a load on the scheduled date and time may result in the following:

The Vendor will be notified of this failure by e-mail, which will serve as notification of failure to carry out

a contractual requirement.

Upon three (3) notifications of failure as described above having taken place within the contract period, the

City may, at its discretion, take any or all of the following actions:

i) The City may terminate the Contract

ii) The City may ship the product to another customer. If the City receives a lower price per tonne, the

Vendor will be invoiced for the balance.

iii) Any storage costs incurred as a result of failure to pick up loads will be charged to the Vendor.

iv) The Vendor may be prevented from bidding on future OTPs

v) The City may draw upon the security to cover related storage costs.

vi) The City may take any other action necessary to recover damages or losses related to the Vendor’s

default.

10.0 Ownership of Material

10.1 The Vendor assumes ownership of the OCC upon scaling the loaded truck out of the Transfer Station.

11.0 Downgrading or Rejection of Loads

The City of Toronto must be notified and agree to any claims for downgrading or rejection of any kind prior to

the processing of each load. The City may elect to have the load(s) returned for examination.

The City’s agreement to downgrading or rejection of loads is subject to proof of contamination provided to the

City within seventy-two (72) hours of pick up by the Vendor. Proof must consist of details of the results, and of

the method of evaluation used, as well as photographic evidence illustrating contamination.

The City contact for issues relating to downgrading or rejection of loads is Andrew Agbanti at (416) 392-4687

or [email protected].

12.0 Mandatory Submission Requirements

12.1 Base Bid

Bidders must state a Base Bid (3 month term) that is comprised of both a Processing Fee and Premium as

listed in Schedule 1 – Price Form or the Bid will be declared Non-Compliant.

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12.2 Bid Security

Bidders are required to submit with their Bid a certified cheque made payable to "City of Toronto –

Treasurer", in the amount of $5,000.00 Canadian funds to act as the Bid security. Any Bid received that does

not satisfy the requirements of the Bid security will be declared Non-Compliant and not considered.

Failure of the Preferred Bidder to provide the full performance security within the time period stated in 15.3

will result in the forfeit of the Bid security to the City of Toronto.

The Bid security will be returned by the Purchasing and Materials Management Division following the award of

the Contract.

12.3 Intended End Use

Quotations must include the intended use for the OCC.

The OCC must be used in an environmentally safe and beneficial process.

Quotations that do not involve the reuse or recycling of the material will not be considered. Offers for energy

recovery from waste will not be considered.

In addition, the Bidder may be required to demonstrate to the City that the processing of the OCC meets the

City’s expectations with regards to environmental impacts, labour, health and safety standards, etc.

Determination of the acceptability of the End Use will be at the sole discretion of the City and the End Use

cannot be changed without the approval of the City.

12.4 Location of End Market

Bid submissions must include the final destination(s) of the OCC where it will be made into the End Product.

The City of Toronto does not allow export of the OCC to countries that are not members of the Organization for

Economic Co-operation and Development (OECD) unless the primary processor can demonstrate that any/all

downstream processors meet or exceed environmental, health and safety standards equal to OECD

Requirements. It is the responsibility of the Bidder to provide any and all appropriate documentation specific

for the country that they are proposing to export to, that would prove that conditions stipulated are the same or

better than OECD Requirements.

Bidders must state the location of the End Market(s) including the City and Province/State, and Country.

Example: Montreal, Quebec, Canada.

12.5 Tracking System Plan

Bidders must submit a tracking system that will monitor and identify the transportation of the OCC from point

of ownership to its final location and End Market(s), as stated in 12.4.

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The tracking system must include any information necessary to explain to the City how the material will move

from the Transfer Station to the final destination and End Market. This includes the mode of transportation (eg.

transport trailer, train, ship, etc.), the various stages each mode is utilized, and the route to be taken.

MapQuest or Google map attachments are acceptable to show route taken only if the exact route will be

followed from point of ownership to the End Market location(s) stated in 12.4. Otherwise a customized detailed

route plan that tracks the OCC from the Transfer Station to the End Market location must be submitted as part

of the Bid.

In addition, during the Contract, the Vendor may be required to provide proof of this information by way of

Customs documents, payment system or other means.

12.6 Bidders must complete Chart A in its entirety. Failure to complete Chart A with complete answers will render

the Bid Non-Compliant.

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Chart A

All Bidders must complete Chart A. Failure to complete Chart A will render the Bid non-compliant.

Intended End Use of OCC, as stated in

Section 12.3:

Location of Receiving Facility:

(List full address including street name and

number, City, Province/State, Country, and

postal/zip code.)

Street Address:

City:

Province/State:

Country:

Location(s) of End Market(s), as stated in

Section 12.4

(Attach a separate sheet if necessary to list

the City, Province/State and Country for each

End Market):

City:

Province/State:

Country:

Tracking System Plan, as stated in Section

12.5

(Attach a separate sheet if necessary):

Distance in kilometres from intersection of

Highway 401 and Yonge Street to Receiving

Facility as per Google maps or MapQuest

(shortest route)

Bid Security submitted as stated in Section

12.2

YES_______ NO________

(if "No" is indicated, the Bid will be declared Non-

Compliant and not considered)

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13.0 Pricing

13.1 Regardless of the term, the City will be paid the total sum of the monthly OBM Yellow Sheet for Buffalo's

posted high-point price for OCC as of the first issue of each calendar month, plus the fixed Premium, minus the

Processing Fee. The price paid to the City can never fall below zero.

Examples Only:

Example A: OBM $120.00 (after conversion to Canadian funds) plus Premium $20.00 minus Processing Fee

($15) = $ 125.00/MT

Example B: OBM $120.00 (after conversion to Canadian funds) plus Premium (-$10.00) minus Processing Fee

($15) = $ 95.00/MT

13.2 The monthly market price for OCC will be as reported in the Official Board Market (OBM) Yellow Sheet for

Buffalo's posted high-point price for OCC published in the PPI Pulp and Paper Week (PPW) as of the first issue

of each calendar month.

See Appendix C, Item (1) – PPI Pulp and Paper Week, OBM example provided.

13.3 Payments or prices originally expressed in the OBM Yellow Sheet as US dollars will be converted into

Canadian dollars using the US to Canadian monthly average exchange rate as reported by the Bank of Canada

at http://www.bankofcanada.ca/rates/exchange/exchange-rates-in-pdf for each invoicing period.

See Appendix C, Item (2) – Bank of Canada exchange rate example provided.

13.4 Base Bid

Bidders must state a Base Bid (3 month term) that is comprised of both a Processing Fee and Premium as

listed in Schedule 1 – Price Form or the Bid will be declared Non-Compliant.

13.5 Bidders must state a Processing Fee price per metric tonne, in Canadian currency, that includes all additional

and applicable charges for the removal/receiving and processing of the OCC including but not limited to

processing costs, residue disposal costs at an Ontario landfill approved by Ontario Ministry of Environment and

Climate Change, fuel surcharges, transportation, mileage, equipment, labour, tools and any other supplies

required for the removal and processing of OCC. The Processing Fee is a fixed price throughout the duration of

the Contract.

13.6 Bidders must state a Premium per metric tonne, in Canadian dollars, in addition to their Processing Fee. The

price of the Premium quoted may be either positive, zero, or negative value. The Premium is a fixed price

throughout the duration of the Contract.

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13.7 Bidders are requested to provide the Processing Fees and Premium to five (5) decimal places. Should any

pricing be provided with less than five (5) decimal places, the remaining decimal places shall be assumed as a

value of zero (0).

