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RFQ 6132-16-3011
1.0 RFQ Summary 1.1 Quotations are invited for the non-exclusive provision of vehicle and/or equipment - Towing,
Floating and Road-side Assistance Services within the Greater Toronto Area (GTA) and/or outside of the GTA in On tario, on an ' as and when required' basis, for the City of Toronto for a fixed period of two (2) years from the date of aw ard, with the option to rene w the Contract fo r three (3) additional separate one (1) year periods, all in accordance with the provisions and specifications contained in this Request for Quotation (RFQ) and the City of Tor onto's Procurement Policies, the attached Appendices "C", "C1" and "C2" - Price For ms, and the City of Toronto Fair Wage Policy and Labour Trades Contractual Obligations in the Construction Industry.
2.0 Terminology 2.1 Definitions 2.1.1 In this request for quotation, unless inconsistent with the subject matter or context:
“Addendum” or “Addenda” means any document or documents issued by the City prior to the Closing Deadline that changes the terms of the RFQ or contains additional information related to the RFQ; “Agencies and Corporations” refer to bodies and organizations that have a di rect reporting or funding relationship with t he City of Toronto or Council. The list of current o rganization name and contact of agencies and corporations to be considered under this RFQ is available from the following page on the City's website www.toronto.ca/abcc “Award” means the acceptance of a Quotation by the City in accordance with Chapter 195 of the City of Toronto Municipal Code;
"Bid" means a Bidder's response to the RFQ, wh ich includes all of the documentation necess ary to satisfy the require ments of the RF Q, has the same meaning as "Quotat ion" and is used interchangeably;
“Bidder” means any legal entity that submits a Quotation in response to the RFQ;
“Business Day” means any working day, Monday to Friday inclusive, excluding statutor y and other holidays, namely: New Year’s Day ; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day ; Civic Holiday ; Labour Da y; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day which the Ci ty has electe d to be clos ed for business;
“Buyer” or "Senior Buyer" means the main contact person at the City for all matters related to the RFQ process, as set out on the RFQ Cover Page;
"City" means the City of Toronto including all Agencies and Corporations of the City;
“City Confidential Information” means all information of the City that is of a confidential nature, including all confidential information in the custody or control of the City, regardless of whether
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it is identified as confidential or not, and whethe r recorded or not, and how ever fixed, stored, expressed or embodied, which comes into the knowledge, possession or control of the Vendor in connection with the Contract. For greater certainty, the City Confidential Information shall:
a) include: (i) all new information derived at any time from any such information whether
created by the City , th e Vendor or any third-party; (ii) all information (including Personal Information) that the City is ob liged, or has the discretion, not to disclose under provincial or federal legislation or otherwise at law; but
b) not include information that: (i) is or b ecomes generally available to the p ublic without fault or breach on the part of the Vendor of any duty of confi dentiality owed by the Vendor to the City or to any third-party; (ii) the Vendor can de monstrate to have been rightfully obtained by the Vendor, without an y obligation of confidence, fro m a third-party who had the right to transfer or disclo se it to the Vendor free of any obligation of confidence; (iii) the Vendor can dem onstrate to have been rightfull y known to or in the possession of the Vendor at the time of disclosure, free of any obligation of confidence when disclosed; or (iv) is independentl y developed by the Vendor; but the exclusions in this subparagraph shall in no way limit the meaning of Person al Information or the obligations attaching thereto under the Contract or other Requirements of Law.
“Closing Deadline” means the date and time specified on the RFQ Cover Page or any Addenda issued by the City, as the date and time by which Bidders must submit their Quotation;
“Conflict of Interest” includes, but is not limited to, any situation or circumstance where:
a) in relation to the RFQ process, the Bidder has an unfair advantage or engages in conduct, directly or indirectly, that may give it an unfair advantage, including but not limited to (i) having access to information in the preparation of its Quotation that is confidential to the City and not available to other Bidders; (ii) communicating with any person with a view to influencing preferred treatment in the RFQ process including the giving of a benefit of any kind, by or on behalf of the Bidders to anyone employed by, or otherwise connected with, the Cit y ; or (iii) e ngaging in c onduct that compromises or coul d be seen to compromise the integrity of the open a nd competitive RFQ pr ocess and render that process non-competitive and unfair; or
b) in relation to the performance of its contractual obligations in t he City contract, the Vendor’s other commitments, relationships or financial interests (i) coul d or could be seen to exercise an improper influence over the objective, unbiased and impartial exercise of its independent judgement; or (ii) could or could be seen to compromise, impair or be incompatible with the effective performance of its contractual obligations;
“Contract” means the binding agreement that is formed upon Award as confirmed by the issuance of a purchase order, blanket contract or the execution of any written agreement by the City.
“Contract Manager” means the main contact person at the City for all matters relating to the Contract after its Award; “control” includes, but is not limited to:
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a) being a Senior Officer of a corporation or a member of a partn ership that directly or indirectly controls or has a direct or indirect pecuniary interest in a Bidder ; and
b) the interest a person has in a corporation when the person beneficially owns, directly or indirectly, or exercises control or direction over, equity shares of the corporation carrying more than 10% of the voting rights attached to all equity shares in the corporation for the time being outstanding;
“Council” means City Council; "CPI" means The Consumer Price In dex (CPI) is an indicator of changes in consumer prices experienced by Canadians. It is obtained b y comparing, over time, the cost of a fixed basket of goods and services purchased by consumers. “CVOR” means Commercial Vehicle Operator's Registration; “Deliverables” means everything provided to the City in the course of performing the Contract or agreed to be provided to the City under the Contract by the Vendor;
"Disincentive Fee" means a financial disadvantage to the Vendor for failing to co mply with the applicable requirements, terms and conditions under the Contract, prior to HST.
"Floating" means (also re ferred to as a flatbed tr ailer, flatbed truck), the pro vision of T owing services by utilizing a truck or trailer having an open body in the form of a platform without sides or stakes. "Garage Supervisor" means the person with de legated authority by the Manager, Fleet Maintenance, to m ake vehicle and equipm ent maintenance decisions for an assigned Flee t Services garage location. "GTA" means Greater Toronto Area which shall include the City of Toronto, Bram pton, Mississauga, Vaughan, Richmond Hill, Markham and Pickering for the purposes of this Contract; “GPS” means Global Positioning System, is a radio navigation system that allows land, sea, and airborne users to determine their exact location, velocity, and time 24 hours a day, in all weather conditions, anywhere in the world; "GVWR" means Gross Vehicle Weight Rating "HST", means Harmonized Sales Tax; “including” means “including without lim itation” and ”includes” means “includes without limitation”; the use of the word “including” or “includes” is not intended to limit any statement that immediately precedes it to the items immediately following it.
“indirect pecuniary interest” has the same meaning as set out in section 2 of the Ontario Municipal Conflict of Interest Act;
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“may” and “should” used in this RFQ denote permissive (not mandatory);
“must”, “shall” or “will” used in this R FQ denote imperative (mandatory), meaning Quotations not satisfying imperative (mandatory) requirements will be deemed to be Non-compliant and will not be considered for Award of Contract.
“MFIPPA” means the Municipal Freedom of Information and Protection of Privacy Act;
"Non-Compliant" means that the Quotation has fa iled one (1) or more mandatory requirement(s) and will not be considered for Award;
“pecuniary interest” does not include a direct or indirect pecuniary interest an indi vidual may have merely by virtue of being related to another individual nor does it include any arm’s length transaction for the provision of Towing services to another Bidder or for the sale or purchase of tow trucks to or from another Bidder; “person” includes a corporation; “Principal” means an individual carry ing on business a s a Bidder or a member of a partn ership carrying on business as a Bidder;
"Quotation" means a Bidder's response to the RFQ, which includes all of t he documentation necessary to satisfy the requirements of the RFQ, has the s ame meaning as " Bid" and is used interchangeably; “related” means a relationship between two people where one is the sibling, s pouse of a si bling, parent, grandparent, child, spouse of a child, spouse, parent of a spouse, grandp arent of a spouse, sibling of a spouse, spouse of a sibling of a spouse or grandchild of the other; “Requirements of Law” mean all applicable requirements, laws, statutes, codes, acts, ordinances, orders, decrees, injunctions, City by-laws, rules, regulations, policies, offici al plans, permits , licences, authorisations, directions, and agreements with all authorities that now or at any ti me hereafter may be applicable to either the Contract or the Deliverables or any part of them; "RFQ" means this R equest for Quota tion inclusive of all Appendices, Schedules and any Addenda that may be issued by the City;
“Senior Officer” means any member of the board of directors, the president, any vice-president, the secretary, the treasurer or the general mana ger of a corporation or any other person w ho performs functions for th e corporation sim ilar to those normally performed by a person occupying any such office;
“Services” means all Tow ing, Floating, road-sid e assistance and any associated services to be provided by the Vendor as described in this RFQ;
“Term” means the period of time fro m the effective date of the Award a s evidenced by a City purchase order, until the completion date of the Contract including any renewal options exercised by the City as detailed in Section 4.0;
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“Towing” means drawing another motor vehicle by means of a boom, hook, hoist, pulley, stinger, sling, belt, fork or other similar device that el evates part of the drawn motor vehicle, with or without the use of a dolly or other similar device “Towing Service” means a person engaged in the business or offering the services of a ve hicle wrecker or T owing Service, whereby disabled motor vehicles are towed or o therwise removed from the place where they are disabled by use of a wrecker so des igned for that purpose or by a truck, automobile, or other vehicle so adapted to that purpose, or in the business of storing disabled motor vehicles.
“Tow Truck means,
a) a commercial motor vehicle, including a wrecker, equipped w ith a m echanical or hydraulic device used to lift, tow, winch or otherwise move another motor vehicle;
b) a commercial motor vehicle, as defined in subsection 1 (1) of the Highway Traffic Act,
with a flatbed that can tilt to load and that is used exclusively to tow or transport other motor vehicles,
c) a motor vehicle, other than a motor vehicle excluded b y subsection (2) of the Highway
Traffic Act, that is design ed, modified, configured or equipped so that it is capable of towing other motor vehicles. and
d) a motor vehicle used for hire for towing or otherwise conveying in the City of Toronto
vehicles as defined in th e Highway Traffic Act, whether or not an y such towed or conveyed vehicle is intact or in operable condition;
"Unit" or "Units" means any City vehicle and/or equipment that will be provided the associated
Towing, Floating and road-side assistance Services throughout the Term of the Contract; “Vendor” means the successful Bidder that has been awarded the Contract;
“Work” means the com bination of all Services, Products, and Deliverables including labour, materials, articles, fixtures, supplies and acts to be provided b y the Vendor as describ ed in this RFQ to fulfill all elements of the Contract.
2.2 References to Labeled Provisions 2.2.1 Each reference in this Request for Quotation to a num bered or lettered “section”, “subsection”,
“paragraph”, “subparagraph”, “clause” or “subclause” shall, unless otherwise expressly indicated, be taken as a reference to the correspondingly labelled provision of this Request for Quotation (RFQ).
2.3 General Interpretation In this RFQ, unless the context otherwise necessitates:
2.3.1 any reference to an officer or represent ative of the City shall be construed to mean the pe rson
holding that office fro m time to ti me, and the designate or deputy of that per son, and shall b e
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deemed to include a reference to any person holding a successor office or the designate or deputy of that person;
2.3.2 a reference to any Act, by law, rule or regulation or to a provisi on thereof sh all be deemed to
include a reference to any Act, by law, rule or regulation or provision enacted in substit ution thereof or amendment thereof;
2.3.3 all amounts are expressed in Canadian dollars a nd are to be secured and pa yable in Canadian
dollars; 2.3.4 all references to time shall be deemed to be references to current time in the City; 2.3.5 a word importing only the masculine, feminine or neuter gender includes members of the other
genders; and a word defined in or importing the si ngular number has the same meaning when used in the plural number, and vice versa;
2.3.6 any words and abbreviations wh ich have well-known professional, technical or trade meanings,
are used in accordance with such recognized meanings; 2.3.7 all accounting terms have the meaning recognized by or ascribed to those terms by the Chartered
Professional Accountants Canada (CPA Canada); and
2.3.8 all index and refer ence numbers in the RFQ or any related City document are given for th e convenience of Bidders and such must be taken only as a general guide to the items referred to. It must not be assumed that such numbering is the only reference to each item. The documents as a whole must be fully read in detail for each item.
2.4 RFQ Process Terms and Conditions 2.4.1 This RFQ process is governed by the terms and conditions in Appendix “A”.
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3.0 Scope of Work and Associated Deliverables 3.1 The City of Toronto requires reliable and efficient Towing Service providers on a 24-hour/d ay, 7-
days/week basis (as stated in section 3.7.6) to provide Towing, Floating and road-side assistance Services within the Greater Toronto Area (GTA) and/or outside of the GTA in Ontario as and when required, as listed in Appendices "C", "C1" and "C2" - Price For ms for all vehicles and equipment operated by the City of Toronto as categorized in Table 1 – City Fleet Category and Breakdown in section 3.6.3.
3.2 The Services required shall include labour, equipment, materials, fuel, articles, fixtures, su pplies and acts req uired to provide Towing, Floating, road-side as sistance and, on occasion, st orage services for standard-duty, medium-duty, heavy-duty and off-road/ miscellaneous vehicles and equipment.
