request for proposal (rfp) tire collection services for
TRANSCRIPT
Request for Proposal (RFP)
Tire Collection Services for
Divert NS
RFP No. RRFB0077
Issued by
(Divert NS is the registered business name of Resource Recovery Fund Board, Inc.)
January 24, 2020
1
TABLE OF CONTENTS Section Page
List of Appendices and Acronyms 2
1.0 Objective 3
2.0 Introduction 3
3.0 Overview 3
3.1 The Legislation 3
3.2 The Industry Stewardship Agreement 4
3.3 The Regulated Used Tire Management Program 4
3.4 The Voluntary Program Component 4
4.0 Scope of Work 5
4.1 Tire Collection Services 5
4.2 Temporary Storage 5
4.3 Service Zones 6
4.4 Service Agreements and Term 6
4.5 Key Considerations 7
4.6 Materials Control System – Advisory Only 11
5.0 Conflict of Interest 12
6.0 Proposal Requirements 13
6.1 Mandatory 13
6.2 Administrative 14
6.3 Technical Response 16
6.4 Pricing Response 17
7.0 Proposal Submission Procedures 18
7.1 Closing Date 18
7.2 Format 18
7.3 Disqualification 18
7.4 Addenda 18
7.5 Clarifications 19
7.6 Amendment or Withdrawal of Proposal 19
7.7 Ownership of RFP Responses and Access to Information 19
8.0 Proposal Evaluation Procedures 20
8.1 Opening 20
8.2 Evaluation Committee 20
8.3 Scoring 20
8.4 Notification 22
8.5 Awarding of Contract 22
9.0 Liability for Errors 22
10.0 Reservation of Rights 23
11.0 Disclaimer 23
2
LIST OF APPENDICES Appendix Page
A Acceptance of Requirements (form) 24
B Collection Data and Number of Retailer Pickup Locations 25
C Draft Service Agreement 26
D Proposal Evaluation Criteria 44
E Pricing Response (template) 45
LIST OF ACRONYMS AST Atlantic Standard Time CBRM Cape Breton Regional Municipality (Cape Breton County) CGL Commercial General Liability (insurance) EFT Electronic Funds Transfer EHF Environmental Handling Fee HRM Halifax Regional Municipality (Halifax County) HST Harmonized Sales Tax ILOC Irrevocable Letter of Credit OH&S Occupational Health and Safety PLPD Public Liability and Property Damage (insurance) PTE Passenger Tire Equivalent (unit of measure) RFP Request for Proposal RJSC Registry of Joint Stock Companies ROCAPS Recovery Operations Collection and Payment System (ROCAPS2000™) RRFB Resource Recovery Fund Board, Inc. (operating as Divert NS) UTMP Used Tire Management Program WCB Workers’ Compensation Board (insurance)
3
1.0 Objective
Divert NS is seeking tire collection services to provide for the collection and
transportation of regulated program and voluntary program materials from tire retailer
and certain other authorized locations (collectively “authorized locations”) throughout
Nova Scotia with delivery to one or more “designated location(s)” for
processing/recycling/trans-shipping.
Divert NS intends to award a separate agreement for each of its four geographic
service zones which shall require the successful proponent(s) to dedicate equipment
and personnel specifically, and only, for the collection/loading, transportation and
delivery/off-loading of all regulated and voluntary program materials.
The successful proponent(s) shall be ready to provide service commencing on May 1,
2020.
THIS IS A REQUEST FOR PROPOSAL (RFP) AND NOT A TENDER CALL
2.0 Introduction
Divert NS (registered operating name of Resource Recovery Fund Board, Inc.) is a not-
for-profit corporation established in 1996 to administer major components of the Nova
Scotia Solid Waste-Resource Management Strategy (1995). Its mission is to work with
Nova Scotians to improve our environment, economy and quality of life by reducing,
reusing, recycling and recovering resources.
Divert NS is the appointed administrator of key legislated product stewardship
programs including the Used Tire Management Program (UTMP), the Beverage
Container Program and also provides services under contract to manage logistics and
oversight components of the industry-led Consumer Paint Product Stewardship
Program.
3.0 Overview
3.1 The Legislation
The Solid Waste-Resource Management Regulations banned certain types of used tires
from disposal in provincial landfills effective April 1, 1996. The product stewardship
program to manage these banned materials was established January 2, 1997. Tire
retailers are required to enter into an Industry Stewardship Agreement with Divert NS
which ensures proper end-of-life management of all used tires captured by the
Regulations.
4
3.2 The Industry Stewardship Agreement
Every tire retailer selling a new tire (as defined under the Regulations) in or into Nova
Scotia to an end user must enter into an Industry Stewardship Agreement with Divert
NS. The Agreement requires that the retailer remit an Environmental Handling Fee
(EHF) on each new tire sold which, in turn, is dedicated for the recycling of that tire at
the end of its useful life. The retailer must also accept, free of charge, up to a
maximum of four (4) used tires from a consumer per visit/sales transaction. These
used tires are picked up, without charge to the retailer, and delivered to a designated
processing/recycling facility. There are close to 1,000 tire retailers participating in the
UTMP.
3.3 The Regulated Used Tire Management Program
Tires captured by the Regulations and banned from Nova Scotia landfills include:
▪ all passenger tires and light truck tires (including all on-road motorcycle, camper and trailer tires); and
▪ highway truck, tractor, and trailer tires with a rim size not exceeding 24.5 inches
A one-time EHF is attached to each new tire in the above categories when sold in or into Nova Scotia. Currently, the EHF for passenger and light truck tires is $4.50 per tire while highway truck, tractor and trailer tires attract an EHF of $13.50 per tire.
Divert NS administers the Program and uses the EHFs to cover all program costs, including:
✓ payment of a “per unit” Fee for Services to its existing contractors to collect used
tires from registered retailers and other authorized locations; and
✓ transport these used tires to a designated processing/recycling/trans-shipping
facility;
✓ payment of a “per unit” Fee for Services to contracted processors/recyclers to
receive and process used tires (marketing of any saleable products is the
responsibility of the processor/recycler);
✓ program awareness;
✓ compliance audits; and
✓ administration.
3.4 The Voluntary Program Component
In June of 2018, Divert NS launched a voluntary recycling program for bicycle tires.
Close to 30 bicycle retail/repair shops across Nova Scotia now support this initiative
and accept used and/or worn out bicycle tires and tubes for recycling, free of charge.
Participating retailers are asked to strap the tires and tubes in bundles of 25 and then
drop them off at the nearest (car/truck) tire retailer for regular pickup by a contracted
Divert NS service provider. Due to tracking and reporting requirements for this
voluntary program component, all collected bicycle tires and tubes must be delivered
by the service provider to the Divert NS trans-shipping facility for interim storage.
5
4.0 Scope of Work
4.1. Tire Collection Services
For purposes relating to this RFP, Divert NS requires weekday (normally Monday
through Friday) tire collection services using appropriate resources (equipment and
personnel) dedicated specifically and solely for such services, and which include but
are not necessarily limited to:
✓ provision of self-owned/leased and maintained vehicle(s) and equipment appropriate
for the purpose of collecting regulated and voluntary program materials;
✓ collection of regulated and voluntary program materials only from tire retailers
registered with or otherwise authorized (e.g. auto salvage yard or municipal waste
management site) by Divert NS to receive pickup service;
✓ coordinating and maintaining appropriate, convenient and timely collection service
directly with tire retailer and other authorized pickup locations;
✓ loading (i.e. hand bombing or, if practical, by mechanical means) of regulated and
voluntary program materials at each authorized pickup location;
✓ transportation of collected regulated and voluntary program materials to a designated
processing/recycling/trans-shipping facility;
✓ unloading (i.e. hand bombing or, if practical, by mechanical means) of regulated
program used tires at a designated processing/recycling facility and unloading of
voluntary program used bicycle tires and tubes at a designated trans-shipping facility;
and
✓ appropriate and detailed record keeping utilizing forms and procedures as
established or approved for use by Divert NS and which may be modified from time
to time.
Only where a proponent deems it to be a viable and necessary component of their
proposal, tire collection service shall also include temporary storage (see Section 4.2).
4.2. Temporary Storage
In an effort to maximize logistical and cost efficiencies, proponents may wish to
incorporate temporary storage into their proposal for tire collection service.
Examples of temporary storage include but are not limited to:
- provision of 53’ dry van(s) at one or more designated storage location(s); or
- indoor or outdoor (ground) storage at one or more designated storage location(s).
Any and all designated storage location(s) require approval by Divert NS and must be
maintained in material compliance with all applicable federal, provincial and municipal
laws, by-laws, regulations, ordinances and other similar provisions, including without
limitation environmental laws, occupational health and safety standards and good
engineering practices. Examples of relevant legislation include the Fire Safety
Regulations, the Fire Safety Act and/or the National Fire Code of Canada (2015). The
successful proponent(s) shall assume any and all costs associated with temporary
storage.
6
4.3. Service Zones
For purposes related to this RFP, Divert NS has divided the province into four (4) distinct
geographic service zones as shown here in Figure 1 and described below.
Figure 1
Zone 1: Cape Breton:
Counties of Victoria, Inverness, Richmond and Cape Breton (all of CBRM)
Zone 2: Eastern and Northern:
Counties of Guysborough, Antigonish, Pictou, Colchester, Cumberland and District of
East Hants
Zone 3: Valley, Western and South Shore:
Counties of Kings, Annapolis, Digby, Yarmouth, Shelburne, Queens, Lunenburg and
District of West Hants
Zone 4: Halifax:
includes all of Halifax Regional Municipality (Halifax County)
In submitting a proposal, the proponent may choose to provide either single-zone or
multi-zone service. Where proposing service for more than one zone, the proponent
must complete each applicable section of the Pricing Response1.
Note 1: Pricing Response for each zone will be evaluated independently of each other –
further detail is provided in sections 4.5 and 8.3.
4.4. Service Agreements and Term
Divert NS intends to award four (4) separate service agreements resulting from this
RFP to provide tire collection services for each of Zones 1, 2, 3 and 4.
The term of each resulting agreement shall be five (5) years, effective May 1, 2020,
and expiring April 30, 2025 (the “initial term”), with an option for not more than two
(2) annual renewal terms (each being a “renewal term”) which may be exercised at
the sole and unfettered discretion of Divert NS.
A sample draft service agreement is provided in Appendix C.
Advisory: Any sub-contracting of services by the successful proponent is subject to
prior approval by Divert NS.
7
4.5. Key Considerations
The following information is intended to assist proponents in preparing a response to
this RFP document.
Regulated Program Material
The regulated Used Tire Management Program currently accepts:
✓ all passenger car tires, regardless of rim size;
✓ all motorcycle tires, regardless of rim size;
✓ all light truck tires not exceeding 17” rim size; and
✓ all medium truck, highway truck and tractor/trailer tires2 with a rim size greater
than 17” but not exceeding 24.5” rim size.