13.8 Option Terms

In addition to the Base Bid (3 month term), Bidders may choose to state a Processing Fee and Premium for the

Option 1(6 month term) and/or Option 2 (12 month term). If the Processing Fee or Premium is left blank, the

Option 1 or Option 2 term would be rendered as non-compliant.

SCHEDULE 1 – PRICE FORM

BASE BID – 3 Month Term

Bidders must state a Base Bid for Old Corrugated Cardboard for a 3 month term from Date of Award FOB the

City's Transfer Station:

Description

City Delivery

(Within 161 km)

Price per Tonne

(5 decimal places)


and 50 Ingram Drive


Price per Tonne

(5 decimal places)

Premium

(Fixed amount paid to City in addition

to OBM monthly posted high-point

price for Buffalo)

(1)

$ . / MT

(1)

$ . / MT

Processing Fee

(2)

$ . / MT

(2)

$ . / MT

Total Premium less Processing Fee:

(for calculating the best value to the

City, copy to Section 1.0)

(1) – (2)

$ . / MT

(3)

(1) – (2)

$ . / MT

(3)

The amount paid to the City of Toronto in Canadian currency will be as follows:

OBM Yellow Sheet high-point monthly posted rate plus Premium minus the Processing Fee.

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Note: The price paid to the City can never fall below zero ($0.00 per tonne).

Option 1 – 6 Month Term

In addition to the 3 month term, Bidders may choose to state a Bid for a 6 month term from date of award:

Description

City Delivery

(Within 161 km)

Price per Tonne

(5 decimal places)


and 50 Ingram Drive


Price per Tonne

(5 decimal places)

Premium



price for Buffalo)

(1)

$ . / MT

(1)

$ . / MT

Processing Fee

(2)

$ . / MT

(2)

$ . / MT




(1) – (2)

$ . / MT

(3)

(1) – (2)

$ . / MT

(3)

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Option 2 – 12 Month Term

In addition to the 3 month term, Bidders may choose to state a Bid for a 12 month term from date of award:

Description

City Delivery

(Within 161 km)

Price per Tonne

(5 decimal places)


and 50 Ingram Drive


Price per Tonne

(5 decimal places)

Premium



price for Buffalo)

(1)

$ . / MT

(1)

$ . / MT

Processing Fee

(2)

$ . / MT

(2)

$ . / MT




(1) – (2)

$ . / MT

(3)

(1) – (2)

$ . / MT

(3)

14.0 Award

14.1 The City reserves the right to award a Contract to the Bidder who meets the specifications as described in this

OTP and offers the best value to the City based on the Base Bid term, the Option 1 term or the Option 2 term;

and providing the performance security, at its sole discretion.

14.2 For evaluation purposes only, the City will calculate the Premium minus Processing Fee and minus haulage cost

to determine the best value to the City.

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Sample Evaluation

The following is an example of the evaluation used to determine best value to the City

Bidder A Bidder A Bidder C

Premium

$20/T $20/T $20/T

Processing Fee

-$15 -$15 -$15

Haulage cost (one way)

15 km (average) 100 km (average) >161 km (average)

15 X $2.60 = $39 100 X $2.60 = $260 ($0 haulage cost to the City)

$39/15 MT = -$2.6/MT $260/15 MT = -$17.33/MT $0

Calculation

$20 - $2.6 – $15 $20 - $17.33 – $15 $20 - $0 – $15

= $2.4 = -$12.33 = $5

Therefore, in this example, Bidder C offers the best value to the City.

14.3 The issuance of a sales order shall result in the creation of a Contract with the Vendor.

14.4 The City will notify the Preferred Bidder of the recommendation for award of the Contract. The Preferred

Bidder will have ten (10) Business Days from the date of notification to provide the performance security as

specified by the City and described in Section 16.0 of this OTP.

14.5 If the City receives the performance security from the Preferred Bidder within the time specified in Section

14.4, the City will then award the OTP to the Preferred Bidder and issue the Contract to the Vendor.

14.6 If the Preferred Bidder fails to provide the performance security within the specified time, the City will

disqualify the Preferred Bidder from the OTP.

14.7 Prior to award, the Preferred Bidder may be subjected to a credit check by the City of Toronto’s Finance

Division.

14.8 The City reserves the right to reject any and all Bids.

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14.9 In the event that the City receives two (2) or more Quotations identical in price, the City reserves the right to

select one (1) of the tied Quotations by way of a coin toss (in the case of two (2) identical Bids), or lottery (in

the case of more than two (2) identical Bids).

15.0 Invoicing

15.1 Invoicing will be based on the value of the OCC shipped.

15.2 The OBM Yellow Sheet is based in US dollars; however, invoicing will be in Canadian dollars per metric tonne

for all OCC shipped.

15.3 Conversion from US dollars to Canadian dollars will be based on the monthly average exchange rate as reported

by the Bank of Canada at http://www.bankofcanada.ca/rates/exchange/exchange-rates-in-pdf.

See Appendix C, Item (2) – Bank of Canada exchange rate example provided.

15.4 Invoicing for OCC shipped during the first last day of the month will be based on the monthly average

exchange rate of the month.

15.5 Invoicing for sale of goods and services will be invoiced once per month, and invoices will be payable within

thirty (30) days from the date of the invoice. Late payment charges shall be added to all fees and charges that

are due and payable at the rate of 1.25 percent on the first day of default, and every thirty (30) days thereafter

during such time as the default continues in accordance with City of Toronto BY-LAW No. 1026-2005.

15.6 If payment is not made within thirty (30) days of an invoice, the City may, at its discretion, draw upon the

performance security or give notice of default and take any or all of the actions described under Section 9.0

Failure to Pick up Loads.

15.7 Invoice weights will be based on City weigh scale information. The City weigh scales are calibrated according

to Consumer and Corporate Affairs – Weights and Measures and Standards.

15.8 Effective July 1, 2010, the Ontario Retail Sales Tax (ORST) has combined with the Federal Goods and Services

Tax (GST) to create a federally administered Harmonized Sales Tax (HST). The HST has a combined rate of

13%. The Vendor will be charged the full HST on all OCC picked up from Bermondsey Transfer Station and

the Ingram Transfer Station.

16.0 Performance Security

16.1 The Preferred Bidder, upon notification, shall secure and deposit with the

Solid Waste Management Services Division one (1) of the following security options:

an irrevocable letter of credit

a certified cheque

an electronic funds transfer

16.2 The value must be in the amount of 175,000.00 Canadian dollars.

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16.3 If the Preferred Bidder chooses the option of a letter of credit or certified cheque, it is the responsibility of the

Preferred Bidder to ensure the documents are correctly addressed to:

City of Toronto

Solid Waste Management Services


25th Floor, East Tower

Toronto, ON M5H 2N2

Attention: Pap Mishra

Senior Analyst, Operational Support

Courier Information: The mailroom is located in the basement level of City Hall with business hours

between 8:00 a.m. and 4:30 p.m. Couriers can also come directly up to the 25th floor of City Hall and

ask for Pap Mishra or have someone sign on his behalf

Courier Information: The mailroom is located in the P1 Level with business hours between 8:00 a.m. and 4:00

p.m.

16.4 The performance security is not to be used as a form of pre-payment.

16.5 The performance security of the Vendor will be kept for up to one (1) year after expiry of the Contract, or any

extensions to the Contract, to ensure that all required work has been completed to the satisfaction of the City’s

representative and all accounts are paid in full. The performance security will be returned when all the City’s

requirements have been met.