3.3 The Vendor will also be r equired to provide To wing, Floating and road-side assist ance Services outside of the province of Ontario and/or to and from the United States. Distance charges, as listed in Appendices "C", "C1" and "C2", shall apply.
3.4 Bidders must provide a Quotation for product(s) and/or service(s) that meet or exceed the minimum specification, scope and requirements detailed in this RFQ.
3.5 Objective
3.5.1 For the purposes of this RFQ, the intent of the C ity is to awar d a Contract to a primary and a secondary Vendor per price form (Appendices "C", "C1" and "C2") i.e. per vehicle class (light , medium and heavy-duty) offering the lowest cost and meeting the requirements and specification as stated in this RFQ. Please refer to section 7.0, Award for more detail.
3.5.2 Bidder(s) may Bid on more than one (1) price form.
3.6 Background
3.6.1 The City operates an ext remely diverse and wide array of vehicles and e quipment to meet operational demands. While vehicle and equipment standards have been established, the fleet will continue to consist of a wide range of v ehicle and equipment types that were integrated based on the purchasing procedures of the municipality.
3.6.2 The City is making significant investment to improve the efficiency, effectiveness and quality of its service delivery. The key to this transformation is achieving improvements in the costs and service performance delivered by service providers.
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3.6.3 Currently, the City's fleet consist of the following fleet categories and weight classifications:
Table 1: City Fleet Category and Breakdown
Fleet Category GVWR
(pounds) Total number
of Units Percentage of
Total Fleet Light-duty Vehicle Category 10,000 or less 1,939 39% Medium-duty Vehicle Category 10,0001 – 19,500 454 9% Heavy-duty Vehicle Category 19,501 – and over 691 14% Off-Road & Misc. Vehicle Category Various 1,951 38%
3.7 Requirements of the Service
3.7.1 Section 3.7 contains mandatory detailed Service requirements of the Contract that Bidders agree to provide upon subm itting a Quota tion for this RFQ. Failure to co mply with these mandatory requirements during the Contract Term will negativ ely impact the performance evaluation of the Vendor (please refer to section 3.10, Vendor Performance Evaluation for more details).
3.7.2 The Services shall be carried out in accordance with the Toront o Municipal Code Chapter 545, Licensing, and the re moval of any vehicle and equipment shall be carried out in accordance with the relevant provisions respecting Towing un der City of T oronto By-Law No. 574-2000.
3.7.3 Bidder Licenses and History
3.7.3.1 As per Toronto Municipal Code Chapter 545, Licen sing, Articles I and VI, all Bidders shall have and maintain throughout the Term of the Contract, a valid Tow Truck Owner's License issued by the City of Toronto.
3.7.3.2 All Towing and Floating vehicles that will be utilized to provide Towing and Floating Services to the City must have the appropriate municipal license and be fully licensed, insured and operational prior to the date of the commencement of the Contract.
3.7.3.3 All drivers operating the Tow Trucks that will provide Towing, Floating and road-side assi stance Services to the City must have, and maintain in good standing, the appropriate provincial driver’s license for the Tow Truck they are to operate.
3.7.3.4 Bidders shall be in possession of a valid and current business license. Bidders shall have operated
a business that provides the Services described in this RFQ for a minimum of three (3) y ears preceding the closing date of the RFQ. Bidders must provide proof of this requirem ent through valid copies of a business license and any other records. The City, in its sole discretion, may choose to independently verify the proof submitted by the Bidder for this requirement.
3.7.4 Bidder Facilities 3.7.4.1 Bidders shall maintain and operate at l east one (1) dispatch facility within the Great er Toronto
Area (GTA) in order to m eet the response times specified in section 3.7.7. Bidders must list the address(es) for their dispatch facility (ies), contact information, total number of employees per facility, and total number of Tow Trucks in Tabl e 1 of the form provided for in Appendix "D", Form 3 - Bidder Facilities Information. If the Bidder does not operate a dispat ch facility within the GTA, it will result in the Bid being declar ed Non-compliant and not considered for Award.
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For evaluation purposes, the City shall use G oogle Maps for assessing whether the Bidder's facility meets the physical location requirements of the RFQ.
3.7.4.2 Bidders should also state the address, name of the operations manager and contact information for a business office location as required in Table 2 of the form provided in Appendix "D", Form 3 - Bidder Facilities Inform ation, to addre ss any concerns relating to accounting and invoici ng matters, performance issues, customer complaints, service performance, dispute resolutions, reporting, and more. If not provided wi thin their Quotation, Bidders must do so within five (5) Business Days of a written request f rom the City or the Quotation will be declared Non-Compliant.
3.7.4.3 The City reserves the right to inspect th e Bidder’s facilities and T ow Truck fleet prior to Award and at an y time during th e Contract Term , with or without n otice, to confirm that the Bidder meets the minimum required Tow Truck specificati ons as per se ction 9.0, and that the fleet is maintained throughout the Term of the Contract. The Bidder shall perm it the City to take ph oto imaging of the facility and equipment if required for evaluation purposes prior to Contract Award and at any time during the Contract Term for the purposes of performance evaluation.
3.7.5 Bidder Tow Trucks and Equipment
3.7.5.1 As confirmation of Fleet size and age, Bidders should list in Appendix "D", Form 4 - List of Bidder Tow Trucks, all Tow Trucks that will be used for the Contract including all the supplementary information requested on the form . If not included with their Quotation, Bid ders must do so within five (5) Business Days of a written request from the City or the Quotation will be declared Non-Compliant.
3.7.5.2 Bidders must own or lease all of the trucks requi red for the Contract that they list in Appendix "D", Form 4 – List of Bid der Tow Trucks. In a ddition, all of the required trucks must be fully licensed, insured and operational at least two (2) weeks prior to the date of commencement of the Contract.
3.7.5.3 The Vendor must have a Global Positioning System (GPS) unit installed in all their vehicles used to provide Towing, Floating and road-side assitance Services to the City.
3.7.5.4 For the purposes of this C ontract, vehicle classes for Tow Trucks will be defined as specified in section 9.3 of the RFQ.
3.7.6 Hours of Operations
3.7.6.1 The Bidder's facilities stated in Appendix "D", Form 3 - Bidder Facilities Information shall be in
operation 24 hours a day, 7 days a week on Business Days as well as on weekends (Saturda y and Sunday) and statutory holidays, as and when required, for the Term of the Contract.
3.7.7 Response time 3.7.7.1 Within the GTA, the Vendor shall respond to emergency calls for Services within a
maximum of one (1) hour, and for non-emergency calls for Services within a maximum of three (3) hours. For Service calls outside of the GTA, the Vendor shall respond within a maximum of three (3) hours.
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3.7.7.2 Responding to a call for Service shall consist of the following steps:
a) A phone call and/or em ail from City official requesting Towing, Floating and /or road-
side assistance Service for a Unit as lis ted in Appendices "C", "C1" and "C2" – Price Forms.
b) Acknowledgement by the Vendor of the Service call from the City, in writing, via email to the City official requesting the Service.
c) Arrival on-site within the response ti mes (specified above) of having received the call to perform the requested Service.
3.7.7.3 Bidders must have a call service structure capable of dispatching Tow and Floating trucks
24 hours a day, 7 days a week. Bidders should state the call service telephone num ber available to provide the service to the City in Table 3 of Appendix "D ", Form 3 - Bidder Facilities Information. Should the Bidder fail to provide their call service telephone number in the Bid submission, they must do so within five (5) Business Days of request by the City or it will resul t in the Bid being declared Non-compliant and not considered for Award.
3.7.8 Pricing
3.7.8.1 Pricing for Services requested in Appendices "C", "C1" and "C2" – Price Forms shall incl ude all
costs such as, but not li mited to, overhead, la bour, travel time, mileage, fuel surcharge, equipment, profits including initia l costs, disbursements including all other incidentals necessary to complete the Work (exclusive of all applicable taxes). No further changes shall be permitted by any Bidder beyond the prices provided in the Bid.
3.7.8.2 Where Floating Services will be requested by the City, the cost to the City shall be per float truck or per load regardless of how many pieces of e quipment or vehicles will be t ransported in the same float truck, and not per Unit as per Appendices "C", "C1" and "C2" – Price Forms.
3.7.9 Invoicing
3.7.9.1 Please refer to Appendix "B" – General Contr act Terms and Conditions, Section 19 f or the
detailed invoicing requirements of the Contract.
3.7.9.2 When submitting invoices for Work rel ated to this Contract, Vendors are required to follow the format provided in Appendix "D", Form 5 – Sample City Invoice.
3.7.10 WSIB Requirements 3.7.10.1 As per Appendix "B" – G eneral Contract Terms and Conditions, Item 14, Workplace and Safety
Insurance Board, the Vendor shall secure, maintain and pay all costs for Wo rkplace Safety and Insurance Board ("WSIB") workers’ compensation coverage for its employees providing Services under this Contract, whether required statutorily or not under the Workplace Safety and Insurance Act, 1997.
3.7.10.2 Before commencing any installation Work, the Vendor shall provide the City with a valid clearance certificate from the Workplace Safety & Insurance Board (WSIB), and shall continue to provide valid clearance certificates from the WSIB for the duration of the Contract. Prior to the
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release of final monies owing by the City of Toronto, the Vendor will be required to produce a certificate issued by the Board to the effect that it has paid in full their assessment based on a true statement of the amount of payrolls. If such a certificate cannot be provided bec ause the Vendor is considered by WSIB to be an independent operator without coverage, a letter to this effect from the WSIB shall be provided by the Vendor.
3.7.11 Subcontractors
3.7.11.1 The Vendor shall not subcontract any work under th is Contract to a subcontractor without prior
written approval by the Contract Manager. Any work performed by a subcontractor shall be the sole responsibility of the Vendor. Charges to the City shall not di ffer from the unit costs offered by the Vendor in Appendices "C", "C1" and "C2" - Price Forms. Failure to comply may result in the Contract being cancelled as per the ter mination provisions set out in Ap pendix "B" – General Contract Terms and Conditions, section 13.
3.7.11.2 Any subcontractor performing Work on behalf of the Vendor, after receiving written approval by the Contract Manager, shall meet the requirements, Terms and Conditions of this RFQ.
3.7.11.3 The Bidder must specify in Appendix "D", Form 9 – Potential Subcontractors all of the potential subcontractors that the Bidder will engage to pr ovide Services on behalf of the Bidder under this Contract, along with their Quotation. The Vendor must also speci fy the Services intended to be subcontracted as well as the num ber of Tow Trucks (if any ) to be used by each subcontractor. Failure to declare subcontractors along with the Quotation will result in the Bid being de clared Non-Compliant.
3.7.11.4 The Bidder shall disclose any ownershi p interest or holdings in, or affiliations, relationships, and personal or business connections w ith subcontractors, suppliers or parts dealer s, including those of any Relatives. Bidders must provide this information with their Quotation in the form provided in Appendix "D", Form 10 – Bidder Affiliations Declaration Form.
3.7.11.5 In addition, the Bidder shall sub mit the statutor y declaration form provided i n Appendix "D", Form 10A – Statutory Declaration Form (Affilia tions and Relationships), completed and signed. If the Bidder fails to do so, and the City discovers such affiliations after Award of the Contract to the Bidder, it may result in termination of the Contract as per the termination provisions set out in Appendix "B" – General Contract Terms and Conditions, section 13.
3.8 Vendor Responsibilities
3.8.1 It shall be the responsibility of the Vendor to ensu re that the Work being requested by City staff
meets the requirements as set out by the Terms and Conditions of this RFQ and is quot ed in Appendices "C", "C1" and "C2" - Price Form s. In cases where City staff requests Servic es not listed under Appendices "C", "C1" and "C2" - Price Forms, the Vendor shall c ommunicate this to the Contract Manager as soon as it becomes known. The City is under no obligation to pay for any Work performed by the Vendor that is not proc ured and quoted under this RFQ and any resulting Contract.
3.8.2 It is prohibit ed to park City Units out side the Vendor's facility (y ard). In t he event a Unit is required to be stored at the Vendor' s facility and the Vendor fails to pr ovide a secure area for the
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Unit to be stored, the Unit will be returned to the City, and all c osts associated with labour and transportation to transport the Unit to and from the City's facility shall be the responsibilit y of the Vendor. The City reserves the right, acting reasona bly, to deduct any monies owed to the City from any monies owed to the Vendor. In the absence of such option, the Vendor shall make payment to the City within 30 calendar days of notice.
3.8.3 The Vendor shall be responsible for the Units while in their care, custody and control, including theft and da mages. In the event the Vendor damages any City Unit(s) while providing the Services, the Vendor shall repair the Unit(s) to the satisfaction of the City at the Vendor’s cost. If the Vendor damages City vehicles and/or equipment while in their care (from the moment a vehicle or equipment is attached to the Vendor’s Tow or Floating truck) the Vendor shall report the damages to the Contract Mana ger immediately within one (1) hour via email. The City shall evaluate the damages and make arrangements with the Vendor to repair the unit at the Ven dor’s cost. The repairs must be co mpleted within 48 hours of the asse ssment or as approved by the Contract Manager in writing via em ail. Failure to do so will result in the City or Vendor completing all the repairs and the Cit y shall deduct any cost from monies owed to the Vendor. In the absence of such option, the Vendor shall credit the City within 30 days of notice.