Note 2: Includes “Super Single” units normally with a tread face width of approximately
18”.
Voluntary Program Material
The voluntary bicycle tire recycling program currently accepts:
✓ all bicycle tires, regardless of size; and
✓ all bicycle tire inner tubes, regardless of size.
Non-Program Material
Common exclusions to the regulated and voluntary programs:
agricultural equipment tires, e.g. farm tractor;
other large Off-the-Road (OTR) tires, e.g. loader, grader, skidder;
small OTR tires, e.g. all-terrain vehicle (ATV), lawn tractor;
industrial/commercial vehicle tires, e.g. forklift, boom or scissor lift;
motorized personal transportation vehicle tires, e.g. moped, scooter; and
tires with a non-vehicle utility, e.g. pallet jack, wheelbarrow, hand truck
Available Collection Volume
Divert NS estimates, but does not warrant or guarantee, that the total volume of used
tires available for collection under the current regulated program is likely to remain static
over successive annual reporting periods and may or may not be reflective of any trends
in the purchase of new tires or disposal of used tires by consumers in Nova Scotia.
Appendix B provides historical collection data by zone and further stratified by
county/district for the 12-month period October 1, 2018 to September 30, 2019 (most
recent one-year period for which data is 100% complete).
Authorized Pickup Locations
Appendix B also provides the number of authorized pickup locations (current to January
17, 2020) by zone and further stratified by county/district.
Advisory: The successful proponent(s) shall be provided with a detailed listing of
authorized pickup locations for the zone(s) awarded as a result of this RFP to facilitate
route mapping and scheduling.
8
Pickup Frequency
Authorized tire retailer locations will require regular pickup service as scheduled by the
successful proponent(s) in consultation with the retailers.
Additional authorized pickup locations (e.g. salvage yards, municipal waste management
facilities) may require a one-time pickup only or occasional/infrequent pickup service.
Designated Locations
Regulated program materials must normally be delivered to one of the designated
locations below for processing as directed by Divert NS.
Designated Locations – Regulated Program Materials
Lafarge Canada Inc.
87 Cement Plant Road
Brookfield, NS B0N 1C0
Halifax C&D
24 Mills Drive
Goodwood, NS B3T 1P3
Allocated Collection Volume
At present, a combined minimum 80% of the total available collection volume identified
in Appendix B is allocated to the two processors above. Divert NS retains its right to
assign the remaining 20% either for processing or special projects which may require
delivery to one or more new/different designated location(s).
For purposes of responding to this RFP, and specifically in presenting a Pricing Response,
proponents may assume that a significant majority, but not necessarily all, of the
regulated program materials collected in Zones 1 and 2 will require delivery to Lafarge
Canada Inc. Proponents may also assume that a significant majority, but not necessarily
all, of the regulated program materials collected in Zones 3 and 4 will require delivery
to Halifax C&D.
Similarly, in presenting a Pricing Response, proponents may assume that all voluntary
program materials, i.e. all bike tires and tubes collected in Zones 1, 2, 3 and 4, must be
delivered to the designated location below approximately once every six months for
interim storage/trans-shipping.
Designated Location – Voluntary Program Materials
Divert NS Processing/Warehouse Facility
119 Mingo Road
Kemptown, NS B6L 2K4
Units of Measure for Collection and Payment
Divert NS normally tracks the volume of used tires collected by two units of measure:
physical count and weight.
Physical count is the method by which contracted collection service providers record
volume collected at each authorized pickup location.
Weight is the method by which contracted service providers are paid.
The defined unit of measure for reconciling physical count and weight is Passenger Tire
Equivalent (PTE) and for program purposes is intended to approximate the weight of a
single car passenger tire (1 PTE = 10 kilograms or 22.05 pounds).
9
Approximate PTE conversion ratios for the various “tire types” accepted under the
existing programs as well as approximate equivalent weights are provided in Table 1.
The table is intended to be used as a reference guide only and will allow contracted tire
collection service providers to approximate the weight they are delivering to the
processing/recycling/trans-shipping facility based on their unit count/load mix.
Table 1: PTE Conversion Ratios
Tire Type PTE Weight*
Passenger Car and Motorcycle
(regardless of rim size) = 1 = 10 kgs
Light Truck Tire
(not exceeding 17” rim size) = 1 = 10 kgs
Medium truck, highway truck and tractor/trailer tires
(rim size greater than 17” but not exceeding 24.5”) = 5 = 50 kgs
Super Single (tread face width of approximately
18”)
(rim size greater than 17” but not exceeding 24.5”)
= 10 = 100 kgs
Bicycle Tires and Tubes – Bundle of 25
(regardless of size) 1 10 kgs
* Weight is approximate
Actual net receiving weight of each load of regulated program tires is determined by and
recorded at the processing/recycling facility. This net receiving weight is reported to
Divert NS.
Deductions for Contamination
Moisture:
Divert NS factors a Moisture Deduction Percentage into the processor’s reported net
receiving weight. This deduction gives consideration for water, snow and/or ice
contamination and varies dependent on the month. These standard deduction
percentages and months in which they are applied are provided in Table 2 below.
Table 2: Moisture Deduction Percentages
Month(s) Deduction
April through October 2.5%
November 5.0%
December through March 7.5%
Other Contaminants:
The tire collection service provider is responsible for ensuring that any and all other
contaminants including, but not limited to, rims, miscellaneous auto parts, gravel and mud
are not present in used tire loads delivered to the processor.
All loads are subject to inspection by the processor prior to accepting delivery/off-
loading. Where the types of contaminants described above are discovered, the processor
may opt to either reject the load outright or accept the load and carry out necessary de-
contamination and proper disposal of contaminants. In any event, the processor shall
report details of each contaminated load along with photo evidence and all costs incurred
10
to carry out de-contamination. These costs shall become the sole responsibility of the
tire collection service provider.
In determining appropriate payment on each invoice submitted by tire collection service
providers, Divert NS shall first apply (or confirm, if already calculated on the invoice)
moisture deduction percentages against reported net receiving weights to arrive at an
adjusted net receiving weight and then, if applicable, shall deduct from such fees, any
amounts necessary to recover de-contamination costs paid by Divert NS to the processor.
Performance Bond
Divert NS will require each successful proponent to carry a performance bond or
irrevocable letter of credit (ILOC) in an amount determined as per the schedule below.
Service Level Description Bond/ILOC Amount
Single Zone Providing services in one zone only $50,000
Multi-Zone Providing services in two or more zones
(maximum of four zones)
$100,000
(maximum*)
* For clarity, the Bond/ILOC Amount will hold at $100,000 if servicing two, three or four zones
Proponents must ensure, before submitting a proposal, that they are able to secure a
bond or letter of credit in the amount required and, if successful, they will be responsible
for paying any and all costs associated with maintaining the bond or letter of credit for
the duration of any agreement(s) resulting from this RFP.
Surcharges
In submitting a proposal, the proponent assumes complete liability for fluctuations in
costs which might normally affect pricing and may, at their discretion, factor any
associated risk into their pricing. For greater clarity, Divert NS will not consider any
fuel or other surcharges in a proponent’s proposal.
Pricing
Proponents are required to submit pricing for services as follows:
▪ a Per PTE Price3 for each zone for which they are proposing to provide service
Note 3: if proposing multi-zone service, a proponent may elect to present a different Per
PTE Price for each zone or present a same “blended” price for each zone.
In calculating a Per PTE Price for each zone, proponents should take into consideration:
✓ vehicle/equipment ownership/lease costs, including maintenance;
✓ estimated volume of used tires/PTEs available for collection within a given zone;
✓ number of regular pickup locations and travel distance within a given zone;
✓ estimated frequency of pickups;
✓ location(s) and associated costs of temporary storage (if applicable);
✓ location of designated processing/recycling locations and travel distance;
✓ location of designated trans-shipping location and travel distance;
✓ fuel costs;
✓ moisture deduction;
✓ performance bond premiums;
✓ no surcharges will be considered by Divert NS;
✓ profit margin; and
✓ any other factor(s) impacting their pricing model
11
All pricing submitted in a response to this RFP must be shown exclusive of Harmonized
Sales Tax (HST). For greater clarity, do not include HST.
Advisory: Prices presented in a proposal and subsequently accepted by Divert NS shall
hold for the first three years of the five-year term of any agreement resulting from this
RFP and shall be subject to an annual adjustment in years four and five of the term
based on the Consumer Price Index (CPI) for Nova Scotia.
Compliance
Divert NS shall require the successful proponent to obtain and maintain all permits,
licenses, operating certificates and authorities required for transporting used tires under
applicable provincial, municipal and/or federal legislation AND shall manage these
materials in accordance with all standards, rules, instructions and specifications as may
be determined by Divert NS and/or regulatory agencies from time to time.
Invoicing
Divert NS shall require the successful proponent to submit their invoice(s) with backup
on a weekly basis, normally on the 1st business day following the end of the previous
work week (i.e. submit on Monday for the previous Monday to Friday work week).
Payment shall be issued via electronic funds transfer (EFT) within thirty (30) days of
receipt of the invoice(s).
4.6. Materials Control System – Advisory Only
Divert NS uses proprietary database software for tracking the collection of, and
remittances associated with certain program materials – currently used beverage
containers and leftover paint. The Recovery Operations Collections and Payment System
(ROCAPS – trademarked as ROCAPS2000™) also generates additional financial
information associated with the pickup and transportation of these recyclable materials.
As part of this “Materials Control System”, handheld scanners are used at key activity
points to record critical information.
Divert NS may, at some point during the term of the service agreements awarded
resulting from this RFP, introduce this scanning technology to the Used Tire
Management Program. Should this happen, Divert NS shall provide all hardware and
initial training required to operate the Materials Control System. The Contractor shall
be required to maintain Divert NS hardware in good condition and, with the exception
of reasonable wear and tear, will be liable for any damage to, or destruction of,
ROCAPS2000™ hardware.
The necessary training to operate the Materials Control System shall be provided at no
cost to the Contractor. Salary and/or wages and benefits for the person(s)
participating in or attending the training are excluded from Divert NS’ responsibility for
training and remain the responsibility of the Contractor.
The Contractor shall assign one or more designated employee(s) to complete this
training and thereafter, the Contractor’s designated employee(s) shall be responsible
for training all other employees of the Contractor as required to ensure the Materials
Control System operates without interruption to the extent that the Contractor can
reasonably be held responsible.
12
5.0 Conflict of Interest
Proponents must indicate in the Acceptance of Requirements Form (Appendix A) if a
conflict of interest exists. Where a proponent indicates that there may be or is a
conflict, written disclosure of the details of such perceived/potential or real conflict of
interest must be attached to the completed form.