16.6 Requirements for Letter of Credit

The following conditions must be incorporated in any Letter of Credit and must be in a form satisfactory

to the Treasurer of the City of Toronto:

(1) It must be issued by a Canadian chartered bank listed in schedule 1, 2 or 3 to the Bank Act (Canada);

(2) It is in a sufficient dollar amount (i.e.: equivalent to the value of the certified cheque for which it is

substituting);

(3) It is irrevocable;

(4) It is unconditional;

(5) It must be payable to the City of Toronto as the beneficiary and may require payment on demand;

(6) It is automatically renewable unless advised by written notice to the City Treasurer 30 days preceding

the expiry date or dates, that the letter of credit will not be renewed.

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(7) The City of Toronto may draw on it at will;

(8) If advised in accordance with (6) above, the General Manager, Solid Waste Management Services may

exercise the drawing option.

See Appendix C, Item (3) – Letter of Credit template provided.

16.7 Requirements for Certified Cheques

a) Certified cheques are to be made payable to: "City of Toronto – Treasurer".

b) Certified cheques are to be delivered to the City of Toronto as stated in Section 16.3.

Certified cheques will be held for the duration of the Contract as well as a potential maintenance period of one

year, or until replaced by a letter of credit.

17.0 Termination

Failure to comply with the terms and conditions set out in this Contract may result in cancellation of the

Contract and/or liquidation of the security and/or exclusion from future bidding. Should cancellation be

required, the Vendor will be responsible for any loss of revenues over the agreed period of the Contract.

18.0 Purchasing Policies:

POLICY TO EXCLUDE BIDS FROM EXTERNAL PARTIES INVOLVED IN THE PREPARATION OR

DEVELOPMENT OF A SPECIFIC CALL/REQUEST

To ensure Fair and Equal Treatment in its competitive procurements, the City of Toronto will undertake to:

- disallow bidders/proponents from submitting a bid to any Tender, Quotation, or Proposal call in which the

bidder/proponent has participated in the preparation of the call document; and

- a bidder/proponent who fails to comply will result in disqualification of their response to the call/request.

Did you, the bidder, assist the City of Toronto in the preparation of this Request for Quotation call?

Specify: Yes _____ No _____

NOTICE

The Municipal Freedom of Information and Protection of Privacy Act (the Act) applies to all tenders, quotations

and proposals submitted to the City of Toronto. Tenders, quotations and proposals will be received in confidence

subject to the disclosure requirements of the Act. Bidders/proponents should identify any portions of their

tender/quotation/proposal which contain a trade secret, scientific, technical, financial, commercial or labour relations

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information supplied in confidence and which will cause harm if disclosed. Questions about the Act should be directed

to the Director of Corporate Access and Privacy Office, (416) 392-9683.

Please be aware that bidders’ names and the total amount of bid are always made public.

COLLUSION AND PRICE FIXING

By submitting a bid in response to this Quotation Request, the bidder certifies that:

a) the prices in the Bid have been arrived at independently of those of any other Bidder;

b) the prices in the Bid have not been knowingly disclosed by the Bidder, and will not knowingly be disclosed by

the Bidder prior to the award of purchase, directly or indirectly, to any other Bidder or competitor; and

c) no attempt has been made, or will be made, to induce any other person to submit or not to submit a Bid, for the

purpose of restricting competition.

In the event of a tied bid, a report will be submitted to the relevant Committee or Council stating that the bids can be

evaluated on any other efficiencies or cost considerations other than price. In the event of a tied bid, the City reserves

the right to cancel and re-issue this requirement.

CONFLICT OF INTEREST POLICY

This is to advise you that City Council passed a new Conflict of Interest Policy in August 2000 that applies to all City of

Toronto employees. This policy replaces the policies that dealt with conflicts of interest or codes of conduct in the

former municipalities.

It is imperative that all suppliers be aware of the terms of the policy and understand the various situations, which are

clearly a conflict of interest, to ensure that a supplier does not place any City employee in a potential conflict situation,

when carrying out their respective business activities with the City of Toronto.

A copy of the policy is available on the City of Toronto's website at www.toronto.ca or by the calling the Supervisor,

Client Services at (416) 392-1305.

RESTRICTIONS ON THE HIRING AND USE OF FORMER CITY OF TORONTO MANAGEMENT

EMPLOYEES FOR CITY CONTRACTS

The purpose of this Policy to ensure that former City of Toronto management employees who took part in a separation

program or received a retirement package, are prohibited from participating in contracts directly or indirectly related to

the City of Toronto or its special purpose bodies for a period of two years starting from an employee's separation date.

Former employees covered by this policy are prohibited from participating in contracts directly or indirectly related to

the City of Toronto or its special purpose bodies for a period of two years starting from the employee’s separation date.

This would include, but not be limited to, for example, the following roles:

As an independent contractor/consultant;

As a contractor/consultant on City project work for a company/firm (but, the firm may compete); or

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As a contractor/consultant on City project work for a company/firm that has been sub-contracted by another

company/firm.

Former City of Toronto management employees who took part in a separation program or received a retirement

incentive are prohibited from participating in contracts directly or indirectly related to the City of Toronto and its

special purpose bodies for a period of two years starting from an employee’s termination date.

Notes: (1) Adopted by Council at its meeting of February 4, 5, & 6, 1998, Report No. 2, Clause No. 2 of the

Strategic Policies and Priorities Committee, and

(2) Revised by City Council at its meeting of November 26, 27, 28, 2002, Report No. 14, Clause No. 6,

Administration Committee.

Respondents are to state the name(s) of any former City of Toronto management employee(s) hired/used by your firm,

if any, who have left the employ of the City or its special purpose bodies within the last two years.

Specify: .

This policy will be considered in the evaluation of all submissions received by the City of Toronto.

For further information contact:

Manager, Corporate Purchasing

Policy & Quality Assurance

18th Floor, West Tower, City Hall, (416) 392-0387

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REQUEST FOR OFFERS TO PURCHASE 9208-17-0107

APPENDIX “A” REQUEST FOR QUOTATIONS PROCESS TERMS AND CONDITIONS

1. Bidder’s Responsibility

(1) It shall be the responsibility of each Bidder:

a) to examine all the components of this Request for Quotations (RFQ), including all appendices, forms

and Addenda;

b) to acquire a clear and comprehensive knowledge of the required Deliverables before submitting a

Quotation;

c) to become familiar and (if it becomes a successful Bidder) comply with all of the terms and

conditions contained in this RFQ and the City’s Policies and Legislation set out on the City of

Toronto website at: www.toronto.ca/tenders/index.htm

(2) The failure of any Bidder to receive or examine any document, form, addendum, or policy shall not

relieve the Bidder of any obligation with respect to its Quotation or any purchase order issued based

on the Bidder’s Quotation.

2. City Contact and Questions

(1) All contact and questions concerning this RFQ should be directed in writing to the City employee(s)

designated as “Buyer” in the RFQ.

(2) No City representative, whether an official, agent or employee, other than those identified as

“Buyer” or the Chief Purchasing Official or his/her delegate are authorized to speak for the City with

respect to this RFQ, and any Bidder who uses any information, clarification or interpretation from

any other representative does so entirely at the Bidder’s own risk.

(3) Not only shall the City not be bound by any representation made by an unauthorized person, but any

attempt by a Bidder to bypass the RFQ process may be grounds for rejection of its Quotation.

(4) Commencing from the issue date of this RFQ until the time of any ensuing Award, no

communication shall be made by any person, including potential Bidders, or its representatives,

including a third-person representative employed or retained by it (or any unpaid representatives

acting on behalf of either), to promote its Quotation or oppose any competing Quotation, nor shall

any potential Bidder, or its representatives, including a third-person representative employed or

retained by it (or any unpaid representatives acting on behalf of either), discuss this RFQ or its

Quotation with any City staff, City officials or Council member(s), other than a communication with

the "City Contact" identified on page 1 on this RFQ.