3.8.4 If working on City facilities, the Vendor must:
a) Supervise their personnel while working on Cit y of Toronto work sites to ensure their safety and that their movement on City facilities is within the requirements of their work.
b) Comply with the buil ding rules such as the no sm oking policy of the buil dings and ot her rules, which will be communicated to the successful Bidder in wr iting at the mandatory kick-off meeting upon Award (section 3.10).
3.9 Vendor Personnel
3.9.1 The Vendor must make available appropriately skilled workers, or subcontractors (if approved as
per section 3.7.11.1), as appropriate, and must be able to provide the necessary materials, tools, machinery and supplies to carry out the Services of the Contract.
3.9.2 The Vendor shall be resp onsible for it s own st aff resources and for the staff resources of any subcontractors and third-party Service providers.
3.9.3 The Vendor will ensure that its perso nnel (including those of approved subcontractors), when using any City of Toronto buildings, premises or equipment, shall comply with all security policies, regulations or directives relating to those buildings, premises or equipment.
3.9.4 Security and Background Check
3.9.4.1 The City will deter mine whether sec urity screening is necess ary and to what level for all
contractual relationships involving goods and/or ser vices arising from a procurement process. Screening is intended to provide the safety and security of City staff, assets, information and the public.
3.9.4.2 The successful Bidder(s) will be respo nsible for conducting security background/criminal record checks for all personnel assigned to this Cont ract who will provide services for the City,
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including subcontractors (if any) who will work with City staff, assets or information, regardless of location. After Award has been approved, prior to the commencement of Services and upon written direction and the discretion of the Ci ty, the successful Bidder(s) m ust provide all necessary documentation as proof that their pers onnel, including subcontractors (if any ), have successfully cleared a security background/criminal record check conducted by the appropriat e regional police authority. The documentation must be provided within ten (10) Business Days of written request fro m the City, or it may result in the Contract being cancelled as per the termination provisions set out in Appendix "B" – General Contract Terms and Conditions, section 13.
3.9.4.3 The City reserves the right to reject and prevent from working under the City's Contract any Vendor employees or subcontractors who are found to have a criminal record, as per the documentation provided as proof of the security background/criminal record check in section 3.9.4.2.
3.10 Performance Evaluation
3.10.1 After the Contract Award and prior to the commencement of Services, the Vendor must attend a mandatory kick-off meeting with the Contract Manager. The purpose of this meeting is to review the Service requirements as set out in t he Contract, establish responsibilities under the Contract, and establish successful working relations with the Vendor.
3.10.2 The Vendor shall be evaluated for their performance prior to the acceptance of any optional year.
Please refer to Appendix "D", Form 12 - Vendor Performance Ev aluation Form for a samp le of the form which details the criteria that will be u sed to evaluate and rate the Vendor's performance for the purposes of this Contract.
3.10.3 The City may request subsequent mandator y meetings with the Vendor to review Vendor performance and/or conflict resolutions at any time during the Contract Term, with the Vendor. The City expects the Ven dor to exhibi t a w illingness to cooperate to resolve any outstanding issues in order for the City to continue business with the Vendor. If the Vendor fails to attend the mandatory kick-off meeting or any of the subse quent mandatory meetings during the Contract Term, the City may terminate the Contract as per the termination provisions set out in Appendi x "B" – General Contract Terms and Conditions, section 13.
3.10.4 At any of the mandatory meetings under this section, the Vendor shall be entitled to identif y any aspect of the Cit y's operations that is undermining the Vendor' s ability to deliver at least a satisfactory level of performance in accordance with the Vendor Performance Evaluation Form (Appendix "D", Form 12). Where the City concludes that this is in fact the case, the rating given to the Vendor with respect to those criteria on the Vendor Performance Evaluation Form, will be adjusted accordingly.
3.10.5 Where Vendor performance issues are identified during the Contract Term, the following process shall be followed by the City and the Vendor:
a) The City and the Vendor shall agree at the ti me of the mandatory meeting or within 24 hours thereafter, on the measures to be taken by the Vendor moving forward to improve their performance to at least a satisfactory level.
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b) Within 24 hours of agreeing o n those measures, the Vendor shall confirm with the Cit y (through the Contract Manager) in writing that the measures agreed upon have been implemented.
c) Where the Vendor fails or refuses to implement measures as provided section 3.10.5 (b), it shall be documented and will negatively impact the Vendor's performance rating t o show the Vendor as display ing unacceptable performance for th e corresponding criteria as per the Vendor Performance Evaluation Form (Appendix "D", Form 12).
d) If the Vendor continues to provide unacceptable performance, they shall be deemed to be in default under the Contract, and the City in its sole discretion, the City m ay terminate the Contract as per the termination provisions set out in Appendix "B" – General Contract Terms and Conditions, section 13, and can recommend the Vendor for disqualification by City Council and be prevented from doing busin ess with the City for a period of one (1) year.
4.0 Term of Contract 4.1 Upon Award of this RFQ, the Vendor s and the City will have a Contract for the non-excl usive
provision of vehicle and equipment Towing, Floating Services and road-side assistance services for the City of Toronto within the Greater Toronto Area (GTA) and/or outside of t he GTA in Ontario, on an 'as-and-when-required' basis, for a fixed period of two (2) years from the date of award, with the option to renew the Contract for three (3) additional separate one (1) year periods, all in accordance with the terms, conditions, and specifications contained in this RFQ and any applicable City policy.
4.2 The decision to renew the Contract for any option term will be at the sole discretion of the City and
will be decided at least fo ur (4) months in advance. All terms and conditions of the Contract shall remain in effect and con tinue during the o ptional year(s), with the excep tion of any price adjustment. The City may take into consideration the following into its decision to exercise any option year:
Vendor performance during the contract including meeting timelines, and Deliverables; Available budget; The annual price adjustment; and Operational needs.
Included in the decision to accept any option year(s) of the Contract, is a price adjustment annually effective applied after the Contract's end date in accordance with the annual Consumer Price Index (CPI), (CPI Index-All Items-Toronto) for a 12 month period. For the purposes of the evaluation and award there will be a 3% CPI adjustment applied annually to the total annual cost of the preceding term for every option year.
5.0 Site Meeting – Not Applicable
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6.0 Quotation Response Requirements 6.1 General Response Requirements 6.1.1 The following section lists the items that are to be included with your subm ission. Failure to
include mandatory items will result in your submission being found to be non-compliant and not considered further.
6.1.2 Bidders must submit one (1) original (clearly marked and identified) and should submit one (1)
additional hard cop y of their Quotation. In the event where there are deviations between the original and any copies, the original hard copy shall prevail.
6.2 Request for Quotation Cover Page
6.2.1 If providing a Quotation on behalf of a corporation, the RFQ cover page m ust be signed b y an
authorized signing officer who has the authority to bind the corporation. If the Bidder is not a corporation, the cover page must be signed by an authorized signing officer, having the auth ority to legally bind the Bidder to the extent permissible by the Requirements of Law. Bidders m ust also indicate the receipt of all Addenda as indicated on the RFQ cover page.
6.3 Price Forms – Appendix "C", "C1" and "C2" 6.3.1 In order for the Quotation to be considered, the Bidder must provide pricing on all items listed in
the Price Form(s) it intends to Bid on, inclusiv e of Prompt Payment discounts where applicable. Quotations that do not include pricing on all Deliverables listed in the price forms that the Bidder intends to Bid on will be declared Non-Compliant.
6.3.2 The Bidder i s to transc ribe the grand t otal base bid price fro m the Appendices "C", "C1" and
"C2" - Price Forms on the Total Base Bid Price lines at the bottom of the RFQ Cover Page (page 1), separately. In the eve nt of any discrepancy between the information provided in the RFQ Cover Page – Total Base Bid Price lines and the amount set out in the Price Form s, the Price Forms shall govern.
6.3.3 Early Payment Discount Discount terms for early payment cannot be earlier than 15 days from the receipt date of the invoice by the City of Toronto, Corporate Accounts Payable unit.
6.3.3.1 If early payment terms are being offered, this m ust be indicated on Appendices "C", "C 1" and "C2" - Price Forms. The total base Bid price will be calculated taking the total base Bid price less the discount offered, and will be applied agai nst both the initia l Term, and any subsequent renewal Term option(s) (if applicable) in orde r to determine the evaluated bid price fo r the purposes of the award.
6.3.4 All prices, rates, and/or costs submitted by Bidders with respect to unit prices, labour hours and
estimated labour hours prior to the start of the work in relation to this Request for Quotation, must include any and all expenses that may be anticipated and incurred by the Vendor while providing the Services as specified in this RFQ. No additional costs will be considered.
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6.3.5 For firms that manufacture and/or market products identified within the Ontario Municipal Hazardous Waste or Special Waste (MHSW), all fe es payable to Stewardship Ontario are to be included in the unit prices.
6.3.6 Bidders must provide ALL prices requested in the Price Form(s) they intend to Bid on. Prices that are intended to be zero co st/no charge to the City must be submitted in the space provided in Price Form(s) as "$0.00", "0" or "zero". BIDDERS THAT DO NOT F ULLY COMPLETE THESE FORMS (SUCH AS LEAVING LINES BLANK), OR HAVE UNCL EAR ANSWERS (SUCH AS " N/A", "-", OR "TBD", D ASHES OR HYPHENS) WILL BE D ECLARED NON-COMPLIANT.
6.4 Mandatory Bid Submission Requirements – Appendix "D", Form 11
6.4.1 Bidders should use the list provided in Appendix "D", Form 11 – Mandatory Bid Submission Requirements as a guide to ensure they include all the mandatory documents specified for inclusion in this RFQ along with their Bid submission.
6.4.2 Failure to submit the items indicated as mandatory ("must", "shall", "will") within this RFQ, along with the Bid at the time of submission, will result in the Bid submission being declared Non-Compliant and not considered for Award.
6.5 City Policies Submission Form(s) – Appendix "E"
6.5.1 The Policy Submission Form contains statements from different City of Toronto Policies. The complete text of thes e policies can also be found on the City’s website at http://www.toronto.ca/purchasing/policies. Where applicable, the Bidder s hall answer t he questions posed and include the sub mission form with the com pleted Request for Quotation, failure to do so will result in the Bidder being declared Non-Compliant.
6.6 Bidder References 6.6.1 Bidders must submit a minimum of three (3) ref erences from companies, for whom the Bidder
has satisfactorily provided Towing, Floating and road-side assistance services in the past three (3) years on a scale equal to, if not greater than, the requirements of this RFQ. The inform ation for these references may be provided in the form provided for this purpose in Appendix "D".
6.6.2 Should the reference inform ation requested not be included with the Quotation subm ission,
Bidders must provide it within three (3) Busin ess Days of a written request from the City or the Quotation will be declared Non-compliant.
6.6.3 Bidders must provide a "Yes" or "No" response in Appendix "D", Form 6 – Bidder References
Form confirming the Bidding firm did or did not provide the services listed.
6.6.4 Firms, companies, organizations and corporations that furnish information and details do so with the understanding that the City intends to review, check and investigate all references, details and information as contained therein.
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6.6.5 The City may contact the referenc es provided. Should any reference fail to confirm that the services listed in section 3.0 - Scope of Work, were performed in a satisfac tory manner; the Quotation will be declared Non-compliant and not considered for Award.
6.7 Usage Reports
6.7.1 A sample usage report including the criteria in Appendix "B1" – Supplementary Contract Terms and Conditions, section 3, subsec tion 1 should be included by the Bidder upon Bid sub mission. These usage reports will be required for Contr act management and accounting purposes by the City. If not submitted with their Quotation, Bidders must submit the sample usage report within five (5) Business Day s of a written request from the City, or their Bid may be declared Non-Compliant.
7.0 Award 7.1 Subject to the process ter ms contained in Appendix "A" and the City's procurement policies, it is
the intent of the City to award a Contract to one (1) or more Bidders based on the Bidder(s) meeting specification and providing the lowest total base Bid price cost as shown in each of Appendices "C", "C1" and "C2" – Price Forms inclusive of prompt payment.
7.2 Each of the Appendices "C", "C1" a nd "C2" – Price Forms shall be eval uated and a warded
separately to one (1) primary Vendor and one (1) secondary Vendor.
7.3 For each of Appendices "C", "C1" and "C2", the primary Vendor will be the successful Bidder with the lowest total base Bi d price and meeting re quirements for the respecti ve price form . The secondary Vendor will be the Bidder with the ne xt lowest total base Bid price, meeting requirements, per price form.
7.4 The primary Vendor will be contact ed to perform the Services st ated in this RFQ before the
secondary Vendor. If t he primary Vendor fails to respond t o a call for service within the response times set out in section 3.7.8.1, the Cit y reserves the right to then engage the secondar y Vendor to perform the required Services. Failure to respond to a call for service shall also result in a negative rating on the Vendor's performance evaluation (section 3.10).
7.5 The City intends to structure the Award and do llar value for each Contract as follows: 75 % of annual Contract value or the Work to the primary Vendor, and 25% of annual Contract value or the Work to the secondary Vendor. The distributio n of Work is an estim ate only and is no guarantee that a minimum amount of Work will be allocated to any Vendor.
7.6 In the event there is no s uccessful secondary Vendor, the Award will be m ade to t he primary
Vendor in its entirety.
7.7 Upon Award, the City will confirm with the Vendo r(s), the Deliverables, date(s) and any other instructions related to the Deliverables being provided.
7.8 The provision of Deliverables shall not commence until a signed Contract for the Deliverables is
issued and a Contract Release Order (CRO) has been issued.