Divert NS reserves the right to disqualify any proponent that in Divert NS’ sole opinion
has a perceived/potential or real conflict of interest or an unfair advantage, whether
existing now or is likely to arise in the future, or may permit the proponent to continue
and impose such terms and conditions, as Divert NS in its sole discretion may require.
A proponent that is related, affiliated, an associate, has common ownership (as defined
by the Canada Business Corporations Act and/or the Income Tax Act) or has a
business relationship, including a financial relationship with another entity that is
involved in a business relationship with Divert NS will be deemed to be in a conflict of
interest.
The operations infrastructure for the Used Tire Management Program has three main
components:
1. Tire retailer network;
2. Tire collection services; and
3. Tire processing/recycling services.
With respect to these components of operational infrastructure and pursuant to Divert
NS policy respecting Fraud and Contracts: Separation of Services, ownership or
operation of any one component must be independent from ownership or operation of
the other components. With respect to this RFP, a proponent cannot, for example,
provide tire collection services under contract with Divert NS and also provide tire
processing/recycling services under contract with Divert NS.
13
6.0 Proposal Requirements
Proponents are expected to provide a response to each item listed in this section.
Certain criteria include the terminology must/shall and will be evaluated on a PASS/FAIL
(P/F) basis. A proposal shall be disqualified from further consideration if any response
to a PASS/FAIL item is not supported by proper and adequate detail and/or is deemed by
the evaluators to be unsatisfactory. All responses will be evaluated in adherence to the
process as set out in Section 8.3 of this RFP and scored using the evaluation scheme
provided in Appendix D.
All Mandatory items in Section 6.1 must be addressed. Failure to address any one of
these items will result in the proponent being disqualified.
Proponents are expected and encouraged to prepare their response in a format which
adheres to the numbering as presented in Sections 6.1 through 6.4.
6.1 Mandatory
The following are mandatory requirements:
6.1.1 Proponents must provide a statement confirming that, if their proposal
is accepted in whole or in part (i.e. all zones or fewer than all zones for
which they propose to provide services), they shall sign the applicable
Service Agreement(s)4 within ten (10) days of being notified that they
are the successful proponent [P/F].
Note 4: The Service Agreement will incorporate the content of this RFP
(including any issued amendments) and the successful
proposal and any other relevant terms. A sample draft
agreement is provided in Appendix C.
6.1.2 Proponents must provide their Pricing Response in a separate sealed
envelope [P/F].
6.1.3 Proponents must provide evidence of Public Liability and Property
Damage (PLPD) insurance for all motor vehicles owned, leased or
operated by the proponent/Contractor in an amount not less than five
million dollars ($5,000,000) general aggregate limit (photocopy of
policy declarations page is sufficient) [P/F].
6.1.4 Proponents must provide evidence of Workers’ Compensation Board
(WCB) insurance (photocopy of letter of good standing is sufficient)
OR provide a statement declaring exempt status5 [P/F].
Note 5: Exempt status applies in instances where there are two (2)
workers or less, including the owner.
6.1.5 Proponents must provide evidence of their ability to either secure or
renew a performance bond or irrevocable letter of credit (identifying
Divert NS as the “Obligee”) in the amount of $50,000 from a Surety
Company licensed to do business in Nova Scotia, the term of which
14
shall coincide with the initial five-year term of any Service
Agreement(s) resulting from this RFP. Where a proponent already has
such a performance bond or ILOC in effect with Divert NS and expiry of
the current term of such bond or ILOC is one year or more following
the Closing Date of this RFP, then a copy of such bond or ILOC shall
satisfy this requirement [P/F].
6.1.6 Proponents must provide a statement confirming that they agree to a
credit check6 to be conducted by and at the discretion of Divert NS
[P/F].
Note 6: Where, in the sole opinion of Divert NS, a credit check is deemed unsatisfactory, it shall cause the proponent’s proposal to be disqualified from further consideration.
6.1.7 Proponents must disclose in a written statement, a description of any
perceived/potential or real conflict of interest which the proponent
believes may or does exist after reviewing Section 5.0 (Conflict of
Interest) OR simply complete part (c) of the Acceptance of
Requirements Form (Appendix A) declaring that the proponent believes
there is no conflict of interest7 [P/F].
Note 7: Failure by a proponent to disclose any perceived/potential
conflict of interest in their response to this RFP and which
Divert NS subsequently deems to be real shall result in
immediate disqualification of the proposal.
6.1.8 Proponents must fully complete and sign the Acceptance of
Requirements Form (Appendix A) [P/F].
6.2 Administrative
The following are administrative requirements:
6.2.1 A hardcopy of the proponent’s full business registration profile as
published on the (Nova Scotia) Registry of Joint Stock Companies
(RJSC) website8. This should be the complete profile, showing all
registration details, including (i) the company’s legal name as
appropriate for using in a potential contract, (ii) the business
registration number, (iii) the current status of registration at the time of
your proposal submission and (iv) the most recent registration renewal
date. If your registration is not in good standing (status of ‘active’),
describe your plan to correct this should your company be selected for
a service agreement emerging from this RFP; OR
Alternately, if your company is not registered in NS, describe your plan
to become registered in Nova Scotia should your company be selected
for a service agreement emerging from this RFP. If located outside
Nova Scotia, the proponent should be prepared for Divert NS to
request evidence of equivalent registration in the proponent’s own
jurisdiction, as part of the evaluation. If the proponent is unable to
provide it, this may adversely impact any potential award.
15
Note 8: If the proponent is an individual whose proposal is submitted
under his/her personal name, as shown in his/her proposal,
business registration is not required. In this case only, the
proponent can disregard the requirements in 6.2.1 if desired,
or optionally include the following text in his/her proposal for
this sub-section: “This proposal is submitted under the
proponent’s personal name. Therefore, a business registration
profile is not included.”
6.2.2 The name, title, address, phone number and/or email address of the
person(s) representing the proponent’s company who will be legally
responsible for all contractual and financial issues which may arise as a
result of responding to this RFP.
6.2.3 The name, title, address, phone number and/or email address of the
person(s) duly authorized by the proponent’s company to respond to
Divert NS on all matters related to the content of the response to this
RFP.
6.2.4 Provide written submissions from two (2) references for which the
proponent has recently provided or is currently providing services. A
proponent currently providing services to Divert NS under the UTMP,
cannot use Divert NS as a reference. However, in this instance, the
proponent may source a letter of reference from a tire retailer and/or
tire processor/recycler. Each written submission should include:
✓ key contact information, including name, title, phone number
and/or email address;
✓ a brief description of the services provided by the proponent,
including, if/as applicable, territory covered, number of pickup
locations, length of routes, type and number of trucks and/or
other equipment assigned to the contract and the start date
and length of the contract;
✓ a clear indication as to whether or not the services met
expectations and/or contract/agreement requirements, if
applicable;
✓ if applicable, a clear indication as to whether or not the
services are or were delivered for the price originally agreed
upon; and
✓ if applicable, a clear indication as to whether or not a
contingency plan was requested or provided and, if used, that
it was satisfactory.
6.2.5 The proposal format reflects substantial adherence to instructions
provided.
16
6.3 Technical Response
6.3.1 Provide a detailed description of equipment that the proponent intends
to dedicate for tire collection services, including number of straight
trucks and/or any other equipment to be used specifically and only for
such services, e.g. tractor unit(s), dry van trailer(s), dump trailer(s),
pup trailer(s), grapple hook(s), etc. For each, specify age, general
condition, load capacity and any other detail you wish to disclose –
photos should be included. Also, identify the service zone(s) to which
each piece of equipment will be assigned.
If additional equipment is to be purchased/leased should the
proponent’s proposal be accepted, provide timelines to secure such
equipment in addition to all available detail mentioned above.
6.3.2 Provide a summary table (using sample template below) of personnel
resources to be used for the proposed services, including:
✓ Identification of assigned service zone(s);
✓ Existing or intended role and/or title (e.g. Office Manager,
Dispatcher, Driver 1, Driver 2, etc.);
✓ Existing or intended status as either an employee or, if
applicable, sub-contractor; and
✓ Existing or intended status as either Full-Time (F/T) or Part-
Time (P/T).
Zone(s) Role/Title Employee/Sub-Contractor F/T or P/T
6.3.3 Provide details9 of the proponent’s employee health and safety
program which satisfies requirements under the (Nova Scotia)
Occupational Health and Safety Act and applicable Occupational Safety
General Regulations and Occupational Health and Safety First Aid
Regulations.
Note 9: A written overview of the program (maximum one page), along
with a few key program policies, as well as a table of contents from the
proponent’s OH&S program manual shall normally satisfy content
requirements for this criterion.
6.3.4 Provide a detailed description of experience and capabilities.
Experience with existing or previous comparable service agreements
should be highlighted in a response. Capabilities may relate to human
and capital resources, certain expertise, equipment and/or technology,
etc. Also, describe any similarities or differences with respect to
current service agreements which may be of benefit or present a
challenge if selected as a service provider for Divert NS.
17
Advisory: Incumbent and former service providers are hereby made
aware that any documented non-performance issues and/or notices of
breach under current or past service agreements with Divert NS may
adversely impact their score in a response to this criterion.
6.3.5 Provide a detailed contingency plan which can be implemented in the
event of equipment or other failure which would interrupt normal
pickup and transportation of regulated and voluntary program materials
for a period exceeding 24 hours.
6.3.6 Divert NS follows, in principle, the Province’s commitment of
purchasing goods and services in a manner that is better for our
economy, our environment, and our communities. To find out more
about this government initiative go to:
https://procurement.novascotia.ca/policies-processes/sustainable-
procurement.aspx
To help Divert NS better understand the sustainable attributes for
service agreements awarded under this RFP, the proponent should
prepare the following:
6.3.6.1 A statement (maximum 2 paragraphs) that outlines the
proponent’s commitment to the sustainable prosperity of Nova
Scotia (e.g. meeting today’s needs without compromising the
needs of tomorrow);
6.3.6.2 A description of how the services you are proposing will be
provided in a sustainable manner (e.g. considering greenhouse
gas reduction, other efficiencies and/or waste reduction,
worker health and safety, and local economic development);
and
6.3.6.3 A description of any data currently being recorded that allows
you to track or measure the environmental impacts10 of your
fleet operations (e.g. kilometers travelled, fuel costs/savings,
reduced emissions, etc.) and reporting frequency.
Note 10: Divert NS will require regular reporting of this type of
data in a standard format to be developed in
consultation with the successful proponent(s).
6.4 Pricing Response
Responses for this section must be provided in a separate sealed envelope,
clearly marked “Pricing Response”.
Proponents are strongly encouraged to first review Section 4.5 (Key
Considerations) and Appendix C (Draft Service Agreement) and then fully
complete the Pricing Response template provided in Appendix E.