(5) Communications in relation to this RFQ outside of those permitted by the applicable procurement

policies and this RFQ document contravene the Lobbying By-law, an offence for which a person is

liable to a maximum fine of $25,000.00 on a first conviction and $100,000.00 on each subsequent

conviction. In addition, the City's Procurement Processes Policy provides that any Bidder found in

breach of the policy may be subject to disqualification from the call or a future call or calls at the

discretion of Council.

(6) Notwithstanding anything to the contrary set out in this document, the obligations with respect to

lobbying as set out in the City of Toronto Municipal Code, Chapter 140 shall apply. The links to the

City's Procurement Processes Policy, Lobbying By-Law and Interpretive Bulletin on Lobbying and

Procurement are as follows:

http://www.toronto.ca/citybusiness/pdf/policy_procurement_process.pdf

http://www.toronto.ca/legdocs/municode/1184_140.pdf

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http://www.toronto.ca/tenders/index.htm

http://www.toronto.ca/citybusiness/pdf/policy_procurement_process.pdf

http://www.toronto.ca/legdocs/municode/1184_140.pdf


http://www.toronto.ca/lobbying/pdf/interpretation-bulleting_lobbying-procurements.pdf

3. Addenda

If it becomes necessary to revise any part of this RFQ, the revisions will be by Addendum posted

electronically in Adobe PDF format on the City’s website at www.toronto.ca/calldocuments.

Bidders and prospective Bidders SHOULD MONITOR THAT SITE as frequently as they deem

appropriate until the day of the Deadline. Only answers to issues of substance will be posted. The

City reserves the right to revise this RFQ up to the Closing Deadline. When an Addendum is issued

the date for submitting Quotations may be revised by the City if, in its opinion, the City determines

more time is necessary to enable Bidders to revise their Quotations.

All Bidders must acknowledge receipt of all Addenda in the space provided on the Quotation

Submission Form.

The City’s Purchasing and Materials Management Division will make reasonable efforts to issue the

final Addendum (if any) no later than five (5) days prior to the Deadline.

4. Exceptions to Mandatory Terms and Conditions

If a Bidder wishes to suggest a change to any mandatory term or condition set forth in any part of

this RFQ it should notify the Buyer in writing not later than five (5) Business Days before the

Closing Deadline. The Bidder must clearly identify any such term or condition, the proposed change

and the reason for it. If the City wishes to accept the proposed change, the City will issue an

Addendum as described in the article above titled Addenda. The decision of the City shall be final

and binding, from which there is no appeal. Changes to mandatory terms and conditions that have

not been accepted by the City by the issuance of an Addendum are not permitted and any Quotation

that takes exception to or does not comply with the mandatory terms and conditions of this RFQ will

be rejected.

5. Omissions, Discrepancies and Interpretations

A Bidder who finds omissions, discrepancies, ambiguities or conflicts in any of the RFQ

documentation or who is in doubt as to the meaning or has a dispute respecting any part of the RFQ

should notify the Buyer noted in this RFQ in writing. If the City considers that a correction,

explanation or interpretation is necessary or desirable, the City will issue an Addendum as described

in the article above titled Addenda. The decision and interpretation of the City respecting any such

disputes shall be final and binding, from which there is no appeal. No oral explanation or

interpretation shall modify any of the requirements or provisions of the RFQ.

6. Incurred Costs

The City will not be liable for, nor reimburse, any potential Bidder or Bidders, as the case may be,

for costs incurred in the preparation and submission of any Quotation.

7. Limitation of Liability

The City shall not be liable for any costs, expenses, loss or damage incurred, sustained or suffered by

any Bidder prior, or subsequent to, or by reason of the acceptance or the non-acceptance by the City

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http://www.toronto.ca/lobbying/pdf/interpretation-bulleting_lobbying-procurements.pdf

http://www.toronto.ca/calldocuments


of any Quotation, or by reason of any delay in acceptance of a Quotation, except as provided in this

RFQ.

8. Post-Submission Adjustments and Withdrawal of Quotations

(1) No unilateral adjustments by Bidders to submitted Quotations will be permitted.

(2) A Bidder may withdraw its Quotation prior to the Closing Deadline any time by notifying the Buyer

designated in this RFQ in writing.

(3) A Bidder who has withdrawn a Quotation may submit a new Quotation, but only in accordance with

the terms of this RFQ.

(4) After the Closing Deadline each submitted Quotation shall be irrevocable and binding on Bidders for

a period of 90 days.

(5) If the City makes a request to a Bidder for clarification of its Quotation, the Bidder will provide a

written response within 48 hours accordingly, unless otherwise indicated, which shall then form part

of the Quotation.

9. No Collusion or Unethical Conduct

(1) No Bidder may discuss or communicate about, directly or indirectly, the preparation or content of its

Quotation with any other Bidder or the agent or representative of any other Bidder or prospective

Bidder. If the City discovers there has been a breach at any time, the City reserves the right to

disqualify the Quotation or terminate any ensuing contract.

(2) By submitting a Quotation in response to this Quotation Request, the Bidder certifies that:

a) the prices in the Quotation have been arrived at independently of those of any other Bidder;

b) the prices in the Quotation have not been knowingly disclosed by the Bidder, and will not knowingly

be disclosed by the Bidder prior to the award of purchase, directly or indirectly, to any other Bidder

or competitor; and

c) no attempt has been made, or will be made, to induce any other person to submit or not to submit a

Quotation, for the purpose of restricting competition.

(3) Bidders must not have common ownership, directors, or management, or any other affiliation,

connection, association or attachment with each other that may be deemed to compromise the

principle of competition. Bidders must disclose any arrangements with other Bidders (including but

not limited to subcontracting) that may reasonably be deemed to compromise the principle of

competition, at or prior to the Closing Deadline.

10. Prohibition against Gratuities

(1) No Bidder and no employee, agent or representative of the Bidder, may offer or give any gratuity in

the form of entertainment, participation in social events, gifts or otherwise to any officer, director,

agent, appointee or employee of the City in connection with or arising from this RFQ, whether for the

purpose of securing a contract or seeking favourable treatment in respect to the award or amendment

of the contract or influencing the performance of the contract, including without restriction

enforcement of performance standards, or expressing appreciation, or providing compensation, for the

award of a contract or for performance of the City's obligations thereunder or for conferring favours

or being lenient, or in any other manner whatsoever.

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(2) If the City determines that this article has been breached by or with respect to a Bidder, the City may

exclude its Quotation from consideration, or if a contract has already been entered into, may terminate

it without incurring any liability.

11. Conflicts of Interest/Unfair Advantage

(1) In its Quotation, the Bidder must disclose to the City any potential conflict of interest that might

compromise the performance of the work or which might reasonably compromise or provide the

Bidder an unfair advantage in the bidding process. If such a conflict of interest does exist, the City

may, at its discretion, refuse to consider the Quotation.

(2) The Bidder must also disclose whether it is aware of any City employee, Council member or member

of a City agency, board or commission or employee thereof having a financial interest in the Bidder

and the nature of that interest. If such an interest exists or arises prior to the award on any contract,

the City may, at its discretion, refuse to consider the Quotation or withhold the awarding of any

contract to the Bidder until the matter is resolved to the City’s sole satisfaction.

(3) Bidders are cautioned that the acceptance of their Quotation may preclude them from participating as

a Bidder in subsequent projects where a conflict of interest may arise. The Bidder for this project

may participate in subsequent/other City projects provided the Bidder has satisfied pre-qualification

requirements of the City, if any, and in the opinion of the City, no conflict of interest would adversely

affect the performance and successful completion of an agreement by the Bidder.