7.9 The City reserves the right of accepting or rejecting any and/or all parts of this RFQ.
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8.0 Piggyback clause 8.1 After award, the Vendor acknowledges that the Cit y may inform its Agencies and Corp orations of
the Vendor's Contract with the City. If the Vendor wishes to provide the same Deliverables to the City's Agencies and Corporations, it sha ll use commercially reasonable efforts to negotiate for the purpose of entering into separate and distinct contracts with the City's Agencies and Corporations based on the same or comparable terms (including price and duration) as ar e set out in the City's Contract with the Vendor. The Vendor further acknowledges that the City shall not be liable for any separate contracts negotiated with the City's Agencies and Corporations by the Vendor.
9.0 Specifications
9.1 General Specifications 9.1.1 All specifications are minimum requirements that must be met or exceeded. Bids containing one
or more items that do not meet or exceed the minimum specifications will be declared Non-Compliant.
9.1.2 The Bidder's Towing equ ipment must be capable of safely Towing or Floa ting all t ypes of vehicles and equipment including but not limited to; automobiles, light trucks, medium trucks, heavy trucks, class eight (8) tractor trucks, all t ypes of street swe epers, 40 foot low floor buses and various types of off road equipm ent as s hown in Appendices "C", "C1" and "C2" – Pric e Forms.
9.1.3 One standard truck (light-duty truck) must be capable of performing towing and recovery services in an underground garage.
9.2 Tow Truck Safety Requirements
9.2.1 All Tow Trucks used to service the Contract must be equipped with back-up lights and an audible warning device, which shall at all times be kept in good working order and which, combined with a flashing amber roof light, shall be a ctivated prior to the Tow Truck commencing a reversing action in order to hook-up to a vehicle and/or equipment.
9.2.2 Tow booms on tow trucks owned by the operator are to be kept lowered at all times when a Tow Truck is in motion (including reversing up to a vehicle and/or equipment) other than wh en a vehicle and/or equipment has been, or is actually being, hooked-up to a Tow Truck.
9.2.3 When not in use, dollies are to be affixed to the Tow Truck in such a m anner so as to afford maximum visibility to the rear of the vehicle and/or equipment by the driver of the Tow Truck.
9.3 Tow Truck Weight Class Definitions
9.3.1 Light–Duty Tow Truck: A light–duty Tow Truck will be capable of Towing vehicles with a gross vehicle weight of up t o 10,000 pounds (4,536 kilograms) as per Appendix "D", Form 8 – City Vehicle Weight Rating Classes. The truck will be a dual rear wheel configuration with a wrecker body mounted on a frame rated at not less than one (1) tonne. Modified pickup trucks are not acceptable. Towing equipment will be permanently mounted and capable of performing damage-
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free Towing such as wheel-lift or fl atbed trucks. The use o f slings and other outmoded equipment is prohibited.
9.3.2 Medium-Duty Tow Truck: A medium–duty Tow Truck will be capable of Towing vehicles with a gross vehicle weight of between 10,001 and 19,500 pounds (4,537 and 8,845 kilograms) as per Appendix "D", Form 8 – City Vehicle Weight Rating Classes. The truck will be a dual rear wheel configuration with a wrec ker body mounted on a frame rated at not less than three (3) tonnes. Modified pickup trucks are not acceptable. Towi ng equipment will be permanently mounted and capable of performing damage free towing such as wheel-lift or flatbed trucks. The use of slings and other outmoded equipment is prohibited.
9.3.3 Heavy-Duty Tow Truck : A heavy-duty Tow Truck will be capable of Towing vehicles having a gross vehicle weight in excess of 19,501 pounds (8,846 kilograms). This tr uck must also be capable of performing damage-free Towing with appropriate equipment installed.
9.4 Prior to Aw ard, upon request b y the City, Bidde rs may be r equired to p rovide an o n-site
demonstration with their Towing and/or Floating equipment in order to provide an assessment of their capability and equipment to safel y lift and Tow extra heavy-duty vehicles and/or equipment with gross weights up to 8 2,000 pounds. Failure to comply with this requirement or to perform an on-site demonstration with their Towi ng and/or Floating equipment to the satisfaction of the City will result in the Bid not being considered for Award.
10.0 Quantity
10.1 Quantities provided are estim ates only and should not be interpreted as indicating a m inimum or
maximum order quantity. The quantities shall be used as a basis for comparison upon which the award will be made. These quantities are not guarant eed to be accurate and are furnished without any liability to the City whether decreased or increased.
11.0 Material Safety Data Sheets (MSDS) – Not Applicable 12.0 Delivery and Installation
12.1 The Vendor must deliver the specified Deliverables as per their Quotation without substitution or
deviation. 12.2 The Vendor shall furnish all labour, materials, services, supplies, tools, eq uipment, apparatus,
transportation, facilities and incidentals required and perform all operations necessary to complete the Services outlined within this RFQ.
13.0 Return of Products – Not Applicable
14.0 Warranty – Not Applicable
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15.0 Insurance (Refer to Appendix B – General Contract Terms and Conditions)
16.0 Performance Security 16.1 Bidder(s) who have been notified by the City as the primary Vendor must submit within five (5)
Business Days of written request by the City and prior to the Award, a certified cheque, bank draft, money order or letter of credit, made payable to City of Toronto, Treasurer, in the amount of $10,000.00 CDN to act as the Performance Security for the duration of the Contract, including option years. Failure to submit within five (5) Business Days of written request by the City, will result in their Bid being declared Non-Compliant and not considered for Award.
16.2 Bidder(s) who have been notified b y the City as the secondary Vendor must submit within five (5) Business Days of written request by the City and prior to the Award, a certified cheque, bank draft, money order or letter of credit, made pay able to City of Toronto, Treasure r, in the am ount of $5,000.00 CDN to a ct as the Perfor mance Security for the d uration of the Contract, including option years. Failure to subm it within f ive (5) Business Days of written request by the City, will result in their Bid being declared Non-Compliant and not considered for Award.
16.3 The Performance Security of the successful Bidder will be r eturned by the Purchasing and
Materials Management Division upon expiry of the Contract and not before provided all required work has been completed to the satisfaction of the divisional representative.
16.4 Any Performance Securities received that does not satisfy the requirements of the certified cheque,
bank draft, money order or letter of credit will be declared Non-Compliant and not considered. 16.5 If submitting a letter of credit, the following conditions must be incorporated into the document:
(1) It must be issued by a Canadian chartered ba nk listed in schedule ‘i’ or ‘ii ’ to the Bank Act
(Canada);
(2) It is in a suf ficient dollar am ount (e.g.: equivalent to the value of the certified cheque for which it is substituting);
(3) It is irrevocable; (4) It is unconditional; (5) It is automatically renewable unless ad vised by written notice to the City Treasurer 30 days
preceding the expiry date or dates, that the letter of credit will not be renewed; and (6) The City of Toronto may draw on it at will; (7) If advised in accordance with (5) above the City Treasurer will exercise the drawing option.
16.6 Only original copies of Letters of Credit are acceptable. Quotations submitted with faxed copies of
Letters of Credit are not acceptable and will be declared Non-Compliant.
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17.0 Occupational Health and Safety 17.1 Bidders are required to su bmit a properly commissioned (**) O ccupational Health and Safety
Statutory Declaration (“OHSA Declaration”) in the form attached to this Quotation Request prior to award. (Form can be found in Appendix "D" – Supplementary Forms).
17.2 If a properly commissioned OHSA Declaration is not submitted with your Quotation, the City may provide a Bidder with an opportu nity to submit the required OHSA Declaration within fiv e (5) working days of such written request. Failure to submit the OHSA Declaration in response to that written request or the inabilit y of the Bidder to satisfy the requirem ents set out in the OHSA Declaration are grounds for default. The City may also consider previous OHSA violations as grounds for r ejection of a Quotation and the City may terminate any contra ct arising from this Request for Quotation if the Bidder is continuously in violation of OHSA requirements.
17.3 In the event that a Bidder is unable to satisfy the OHSA Declarations requirements, Bidders are
advised Occupational Health and Safety training is available to Ontario contractors through the Construction Safety Association. That training s hould enable Bidders to identify whether further training is necessary to satisfy the requirements of the OHSA Declaration on future Tender/Quotation/Request for Proposal submissions.
17.4 The following persons, by virtue of their office, are Commissioners for taking affidavits in Ontario:
Members of the Legislative Assembly, Provincial judges and justices of the peace, and barristers and solicitors entitled to practise law in Ontario.
18.0 Other Terms 18.1 The Vendor must comply with the City 's Public Service By -Law, Municipal Code Chapter 192,
Article IV, Conflict of Interest and Confidentiality, in which City employees may not accept, arrange to accept, give or request to be given a reward, gift, advantage or benefit of any kind from any person or entity that influences or could be perceived to influence the perfor mance of the employee's duties. Failure to do so may result in the termination of the Contract.
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APPENDIX “A” - REQUEST FOR QUOTATIONS PROCESS TERMS AND CONDITIONS 1. Bidder’s Responsibility (1) It shall be the responsibility of each Bidder:
a) to examine all the components of this Request for Quotations (RFQ), including all appendices, forms and Addenda;
b) to acquire a clear and comprehensive knowledge of the requir ed Deliverables before submitting a Quotation;
c) to become familiar and (if it becomes a succ essful Bidder) comply with all of the t erms and conditions contained in this RFQ and the City’s Policies and L egislation set out on the City of Toronto website at: www.toronto.ca/tenders/index.htm
(2) The failure of any Bidder to receive or examine any document, form, addendum, or policy shall not
relieve the Bidder of any obligation with respect to its Quotation or any purchase order issued based on the Bidder’s Quotation.
2. City Contact and Questions
(1) All contact and questions concerning this RFQ should be directed in writing to the City employee(s) designated as “Buyer” in the RFQ.
(2) No City representative, whether an official, agent or e mployee, other than those identified as “Buyer” or the Chief Purchasing Official or his/her delegate are authorized to speak for the City with respect to this RFQ, and a ny Bidder who uses any information, clarification or interpretation fro m any other representative does so entirely at the Bidder’s own risk.
(3) Not only shall the City not be bound by any representation made by an unauthorized person, but any attempt by a Bidder to bypass the RFQ process may be grounds for rejection of its Quotation.
(4) Commencing from the i ssue date of this RF Q until the ti me of any ensuing Award, no communication shall be made by any person, in cluding potential Bidders, or its represen tatives, including a third-person representative employed or retained by it (or any unpaid representatives acting on behalf of either), to promote its Quotation or oppose any competing Quotation, nor shall any potential Bidder, or its repres entatives, including a third-person represen tative employed or retained by it (or any unpaid representatives acting on behalf of either), discuss this RF Q or its Quotation with any City staff, City officials or Council member(s), other than a communication with the "City Contact" identified on page 1 on this RFQ.
(5) Communications in relation to this RFQ outside of those permitted by the applicable procure ment policies and this RFQ document c ontravene the Lobbying By-law, an offence for which a person is liable to a maxi mum fine of $25,000.00 on a fi rst conviction and $100,000.00 on each subsequent conviction. In addition, the City 's Procurement Processes Policy provides that any Bidder found in breach of the policy may be subject to disqualification from the call or a future call or calls at the discretion of Council.
(6) Notwithstanding anything to the contra ry set out i n this docum ent, the obliga tions with re spect to lobbying as set out in the City of Toronto Municipal Code, Chapter 140 shall apply. The links to the City's Procurement Processes Policy, Lobbying By-Law and Interpretive Bulletin on Lobby ing and Procurement are as follows:
http://www.toronto.ca/citybusiness/pdf/policy_procurement_process.pdf http://www.toronto.ca/legdocs/municode/1184_140.pdf http://www.toronto.ca/lobbying/pdf/interpretation-bulleting_lobbying-procurements.pdf
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3. Addenda
If it becomes necessary to revise any part of this RFQ, the revisions will be by Addendum posted electronically in Adobe PDF format on the City’s website at www.toronto.ca/calldocuments. Bidders and prospective Bidders SHOULD MONITOR THAT SITE as frequently as they deem appropriate until the day of the Deadline. Only answers to issues of substance will be posted. The City reserves the right to revise this RFQ up to the Closing Deadline. When an Addendum is issued the date for submitting Quotations may be revised by the City if, in its opinion, the City determines more time is necessary to enable Bidders to revise their Quotations.
All Bidders must acknowledge receipt of all Addenda in the space provided on the Quotation Submission Form. The City’s Purchasing and Materials Management Division will make reasonable efforts to issue the final Addendum (if any) no later than two (2) days prior to the Deadline.
4. Exceptions to Mandatory Terms and Conditions
If a Bidder wishes to suggest a change to any mandatory term or condition set forth in any part of this RFQ it should notify the Buyer in writing not later than three (3) Business Days before the Closing Deadline. The Bidder must clearly identify any such term or condition, the proposed change and the reason for it. If the City wishes to accept the proposed change, the City will issue an Addendum as described in the article above titled Addenda. The decision of the City shall be final and binding, from which there is no appeal. Changes to mandatory terms and conditions that have not been accepted by the City by the issuance of an Addendum are not permitted and any Quotation that takes exception to or does not comply with the mandatory terms and conditions of this RFQ will be rejected.