All pricing submitted in a response to this RFP must be shown exclusive of
Harmonized Sales Tax. For greater clarity, do not include HST.
18
7.0 Proposal Submission Procedures
7.1 Closing Date
Proposals must be received by 3:00pm (AST), Monday, February 24, 2020,
and shall be delivered by regular mail, courier or in person to:
Gilles Doucette
Director of Operations
Divert NS
35 Commercial Street, Suite 400
Truro, NS B2N 3H9
All proposals delivered by regular mail, courier or in person are to be sealed
and clearly marked “Proposal – Tire Collection Services for Divert NS”. Receipt
of proposals will be acknowledged by email where an email address has been
provided with and/or is visible on the exterior of the sealed proposal
submission. Proposals received after the closing date and time will not be
considered. Proposals received via fax or email will not be considered.
7.2 Format
Proposals are to be submitted in a format that adheres to the numbering as
presented in Sections 6.1 through 6.4 inclusive. One double-sided print
unbound original, clearly marked ORIGINAL, and two double-sided print bound
copies clearly marked COPY are to be provided plus one electronic version (on
flash drive or other storage format).
As required in Sections 6.1.2 and 6.4, the Pricing Response must be submitted
in a separate sealed envelope – one clearly marked ORIGINAL and two clearly
marked COPY are to be provided plus one electronic version on a separate
flash drive (or other storage format) and included in the same sealed envelope.
7.3 Disqualification
Proposals should be concise and must address all mandatory requirements
detailed in this RFP document. Failure to do so will cause the proposal to be
deemed non-compliant and therefore immediately disqualified. Disqualified
proposals shall not receive further consideration.
7.4 Addenda
Any interpretation or change in the RFP document prior to the closing date will
be made by written addendum, which will be numbered, dated and sent to all
known proponents and posted to the Nova Scotia Procurement Services
website.
19
These addenda shall become part of the RFP document. It is the responsibility
of the proponent to ensure that he/she has received all addenda or other
instructions issued by Divert NS during the RFP open period.
7.5 Clarifications
Clarifications requested by a proponent must be submitted to the Operations
and Procurement Specialist by email ([email protected]) not less than 5
business days prior to the RFP closing date. Clarifications requested less than
5 days prior to the closing date cannot be guaranteed a response. Verbal
requests for clarification will not be entertained. Significant clarifications will be
made in the form of an addendum which will be sent to all known proponents
and posted on the Nova Scotia Procurement Services website.
7.6 Amendment or Withdrawal of Proposal
Proponents may amend proposals submitted prior to the Closing Date by
submitting a new proposal with “Revised” written into the proposal submission.
Amended proposals received after the Closing Date will not be considered.
Proponents may withdraw their proposal at any time throughout the RFP
process prior to execution of a Service Agreement.
7.7 Ownership of RFP Responses and Access to Information
All documents, including RFP responses, submitted to Divert NS become the
property of Divert NS and are potentially subject to disclosure under the Nova
Scotia Freedom of Information and Protection of Privacy Act or otherwise. By
submitting a proposal, the proponent thereby agrees to public disclosure of its
content. Any information the proponent considers ‘personal information’ or
‘confidential information’ because of its proprietary nature should be marked as
“confidential” and will be subject to appropriate consideration but cannot be
guaranteed protection from disclosure.
Divert NS maintains the right to make additional copies of all responses for its
internal evaluation process and provide copies to the Evaluation Committee,
staff, advisors, or other entities which may support the Evaluation Committee.
The proponent acknowledges that any contract entered into pursuant to this
RFP is a public document.
20
8.0 Proposal Evaluation Procedures
8.1 Opening
All proposals will be opened at the offices of Divert NS in accordance with any
relevant information supplied with this RFP document.
8.2 Evaluation Committee
An Evaluation Committee comprised of representatives of Divert NS and
potentially others shall evaluate the proposals. To assist in the evaluation of
the Responses, the Evaluation Committee may, but is not required to:
• Conduct reference checks relevant to the proposal with any or all of the
references cited in a response to verify any and all information regarding a
proponent and rely on and consider any relevant information from such
cited references in the evaluation of responses; and/or
• Conduct any background investigations that it considers necessary in the
course of the evaluation process and consider any relevant information
resulting in the evaluation of responses; and/or
• Conduct an in-person interview with a proponent prior to final evaluation of
a proponent’s Technical Response and rely on and consider any relevant
information from such interview in the evaluation of responses.
8.3 Scoring
The Evaluation Committee shall evaluate all submissions against a uniform set
of Proposal Evaluation Criteria (Appendix D).
The proposals will be evaluated using the following process:
Step 1: Verify each proposal is compliant with the Mandatory (PASS/FAIL)
Criteria identified in Section 6.1. Any proposal that does not meet all of the
Mandatory Criteria will be disqualified at this step and shall receive no further
consideration.
Step 2: For proposals meeting all of the Mandatory Criteria, each will undergo a
preliminary evaluation of the Administrative and Technical Response criteria. A
minimum qualifying score of 90 (out of 150) is required at Subtotal A for the
proposal to receive further consideration.
Step 3: For all proposals that achieve or exceed the minimum qualifying score
on the Administrative and Technical Response criteria, the Pricing Response
provided with the proposal will be evaluated for compliance, i.e. completeness
and in adherence to instructions provided in Sections 4.5, specifically Pricing,
and 6.4.
21
Any Pricing Response deemed non-compliant by the Evaluation Committee
shall be immediately disqualified and shall automatically disqualify the
proponent from further consideration for the awarding of a service agreement.
Step 4: All compliant Pricing Response submissions will then be evaluated as
follows:
The Pricing Response submitted for Zone 1 only that presents the lowest
annual cost, using relevant data contained in Appendix B and as calculated by
the Evaluation Committee shall receive the maximum points allowable for the
Pricing Response for Zone 1. All other compliant Pricing Response submissions
for Zone 1 will receive a rating calculated by dividing the annual cost into the
lowest annual cost and multiplying by the maximum points allowable.
Example
Proponent Zone 1 per PTE Annual Cost Calculation Points
A $1.25 $276,913 Lowest 150 (max)
B 1.80 $398,754 $276,913/$398754*150 104.2
C 1.50 $332,295 $276,913/$332,295*150 125.0
Similarly, each Pricing Response submitted for Zones 2, 3 and 4 will be scored
in the same manner as above.
Step 5: The Evaluation Committee will identify a preferred proposal for Zone 1
by adding the proponent’s score at Subtotal A, to their score for the Pricing
Response for Zone 1. The highest combined score shall normally identify the
preferred proposal for Zone 1 and, subject only to the outcome of an
“optional” interview as contemplated below, determine the successful
proponent.
Similarly, a preferred proposal for each of Zones, 2, 3 and 4 will be identified
in the same manner as above.
Optional: The Committee may opt to conduct an in-person interview with one
or more preferred proponent(s) and/or other high scoring proponents to verify
proposal information and/or validate scoring of the proposal(s) prior to
selecting the successful proponent(s).
Step 6 (if necessary): Following the interview(s), the Evaluation Committee will
re-visit the Technical Response component of the preferred proposal(s) and/or
Technical Responses of other high scoring proponents to arrive at a confirmed
or adjusted Final Score for each proponent interviewed.
Step 7 (if necessary): Where an adjusted Final Score for the any of the
proponents interviewed no longer makes a proposal first identified in Step 5
above a preferred proposal for a particular zone, the Evaluation Committee
may, at its sole and unfettered discretion, identify a new preferred proposal for
that particular zone and successful proponent in a manner consistent with this
process.
22
Tie Breaker
Where two or more proposals achieve the same highest combined score for a
particular zone, the proposal with the higher scoring Pricing Response shall be
deemed the preferred proposal for that particular zone.
Should two or more proposals achieve identical highest scores, both at
Subtotal A and for the Pricing Response, Divert NS shall defer to Section
10.1.3 of this RFP in determining the preferred proposal for a particular zone.
The Evaluation Committee shall conduct its business in a non-partisan manner
at all times.
8.4 Notification
The successful proponent(s) shall be notified by email or regular mail of the
acceptance of their proposal following completion of the proposal evaluation
process.
8.5 Awarding of Contract
The awarding of any service agreements as a result of this RFP shall be at the
sole discretion of Divert NS. Divert NS reserves the right to either award a
service agreement to the most effective proponent for each zone as
determined by the evaluation criteria or not to make an award if none of the
proposals received represents an acceptable level of value and risk in the
opinion of the Evaluation Committee.
In the event that Divert NS and a successful proponent are unable to finalize
and enter into a contract within ten (10) days of Divert NS notifying the
proponent that is was a successful proponent for a particular zone, Divert NS
shall have the right at its discretion to enter into negotiations with the next
highest scored proponent for that zone for the award of a service agreement
and Divert NS shall have no other responsibility to the original successful
proponent with whom a service agreement could not be finalized.
9.0 Liability for Errors
While Divert NS has made efforts to ensure an accurate representation of information in
this RFP, the information contained in the RFP, including materials incorporated by
reference or made available in connection with this RFP, is supplied solely as a
guideline for proponents. The information is not guaranteed or warranted to be
accurate by Divert NS, nor is it necessarily comprehensive or exhaustive.
The proponent, by submitting a proposal, agrees that it will not claim damages,
including damages incurred by the proponent in preparing its proposal or for matters
relating to any service agreement or in respect to the competitive process, and the
proponent by submitting a proposal, waives any claim for loss of profits if no service
agreement is made with the proponent.
23
10.0 Reservation of Rights
10.1 Divert NS reserves the following rights:
10.1.1 To reject any proposal not meeting the requirements as outlined in the
RFP document;
10.1.2 To reject any or all proposals if deemed unsatisfactory or fail to meet
the mandatory requirements;
10.1.3 To accept or reject any or all proposals, or to accept any proposal
deemed most satisfactory and in the best interests of Divert NS, which
shall be determined at the sole, unfettered discretion of Divert NS;
10.1.4 To waive formality, informality or technicality in any proposal of a non-
material nature;
10.1.5 Where all price offers among the eligible, qualified proposals exceed
Divert NS’ budget for Tire Collection Services, and Divert NS is
unwilling or unable to award an agreement at the proposal price and
does not wish to abandon this initiative, Divert NS reserves the right to
initiate a re-proposal process or negotiate with proponents in an effort
to adjust service requirements in such a way to reduce proposal prices
while preserving the integrity of Divert NS objective of the RFP;
10.1.6 To enter into negotiations with another of the proponents submitting a
proposal prior to a final award;
10.1.7 The lowest priced proposal, or any proposal for a particular zone, will
not necessarily be accepted; and
10.1.8 The right to cancel this RFP at any time.
11.0 Disclaimer
This RFP document does not constitute an offer, nor promise to offer to enter into any
business agreement or relationship, nor should any intent to enter into a service
agreement or relationship be construed. It is a guidance document to assist
proponents in preparing a proposal to provide Tire Collection Services for Divert NS.