12. Quasi-Criminal/Criminal Activity of a Proponent

(1) The City may reject a Quotation or Bidder if the City:

a) confirms that the Bidder or any individual that owns, directs, or controls the Bidder has been charged

with or convicted of an offence under the Criminal Code, an offence under other applicable

Requirements of Law, or an offence pursuant to similar laws outside of Ontario, or has been named

in an order or similar enforcement measure by a regulatory authority;

b) determines that this charge or conviction or order is material to the given procurement; and

c) determines that, in light of this charge or conviction, awarding the Bidder could compromise the

delivery of the deliverables or would otherwise undermine the business reputation of the City of the

public's confidence in the integrity of the call process

13. Failure or Default of Bidder

(1) If the Bidder, for any reason, fails or defaults in respect of any matter or thing which is an obligation

of the Bidder under the terms of the RFQ, the City may at its option:

a) Consider that the Bidder has submitted a non-compliant Bid, whereupon the City may also rescind

any acceptance of the [Proposal/Bid] as null and void; or

b) Consider that the Bidder has abandoned any Agreement and require the Bidder to pay the City the

difference between its Quotation and any other Quotation which the City accepts, if the latter is for a

greater amount and, in addition, to pay the City any cost which the City may incur by reason of the

Bidder’s failure or default. The Bidder shall be ineligible to submit a new Quotation for any Call that

the City is required to reissue as a result of the Bidder's failure or default or where the City deems

that the Bidder has abandoned the Agreement.

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14. Acceptance of Quotations

(1) The City shall not be obliged to accept any Quotation in response to this RFQ.

(2) The City may modify and/or cancel this RFQ prior to accepting any Quotation.

(3) Quotations may be accepted or rejected in total or in part.

(4) The lowest quoted price may not necessarily be accepted by the City.

(5) In determining which Quotation provides the best value to the City, consideration may be given to

the past performance of any Bidder.

(6) Quotations which are incomplete, not completed in ink, conditional or obscure or which contain

additions not called for, erasures or alterations of any kind may be rejected.

(7) The City reserves the right to waive immaterial defects and minor irregularities in any Quotation.

(8) Quotations not completed in non-erasable medium and signed in ink shall be rejected.

(9) The City reserves the right to verify the validity of information submitted in the Quotation and may

reject any Quotation where, in the City’s sole estimation, the contents appear to be incorrect,

inaccurate or inappropriate.

(10) The City reserves the right to assess the ability of the Bidder to perform the contract and may reject

any Quotation where, in the City’s sole estimation, the personnel and/or resources of the Bidder are

insufficient.

(11) The City may reject a Quotation if it determines, in its sole discretion, that the Quotation is

materially unbalanced. A Quotation is materially unbalanced when:

a) it is based on prices which are significantly less than cost for some items of work and prices

which are significantly overstated in relation to cost for other items of work; and

b) the City had determined that the Quotation may not result in the lowest overall cost to the City

even though it may be the lowest submitted Quotation; or

c) it is so unbalanced as to be tantamount to allowing an advance payment.

15. Currency

Unless otherwise stated herein, prices quoted are to be in Canadian dollars.

16. Tied Bids

In the event that the City receives two or more Quotations identical in price, the City reserves the right to

select one of the tied Quotations by way of a coin toss (in the case of two identical bids), or lottery (in the

case of more than two identical bids).

17. Mathematical Errors

In the event of mathematical errors found in the pricing pages, the unit prices quoted shall prevail.

Extensions and totals will be corrected accordingly and adjustments resulting from the correction will be

applied to the total price quoted.

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18. City Confidential Information

(1) City Confidential Information provided by City staff to any Bidder or prospective Bidder in

connection with, or arising out of this RFQ, the Deliverables or the acceptance of any Quotation:

a) is and shall remain the property of the City;

b) must be treated by Bidders and prospective Bidders as confidential;

c) must not be used for any purpose other than for replying to this RFQ, and for fulfillment of any

related subsequent contract.

19. Ownership and Disclosure of Quotation Documentation

(1) The documentation comprising any Quotation submitted in response to this RFQ, along with all

correspondence, documentation and information provided to the City by any Bidder in connection

with, or arising out of this RFQ, once received by the City:

a) shall become a record of the City;

b) shall become subject to the Municipal Freedom of Information and Protection of Privacy Act

("MFIPPA"), and may be released, pursuant to that Act and other Requirements of Law.

(2) Because of MFIPPA, Bidders should identify in their Quotation any scientific, technical, commercial,

proprietary or similar confidential information, the disclosure of which could cause them injury.

(3) Each Bidder’s name and quoted total base price shall be made public.

(4) By submitting a Quotation, the Bidder acknowledges that it will be made available to members of

City Council and Committees on a confidential basis and may be released to members of the public

pursuant to an access request made under MFIPPA and other Requirements of Law.

20. Intellectual Property Rights

Each Bidder warrants that the information contained in its Quotation does not infringe any third party

intellectual property right and agrees to indemnify and save harmless the City, its staff and its consultants,

if any, against all claims, actions, suits and proceedings, including all costs incurred by the City brought

by any person in respect of the infringement or alleged infringement of any patent, copyright, trademark,

or other intellectual property right in connection with their Quotation.

21. Governing Law

This RFQ and any Quotation submitted in response to it and the process contemplated by this RFQ shall

be governed by the laws of the Province of Ontario. Any dispute arising out of this RFQ or this RFQ

process will be determined by a court of competent jurisdiction in the Province of Ontario.

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APPENDIX "B" GENERAL CONTRACT TERMS AND CONDITIONS

In addition to any other terms and conditions contained elsewhere in this RFQ, the following terms and

conditions shall form part of the Contract between the City and the Vendor and are deemed to be

incorporated into and take precedence over the terms of any purchase order(s) issued in connection with

this RFQ. The order of precedence shall be:

(i) the RFQ, including any appendices, schedules and Addenda;

(ii) the purchase order; and

(iii) the Quotation;

1. Compliance with Laws

The Vendor will be required to comply, at its sole expense, with all applicable Requirements of Law

(including, without limitation, the City's Fair Wage and other policies or by-laws applicable to the City's

vendors, the Ontario Fire Code, the Ontario Employment Standards Act, the Ontario Human Rights Code,

the Ontario Labour Relations Act, the Workplace Safety and Insurance Act, the Income Tax Act and

Occupational Health and Safety requirements) in relation to the provision of any Services, including the

obtaining of all necessary permits and licences, and shall submit proof of such compliance to the City,

upon request, and the Vendor shall indemnify and save the City harmless from any liability or cost

suffered by it as a result of the vendor's failure to comply with this provision.

2. Non-Exclusivity

The awarding of a Contract to a Vendor shall not be a guarantee of exclusivity.

3. Confidentiality

The Vendor shall treat as confidential all information of any kind which comes to the attention of the

Vendor in the course of carrying out the Services and shall not disseminate such information for any

reason without the express written permission of the City or otherwise in accordance with MFIPPA or

other applicable privacy law. The Vendor may be required to enter into a detailed confidentiality and

conflict of interest agreement in a form satisfactory to the City Solicitor.

4. Conflict of Interest

The Vendor shall: (a) avoid any Conflict of Interest in the performance of its contractual obligations; (b)

disclose to the City without delay any actual or potential Conflict of Interest that arises during the

performance of its contractual obligations; and (c) comply with any requirements prescribed by the City

to resolve any Conflict of Interest. In addition to all other contractual rights or rights available at law or

in equity, the City may immediately terminate the Contract upon giving notice to the Vendor where: (a)

the Vendor fails to disclose an actual or potential Conflict of Interest; (b) the Vendor fails to comply with

any requirements prescribed by the City to resolve or manage a Conflict of Interest; or (c) the Vendor’s

Conflict of Interest cannot be resolved to the City's reasonable satisfaction.