5. Omissions, Discrepancies and Interpretations
A Bidder who finds omissions, discrepancies, ambiguities or conflicts in any of the RFQ documentation or who is in dou bt as to the meaning or has a dispute respectin g any part of the RFQ should notify the Buy er noted in this RFQ in wri ting. If the City considers that a correction, explanation or interpretation is necessary or desirable, the City will issue an Addendum as described in the article above titled Addenda. The decision and interpretation of the City respecting any such disputes shall be final and bin ding, from which there is no appeal. No oral explanation or interpretation shall modify any of the requirements or provisions of the RFQ.
6. Incurred Costs
The City will not be liable for, nor reimburse, any potential Bidder or Bidders, as the case may be, for costs incurred in the preparation and submission of any Quotation.
7. Limitation of Liability The City shall not be liable for any costs, expenses, loss or damage incurred, sustained or suffered by any Bidder prior, or subsequent to, or b y reason of the acceptance or the non-acceptance by the City of any Quotation, or by reason of any delay in acceptance of a Quotation, except as provide d in this RFQ.
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8. Post-Submission Adjustments and Withdrawal of Quotations
(1) No unilateral adjustments by Bidders to submitted Quotations will be permitted.
(2) A Bidder may withdraw its Quotation prior to th e Closing Deadline any time by notifying the Buyer designated in this RFQ in writing.
(3) A Bidder who has withdrawn a Quotation m ay submit a new Quotation, but only in accordance with the terms of this RFQ.
(4) After the Closing Deadline each submitted Quotation shall be irrevocable and binding on Bidders for a period of 90 days.
(5) If the City makes a request to a Bidder for clarification of its Quotation, t he Bidder will provide a written response within 48 hours accordingly , unless otherwise indicated, which shall then form part of the Quotation.
9. No Collusion or Unethical Conduct
(1) No Bidder may discuss or communicate about, directly or indirectly, the preparation or content of its Quotation with any other Bidder or the agent or representative of any other B idder or pros pective Bidder. If the City discovers there has been a br each at any time, the City reserves the right to disqualify the Quotation or terminate any ensuing contract.
(2) By submitting a Quotation in response to this Quotation Request, the Bidder certifies that:
a) the prices in the Quotation have been arrived at independently of those of any other Bidder;
b) the prices in the Quotation have not been knowingly disclosed by the Bidder, and will not knowingly be disclosed by the Bidder prior to the award of purchase, directly or indirectly, to any other Bidder or competitor; and
c) no attempt has been made, or will be made, to induce any other person to submit or not to submit a Quotation, for the purpose of restricting competition.
(3) Bidders must not have common ownership, direct ors, or management, or any other affiliation, connection, association or attach ment with each other that may be deem ed to com promise the principle of competition. Bidders must disclose any arrangements with other Bidders (including but not limited to subcontracting) that m ay reasonably be deeme d to com promise the principle of competition, at or prior to the Closing Deadline.
10. Prohibition against Gratuities
(1) No Bidder and no em ployee, agent or representative of the Bidder, may offer or give any gratuity in the form of entertain ment, participation in social events, gifts or otherwise to any officer, director, agent, appointee or employee of the City in connection with or arising from this RFQ, whether for the purpose of securing a contract or seeking favourable treatment in respect to the award or amendment of the co ntract or influ encing the performance of t he contract, including without restriction enforcement of performance standards, or expressing appreciation, or providing compensation, for the award of a contract or for performance of the Ci ty's obligations thereunder or for conferring favours or being lenient, or in any other manner whatsoever.
(2) If the City determines that this article has been breached by or with respect to a Bidder, the City may exclude its Quotation from consideration, or if a contract has already been entered into, may terminate it without incurring any liability.
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11. Conflicts of Interest/Unfair Advantage
(1) In its Quotation, the Bidder must disclose to the C ity any potential conflict of interest that m ight compromise the performance of the work or which might reasonably compromise or provide the Bidder an unfair advantage in the bidding process. I f such a conflict of interest does exist, the City may, at its discretion, refuse to consider the Quotation.
(2) The Bidder must also disclose whether it is aware of any City employee, Council member or member of a City agency, board or commission or employee thereof having a financial interest in the Bidder and the nature of that inter est. If such an interest exists or arises prior to the award on any contract, the City may, at its discretion, refuse t o consider th e Quotation or withhold the awarding of an y contract to the Bidder until the matter is resolved to the City’s sole satisfaction.
(3) Bidders are cautioned that the acceptance of their Quotation may preclude them from participating as a Bidder in subsequent pr ojects where a conflict of interest may arise. The B idder for this project may participate in subsequent/other City project s provided the Bidder has satisfied pre-quali fication requirements of the City, if any, and in the opinion of the City, no conflict of interest would adversely affect the performance and successful completion of an agreement by the Bidder.
12. Quasi-Criminal/Criminal Activity of a Proponent
(1) The City may reject a Quotation or Bidder if the City:
a) confirms that the Bidder or any individual that owns, directs, or controls the Bidder has been charged with or convicted of an offence under the Criminal Code, an offence under other applicable Requirements of Law, or an offence pursuant to similar laws outside of Ontario, or has been named in an order or similar enforcement measure by a regulatory authority;
b) determines that this charge or conviction or order is material to the given procurement; and
c) determines that, in light of this charge or c onviction, awarding t he Bidder could com promise the
delivery of the deliverables or w ould otherwise undermine the busi ness reputation of the City of the public's confidence in the integrity of the call process
13. Failure or Default of Bidder
(1) If the Bidder, for any reason, fails or defaults in respect of any matter or thing which is an obligation of the Bidder under the terms of the RFQ, the City may at its option:
a) Consider that the Bidder has submitted a non-compliant Bid, whereupon the City may also rescind any acceptance of the [Proposal/Bid] as null and void; or
b) Consider that the Bidder has abandoned any Agreement and require the Bidder to pay the City the
difference between its Quotation and any other Quotation which the City accepts, if the latter is for a greater amount and, in addition, to pay the City any cost which the City may incur by reason of the Bidder’s failure or default. The Bidder shall be ineligible to submit a new Quotation for any Call that the City is required to reissue as a result of the Bidder's failure or default or where the City deems that the Bidder has abandoned the Agreement.
14. Acceptance of Quotations
(1) The City shall not be obliged to accept any Quotation in response to this RFQ.
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(2) The City may modify and/or cancel this RFQ prior to accepting any Quotation.
(3) Quotations may be accepted or rejected in total or in part.
(4) The lowest quoted price may not necessarily be accepted by the City.
(5) In determining which Quotation provides the best value to the City, consideration may be given to the past performance of any Bidder.
(6) Quotations which are incomplete, not completed in ink, conditional or obscure or which contain additions not called for, erasures or alterations of any kind may be rejected.
(7) The City reserves the right to waive immaterial defects and minor irregularities in any Quotation.
(8) Quotations not completed in non-erasable medium and signed in ink shall be rejected.
(9) The City reserves the right to verify the validity of information submitted in the Quotation and may reject any Quotation where, in the City’s sole estimation, the contents appear to be incorrect, inaccurate or inappropriate.
(10) The City reserves the right to assess the ability of the Bidder to perform the contract and may reject any Quotation where, in the City’s sole estimation, the personnel and/or resources of the Bidder are insufficient.
(11) The City may reject a Quotation if it determines, in its sole discretion, that the Quotation is materially unbalanced. A Quotation is materially unbalanced when:
a) it is based on prices which are significantly less than cost for some items of work and prices which are significantly overstated in relation to cost for other items of work; and
b) the City had determined that the Quotation may not result in the lowest overall cost to the City even though it may be the lowest submitted Quotation; or
c) it is so unbalanced as to be tantamount to allowing an advance payment.
15. Currency
Unless otherwise stated herein, prices quoted are to be in Canadian dollars.
16. Tied Bids
In the event that the City receives two or more Quotations identical in price, the City reserves the right to select one of the tied Quotations by way of a coin toss (in the case of two identical bids), or lottery (in the case of more than two identical bids).
17. Mathematical Errors
In the event of mathematical errors f ound in the pricing pages, the unit prices quoted shall prevail. Extensions and totals will be corr ected accordingly and adjustments resulting from the correction will be applied to the total price quoted.
18. City Confidential Information
(1) City Confidential Information provi ded by City staff to any Bidder or prospective Bidder in connection with, or arising out of this RFQ, the Deliverables or the acceptance of any Quotation:
a) is and shall remain the property of the City; b) must be treated by Bidders and prospective Bidders as confidential;
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c) must not be used for any purpose other than for reply ing to t his RFQ, and for fulfillment of any related subsequent contract.
19. Ownership and Disclosure of Quotation Documentation
(1) The documentation com prising any Quotation submitted in response to this RFQ, along with all correspondence, documentation and in formation provided to the City by any Bidder in connectio n with, or arising out of this RFQ, once received by the City:
a) shall become a record of the City; b) shall become subject to the Municipal Freedom of Information and Protection of Privacy Act
("MFIPPA"), and may be released, pursuant to that Act and other Requirements of Law. (2) Because of MFIPPA, Bidders should identify in their Quotation any scientific, technical, commercial,
proprietary or similar confidential information, the disclosure of which could cause them injury. (3) Each Bidder’s name and quoted total base price shall be made public.
(4) By submitting a Quotation, the Bidder acknowledges that it will be made av ailable to members of City Council and Committees on a confidential basis a nd may be released to mem bers of the public pursuant to an access request made under MFIPPA and other Requirements of Law.
20. Intellectual Property Rights
Each Bidder warrants that the informat ion contained in its Quotation does not infringe any third party intellectual property right and agrees to indemnify and save harmless the City, its staff and its consultants, if any, against all claims, actions, suits and proceed ings, including all costs incurred by the City brought by any person in respect o f the infringement or alleged infringement of any patent, copyright, trademark, or other intellectual property right in connection with their Quotation. 21. Governing Law
This RFQ and any Quotation submitted in response to it and the process contemplated by this RFQ shall be governed by the laws of the Prov ince of Ontario. An y dispute arising out of this RFQ or this RFQ process will be determined by a court of competent jurisdiction in the Province of Ontario.
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APPENDIX "B" - GENERAL CONTRACT TERMS AND CONDITIONS In addition to any other terms and conditions contained elsewhere in this RFQ, the following terms and conditions shall form part of the Contract between the City and the Vendor and are deemed to be incorporated into and take precedence over the terms of any purchase order(s) issued in connection with this RFQ. The order of precedence shall be: (i) the RFQ, including any appendices, schedules and Addenda; (ii) the purchase order; and (iii) the Quotation;
1. Compliance with Laws
The Vendor will be requi red to com ply, at its sole expense, with all applic able Requirements of Law (including, without limitation, the City's Fair Wage and other p olicies or by-laws applicable to the City's vendors, the Ontario Fire Code, the Ontario Employment Standards Act, the Ontario Human Rights Code, the Ontario Labour Relations Act, the Workplace Safe ty and I nsurance Act, the Income Tax Act an d Occupational Health and Safety requirements) in relation to the provision of any Services, including the obtaining of all necessary permits and licences, and shall submit proof of suc h compliance to the City , upon request, and the Vendor shall indem nify and save the City harmless from any liability or cost suffered by it as a result of the vendor's failure to comply with this provision.
2. Non-Exclusivity
The awarding of a Contract to a Vendor shall not be a guarantee of exclusivity. 3. Confidentiality
The Vendor shall treat as confidential all information of any kind which comes to the attention of t he Vendor in th e course of carrying out t he Services a nd shall not disseminate such inform ation for an y reason without the express written permission of the City or otherwise in accordance with MFIPPA or other applicable privacy l aw. The Vendor m ay be required to enter into a detailed confidentialit y and conflict of interest agreement in a form satisfactory to the City Solicitor.
4. Conflict of Interest
The Vendor shall: (a) avoid any Conflict of Interest in the performance of its contractual obligations; (b) disclose to the City without delay any actual or potential Conflict of Interest that arises during the performance of its contractual obligations; and (c) comply with any requirements prescribed by the City to resolve any Conflict of Interest. In addition to all other contractual rights or rights available at law or in equity, the City may immediately terminate the Contract upon giving notice to the Vendor where: (a) the Vendor fails to disclose an actual or potential Conflict of Interest; (b) the Vendor fails to comply with any requirements prescribed by the City to resolve or manage a Conflict of Interest; or (c) the Vendor’s Conflict of Interest cannot be resolved to the City's reasonable satisfaction. 5. Indemnities (1) The Vendor shall indemnify and save harmless the City of Toronto, its Mayor, Members of Council,
officers, employees, and agents from and against any losses, liens, charges, claims, demands, suits, proceedings, recoveries and judgments (including legal fees and costs) arising from or related to the
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Vendor's performance or non-performance of its obligations, including payment obligations to its approved subcontractors and suppliers and others, and including or breach of any confidentiality obligations under the Contract or infringement, actual or alleged of any Canadian, American or other copyright, moral right, trade-mark, patent, trade secret or other thing with respect to which a right in the nature of intellectual/industrial property exists.
(2) Upon assuming the defence of any action covered under this sub-article the Vendor shall keep City of Toronto reasonably informed of the status of the matter, and the Vendor shall make no admission of liability or fault on City of Toronto's part without City of Toronto's written permission.