This RFP implies no obligation on Divert NS to accept any proposal submitted. Divert
NS shall not be responsible for any costs incurred by proponents in preparing a
response to this RFP document or by participating in this RFP.
24
Appendix A
Acceptance of Requirements
On behalf of __________________________________________________, I hereby certify that:
a. We have read, understood the RFP (No. RRFB0077) and issued Addenda
No. __ to _ and we accept the terms of the mandatory requirements;
b. We agree to the mandatory requirements;
c. We declare that there is conflict of interest between the
company and Divert NS as defined in Section 5.0 of the RFP.
d. We have provided evidence of our ability to meet the mandatory
requirements contained in this Request for Proposal, identified by the
terminology “must” or “shall” or indicated as Pass/Fail [P/F].
We understand that if, during the evaluation process, Resource Recovery Fund Board, Inc.
(operating as Divert NS) concludes that we have made any misrepresentation in our response
regarding such minimum requirements, we will be disqualified from this competition.
Name of Executive Sponsor (print): ______________________________
Signature of Executive Sponsor: ______________________________
Title of Executive Sponsor: ______________________________
Date: _______________
Note: Executive Sponsor is normally the Senior Responsible Owner
25
Appendix B
Collection Data and Number of Retailer Pickup Locations
(Data Covers the Period October 1, 2018 to September 30, 2019)
(Retailer Count is Current to January 17, 2020)
26
Appendix C
Draft Service Agreement Advisory: Proponents should anticipate that a final version of each agreement presented to the preferred proponent(s) following the evaluation process will mirror or very closely resemble the content of this draft.
RESOURCE RECOVERY FUND BOARD, INCORPORATED
ZONE 1 TIRE COLLECTION SERVICES AGREEMENT
THIS AGREEMENT made as of the ___ day of March, 2020, and effective the 1st day
of May, 2020 BETWEEN:
RESOURCE RECOVERY FUND BOARD, INCORPORATED, a body corporate, incorporated and existing under the laws of the Province of Nova Scotia, operating as Divert NS (hereinafter called “Divert NS”)
OF THE FIRST PART
- and -
NAME OF COMPANY, a body corporate, incorporated and existing under the laws of the Province of ____________________ (hereinafter called the “Contractor”)
OF THE OTHER PART
WHEREAS Divert NS has entered into an Agreement with the Province of Nova Scotia,
as represented by the Minister of Environment (the “Minister”), to carry out certain functions and perform certain duties and responsibilities under the Solid Waste-Resource Management Regulations (the “Regulations”) of the Environment Act of the Province of Nova Scotia (the “Act”);
AND WHEREAS Divert NS has been mandated to develop and implement industry stewardship programs;
AND WHEREAS the Minister amended the Regulations to provide for an industry stewardship program to recycle certain types of used tires (the “Used Tire Management Program” or “UTMP”) established January 2, 1997;
AND WHEREAS Divert NS has entered into an industry stewardship agreement with individual tire retailer locations (the “Tire Retailers”) to recover certain types of used tires accepted from the public, and has established an arrangement with a number of privately operated vehicle salvage yards (the “Salvage Yards”) and municipally operated waste management facilities (the “Waste Management Facilities”) to recover these same certain types of used tires received incidentally from the public;
27
AND WHEREAS Divert NS has developed and implemented a voluntary program to recycle used bicycle tires and bicycle inner tubes (the “Bicycle Tire Recycling Program”) established June 7, 2018;
AND WHEREAS Divert NS has entered into an arrangement with a number of bicycle retailer locations (the “Bicycle Retailers”) to voluntarily accept all types and sizes of used bicycle tires and bicycle tire inner tubes from the public and deliver these bundled materials to a Tire Retailer;
AND WHEREAS Divert NS requires the services of a local contractor to pick up materials collected under the Used Tire Management Program and Bicycle Tire Recycling Program and transport such materials from Tire Retailers, Salvage Yards and Waste Management Facilities (each an “Authorized Pickup Location”) to one or more location(s) designated by Divert NS for processing/recycling/trans-shipping (each a “Designated Location”);
AND WHEREAS the Contractor is in the business of providing collection and transportation services;
AND WHEREAS Divert NS issued a Request for Proposal dated January 24, 2020 and attached hereto as Schedule “D” related to tire collection services (the “RFP”);
AND WHEREAS the Contractor responded to such RFP with a proposal dated February ___, 2020 and attached hereto as Schedule “E” (the “Proposal”); AND WHEREAS Divert NS accepted the Contractor’s proposal for Tire Collection Services for Zone 1;
NOW THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, the parties hereto agree as follows:
ARTICLE 1 - DEFINITIONS 1.01 In this Agreement:
(a) “Agreement” means this Agreement, all schedules attached hereto and all instruments supplemental hereto or in amendment or confirmation thereof;
(b) “Act” means the Environment Act, S.N.S. 1994-95, c. 1 and any amendments
thereto;
(c) “Authorized Pickup Location” (listing attached hereto as part of Schedule “A”) means any and all of the following: (i) “Tire Retailer” means a retailer of New Tires (as defined under the
Regulations) also accepting Used Tires from the public and having an agreement with Divert NS for their recovery under the UTMP;
(ii) “Salvage Yard” means a vehicle salvage yard receiving Used Tires incidentally from the public and having an arrangement with Divert NS for their recovery under the UTMP;
(iii) “Waste Management Facility” means a municipal waste management facility receiving Used Tires incidentally from the public and having an arrangement with Divert NS for their recovery under the UTMP; and
(iv) any other location having Used Tires and which may, from time to time, make an arrangement with Divert NS for their recovery under the UTMP.
28
(d) “Contractor” means NAME OF COMPANY, a body corporate incorporated under the laws of the Province of ____________________;
(e) “Designated Location” (listing attached hereto as Schedule “B”) means any
and all of the following:
(i) Halifax C&D located at 24 Mills Drive Goodwood, NS, authorized by Divert NS to receive Regulated Program Materials for processing/recycling;
(ii) Lafarge Canada Inc. located at 87 Cement Plant Road, Brookfield, NS, authorized by Divert NS to receive Regulated Program Materials for processing;
(iii) Divert NS Processing/Warehouse Facility located at 119 Mingo Road, Kemptown, NS, receiving Voluntary Program Materials for interim storage and trans-shipping; and
(iv) any other location as may, from time to time, be designated by Divert NS to receive Regulated and/or Voluntary Program Materials for processing/recycling/trans-shipping.
(f) “Designated Storage Location” means either a sheltered and secure, or
unsheltered but secure location for the Temporary Storage of Used Tires and used by the Contractor in providing the Services;
(g) “Designated Material” means a material banned from landfills in Nova Scotia and listed in Schedule “B” of the Regulations and as amended from time to time;
(h) “Divert NS” means the Resource Recovery Fund Board, Incorporated, a body
corporate incorporated under the laws of the Province of Nova Scotia, operating as Divert NS;
(i) “Effective Date” means the 1st day of May, 2020;
(j) “Fee for Services” means the “Per PTE Price” as set out in Schedule “C”
attached hereto and payable by Divert NS to the Contractor in accordance with Article 4 hereof;
(k) “Hardware” means portable hand-held barcode scanners for collecting and
submitting data from field operations as part of the Materials Control System;
(l) “Materials Control System” means a custom-built software platform for tracking Divert NS program materials, generating reports and issuing payment to service providers known as ROCAPS2000™ (Divert NS “Recovery Operations Collection and Payment System”) or its substitute as determined by Divert NS;
(m) “Passenger Tire Equivalent” or “PTE” means the deemed standard weight of a
single used passenger car tire (1 PTE = 10 kilograms or 22.05 pounds);
(n) “Regulated Program Materials” means any and all of the following: (i) used passenger car tires and light truck tires, including all on-road
motorcycle, camper and trailer tires; (ii) used highway truck, tractor, and trailer tires with a rim size not exceeding
24.5 inches; and (iii) any other used tire types and sizes which may, from time to time, be
added to Schedule “B” of the Regulations as a Designated Material;
29
(o) “Regulations” means the Solid Waste-Resource Management Regulations pursuant to the Act;
(p) “RFP” means the Request for Proposal issued by Divert NS as described in the
recitals;
(q) “Services” means those services provided by the Contractor to Divert NS in accordance with Article 3 hereof;
(r) “Temporary Storage” means the storage of Used Tires to await trans-
shipping/delivery to a Designated Location at a later date and stored in compliance with applicable laws, by-laws, regulations, ordinances and other similar provisions;
(s) “Trans-shipping” means the transferring of either Regulated Program Materials
or Voluntary Program Materials from a Designated Storage Location or Designated Location to another Designated Location;
(t) “Used Tire” means a tire identified under Regulated Program Materials or
Voluntary Program Materials and which has been de-rimmed and is free of excessive moisture and/or other contaminants so as to make it suitable for processing/recycling;
(u) “Used Tire Management Program” or “UTMP” means the Used Tire recycling
program established by Divert NS under authority of the Regulations;
(v) “Voluntary Program Materials” means any and all of the following: (i) used bicycle tires and bicycle tire inner tubes, regardless of size; and (ii) any other used tire types and sizes for which Divert NS may, from time to
time, develop a voluntary recycling program;
(w) “Zone” means the geographic service area as described in Schedule “A”.
ARTICLE 2 - TERM AND RENEWAL
2.01 The term of this Agreement shall be from May 1, 2020 to April 30, 2025 (the “Initial Term”) and shall be subject to not more than two (2) successive annual (1-year) renewal terms (each a “Renewal Term”) which may be exercised at the sole and unfettered discretion of Divert NS.
2.02 Unless the parties otherwise agree, the Fee for Services for years four and five of the
Initial Term will be based on an annual Consumer Price Index for Nova Scotia adjustment from the pricing of the immediately preceding year. Any request for an additional fee increase beyond such adjustment must be supported by information documenting unanticipated and extraordinary increases in costs.
2.03 Divert NS shall provide the Contractor with a minimum ninety (90) days notice of its intent
to either exercise or not exercise a Renewal Term. Any Renewal Term shall come into effect immediately upon expiration of the Initial Term, or previous Renewal Term, subject only to the parties having agreed, in writing, to any amendments to the terms and conditions of this Agreement and/or Fee for Services for the Renewal Term. Any such written amending agreement(s) shall be attached to and form part of this Agreement for the duration of the Renewal Term(s).