5. Indemnities

(1) The Vendor shall indemnify and save harmless the City of Toronto, its Mayor, Members of Council,

officers, employees, and agents from and against any losses, liens, charges, claims, demands, suits,

proceedings, recoveries and judgments (including legal fees and costs) arising from or related to the

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Vendor's performance or non-performance of its obligations, including payment obligations to its

approved subcontractors and suppliers and others, and including or breach of any confidentiality

obligations under the Contract or infringement, actual or alleged of any Canadian, American or other

copyright, moral right, trade-mark, patent, trade secret or other thing with respect to which a right in the

nature of intellectual/industrial property exists.

(2) Upon assuming the defence of any action covered under this sub-article the Vendor shall keep City of

Toronto reasonably informed of the status of the matter, and the Vendor shall make no admission of

liability or fault on City of Toronto's part without City of Toronto's written permission.

Intellectual Property Indemnity

The Vendor shall indemnify and save harmless the City of Toronto, its Mayor, Members of Council,

officers, employees, and agents from and against any losses, liens, charges, claims, demands, suits,

proceedings, recoveries and judgements (including legal fees and costs) arising from infringement,

actual or alleged, by the Quotation, its use or misuse, or by any of the deliverables developed or

provided or supplied under or used in connection with the Services (including the provision of the

Services themselves), of any Canadian, American or other copyright, moral right, trade-mark, patent,

trade secret or other thing with respect to which a right in the nature of intellectual/industrial

property exists.

Employment & WSIB Indemnity

Nothing under this Agreement shall render the City responsible for any employment, benefit or

termination liability (including those under or in connection with the Workplace Safety and

Insurance Act, 1997 or any successor legislation ("WSIA"), whether statutorily required, at common

law or otherwise, resulting from Services supplied under this Agreement by persons employed or

otherwise engaged by the Vendor. In the event that employment related costs, or other related

responsibility falls to the City for any reason whatsoever, the Vendor agrees to indemnify the City

for such costs.

6. No Assignment

The Vendor shall not assign any part of the Contract nor any interest therein without the prior written

consent of the City, which consent shall not be unreasonably withheld. However, such written

consent shall not under any circumstances relieve the Vendor of its liabilities and obligations under

this RFQ and the Contract, including the terms of this RFQ.

7. Subcontractors

(1) The Vendor shall be solely responsible for the payment of every subcontractor employed, engaged, or

retained by it for the purpose of assisting it in the performance of its obligations under the contract. The

Vendor shall coordinate the provision of the Deliverables by its subcontractors in a manner acceptable

to the City, and ensure that they comply with all the relevant requirements of the Contract.

(2) The Vendor shall be liable to the City for all costs or damages arising from acts, omissions,

negligence or willful misconduct of its subcontractors.

8. Personnel and Performance

(1) The Vendor must make available appropriately skilled workers, consultants or subcontractors, as

appropriate, and must be able to provide the necessary materials, tools, machinery and supplies to

fulfill its obligations under the Contract.

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(2) The Vendor shall be responsible for its own staff resources and for the staff resources of any

subcontractors and third-party service providers.

(3) The Vendor will ensure that its personnel (including those of approved subcontractors), when using

any City buildings, premises, equipment, hardware or software shall comply with all security policies,

regulations or directives relating to those buildings, premises, equipment, hardware or software.

(4) Personnel assigned by the Vendor to provide the deliverables (including those of approved

subcontractors) may also, in the sole discretion of the City, be required to sign confidentiality and

conflict of interest agreement(s) satisfactory to the City Solicitor.

9. Independent Contractor

The Vendor and the City agree and acknowledge that the relationship of the City and the Vendor is one of

owner and independent contractor and not one of employer-employee. Neither is there any intention to

create a partnership, joint venture or joint enterprise between the Vendor and the City.

11. Warranties and Covenants

The Vendor represents, warrants and covenants to the City (and acknowledges that the City is relying

thereon) that any deliverable resulting from or to be supplied or developed under the Contract will be in

accordance with the City’s functional and technical requirements (as set out in the RFQ) and, if applicable,

will function or otherwise perform in accordance with such requirements.

12. Ownership of Intellectual Property and Deliverables

The City will own all intellectual property rights, including (without limitation) copyright, in and to all

deliverables provided by the Vendor and its subcontractors. All information, data, plans, specifications,

reports, estimates, summaries, photographs and all other documentation prepared by the Vendor in the

connection with the provision of the Deliverables under the Contract, whether they be in draft or final

format, shall be the property of the City.

13. Termination Provisions

(1) Upon giving the Vendor not less than 30 days’ prior written notice, the City may, at any time and

without cause, cancel the Contract, in whole or in part. In the event of such cancellation, the City

shall not incur any liability to the Vendor apart from the payment for the Deliverables that have been

satisfactorily delivered or performed by the Vendor at the time of cancellation.

(2) Failure of the Vendor to perform its obligations under the Contract shall entitle the City to terminate

the Contract upon ten (10) calendar days’ written notice to the Vendor if a breach which is remediable

is not rectified in that time. In the event of such termination, the City shall not incur any liability to

the Vendor apart from the payment for the Deliverables that have been satisfactorily delivered or

performed by the Vendor at the time of termination.

(3) All rights and remedies of the City for any breach of the Vendor's obligations under the Contract shall

be cumulative and not exclusive or mutually exclusive alternatives and may be exercised singularly,

jointly or in combination and shall not be deemed to be in exclusion of any other rights or remedies

available to the City under the Contract or otherwise at law.

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(4) No delay or omission by the City in exercising any right or remedy shall operate as a waiver of them

or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude

any other or further exercise of them or the exercise of any other right or remedy.

14. Liquidated Damages

If the vendor at any time fails to supply all goods or services to the City as specified within the Contract, or

fails to replace goods or services rejected by the City, then the City shall be permitted to procure such goods

or services elsewhere and charge any additional costs incurred by the City to the vendor as liquidated

damages, unless otherwise specified, and deduct such amounts from payments due to the vendor or to

otherwise collect such costs from the vendor by any other method permitted by law.

15. Right to Retain Monies

The City shall have the right to retain out of monies payable to the vendor under the Contract the total

amount outstanding for time to time of all claims arising out of the default of the vendor of its obligations to

the City. This shall include claims pursuant to this or any other contract or cause of action between the

vendor and the City which have not been settled between the City and the vendor.

16. Occupational Health and Safety

(1) The Vendor shall comply with all federal, provincial or municipal occupational health and safety

legislative requirements, including, and without limitation, the Occupational Health and Safety Act,

R.S.O., 1990 c.0.1 and all regulations thereunder, as amended from time to time (collectively the

"OHSA").

(2) Nothing in this section shall be construed as making the City the "employer" (as defined in the

OHSA) of any workers employed or engaged by the Vendor for the Work, either instead of or jointly

with the Vendor.

(3) The Vendor agrees that it will ensure that all subcontractors engaged by it are qualified to perform the

Work and that the employees of subcontractors are trained in the health and safety hazards expected

to be encountered in the Work.

(4) The Vendor acknowledges and represents that:

a) The workers employed to carry out the Work have been provided with training in the hazards of the

Work to be performed and possess the knowledge and skills to allow them to work safely;

b) The Vendor has provided, and will provide during the course of the agreement, all necessary

personal protective equipment for the protection of workers;

c) The Vendor’s supervisory employees are competent, as defined in the OHSA, and will carry out their

duties in a diligent and responsible manner with due consideration for the health and safety of

workers;

d) The Vendor has in place an occupational health and safety policy in accordance with the OHSA; and

e) The Vendor has a process in place to ensure that health and safety issues are identified and addressed

and a process in place for reporting work-related injuries and illnesses.