Intellectual Property Indemnity
The Vendor shall indemnify and save harmless the City of Toronto, its Mayor, Members of Council, officers, employees, and agents from and against any losses, liens, charges, claims, demands, suits, proceedings, recoveries and judgements (including legal fees and costs) arising from infringement, actual or alleged, by the Quotation, its use or misuse, or by any of the deliv erables developed or provided or supplied under or used in connection w ith the Services (including the provision of th e Services themselves), of any Canadian, American or other copyright, moral right, trade-mark, patent, trade secret or other t hing with respect to whic h a right in the nature of i ntellectual/industrial property exists.
Employment & WSIB Indemnity
Nothing under this Agreement shall render the C ity responsible for any employment, benefit or termination liability (including those under or in connection with the Workplace Safety and Insurance Act, 1997 or any successor l egislation ("WSIA"), whether statutorily required, at common law or other wise, resulting from Services supplied under this Agreement by persons employed or otherwise engaged b y the Vendor. In the event tha t employment related costs, or other r elated responsibility falls to the City for any reason whatsoever, the Vendor agrees t o indemnify the City for such costs.
6. Insurance
The successful Bidder agrees to purchase and maintain in force, at its own expense (including the payment of all deductibl es) and for the duration of this Agreement, the following policies o f insurance, which policies shall be in a f orm and with an insurer acceptable to the City. A certificate of these policies originally signed by the insurer or an authoriz ed agent of the insurer must b e delivered to the City prior to the commencement of the Bidder’s services:
(a) Comprehensive General Liability, provided that the policy:
(i) is in the amount of not less than Two Million Dollars ($2,000,000.00), per
occurrence;
(ii) adds the City of Toronto as additional insured;
(iii) has provisions for cross-liability and severability of interest, broad form contractual liability, broad form property damage, employers liability/contingent employer's liability, products and completed operations, non-owned automobile liability and personal injury liability;
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(iv) provides for thirty (30) days' prior written notice of cancellation or material change.
(b) Standard Automobile Liability, provided that the policy is:
(i) in the amount of not less than Two Million Dollars ($2,000,000.00) for each
occurrence and includes Endorsement OPCF 27B (Liability for Damage to Non-Owned Automobiles in their Care, Custody or Control).
At the expiry date of the policy, the Bidder sha ll provide original signed Certificates evidencing renewals or replacements to the City prior to the expiration date of the original policies, without notice or request by the City.
7. No Assignment
The Vendor shall not assign any part of the Contract nor any interest therein without the prior written consent of the City , which consent shall not be unreasonably withheld. However, such written consent shall not under any circumstan ces relieve the Vendor of i ts liabilities and obligations under this RFQ and the Contract, including the terms of this RFQ.
8. Subcontractors
(1) The Vendor shall be solely responsible for the payment of every subcontractor employed, engaged, or retained by it for the purpose of assisting it in the performance of its obligations under the contract. The Vendor shall coordinate the provision of the Deliverables by its subcontractors in a manner acceptable to the City, and ensure that they comply with all the relevant requirements of the Contract.
(2) The Vendor shall be liable to the City for all costs or damages arising from acts, omissions, negligence or willful misconduct of its subcontractors.
9. Personnel and Performance (1) The Vendor must make available appropriately skilled workers, consultants or subcontractors, as
appropriate, and must be able to provide the necessary materials, tools, machinery and supplies to fulfill its obligations under the Contract.
(2) The Vendor shall be responsible for its own staff resources and for the staff resources of any subcontractors and third-party service providers.
(3) The Vendor will ensure that its personnel (including those of approved subcontractors), when using any City buildings, premises, equipment, hardware or software shall comply with all security policies, regulations or directives relating to those buildings, premises, equipment, hardware or software.
(4) Personnel assigned by the Vendor to provide the deliverables (including those of approved
subcontractors) may also, in the sole discretion of the City, be required to sign confidentiality and conflict of interest agreement(s) satisfactory to the City Solicitor.
10. Independent Contractor
The Vendor and the City agree and acknowledge that the relationship of the City and the Vendor is one of owner and in dependent contractor and not one of employer-employee. Neither is th ere any intention to create a partnership, joint venture or joint enterprise between the Vendor and the City.
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11. Warranties and Covenants
The Vendor represents, warrants and covenants to the City (and acknowledges that the City is rely ing thereon) that any deliverable resulting from or to be supplied or develop ed under the Contract will b e in accordance with the City’s functional and technical requirements (as set out in the RFQ) and, if applicable, will function or otherwise perform in accordance with such requirements.
12. Ownership of Intellectual Property and Deliverables
The City will own all intellectual property rights, including (without limitation) copy right, in and to all deliverables provided by the Vendor and its subcontractors. All information, data, plans, specifications, reports, estimates, su mmaries, photographs and all other documentation prepared by the Vendor in th e connection with the provision of th e Deliverables under the Contract, whether they be in draft or fin al format, shall be the property of the City.
13. Termination Provisions
(1) Upon giving the Vendor not less than 30 days’ prior written notice, the City may, at any time and without cause, cancel the Contract, in whole or in part. In the event of such cancellation, the City shall not incur any liability to the Vendor apart from the payment for the Deliverables that have been satisfactorily delivered or performed by the Vendor at the time of cancellation.
(2) Failure of the Vendor to perform its obligations under the Contract shall entitle the City to terminate the Contract upon ten (10) calendar days’ written notice to the Vendor if a breach which is remediable is not rectified in that time. In the event of such termination, the City shall not incur any liability to the Vendor apart from the payment for the Deliverables that have been satisfactorily delivered or performed by the Vendor at the time of termination. The City reserves the right to seek compensation in the event of such cancellation for the resulting cost(s) incurred to issue a new procurement process and for the price difference of obtaining a new contract, including remaining optional terms and, in addition, to pay the City any cost(s) which the City may incur by reason of the Vendor's default, within 30 Business Days of notice from the City. Failure to pay the City for the price difference of obtaining a new contract within the 30 Business Days, will result in the City deducting any monies owed to the Vendor by the City. As such, the Vendor shall be ineligible to submit a new quotation for any call that the City is required to reissue as a result of the Vendor's default.
(3) All rights and remedies of the City for any breach of the Vendor's obligations under the Contract shall be cumulative and not exclusive or mutually exclusive alternatives and may be exercised singularly, jointly or in combination and shall not be deemed to be in exclusion of any other rights or remedies available to the City under the Contract or otherwise at law.
(4) No delay or omission by the City in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy.
14. Liquidated Damages
If the vendor at any time fails to supply all goods or services to the City as specified within the Contract, or fails to replace goods or services rejected by the City, then the City shall be permitted to procure such goods or services elsewhere and charge any additional costs incurred by the City to the vendor as liquid ated damages, unless o therwise specified, and deduct such amounts fro m payments due to the vendor or to otherwise collect such costs from the vendor by any other method permitted by law.
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15. Right to Retain Monies
The City shall have the right to retain o ut of monies payable to th e vendor under the Contract the total amount outstanding for time to time of all claims arising out of the default of the vendor of its obligations to the City. This shall include claims pursuant to this or any other contract or cause of action between th e vendor and the City which have not been settled between the City and the vendor.
16. Occupational Health and Safety
(1) The Vendor shall comply with all federal, provincial or municipal occupational health and safety legislative requirements, including, and without limitation, the Occupational Health and Safety Act, R.S.O., 1990 c.0.1 and all regulations thereunder, as amended from time to time (collectively the "OHSA").
(2) Nothing in this section shall be construed as making the City the "employer" (as defined in the
OHSA) of any workers employed or engaged by the Vendor for the Work, either instead of or jointly with the Vendor.
(3) The Vendor agrees that it will ensure that all subcontractors engaged by it are qualified to perform the Work and that the employees of subcontractors are trained in the health and safety hazards expected to be encountered in the Work.
(4) The Vendor acknowledges and represents that:
a) The workers employed to carry out the Work have been provided with training in the hazards of the Work to be performed and possess the knowledge and skills to allow them to work safely;
b) The Vendor has provided, and will provide during the course of the agreement, all necessary personal protective equipment for the protection of workers;
c) The Vendor’s supervisory employees are competent, as defined in the OHSA, and will carry out their duties in a diligent and responsible manner with due consideration for the health and safety of workers;
d) The Vendor has in place an occupational health and safety policy in accordance with the OHSA; and e) The Vendor has a process in place to ensure that health and safety issues are identified and addressed
and a process in place for reporting work-related injuries and illnesses. (5) The Vendor shall provide, at the request of the General Manager or his designate, the following as
proof of the representations made in paragraph d(i) and d(iv):
a) documentation regarding the training programs provided or to be provided during the Work (i.e. types of training, frequency of training and re-training); and
b) the occupational health and safety policy. (6) The Vendor shall immediately advise the General Manager or his designate in the event of any of the
following:
a) A critical injury that arises out of Work that is the subject of this agreement;
b) An order(s) is issued to the Vendor by the Ministry of Labour arising out of the Work that is the subject of this agreement;
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c) A charge is laid or a conviction is entered arising out of the Work that is the subject of this
agreement, including but not limited to a charge or conviction under the OHSA, the Criminal Code, R.S.C 1985, c. C-46, as amended and the Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sched. A, as amended.
(7) The Vendor shall be responsible for any delay in the progress of the Work as a result of any violation
or alleged violation of any federal, provincial or municipal health and safety requirement by the Vendor, it being understood that no such delay shall be a force majeure or uncontrollable circumstance for the purposes of extending the time for performance of the Work or entitling the Vendor to additional compensation, and the Vendor shall take all necessary steps to avoid delay in the final completion of the Work without additional cost to the City.
(8) The parties acknowledge and agree that employees of the City, including senior officers, have no
authority to direct, and will not direct, how employees, workers or other persons employed or engaged by the Vendor do work or perform a task that is the subject of this agreement.
17. Workplace Safety and Insurance Board The Vendor shall secure, maintain and pay all costs for Workplace Safety and Insurance Board ("WSIB") workers’ compensation coverage for its employees providing Services under this contract, whether required statutorily or not under the Workplace Safety and Insurance Act, 1997. The Vendor represents and warrants that it shall be in good standing with the WSIB throughout the Term of this Contract. Prior to supplying the Services and prior to receiving payment, the Vendor shall produce a Clearance Certificate issued by the WSI B confirming that the Vendor has paid its assessment based on a true statement of the amount of its current payroll in respect of the Services and that the City is relieved of financial liability. Thereafter, throughout the period of Serv ices being supplied, a new Clearance Certificate will be obtained from the WSIB by the Vendor and provided to the City every 90 days or upon expiry of the Certificate's validity period whichever comes first. The Vendor shall ensure that any and all persons, including b ut not limited to volunteers, students, subcontractors and ind ependent contractors, providing services under this Contract have secured WSIB coverage, whether required statutorily or not, for the term of this Contract.
18. Accessibility Standards for Customer Service Training Requirements The Vendor shall require all applicable personnel (including those of its subcontractors) to fulfill the training requirements set out in th e City's policy on Accessib le Customer Service Requirements for Contractors, Consultants and other Service Providers.
19. City of Toronto – Invoice/Billing Requirements To assist in prompt payment, it is essential that all required billing information is provided on the invoice submitted to the City of Toronto. If billing information is missing from an invoice it will result in a payment delays.
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It is the Vendor's responsibility to submit correct invoices for payment of goods /services delivered to the City of Toronto Divisions as per section 3.7.9 of this RFQ. If an incorrect invoice is submitted, the Vendor will be requested to issue a credit note and submit a new invoice. If the invoice in question offered an early payment discount, the re-issue date of the new invoice will be used to calculate the early payment discount terms. Standard Invoices: 1) Original hardcopy vendor invoices must be addressed and sent DIRECTLY to: City of Toronto Accounting Services Division Corporate Accounts Payable 55 John Street 14th Floor, Metro Hall Toronto , ON M5V 3C6; or 2) Electronic Invoices To support an electronic payable environment, the City of Toronto Corporate Accounts Payable unit will accept electronic vendor invoices submitted via email to [email protected] . Electronic invoices submitted must be in a PDF format with either single or multiple invoice(s) per attachment. Note: Do not send statements or past due invoices to this email address, only current invoices will be accepted. Do not send hard copy invoices to Corporate Accounts Payable if you have submitted an electronic invoice. If you have any questions regarding this process, please contact AP Customer Service at 416-397-5235 and follow the prompts. 3) In order for the City of Toronto to approve estimates and process invoices without delay, please
provide the following information on ALL invoices/estimates:
i. Invoice date (invoice date must not be dated prior to the City Contract creation date) ii. Invoice number (Vendor's tracking number)
iii. Contract number (eight digit number – with the number format 47xxxxxx – issued by the City)
iv. Unit pickup and drop-off location (service from and to location) v. City official requester's name (City official requesting the service, first and last name)
vi. Date and time service call received from the City official vii. Vendor's/subcontractor's Tow Truck operator Name (Vendor's Tow Truck driver
who attended the service call) viii. Date and time the Vendor's/subcontractor's Tow Truck operator arrived on site
ix. License plate, vehicle registration certificate number of the Vendor's/subcontractor's Tow Truck used to provide the Services
x. City Unit Number (usually a six digit numeric number) xi. City Work Order Number (six digit numeric number)
xii. City PO Number (seven digit numeric number – begins with an 3/6/8/9) xiii. Odometer Reading of the Unit in Kilometers (prior to and after service)
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xiv. Breakdown of the services provided (as per the line items in the Contract issued by the City)
xv. Breakdown of service charges (as per the line items in the Contract issued by the City) xvi. Breakdown of distance charges including to and from address, and distance, in
kilometers validated in Google Maps (as per the line items in the Contract issued by the City)
xvii. Breakdown of subcontractor charges pre-approved by the City (as per the line items in the Contract issued by the City)
xviii. Totals at the bottom of your invoices for the following before applicable taxes: a. Total service charges b. Total distance charges c. Total subcontractor charges
A purchasing document number must be provided by City Staff at time of order for goods or services. 4) The invoices submitted for payment must be processed at the Vendor’s centralized billing location,
provided in typed format using prices in accordance with Appendices "C", "C1" and "C2" - Price Forms and as otherwise specified on each contract release order, and must reference the above information at all times in order for the City to make payment.