30
ARTICLE 3 – SERVICES AND CONTRACTOR RESPONSIBILITIES 3.01 The Contractor will carry out the following services and responsibilities:
(a) in consultation with all Authorized Pickup Locations identified in the Listing of Authorized Pickup Locations (part of Schedule “A” as amended by Divert NS from time to time) develop route mapping and establish and maintain an appropriate, convenient and timely pickup schedule for the collection of Used Tires within the Zone;
(b) provide all Authorized Pickup Locations with accurate and current information
for the Contractor’s primary and backup contact persons and obtain and maintain accurate and current contact information for each Authorized Pickup Location to facilitate prompt communication regarding the pickup schedule or other issue(s) impacting the collection of Used Tires within the Zone;
(c) provide all Designated Locations with accurate and current information for the
Contractor’s primary and backup contact persons and obtain and maintain accurate and current contact information for each Designated Location to facilitate prompt communication regarding receiving hours or other issue(s) impacting the delivery of Used Tires from the Zone to a Designated Location;
(d) provide weekday (normally Monday through Friday) collection of Used Tires
from Authorized Pickup Locations within the Zone in adherence to the established pickup schedule;
(e) provide one-time or infrequent collection of Used Tires as may be
requested/required from time to time for certain existing or newly Authorized Pickup Locations within the Zone;
(f) promptly advise any affected Authorized Pickup Location(s) and/or Designated
Location(s) of any significant delay or change to the pickup schedule which is likely to cause an expected same-day pickup or delivery (as applicable) to be missed. The Contractor shall also promptly advise Divert NS of any such delays or changes and the cause.
(g) at each Authorized Pickup Location:
✓ check first to ensure the Used Tires available on-site are suitable for processing/recycling, i.e. de-rimmed and free of contaminants, except for seasonal moisture content (water/ice/snow);
✓ check second to ensure all Used Tires suitable for processing/recycling can be safely accessed – do not attempt to extract Used Tires or load in areas that may pose serious risk to personal or vehicle/equipment safety;
✓ collect/load by hand bombing or, if practical, by mechanical means only those Used Tires that the Contractor’s employee(s) deem suitable for processing/recycling and can be safely accessed/extracted;
✓ segregate all Voluntary Program Materials, i.e. bundled bicycle tires and tubes, from all other Used Tires so as to ensure they do not get delivered to, or offloaded at, a Designated Location for Regulated Program Materials;
✓ once loading is complete, fill in all fields on the required Authorized Pickup Location form (as provided by Divert NS and which may be amended from time to time) and leave the appropriate colour-coded copy at the Authorized Pickup Location;
31
(h) once a collection route is completed and/or a full truckload is achieved at any Authorized Pickup Location:
✓ transport the Used Tires to a Designated Storage Location within the Zone for trans-shipping to a Designated Location at a later date (if applicable); OR
✓ coordinate transport of the Used Tires direct to a Designated Location for Regulated Program Materials as directed by Divert NS (subject to delivery scheduling if required);
✓ ensure all Voluntary Program Materials have been appropriately segregated and either offloaded for Temporary Storage prior to delivery OR kept onboard during delivery at a Designated Location for Regulated Program Materials, and later placed in Temporary Storage;
(i) at each Designated Location for Regulated Program Materials:
✓ check first with the site supervisor or their designate to confirm the appropriate onsite location for delivery/offloading;
✓ prior to offloading, fill in all fields on the required Delivery Cover Sheet which includes tallied data from applicable Authorized Pickup Location forms (as provided by Divert NS and which may be amended from time to time);
✓ offload all Regulated Program Materials by hand bombing or, if practical, by mechanical means;
✓ once offloading is complete, ensure any and all other paperwork needed by the Contractor and/or the processor/recycler is completed and any originals/copies of such paperwork are left with the processor/recycler as required;
(j) if applicable, and as needed/required, coordinate trans-shipment of Regulated
Program Materials held in Temporary Storage to a Designated Location for Regulated Program Materials as directed by Divert NS;
(k) as needed/required, coordinate trans-shipment of Voluntary Program Materials
held in Temporary Storage to the Designated Location for Voluntary Program Materials as directed by Divert NS; and
(i) if tracking software is introduced to the UTMP during the Initial Term or any
Renewal Term of this Agreement, the Contractor and its affected employees shall comply with the proper use and care of the Materials Control System and Hardware as contemplated in Article 6 hereof.
3.02 The Contractor will ensure that any request from an Authorized Pickup Location or
directive from Divert NS for a one-time only or infrequent pickup (falling outside of the scope of the established pickup schedule) is addressed within ten (10) business days following receipt of such notice or directive and to the satisfaction of Divert NS.
3.03 With respect to Article 3.01 (g), at the time of pickup, the Contractor shall make every
reasonable effort to load all available Used Tires on site but shall be permitted by Divert NS to leave behind any Used Tires that, in the opinion of the Contractor’s employee(s), have excessive contamination and/or cannot be safely accessed/extracted.
32
3.04 In performing the Services in Article 3.01 the Contractor will handle all Used Tires in accordance with all standards, rules, regulations, instructions and specifications as may be determined by Divert NS from time to time. The Contractor further agrees to comply with any and all related operating procedures as may be implemented and/or as directed by Divert NS from time to time.
3.05 The Contractor shall provide all of the equipment, supplies, capital, and labour
necessary for the provision of the Services in accordance with this Article 3, including but not limited to motor vehicles and other equipment suitable for the collection/loading/transport of Used Tires and any minimum resource expectations for equipment and personnel as provided in the RFP. The Contractor further agrees that all necessary motor vehicles, equipment and personnel shall be deemed dedicated resources and shall be assigned specifically and solely for provision of the Services under this Agreement only. The Contractor may only engage sub-contractors in accordance with Article 9.01.
3.06 The Contractor shall obtain and maintain all permits, licenses, operating certificates, and
authorizations required for the operation of its business and for the delivery of the Services and shall comply with all applicable federal, provincial, regional and municipal laws, by-laws, regulations, ordinances, and other similar provisions. The Contractor shall provide proof of all permits, licenses, operating certificates, and approvals upon the request of Divert NS.
3.07 The Contractor shall assume all financial and legal responsibility for the contractual
delivery and performance obligations related to providing the Services. Furthermore, in the event that the Contractor engages the services of a sub-contractor, the Contractor assumes full financial and legal responsibility for the sub-contractor’s contractual delivery and performance obligation.
3.08 The Contractor shall be responsible for any and all taxes applicable to its business. 3.09 The Contractor shall not represent that it is owned or in any way related to Divert NS
except that it may, during the term of this Agreement, represent that it is authorized by Divert NS to perform the Services as set out herein.
3.10 The Contractor acknowledges and agrees that Divert NS may conduct random audits of
records kept by the Contractor and relating to the delivery of Zone 1 Tire Collection Services to confirm compliance with the terms of this Agreement.
3.12 The Contractor shall provide such information and reports to Divert NS related to the
Services as requested by Divert NS.
33
ARTICLE 4 – FEE FOR SERVICES
4.01 Divert NS agrees to pay to the Contractor, the “Per PTE Price” identified in Schedule “C” attached hereto and in amounts as adjusted and calculated in accordance with 4.02 below. No other compensation shall be payable to the Contractor, unless otherwise provided in this Agreement.
4.02 Total Fee for Services amounts payable to the Contractor shall be calculated by Divert NS using the following process:
Step 1: Confirm/verify the Contractor’s collected Used Tire unit counts and conversion to PTEs using Conversion Ratios presented in Table 1 below.
Table 1: PTE Conversion Ratios
Tire Type PTE Weight*
Passenger Car and Motorcycle
(regardless of rim size) = 1 = 10 kgs
Light Truck Tire
(not exceeding 17” rim size) = 1 = 10 kgs
Medium truck, highway truck and tractor/trailer tires
(rim size greater than 17” but not exceeding 24.5”) = 5 = 50 kgs
Super Single (tread face width approximately 18”)
(rim size greater than 17” but not exceeding 24.5”) = 10 = 100 kgs
Bicycle Tires and Tubes – Bundle of 25
(regardless of size) 1 10 kgs
* Weight is approximate
Example: 50 car tires + 10 tractor/trailer tires + 5 super singles = 150 PTEs
150 PTEs = approximately 1,500 kgs delivered to processor/recycler
Step 2: Use the processor’s/recycler’s scaled/confirmed net receiving weight reported
to Divert NS and the Contractor to determine actual PTEs versus Contractor’s
estimated PTEs.
Example: scaled/confirmed net receiving weight is 1,422 kgs (not 1,500 kgs)
1,422 kgs = 142.2 PTEs
Step 3: Apply the applicable Moisture Deduction Percentage to the scaled/confirmed
net receiving weight referencing Deduction Percentages presented in Table 2
below.
Table 2: Moisture Deduction Percentages
Month(s) Deduction
April through October 2.5%
November 5.0%
December through March 7.5%
Example: Net receiving weight of load received in January was 1,422 kgs 1,422 kgs minus 7.5% = 1,315.35 kgs = 131.535 PTEs
Step 4: Provided that the processor/recycler deems the load to be free of contaminants other than seasonal moisture, total Fee for Services amount payable is:
Example: Assumption: Per PTE Price is $1.25
131.535 PTEs x $1.25 per PTE = $164.42 plus HST
34
Step 5: (if applicable) Where the processor/recycler deems the load to contain other contaminants in addition to seasonal moisture but instead of rejecting the load, it accepts the load and separates out the other contaminants and invoices Divert NS for de-contamination.
Example: 30 minutes to remove contaminants at hourly labour rate of $60
0.5 Hours x $60 per Hour = $30 plus HST Total Fee for Services amount payable to the Contractor now is: $164.42 minus $30.00 = $134.42 plus HST
4.03 The Contractor shall invoice Divert NS in accordance with such standards, practices
and forms as Divert NS may establish or prescribe from time to time. Divert NS will pay to the Contractor, within thirty (30) days of the date of the Contractor’s invoice, or such shorter period as is determined as a policy of Divert NS, via electronic funds transfer the applicable Fee for Services.
ARTICLE 5 - SECURITY
5.01 The Contractor shall provide at all times during the term of this Agreement or any
renewal thereof a Performance Bond or Irrevocable Letter of Credit (ILOC)
guaranteeing and securing the obligations of the Contractor to Divert NS under this
Agreement in a form which is acceptable to Divert NS. Such Performance Bond or
ILOC shall be in an amount determined as per the schedule below.
Service Level Description Bond/ILOC Amount
Single Zone Providing services in one zone only $50,000
Multi-Zone Providing services in two or more zones
(maximum of four zones)
$100,000
(maximum*)
* For clarity, the Bond/ILOC Amount will hold at $100,000 if servicing two, three or four zones
The Performance Bond or ILOC shall be made in favour of or payable to Divert NS, which will remain on deposit or in effect for the term of this Agreement. The proceeds of such Performance Bond or ILOC shall be payable to Divert NS. A copy of the Performance Bond or ILOC delivered by the Contractor at or before the time of execution of the Agreement is attached to this Agreement and its continued validity, or the continued validity of a replacement agreed to in writing by Divert NS, is an integral part of this Agreement.