(5) The Vendor shall provide, at the request of the General Manager or his designate, the following as

proof of the representations made in paragraph d(i) and d(iv):

a) documentation regarding the training programs provided or to be provided during the Work (i.e.

types of training, frequency of training and re-training); and

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b) the occupational health and safety policy.

(6) The Vendor shall immediately advise the General Manager or his designate in the event of any of the

following:

a) A critical injury that arises out of Work that is the subject of this agreement;

b) An order(s) is issued to the Vendor by the Ministry of Labour arising out of the Work that is the

subject of this agreement;

c) A charge is laid or a conviction is entered arising out of the Work that is the subject of this

agreement, including but not limited to a charge or conviction under the OHSA, the Criminal Code,

R.S.C 1985, c. C-46, as amended and the Workplace Safety and Insurance Act, 1997, S.O. 1997, c.

16, Sched. A, as amended.

(7) The Vendor shall be responsible for any delay in the progress of the Work as a result of any violation

or alleged violation of any federal, provincial or municipal health and safety requirement by the

Vendor, it being understood that no such delay shall be a force majeure or uncontrollable

circumstance for the purposes of extending the time for performance of the Work or entitling the

Vendor to additional compensation, and the Vendor shall take all necessary steps to avoid delay in the

final completion of the Work without additional cost to the City.

(8) The parties acknowledge and agree that employees of the City, including senior officers, have no

authority to direct, and will not direct, how employees, workers or other persons employed or

engaged by the Vendor do work or perform a task that is the subject of this agreement.

17. Workplace Safety and Insurance Board

The Vendor shall secure, maintain and pay all costs for Workplace Safety and Insurance Board ("WSIB")

workers’ compensation coverage for its employees providing Services under this contract, whether required

statutorily or not under the Workplace Safety and Insurance Act, 1997.

The Vendor represents and warrants that it shall be in good standing with the WSIB throughout the Term of

this Contract. Prior to supplying the Services and prior to receiving payment, the Vendor shall produce a

Clearance Certificate issued by the WSIB confirming that the Vendor has paid its assessment based on a

true statement of the amount of its current payroll in respect of the Services and that the City is relieved of

financial liability. Thereafter, throughout the period of Services being supplied, a new Clearance Certificate

will be obtained from the WSIB by the Vendor and provided to the City every 90 days or upon expiry of the

Certificate's validity period whichever comes first.

The Vendor shall ensure that any and all persons, including but not limited to volunteers, students,

subcontractors and independent contractors, providing services under this Contract have secured WSIB

coverage, whether required statutorily or not, for the term of this Contract.

18. Accessibility Standards for Customer Service Training Requirements

The Vendor shall require all applicable personnel (including those of its subcontractors) to fulfill the training

requirements set out in the City's policy on Accessible Customer Service Requirements for Contractors,

Consultants and other Service Providers.

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19. City of Toronto – Invoice/Billing Requirements

To assist in prompt payment, it is essential that all required billing information is provided on the invoice

submitted to the City of Toronto. If billing information is missing from an invoice it will result in a

payment delays.

It is the Vendor's responsibility to submit accurate invoices for goods /services delivered to the City of

Toronto divisions. If an inaccurate invoice (ie: but not limited to, pricing, quantity or services provided)

is submitted, the Vendor will be requested to issue a credit note and submit a new invoice. If the invoice

in question offered an early payment discount, the re-issue date of the new invoice will be used to

calculate the early payment discount terms.

19.1 Standard Invoices:

1) Original hardcopy vendor invoices must be addressed and sent DIRECTLY to:

City of Toronto

Accounting Services Division

Corporate Accounts Payable

55 John Street

14th Floor, Metro Hall

Toronto, ON

M5V 3C6; or

2). Electronic Invoices

To support an electronic payable environment, the City of Toronto Corporate Accounts Payable unit will

accept electronic vendor invoices submitted via email to [email protected] . Electronic invoices

submitted must be in a PDF format with either single or multiple invoice(s) per attachment.

Note: Do not send statements or past due invoices to this email address, only current invoices will

be accepted. Do not send hard copy invoices to Corporate Accounts Payable if you have submitted

an electronic invoice. If you have any questions regarding this process, please contact AP Customer

Service at 416-397-5235 and follow the prompts.

3) Invoice/s submitted to the City of Toronto must have complete ship to information including:

I. Name of City Division,

II. The City Division’s contact name and phone number (the person ordering or picking up

the goods and/or services),

III. Delivery location of goods and/or services (excluding pick-up order),

IV. Purchasing document information on the invoice (blanket contract number, contract

release order number (CRO) purchase order (PO) or Divisional Purchase Order (DPO)

must be clearly indicated on the invoice.

V. Complete "Remit To" address is required on all submitted vendor invoices

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A purchasing document number must be provided by City Staff at time of order for goods or

services.

4) City purchases with the use of a credit card/PCard, are NOT to be sent to Corporate Accounts Payable.

These invoices are considered paid.

5) Vendors are encouraged to provide packing slips and/or goods receipt confirmations directly to the

ordering Division for goods/services delivered.

6) Vendors are to provide backup documentation directly to the ordering Division, not Corporate

Accounts Payable.

19.2) Construction Contracts & Consultant Assignments related to Capital Projects – With a

Holdback only.

Invoices related to an approved capital project with a holdback and managed by a Contract Administrator

(CA) must be forwarded to the CA for review and approval. Billing requirement direction will be

provided by the contract custodian or city divisional designate prior to the start of the Contract.

1) All invoices must be addressed and sent DIRECTLY to:

Contract Administrator

City of Toronto

Address

Contact Info: Phone #, E-mail address

Note: Contact Information of respective CA will be provided in writing, prior to the start of the contract.

2) Invoice/s submitted to the City of Toronto Contract Administrator must have complete information

including:

I. Contract/Project Number

II. Name of City Division and Contract Administrator

III. Vendor Number

IV. Vendor Name and address

V. The City Division’s contact name and phone number (the person ordering or picking up

the goods and/or services),

VI. Description of work/ Project Name

VII. Location of work

VIII. Bill through Dates(Work Done): from and to

IX. Invoice Date

X. Sub-total Amount: Excluding all taxes

XI. Total Invoice Amount; Including all taxes

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Purchasing document information on the invoice (blanket contract number, contract release order number

(CRO) purchase order (PO) or Divisional Purchase Order (DPO), must be clearly indicated on the

invoice. (*This purchasing number should be provided by City staff at the time of order*)

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Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy

Organizations/individuals in Ontario, including the City of Toronto, have obligations under the Ontario Human Rights Code, the Occupational Health and Safety Act, the Employment Standards Act, the Accessibility for Ontarians with Disabilities Act, the Criminal Code of Canada and the Charter of Rights and Freedoms. In addition, the City of Toronto also has policies that prohibit discrimination on the additional grounds of political affiliation or level of literacy, subject to the requirements of the Charter. Organizations are required to have and post policies, programs, information, instruction, plans and/or other supports, and an appropriate internal process available to their employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints under the applicable legislation and including the additional grounds of discrimination prohibited under City policy. Individuals are obliged to refrain from harassment/hate activity. The City of Toronto requires all organizations and individuals that contract with the City to sign the following Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy. This Declaration must be signed by your organization and submitted with the contract or Letter of Understanding. The name of your organization and the fact that you have signed this declaration may be included in a public report to City Council.