5) The City of Toronto Accounting and Finance department will reject requests for Contracts for payment
of invoices that are not detailed to the level above.
6) The City has the right to request all supportin g documentation such as tow slips and the Vendor m ust provide this documentation upon request.
7) Vendors are to provide backup d ocumentation directly to the ordering Division, n ot Corporate
Accounts Payable. 8) Vendors a re encouraged to provide packing slips and/or goods receipt confir mations directly to the
ordering Division for goods/services delivered. 9) City purchases with the use of a credit card/PCard, are NOT to be sent to Corporate Accounts Payable.
These invoices are considered paid. Contract Release Order for Contract Purchases A request for delivery in the form of a Contract Release Order (CRO) will be issued for each purchase against a Contract. All invoices submitted for payment of Contract goods/services must contain: I. Blanket Contract Number
II. Contract Release Order Number (CRO) Under no circumstances are Contract Release Orders to be filled for commodities or services that are not included on a Contract.
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The total value estimated on a Contract including all charges, excluding any applicable taxes, is not to be exceeded without authorization. A Contract shall not be valid once the specified period has elapsed unless an extension has been requested by the City. The City, in its sole discretion, has the right to terminate a Contract prior to the expiration of the term without cause or penalty, provided the Total Value Estimated as specified on the Contract Order has been reached. Discount Terms The City will consider offers of early payment discount terms. If correct billing information has been indicated on the invoice, it is the City’s policy to pay within vendor’s discount terms from the receipt date of the invoice in the Corporate Accounts Payable unit – Metro Hall, 55 John Street, 14th Floor. Early Payment terms should be clearly indicated on the invoice. Note: Discount terms for early payment cannot be earlier than 15 days from the receipt date of the invoice by the City of Toronto, Corporate Accounts Payable unit. Direct Deposit City of Toronto offers secure electronic deposit payments directly to your bank account through our “Direct Deposit” program. For more information and/or to enrol for this payment option, please email us at [email protected] contact the Direct Deposit program line at mailto: 416-392-9736 and follow the prompts. Effective January 1, 2014, all new Contracts for existing or new vendors must be enrolled in the Direct Deposit program.
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APPENDIX "B1" – SUPPLEMENTARY CONTRACT TERMS AND CONDITIONS
1. Vendor Obligations
(1) Vendors must promptly pay, throughout the Ter m of the Contract, all applicable federal, provincial and municipal taxes arising from the operation of their Towing Services.
(2) The Contract executed between the Cit y and the Vendors will be expressly subject to all laws, statutes and regulations, including municipal by-laws. The Vendors h ereby expressly acknowledge that Chapter 545 of the Municipal Code of the City of Toronto respecting licensing requirements as they relate to owners and drivers of tow trucks, may be amended from time to time. The Vendors further acknowledge that the said Code may be amended so as to set rates for the provision of Towing Services in the City of Toronto, in which case operato rs will abide by such rates, if legally required, notwithstanding the rates quoted by the operators pursuant to their Bid.
(3) Vendors must comply with the Motor Vehicle Dealers Act.
(4) Vendors must use invoice forms for City Contract tows containing the information as set o ut in section 3.7.9 of the RFQ and in Appendix "D", Form 5 – Sample City Invoice.
(5) Vendors are prohibited f rom direct o r indirect affiliation with an auto body repair shop, a company engaged in providing municipal law enforcement services to private property owners in the City of Toronto or operators of collision r eporting centres. The attached statu tory declarations require the operator to attest to the absence of such affiliation.
2. Records and Audit
(1) The City shall have the right to inspect and audit all of the Vendor's financial and other records
relating to the Services at all reasonable times as deemed necessary by the City, during the ter m of the Contract and for a period of two years following completion thereof. The Vendor shall at all times during this period keep and maintain records of the Services performed pursuant to the Contract, including proper records of i nvoices, vouchers, ti mesheets and other docum ents that support actions taken by the Vendor including any invoices from the vendor's subcontractors, at no cost to the City.
(2) Should an audit disclose any overbilling on the part of the Vendor and/or any Subcontractor, the Vendor shall be responsible to repa y to the City all m onies owed by the Vendor and the Subcontractor as a result of the over billing, or the City at its discretion may deduct the overbilling from monies owed to the Vendor. In add ition, the Vendor shall be charged the di rect costs of the City associated with the audit and overbilling cost recovery of the direct costs associated with the audit and overbilling cost recovery. Further the City shall have the right at its sole discretion to restrict the Vendor and/or its Vendor Obligations.
(3) Should the City conclude during its audit of th e GPS reports provided by the Vendor (section 3, subsection a) that the Vendor did not m eet the timelines specified in section 3.7.7.1 of the RFQ, the Vendor shall pay the City a 5% Disincentive Fee on each invoice for each service call where the City can demonstrate that the Vendor failed to meet response times. The Vendor shall appl y the Disincentive Fee to the next in voice within 30 day s. Failure to do so will result in the City
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deducting any credits fro m monies owed to the Vendor. In t he absence of such opti on, the Vendor shall credit the City within 30 days of notice.
3. Reporting
(1) Usage Reports
a) The Vendor shall demonstrate the ability to provide electronic usage reports in columnar text
format, in MS Excel 2007 or higher version, of invoice details by providing the following report criteria:
Dollar value and usage information by (but not limited to): (i) Contract Number (ii) Contract Release Order (CRO) Number (iii) City Maintenance Garage Address (iv) Invoice Number and Date (v) City Work Order Number (vi) City Unit Number (vii) Kilometers travelled per Unit (based on odometer readings) (viii) Name of City Approver (ix) Quantity (x) Detailed description of components by category and/or Contract line item number (xi) Cumulative Total by month or as requested by the City Division
b) The Vendor shall be required to submit to the requesting Division's Manager or Contract Manager, electronic copy “usage reports” on a monthly and yearly basis, or as requested, within 30 days after the end of each month based on the Appendices "C", "C1" and "C2" - Price Forms and the above report criteria, at no cost to the City of Toronto.
c) The Vendor shall also provide a cumulative report at the end of each Contract term based on the
aforementioned criteria no later than ten (10) calendar days after completion. The City may request a current usage report at any time during the Contract period to verify releases on the Contract. The Vendor must provide a current report within 15 calendar days of request to the Division’s Manager or Contract Manager.
(2) GPS Reports
a) Further to the requirement in section 3.7.5.3 of the RFQ, the Vendor shall provide to the City on the 10th of every month, a monthly GPS report determining the exact location of every service truck, velocity, and time 24 hours a day, 7 days a week for auditing purposes by the City. The Vendor shall provide an annual GPS report, if required by the City, within five (5) business days of request by the City.
4. Certifications
(1) The Vendor must provide copies of valid CVOR certificates for all trucks used to provide services for the City under this Contract by January 2, 2017. Failure to do so will result in the termination of the Contract by the City as per the termination provisions set out in Appendix "B" – General Contract Terms and Conditions, section 13. Please refer to Appendix "D", Form 8 –
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Commercial Vehicle Ownership Registration (CVOR) Regulation for more background on this requirement.
(2) The Vendor shall submit to the Contract Manager all licenses and or certificatio ns stated in this RFQ for review by the City four to six (4 to 6) months prior to the Contract Term expiration and prior to the application of any optional year. These shall include certificates and licences that may expire through the course of the Contract, and/or where there is an update to the certificates provided at the time of Bid submission, for example, a new staff member or a new truck.
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APPENDIX “C” - PRICE FORM
UNIT PRICES QUOTED SHALL INCLUDE THE NON-EXCLUSIVE PROVISION OF TOWING, FLOATING AND ROAD-SIDE ASSISTANCE SERVICES FOR LIGHT-DUTY VEHICLES AND EQUIPMENT OPERATED BY THE CITY OF TORONTO WITHIN THE GREATER TORONTO AREA (GTA) AND/OR OUTSIDE OF THE GTA IN ONTARIO, FROM DATE OF AWARD FOR A PERIOD OF TWO (2) YEARS, ON AN AS AND WHEN REQUIRED BASIS, EXCLUDING HARMONIZED SALES TAX (HST) IN THE EVENT OF MATHEMATICAL ERRORS FOUND IN THE PRICING PAGES, THE UNIT PRICES QUOTED SHALL PREVAIL. EXTENSIONS AND TOTALS WILL BE CORRECTED ACCORDINGLY AND ADJUSTMENTS RESULTING FROM THE CORRECTION WILL BE APPLIED TO THE T OTAL PRICE QUOTED. TABLE 1 – LIGHT-DUTY VEHICLES
Item Description
Estimated Annual
Quantity (A)
Unit Price from date of Award for a period of two
(2) years (B)
Extended Price from date of
Award for a period of two (2) years (C) = (A)x(B)x2
1 Towing services/unit 1125 $ $
2 Floating services/float 264 $ $
3 Jumpstart and boosting services/unit 235 $ $
4 Lockout, unlock, and vehicle entry services/unit 120 $ $
5 Use of dolly for Towing services where applicable/unit 40 $ $
6 Air for tire services/unit 113 $ $
7 Recovery, winching, and extrication services/unit 80 $ $
8 Storage services/day 30 $ $
9 Miscellaneous Labour Services/hour 20 $ $
TOTAL TABLE 1: LIGHT-DUTY VEHICLES (Copy to Table 4) $
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TABLE 2 – LIGHT-DUTY OFF-ROAD EQUIPMENT
Item Description
Estimated Annual
Quantity (A)
Unit Price from date of Award for a period of two
(2) years (B)
Extended Price from date of
Award for a period of two (2) years (C) = (A)x(B)x2
Light duty equipment up to 50 HP (e.g. Mad Vac. Bombardiers, grounds-keeping, misc. small equipment, Carryall golf carts and ATV)
1 Floating services/float 474 $ $
2 Recovery, winching, and extrication services/unit 30 $ $
3 Storage services/day 10 $ $
4 Miscellaneous Labour Services/hour 25 $ $
TOTAL TABLE 2: LIGHT-DUTY OFF-ROAD EQUIPMENT (Copy to Table 4) $
TABLE 3 – DISTANCE CHARGES (INSIDE AND OUTSIDE GTA)
Item Description
Estimated Annual
Quantity (A)
Unit Price from date of Award for a period of two
(2) years (B)
Extended Price from date of
Award for a period of two (2) years (C) = (A)x(B)x2
1 Distance charges/Km - Light-Duty Vehicles (Towing and Floating services) 2330 $ $
2 Distance charges/Km - Light-Duty Off-Road Equipment (Floating services)
2000 $ $
TOTAL TABLE 3: DISTANCE CHARGES (Copy to Table 4) $
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TABLE 4 – GRAND TOTAL AND DISCOUNT TERMS
Total Table 1: Light-Duty Vehicles $
Total Table 2: Light-Duty Off-Road Equipment $
Total Table 3: Distance Charges $
(A) Total Base Bid Price – Appendix "C" excl. HST (before discount) $
(B) Total Prompt Payment % Discount %
(C) State Discount Terms (e.g. Net 15 days)
(D) Discount applied to Total Base Bid Price
(AxB) $
(E) TOTAL BASE BID PRICE – Appendix "C" excl. taxes (after discount)
(A-D) (Transcribe on cover page)
$
OPTION YEARS PLEASE NOTE: Should the option year be exercised, pricing will be subject to an adjustment in accordance with the annual Consumer Price Index (CPI), (CPI Index-All Items-Toronto), for a 12 month period ending three (3) months prior to the start of each option year. (*Award calculations for Option Years will be based on a budgetary maximum amount of 3% CPI Annually) Potential Option Years: Option Year 1 Renewal: ** Please note: Option Year 1 percentage will be based on the prices of the original Term of the Contract Option Year 2 Renewal: ** Please note: Option Year 2 percentage will be based on Optional Year 1 Pricing Option Year 3 Renewal: ** Please note: Option Year 3 percentage will be based on Optional Year 2 Pricing
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APPENDIX “C1” - PRICE FORM
UNIT PRICES QUOTED SHALL INCLUDE THE NON-EXCLUSIVE PROVISION OF TOWING, FLOATING AND ROAD-SIDE ASSISTANCE SERVICES FOR MEDIUM-DUTY VEHICLES AND EQUIPMENT OPERATED BY THE CITY OF TORONTO WITHIN THE GREATER TORONTO AREA (GTA) AND/OR OUTSIDE OF THE GTA IN ONTARIO FROM DATE OF A WARD FOR A PERIOD OF TWO (2) YEARS, ON AN AS AND WHEN REQUIRED BASIS, EXCLUDING HARMONIZED SALES TAX (HST)
IN THE EVENT OF MATHEMATICAL ERRORS FOUND IN THE PRICING PAGES, THE UNIT PRICES QUOTED SHALL PREVAIL. EXTENSIONS AND TOTALS WILL BE CORRECTED ACCORDINGLY AND ADJUSTMENTS RESULTING FROM THE CORRECTION WILL BE APPLIED TO THE T OTAL PRICE QUOTED. TABLE 1 – MEDIUM-DUTY VEHICLES