5.02 Divert NS may without prejudice to any other remedy it may have, call for payment
pursuant to the Performance Bond or Irrevocable Letter of Credit upon the happening of any event or the development of any situation entitling Divert NS to terminate this Agreement.
5.03 In the event Divert NS chooses to exercise its right to call upon the Performance Bond
or Irrevocable Letter of Credit, Divert NS shall first give notice in writing to the Contractor of its intent to call upon the Performance Bond or ILOC setting forth the reason(s) (the “Notice”), and in the event the Contractor has failed to cure the cause of the Notice to the satisfaction of Divert NS within forty-eight (48) hours of delivery of the Notice, Divert NS may call upon the Performance Bond or ILOC for the full amount or such lesser amount as Divert NS in its discretion may determine.
5.04 The amount called upon by Divert NS pursuant to the Performance Bond or Irrevocable
Letter of Credit shall be retained by Divert NS for its own use as liquidated damages until and unless an Arbitrator or Court of competent jurisdiction determines that the damages actually incurred are lesser than or in excess of the amount called upon in
35
which event nothing herein restricts the ability of the Court or the Arbitrator to determine the net amount due to or due from the Contractor.
5.05 Where the Contractor is concurrently providing services similar to those set out in this
Agreement but under separate Agreement(s) with Divert NS for any service Zone(s) identified in such Agreement(s), a single Performance Bond or Irrevocable Letter of Credit in the amount as per the schedule in 5.01 above shall satisfy Divert NS and that amount shall become the aggregate amount required for all Agreements for which the Contractor is responsible.
ARTICLE 6 - MATERIALS CONTROL SYSTEM
6.01 The Contractor acknowledges that, in the event Divert NS introduces the Materials
Control System to the Used Tire Management Program during the Initial Term or any Renewal Term of this Agreement, the Contractor agrees to comply with all procedures established by Divert NS relating to the collection of Used Tires to ensure the integrity of the UTMP.
6.02 In the event that the Materials Control System is introduced to the UTMP, Divert NS
shall provide to the Contractor, all of the Hardware required to operate the Materials Control System. The Contractor agrees to maintain such Hardware in good condition, reasonable wear and tear only accepted. If such Hardware is damaged or destroyed, the Contractor shall be responsible to pay for such damage or destruction. The Contractor acknowledges and agrees that Divert NS shall have the right, exercisable solely at its discretion, to charge a deposit on the use of the hardware associated with the Materials Control System.
6.03 In the event that the Materials Control System is introduced to the UTMP, Divert NS
shall provide to the Contractor the training required to operate the Materials Control System and its related Hardware. The Contractor shall assign a designated employee to complete the training and thereafter such designated employee shall be responsible for training all other employees of the Contractor as required to ensure the Materials Control System operates without interruption to the extent that the Contractor can reasonably be held responsible. The necessary training shall be provided at no cost to the Contractor except that any salary and/or wages and benefits for the designated employee attending the training or any other employee trained by such designated employee shall be the sole responsibility of the Contractor.
ARTICLE 7 - REPRESENTATIONS AND WARRANTIES
7.01 The Contractor has the knowledge, skills, and technical know-how required to provide
the Services; 7.02 The Contractor has the necessary vehicles, equipment and accessories required to
provide the Services; 7.03 The Contractor has the management skills, expertise, knowledge and the necessary
personnel or the ability to obtain the necessary personnel required to provide the Services and to report on its activities to Divert NS as required;
7.04 The Contractor is in good standing with and shall at all times during the Initial Term and
any Renewal Term of this Agreement remain in good standing with the Workers’ Compensation Board and will provide proof of same when requested by Divert NS;
36
7.05 The Contractor shall at all times handle program materials in accordance with all standards, rules, instructions and specifications as may be determined by Divert NS from time to time; and
7.06 The Contractor has and shall maintain all permits, licenses, operating certificates, and
authorities required for the purpose of maintaining its business and carrying out the Services.
ARTICLE 8 – INSURANCE
8.01 The Contractor shall maintain comprehensive commercial general liability (“CGL”)
insurance coverage over all of its business assets and public liability and property damage (“PLPD”) insurance in an amount not less than five million dollars ($5,000,000.00) general aggregate limit.
8.02 All motor vehicles owned, leased or operated by the Contractor shall be duly insured in
the name of the Contractor and shall not bear the name or identity of Divert NS or any of its trade names or trade-marks without Divert NS’ written consent. The Contractor undertakes and agrees to maintain public liability and property damage insurance on all such vehicles in an amount not less than five million dollars ($5,000,000.00) general aggregate limit.
8.03 The Contractor shall submit to Divert NS, upon entering into this Agreement, a
certificate from its insurer or insurers in a form acceptable to Divert NS that insurance coverage detailed in this Article is in effect and adding Divert NS as an “additional insured” for purposes specific to notice of cancellation or any material change in the provisions thereof and any claims which may arise regarding freight contents for materials owned by or entrusted to the care of Divert NS as per Article 9.03 below.
ARTICLE 9 - ACKNOWLEDGEMENTS
9.01 The Contractor acknowledges and agrees that any sub-contractors it wishes to engage
for the delivery of the Services will be subject to the approval of Divert NS. 9.02 The Contractor acknowledges and agrees that Divert NS has made and makes no
warranties or guarantees as to the accuracy of the tender documents, and more specifically, makes no representation or warranty as to the quantity of Used Tires that will be required to be collected, transported and delivered.
9.03 The Contractor acknowledges that Divert NS shall retain title to all Used Tires at all
times and that it is a bailee acting for and on behalf of Divert NS. The Contractor bears responsibility to Divert NS for preservation of title, delivery and protection of the Used Tires and the Contractor will insure against any loss thereof accordingly.
9.04 The Contractor acknowledges that Divert NS may, from time to time, add or remove
any location(s) included as an Authorized Pickup Location or Designated Location. The parties agree that Schedules “A” and “B” will be considered to be amended upon Divert NS providing written notice to the Contractor.
9.05 The Contractor acknowledges that Divert NS may, from time to time, assume
responsibility for the collection, transportation and delivery of certain other used tire types and sizes, i.e. newly Designated Materials under the UTMP. The parties agree that the respective Schedule or Schedules will be considered to be amended upon Divert NS providing written notice to the Contractor.
37
ARTICLE 10 - DEFAULT AND TERMINATION
10.01 In the event that the Contractor shall be in default of any one or more of the terms and conditions of this Agreement, as evidenced by way of written notice from Divert NS stating particulars of such default(s), each occurrence of the default(s) shall be subject to certain procedures and stepped remedies as set out herein:
(i) Upon receipt of first written notice of default(s)
The Contractor shall have two (2) business days within which to remedy any such default(s) or, if the default(s) cannot be reasonably cured within such period, to initiate within that time appropriate, substantial and continuing action to cure the default and to provide evidence thereof to Divert NS.
(ii) Upon receipt of second written notice of default(s)
Where the default(s) differ(s) entirely from the default(s) identified in the first written notice, the Contractor shall have two (2) business days within which to remedy any such default(s) or, if the default(s) cannot be reasonably cured within such period, to initiate within that time appropriate, substantial and continuing action to cure the default(s) and to provide evidence thereof to Divert NS.
Where any one default or more is a re-occurrence of a default identified in the first written notice, the Contractor shall have two (2) business days within which to remedy each of the re-occurring and any other default(s).
(iii) Upon receipt of third written notice of default(s) Where the default(s) differ(s) entirely from the default(s) identified in the first and second written notices, the Contractor shall have two (2) business days within which to remedy any such default(s) or, if the default(s) cannot be reasonably cured within such period, to initiate within that time appropriate, substantial and continuing action to cure the default(s) and to provide evidence thereof to Divert NS. Where any one default or more is a re-occurrence of a default identified in either the first written notice only or second written notice only, the Contractor shall have two (2) business days within which to remedy each of the re-occurring and any other default(s). Where any one default or more is a re-occurrence of a default identified in both the first and second written notices, Divert NS shall have the right to elect to immediately terminate this Agreement.
Any subsequent default(s) requiring written notice shall be subject to the pattern of procedures and remedies established above. Where the Contractor fails to remedy a default which can be reasonably cured within two (2) business days and/or fails to initiate appropriate, substantial and continuing action to cure a default which cannot be reasonably cured within two (2) business days and/or fails to remedy such default, Divert NS shall have the right to elect to immediately terminate this Agreement.
38
10.02 In the event that any of the real property, goods and chattels of the Contractor are at any time seized in execution or attachment by any creditor of the Contractor or the Contractor shall make an assignment for the benefit of creditors or any bulk sale or become bankrupt or insolvent or take the benefit of any legislation now or hereafter in force for bankruptcy or insolvent debtors, or any order shall be made for the winding-up of the Contractor, appointment by private or judicial means of a Receiver respecting the Contractor’s property or an order terminating corporate existence of the Contractor, then in any such case, Divert NS shall be entitled to immediately terminate this Agreement.
10.03 In the event that the Contractor fails to maintain all licenses, permits, operating
certificates or other lawful requirement or fails to comply with any environmental order or other statutory or regulatory order or requirement notwithstanding Article 10.01 Divert NS shall be entitled to immediately terminate this Agreement.
10.04 In the event that Divert NS terminates this Agreement pursuant to this Article 10, Divert
NS’ only responsibility to the Contractor shall be to pay the Contractor for the Services invoiced to the date of termination in the notice provided by Divert NS to the Contractor.
10.05 This Agreement may be terminated prior to the end of the (Initial or any Renewal) Term
provided that both Divert NS and the Contractor mutually agree to the early termination. Such termination must be in writing and duly executed by both parties and the date of termination shall be specified. In the event of such early termination, the Contractor shall perform the Services to the date of termination and Divert NS shall pay the Contractor for Services invoiced to the date of termination.
ARTICLE 11 - CONFIDENTIALITY
11.01 In the performance of this Agreement or in contemplation thereof, Divert NS and the
Contractor may each have access to computer programs, marketing and sales information, customer lists, know-how, trade secrets and confidential information owned by the other. Each party shall keep all such information confidential in accordance with reasonable industry practices and shall only make such information available to its officers, directors and employees on a need to know basis.
11.02 The foregoing shall not include:
(a) Information which was known by one party prior to its receipt from the other; (b) Is or becomes public knowledge without the fault of the recipient; (c) Is rightfully received by the recipient from a source other than a party to this
Agreement; or (d) Information required to be disclosed pursuant to any legal process or
applicable law.