Declaration:

I/we uphold our obligations under the above provincial and federal legislation. In addition, I/we uphold our obligations under City policies which prohibit harassment/discrimination on a number of grounds including political affiliation and level of literacy. WHERE LEGALLY MANDATED I/we have in place the necessary policies, programs, information, instruction, plans and/or other supports that are consistent with our obligations, and I/we have an internal process available to my/our employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints. I/we agree that I/we shall, upon the request of the City, provide evidence of the policies, programs, information, instruction, plans and other supports and an appropriate internal complaint resolution process required under this Declaration which is sufficient to allow the City to determine compliance. I/We acknowledge that failure to demonstrate compliance with this declaration to the satisfaction of the operating Division, in consultation with the City Solicitor, may result in the termination of the contract. Name of Vendor or Name of Grant Applicant (Organization or Individual): Complete Address: Email _____________________________ Tel. No. ____________________________ Postal Code: Fax No. ____________________________ Name of Signing Officer or Name of Applicant (Name – please print): Position

Signature: Date: Authorised Signing Officer or Individual

Multilingual Services: 311 and TTY 416-338-0889.Further information: www.toronto.ca/diversity.ca

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http://www.toronto.ca/diversity.ca

Toronto City Hall





Appendix C

Item (1) – PPI Pulp and Paper Week - OBM example

Item (2) – Bank of Canada exchange rate – example

Item (3) – Letter of Credit template provided

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FINANCIAL MARKETS DEPARTMENT

MONTHLY AVERAGE OF EXCHANGE RATES

Ottawa, December 2016, Average of 20 days

Country Monetary Unit Present Value in CanadianCurrency

Argentina Peso 0.08404

Australia Dollar 0.9799

Bahamas Dollar 1.3329

Brazil Real 0.3970

Chile Peso 0.002003

China Renminbi 0.1926

Colombia Peso 0.000444

Communauté Financière Africaine Franc 0.002143

Comptoirs Français du Pacifique Franc 0.01178

Croatia Kuna 0.1864

Czech Republic Koruna 0.05200

Denmark Krone 0.1891

East Caribbean Dollar 0.4955

Europe Euro 1.4060

Fiji Dollar 0.6326

Ghana Cedi 0.3150

Guatemala Quetzal 0.1718

Honduras Lempira 0.05750

Hong Kong Dollar 0.171797

Hungary Forint 0.004498

Iceland Krona 0.01183

India Rupee 0.01966

Indonesia Rupiah 0.000100

Israel New shekel 0.3481

Jamaica Dollar 0.01033

Japan Yen 0.01150

Malaysia Ringgit 0.2990

Mexico Peso 0.06505

Morocco Dirham 0.1319

Myanmar (Burma) Kyat 0.00099

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Netherlands Antilles Guilder 0.7479

New Zealand Dollar 0.9389

Norway Krone 0.1558

Pakistan Rupee 0.01272

Panama Balboa 1.3329

Peru New sol 0.3924

Philippines Peso 0.02679

Poland Zloty 0.3169

Romania New leu 0.3112

Russia Ruble 0.02153

Serbia Dinar 0.01139

Singapore Dollar 0.9287

South Africa Rand 0.09631

South Korea Won 0.001127

Sri Lanka Rupee 0.008938

Sweden Krona 0.1448

Switzerland Franc 1.3080

Taiwan New Taiwan dollar 0.04166

Thailand Baht 0.03725

Trinidad & Tobago Dollar 0.1981

Tunisia Dinar 0.5769

Turkey Lira 0.3811

United Arab Emirates Dirham 0.3629

United Kingdom Pound 1.66507500

United States Dollar 1.33293500

Venezuela Bolivar fuerte 0.1333

Vietnam Dong 0.000059

Nominal quotations based on official parities or market rates in terms of United States dollars, converted into Canadiandollars around noon Ottawa time.

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Template 1A

(PRINTED ON BANK LETTERHEAD)

IRREVOCABLE STANDBY LETTER OF CREDIT

Beneficiary:

City of Toronto

Issue Date:

Letter of Credit Number:

Credit Amount (Canadian

Funds):

Initial Expiry Date:

(12 months following

issue date)

We hereby authorize you, the City of Toronto, to draw on (Bank name, address and branch)

(the “Bank”) for the account of (customer name and address)_ , (the “Customer”) up to

an aggregate amount of $ Canadian Dollars (the “Credit Amount”) available on demand

up to _______(date)______ (the “Initial Expiry Date”) or a subsequent anniversary date,

and is hereby given to you pursuant to an agreement between the City of Toronto, and (name of

customer) with respect to the security for Solid Waste Management (name of goods and OTP

No.), dated ______________ (the "Agreement")."

Pursuant to the request of the Customer, the Bank hereby establishes in your favour and gives to

you a Standby Irrevocable Letter of Credit in the Credit Amount on which you may draw in

whole or in part at any time and from time to time, subject to the terms herein.

A drawing under this Letter of Credit shall be made by you presenting to the Bank, at the address

noted below, a demand in writing authorized by the City Treasurer or delegate.

Partial drawings are permitted.

Upon receipt of said demand, the Bank shall pay to you the amount stated in the demand,

to be payable to you without inquiring whether you have a right as between yourself and

the Customer to make such demand, and without recognizing any claim of the Customer or

objection by the Customer to payment by the Bank.

This Letter of Credit will continue up to the Initial Expiry Date but shall be subject to the

condition that it shall be deemed to be automatically extended without amendment for one year

from the present or any future expiration date hereof, unless 30 days prior to any such expiration

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date the Bank notifies you by notice in writing delivered to the City of Toronto at the address

noted below by registered mail that it shall not renew this Letter of Credit for any such additional

period. Upon receipt by you of such notice, you may draw hereunder, for the available balance

of this Letter of Credit by presenting a written demand together with confirmation that the

amounts drawn will be retained and used by you to meet obligations incurred or to be incurred in

connection with the Agreement. The demand must be authorized by the City Treasurer or

delegate.

Bank Name: _________________________ Countersigned:_______________________

Address: _________________________ Countersigned:_______________________

ADDRESS FOR NOTICE

1. NOTICE TO BANK

(bank to insert full address and contact information)

2. NOTICE TO CITY OF TORONTO

City of Toronto

Corporate Finance Division, Capital Markets

City Hall, 7th Floor, East Tower


Toronto, Ontario, M5H 2N2

G:\LEG\PLN\Kmcnabn\Development review matters\Finance matters\financial security business process\Final Process\Template 1A Letter of Credit precedent for

other than site plan matters Nov 2012.doc

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Toronto City Hall

NOTICE OF "NO BID"

QUO.#: 9208-17-0107

CLOSING DATE: February 2, 2017

IMPORTANT - PLEASE READ THIS It is important to the City to receive a reply from all invited bidders. There is no obligation to submit a quotation; however, should you choose not to bid, completion of this form will assist the City in determining the type of goods or services you are interested in bidding on in the future.

INSTRUCTIONS: If you are unable, or do not wish to bid on this quotation, please complete the following portions of this form. State your reason for not bidding by checking applicable box(es) or by explaining briefly in the space provided. It is not necessary to return any other quotation documents. Return the completed form prior to the official closing date. 1. We do not manufacture/supply this commodity Other reasons or additional comments

2. We do not manufacture/supply to this specification

3. Unable to quote competitively

4. Cannot handle due to present plant loading

5. Quantity/job too large

6. Quantity/job too small

7. Cannot meet delivery/completion requirements 8. Agreements with distributors/dealers do not permit us

to sell direct

9. Licensing restrictions

Yes No

Do you wish to bid on these goods/services in the future?

For City's use only - Do not write in this space

Company Name:

Address:

Signature of Company Representative:

Position:

Date: Tel. No.:

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old corrugated cardboard (occ) please note: a bid security

Documents