ARTICLE – 12 WAIVER 12.01 No covenant or condition of this Agreement may be waived except by the written
consent of Divert NS, and forbearance or indulgence by Divert NS in any regard whatever shall not constitute a waiver of the covenant or condition to be performed by the Contractor and until complete performance by the Contractor of the covenant or condition, Divert NS shall be entitled to invoke any remedy available to Divert NS under this Agreement or by law, despite the forbearance or indulgence.
39
ARTICLE 13 – INDEPENDENT CONTRACTOR
13.01 The Contractor and Divert NS acknowledge and confirm that, in entering into this
Agreement, they are doing so as independent contractors, and, without restriction, nothing herein or otherwise shall constitute the parties as principal, agent, subcontractors, joint venturers, or partners.
ARTICLE 14 - INDEMNIFICATION
14.01 The Contractor shall and hereby does indemnify and save harmless and defend Divert
NS from and against all claims, demands, law suits, legal proceedings and the like (whether commenced in court or before an administrative tribunal) brought against Divert NS for any loss or damage to the property of third parties or any injury received, caused by or any act or omission of the Contractor, its employees or agents in connection with the Services provided pursuant to this Agreement, or otherwise.
ARTICLE 15 - ASSIGNMENT
15.01 This Agreement, or any portion thereof, may not be assigned by the Contractor without
first having the written consent of Divert NS, which consent shall not be unreasonably withheld. For the purpose of this sub-paragraph, an assignment includes:
(a) any arrangement that results in a change in control of the Contractor where
control means:
(i) the right to exercise a majority of the votes which may be put at a general meeting of a corporation; and
(ii) the right to elect or appoint, directly or indirectly, a majority of the directors of a corporation or other persons who have the right to manage or supervise the management of the affairs and business of the corporation; and
(b) any arrangement by the Contractor to sub-contract any portion of the terms or
services which are the subject matter of this Agreement.
ARTICLE 16 - ENTIRE AGREEMENT
16.01 This Agreement and the RFP and Amendments contains the entire understanding between the Parties hereto and supersedes any prior understandings and agreements between them respecting the subject matter contained herein provided that, in the event of any inconsistencies between the Agreement, RFP and Amendments, this Agreement shall prevail. There are no representations, agreements, arrangements or understandings, oral or written between the parties hereto which are not fully expressed herein. The provisions of this Agreement may be waived, altered, amended or repealed, in whole or in part, only upon the written consent of all parties to this Agreement.
ARTICLE 17 - ENUREMENT
17.01 This Agreement shall be binding upon and shall enure to the benefit of the parties
hereto and their respective heirs, legal representatives, successors, administrators and assigns.
40
ARTICLE 18 - SEVERABILITY
18.01 It is intended that each provision of this Agreement shall be viewed as separate and divisible, and in the event that any provision shall be held to be invalid, the remaining provisions shall continue to be in full force and effect.
ARTICLE 19 – NOTICE
19.01 Any written notice or communication to be given by any party to the other shall be
deemed to be duly given when served upon such party or sent by courier to such party addressed as follows:
To: Divert NS: Resource Recovery Fund Board, Incorporated
35 Commercial Street, Suite 400 Truro, NS B2N 3H9 Attention: Gilles Doucette, Director of Operations
To: Contractor Name of Company
Address Line 1 Address Line 2 Attention: Company Representative, Title
19.02 Any notice or communication served hereunder by courier shall be deemed to have
been given when actually received by the recipient. 19.03 Any party may at any time give notice in writing to the other of any change of address
of the party giving such notice and from and after the date of giving of such notice the address therein specified shall be deemed to be the address of such party for the giving of notices hereunder.
ARTICLE 20 - TIME IS OF THE ESSENCE
20.01 Time shall be of the essence of this Agreement.
ARTICLE 21 - GOVERNING LAW
21.01 This Agreement shall be construed in accordance with and governed by the laws of the Province of Nova Scotia.
ARTICLE 22 – ARBITRATION
22.01 In the event of differences between the parties to the Agreement as to the
interpretation, application or administration of this Agreement, such differences shall be settled by appointment of a single Arbitrator pursuant to and in accordance with the provisions of the Commercial Arbitration Act (Nova Scotia). The Contractor shall continue diligently to proceed with the work pending determination of any dispute. In the event the Contractor refuses to proceed diligently with the work or any portion thereof, the Contractor shall be directly responsible for all damages to Divert NS as a result of such stoppage and, in addition to any other right, Divert NS shall have the right to complete the work and to recover the cost of same from the Contractor and may deduct the cost from any payment then or thereafter due to the Contractor.
41
ARTICLE 23 – COUNTERPART
23.01 This Agreement may be executed in one or more counterparts, each of which when so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument, which shall be sufficiently evidenced by any such original counterpart. A copy of a signed counterpart may be delivered by fax, PDF email or other electronic means which shows a reproduction of the signature and such shall be considered complete delivery and shall be deemed to be a signed original.
IN WITNESS WHEREOF the parties hereto have properly executed this Agreement as of the day and year first above written. SIGNED, SEALED, & DELIVERED ) in the presence of: ) )
) RESOURCE RECOVERY FUND BOARD, INCORPORATED, operating as Divert NS
) )
) _______________________________ ) Per: _________________________________ Witness )
) ) ) NAME OF COMPANY )
) ) _______________________________ ) Per: _________________________________ Witness )
)
42
SCHEDULE “A”
Service Area and Listing of Authorized Pickup Locations
Service Area
Zone 1: Cape Breton:
Counties of Victoria, Inverness, Richmond and Cape Breton (all of CBRM) Listing of Authorized Pickup Locations To be provided to the successful proponent, attached to the Agreement and forming part of Schedule “A” Listing of Authorized Pickup Locations is subject to amendment from time to time by Divert NS.
SCHEDULE “B”
Designated Locations Regulated program materials must normally be delivered to one of the designated locations below
for processing/recycling as directed by Divert NS.
Designated Locations – Regulated Program Materials
Lafarge Canada Inc.
87 Cement Plant Road
Brookfield, NS B0N 1C0
Halifax C&D
24 Mills Drive
Goodwood, NS B3T 1P3
Voluntary program materials must be delivered to the designated location below for interim
storage/trans-shipping as directed by Divert NS.
Designated Location – Voluntary Program Materials
Divert NS Processing/Warehouse Facility
119 Mingo Road
Kemptown, NS B6L 2K4
Listing of Designated Locations is subject to amendment from time to time by Divert NS
SCHEDULE “C”
Fee for Services This schedule presents the Contractor’s Per PTE Price (Fee) for the Zone indicated:
Service Zone PTE Unit of Measure Per PTE Price
1 10 kg (22.05 lbs) CAD $______
The Fee shown above shall hold for the first three (3) years of the initial five (5) year Term of the Agreement and shall be subject to an annual adjustment in the fourth and fifth years of the Initial Term based on the Consumer Price Index (CPI) for Nova Scotia.
The Fee shown above is exclusive of HST.
No fuel surcharge or any other surcharge shall be applied to the Fee above.
43
SCHEDULE “D”
RFP No. RRFB0077 and Amendments
SCHEDULE “E”
Contractor’s Proposal
44
Appendix D
Proposal Evaluation Criteria
Section Criterion Relevance/ Maximum
Score
Minimum Score
Required
Proposal Page
Number
6.0 Proposal Requirements
6.1 Mandatory
6.1.1 Confirmation statement– shall sign contract within 10 days P/F
6.1.2 Pricing Response included in separate sealed envelope P/F
6.1.3 Evidence – PLPD insurance ($5M) P/F
6.1.4 Evidence – WCB insurance OR declaration of exempt status P/F
6.1.5 Evidence – ability to secure performance bond or line of credit ($50K) P/F
6.1.6 Confirmation statement – agree to credit check P/F
6.1.7 Conflict of interest disclosed or statement that there is no conflict P/F
6.1.8 Acceptance of Requirements form fully completed and signed P/F
6.2 Administrative
6.2.1 Full business registration profile OR submitted under personal name 2
6.2.2 Contact re: contractual/financial issues relating to response to RFP 2
6.2.3 Contact re: all matters relating to response to RFP 2
6.2.4 Written submission from two (2) references 12
6.2.5 Proposal format reflects substantial adherence to instructions provided 2
6.3 Technical Response
6.3.1 Detailed description of proposed equipment, including photos 30
6.3.2 Summary table of proposed personnel resources 10
6.3.3 Detailed description of health and safety program that meets legislation 10
6.3.4 Detailed description of experience and capabilities 40
6.3.5 Detailed contingency plan 30
6.3.6 Commitment to sustainable prosperity and sustainable service delivery 10
Subtotal A – Qualifying Score 150 90
6.4 Pricing Response
Zone 1 150
Combined Score – Zone 1 (Subtotal A + Pricing Response)
Zone 2 150
Combined Score – Zone 2 (Subtotal A + Pricing Response)
Zone 3 150
Combined Score – Zone 3 (Subtotal A + Pricing Response)
Zone 4 150
Combined Score – Zone 4 (Subtotal A + Pricing Response)
Interview – OPTIONAL
Adjustment to preliminary evaluation scores for Section 6.3 (+) or (-)
Maximum Final Score Possible per Zone 300
Legend: P/F = Pass/Fail
45
Appendix E
Pricing Response
Name of Company/Individual: __________________________________________________
I/we hereby propose to provide tire collection services as described/required in this RFP for
the zone(s) indicated below (check only those that apply) and at the price(s) presented below.
Further, I/we acknowledge that the price(s) is/are presented in full recognition of the identified
Service Zones (Section 4.3), the Service Agreement and Term (Section 4.4), and Key
Considerations (Section 4.5) contained in this RFP and any issued amendments and are
presented exclusive of HST.
Additionally, I/we acknowledge that, if accepted by Divert NS, the price(s) presented below
shall hold for the first three years of the initial five-year term of any agreement(s) resulting from
this RFP and shall be subject to an annual adjustment in years four and five of the initial term
based on the Consumer Price Index (CPI) for Nova Scotia.
Zone Area Covered Per PTE Price
1 Cape Breton: Counties of Victoria, Inverness, Richmond and
Cape Breton Regional Municipality (CBRM) $
Zone Area Covered Per PTE Price
2 Eastern and Northern: Counties of Guysborough, Antigonish,
Pictou, Colchester, Cumberland and District of East Hants $
Zone Area Covered Per PTE Price
3
Valley, Western and South Shore: Counties of Kings, Annapolis, Digby, Yarmouth, Shelburne, Queens, Lunenburg and District of West Hants
$
Zone Area Covered Per PTE Price
4
Halifax Regional Municipality (HRM) $
Advisory: In addition to name, signature and date fields, at least one check box and
corresponding price box must be completed in order avoid disqualification. Not all check
boxes and corresponding price boxes need to be completed to be compliant.
Signature of Executive Sponsor: ______________________________
Date: _______________