Item Description
Estimated Annual
Quantity (A)
Unit Price from date of Award for a period of two
(2) years (B)
Extended Price from date of
Award for a period of two (2) years (C) = (A)x(B)x2
1 Towing services/unit 610 $ $
2 Floating services/float 120 $ $
3 Jumpstart and boosting services/unit 110 $ $
4 Lockout, unlock, and vehicle entry services/unit 70 $ $
5 Use of dolly for Towing services where applicable/unit 43 $ $
6 Pulling up axle services/unit 72 $ $
7 Chain up axle services where applicable /unit 12 $ $
8 Air for tire services/unit 15 $ $
9 Tanks for air ride services where applicable /unit 11 $ $
10 Caging brake services where applicable/unit 30 $ $
11 Recovery, winching, and extrication services/unit 85 $ $
12 Storage services/day 25 $ $
13 Miscellaneous Labour Services/hour 15 $ $
TOTAL TABLE 1: MEDIUM-DUTY VEHICLES (Copy to Table 4) $
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TABLE 2 – MEDIUM-DUTY OFF-ROAD EQUIPMENT
Item Description
Estimated Annual
Quantity (A)
Unit Price from date of Award for a period of two
(2) years (B)
Extended Price from date of
Award for a period of two (2) years (C) = (A)x(B)x2
Medium duty equipment from 50 HP to 100 HP (e.g. Backhoes, farm tractors and Zambonis)
1 Floating services/float 430 $ $
2 Recovery, winching, and extrication services/unit 40 $ $
3 Storage services/day 10 $ $
4 Miscellaneous Labour Services/hour 10 $ $
TOTAL TABLE 2: MEDIUM-DUTY OFF-ROAD EQUIPMENT (Copy to Table 4) $
TABLE 3 – DISTANCE CHARGES (INSIDE AND OUTSIDE GTA)
Item Description
Estimated Annual
Quantity (A)
Unit Price from date of Award for a period of two
(2) years (B)
Extended Price from date of
Award for a period of two (2) years (C) = (A)x(B)x2
1 Distance charges/Km - Medium-Duty Vehicles (Towing and Floating services) 1300 $ $
2 Distance charges/Km – Medium-Duty Off-Road Equipment (Floating services)
1700 $ $
TOTAL TABLE 3: DISTANCE CHARGES (Copy to Table 4) $
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TABLE 4 – GRAND TOTAL AND DISCOUNT TERMS
Total Table 1: Medium-Duty Vehicles $
Total Table 2: Medium-Duty Off-Road Equipment $
Total Table 3: Distance Charges $
(A) Total Base Bid Price – Appendix "C1" excl. HST (before discount) $
(B) Total Prompt Payment % Discount %
(C) State Discount Terms (e.g. Net 15 days)
(D) Discount applied to Total Base Bid Price
(AxB) $
(E) TOTAL BASE BID PRICE – Appendix "C1" excl. HST (after discount)
(A-D) (Transcribe on cover page)
$
OPTION YEARS PLEASE NOTE: Should the option year be exercised, pricing will be subject to an adjustment in accordance with the annual Consumer Price Index (CPI), (CPI Index-All Items-Toronto), for a 12 month period ending three (3) months prior to the start of each option year. (*Award calculations for Option Years will be based on a budgetary maximum amount of 3% CPI Annually) Potential Option Years: Option Year 1 Renewal: ** Please note: Option Year 1 percentage will be based on the prices of the original Term of the Contract Option Year 2 Renewal: ** Please note: Option Year 2 percentage will be based on Optional Year 1 Pricing Option Year 3 Renewal: ** Please note: Option Year 3 percentage will be based on Optional Year 2 Pricing
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APPENDIX “C2” - PRICE FORM
UNIT PRICES QUOTED SHALL INCLUDE THE NON-EXCLUSIVE PROVISION OF TOWING, FLOATING AND ROAD-SIDE ASSISTANCE SERVICES FOR HEAVY-DUTY VEHICLES AND EQUIPMENT OPERATED BY THE CITY OF TORONTO WITHIN THE GREATER TORONTO AREA (GTA) AND/OR OUTSIDE OF THE GTA IN ONTARIO, FROM DATE OF AWARD FOR A PERIOD OF TWO (2) YEARS, ON AN AS AND WHEN REQUIRED BASIS, EXCLUDING HARMONIZED SALES TAX (HST).
IN THE EVENT OF MATHEMATICAL ERRORS FOUND IN THE PRICING PAGES, THE UNIT PRICES QUOTED SHALL PREVAIL. EXTENSIONS AND TOTALS WILL BE CORRECTED ACCORDINGLY AND ADJUSTMENTS RESULTING FROM THE CORRECTION WILL BE APPLIED TO THE T OTAL PRICE QUOTED. TABLE 1 – HEAVY-DUTY VEHICLES
Item Description
Estimated Annual
Quantity (A)
Unit Price from date of Award for a period of two
(2) years (B)
Extended Price from date of
Award for a period of two (2) years (C) = (A)x(B)x2
1 Towing hookup services/unit 460 $ $
2 Float services/float 980 $ $
3 Jumpstart and boosting services/unit 70 $ $
4 Lockout, unlock, and vehicle entry services/unit 40 $ $
5 Use of dolly for Towing services where applicable/unit 35 $ $
6 Pulling up axle or drive shaft services where applicable/unit 90 $ $
7 Chain up axle services where applicable/unit 40 $ $
8 Air for tire services/unit 20 $ $
9 Tanks for air ride services/unit 40 $ $
10 Caging brake services where applicable/unit 120 $ $
11 Recovery, winching, and extrication services/unit 60 $ $
12 Storage services/day 25 $ $
14 Miscellaneous Labour Services/hour 15 $ $
15 Oversize Construction Trailer (65' x 12') (with police escort and permit) 5 $ $
TOTAL TABLE 1: HEAVY-DUTY VEHICLES (Copy to Table 4) $
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TABLE 2 – HEAVY-DUTY OFF-ROAD EQUIPMENT
Item Description
Estimated Annual
Quantity (A)
Unit Price from date of Award for a period of two
(2) years (B)
Extended Price from date of
Award for a period of two (2) years (C) = (A)x(B)x2
Heavy duty equipment over 100 HP (e.g. loaders)
1 Floating services/float 520 $ $
2 Recovery, winching, and extrication services/unit 30 $ $
3 Storage services/day 7 $ $
4 Miscellaneous Labour Services/hour 10 $ $
TOTAL TABLE 2: HEAVY-DUTY OFF-ROAD EQUIPMENT (Copy to Table 4) $
TABLE 3 – DISTANCE CHARGES (INSIDE AND OUTSIDE GTA)
Item Description
Estimated Annual
Quantity (A)
Unit Price from date of Award for a period of two
(2) years (B)
Extended Price from date of
Award for a period of two (2) years (C) = (A)x(B)x2
1 Distance charges/Km - Heavy-Duty Vehicles (Towing and Floating services) 3700 $ $
2 Distance charges/Km – Heavy-Duty Off-Road Equipment (Floating services)
1800 $ $
TOTAL TABLE 3: DISTANCE CHARGES (Copy to Table 4) $
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TABLE 4 – GRAND TOTAL AND DISCOUNT TERMS
Total Table 1: Heavy-Duty Vehicles $
Total Table 2: Heavy-Duty Off-Road Equipment $
Total Table 3: Distance Charges $
(A) Total Base Bid Price – Appendix "C2" excl. HST (before discount) $
(B) Total Prompt Payment % Discount %
(C) State Discount Terms (e.g. Net 15 days)
(D) Discount applied to Total Base Bid Price
(AxB) $
(E) TOTAL BASE BID PRICE – Appendix "C2" excl. HST (after discount)
(A-D) (Transcribe on cover page)
$
OPTION YEARS PLEASE NOTE: Should the option year be exercised, pricing will be subject to an adjustment in accordance with the annual Consumer Price Index (CPI), (CPI Index-All Items-Toronto), for a 12 month period ending three (3) months prior to the start of each option year. (*Award calculations for Option Years will be based on a budgetary maximum amount of 3% CPI Annually) Potential Option Years: Option Year 1 Renewal: ** Please note: Option Year 1 percentage will be based on the prices of the original Term of the Contract Option Year 2 Renewal: ** Please note: Option Year 2 percentage will be based on Optional Year 1 Pricing Option Year 3 Renewal: ** Please note: Option Year 3 percentage will be based on Optional Year 2 Pricing
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APPENDIX “D” – SUPPLEMENTARY FORMS Form 1 - Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy Form 2 - Statutory Declaration (Occupational Health & Safety) Form 3 - Bidder Facilities Information
Form 4 - List of Bidder Tow Trucks
Form 5 - Sample City Invoice Form 6 - Bidder References Form Form 7 - City Vehicle Weight Rating Classes Form 8 - Commercial Vehicle Operator's Registration (CVOR) Regulation Form 9 - Potential Subcontractors Form 10 - Bidder Affiliations Declaration Form Form 10A - Statutory Declaration Form (Affiliations and Relationships) Form 11 - Mandatory Bid Submission Requirements Form 12 - Vendor Performance Evaluation Form
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FORM 1
Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy
Organizations/individuals in Ontario, including the City of Toronto, have obligations under the Ontario Human Rights Code, the Occupational Health and Safety Act, the Employment Standards Act, the Accessibility for Ontarians with Disabilities Act, the Criminal Code of Canada and the Charter of Rights and Freedoms. In addition, the City of Toronto also has policies that prohibit discrimination on the additional grounds of political affiliation or level of literacy, subject to the requirements of the Charter. Organizations are required to have and post policies, programs, information, instruction, plans and/or other supports, and an appropriate internal process available to their employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints under the applicable legislation and including the additional grounds of discrimination prohibited under City policy. Individuals are obliged to refrain from harassment/hate activity. The City of Toronto requires all organizations and individuals that contract with the City to sign the following Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy. This Declaration must be signed by your organization and submitted with the contract or Letter of Understanding. The name of your organization and the fact that you have signed this declaration may be included in a public report to City Council. Declaration:
I/we uphold our obligations under the above provincial and federal legislation. In addition, I/we uphold our obligations under City policies which prohibit harassment/discrimination on a number of grounds including political affiliation and level of literacy. WHERE LEGALLY MANDATED I/we have in place the necessary policies, programs, information, instruction, plans and/or other supports that are consistent with our obligations, and I/we have an internal process available to my/our employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints. I/we agree that I/we shall, upon the request of the City, provide evidence of the policies, programs, information, instruction, plans and other supports and an appropriate internal complaint resolution process required under this Declaration which is sufficient to allow the City to determine compliance. I/We acknowledge that failure to demonstrate compliance with this declaration to the satisfaction of the operating Division, in consultation with the City Solicitor, may result in the termination of the contract. Name of Vendor or Name of Grant Applicant (Organization or Individual): Complete Address: Email _____________________________ Tel. No. ____________________________ Postal Code: Fax No. ____________________________ Name of Signing Officer or Name of Applicant (Name – please print): Position Signature: Date:
Authorised Signing Officer or Individual
Gro
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Nam
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For
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Multilingual Services: 311 and TTY 416-338-0889.Further information: www.toronto.ca/diversity.ca
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FORM 2 - STATUTORY DECLARATION (Occupational Health & Safety)
PROVINCE OF ONTARIO ) JUDICIAL DISTRICT OF YORK ) IN THE MATTER OF RFQ NO. __________ AND ANY ENSUING CONTRACT BETWEEN
_______________________________________________
(Company Name)
- AND -
City of Toronto I, ______________________________ of the City/Town/Village of ___________________________ in the Province
(Name) of _____________________________, do solemnly declare the following:
(Name of Province) 1. I am the ___________________________ of the ____________________________ and as such
(Insert Title) (Insert Company Name) have knowledge of the matters herein stated. 2. __________________________ is a sole proprietorship/partnership/corporation with its head office
(Company Name) located at________________________ and has carried on business as a_______________________________________
(contractor/state other type of business) since on or about_____________________.
(Insert Date) 3. _______________________________ since__________________ had in place a Health and Safety Policy
(Company Name) (Insert Date) under Section 25(2) (j) of the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1 as amended, (the “Act”) and has/have developed and maintain(s) on an annual basis a program to implement the written Occupational Health and Safety Policy. A copy of the policy and program for________________________ (Insert Company Name) will be delivered to the City of Toronto upon request by the City an d will be available for in spection at th e City of Toronto, solely for t he purposes of the above noted Contract. 4._______________________________ since__________________ had in place a Workplace Violence and a
(Company Name) (Insert Date) Workplace Harassment Policy under Section 32.0.1(1) of the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1 as amended, (the “Act”) and has/have developed and maintain(s) on an annual basis a program to implement the written
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Workplace Violence and Workplace Harassment Policy. A copy of the policy and program for________________________ (Insert Company Name) will be delivered to the City of Toronto upon request by the City and will be available for inspection at the City of Toronto, solely for the purposes of the above noted Contract. 5._______________________________ (Insert Company Name) will e mploy for the Work under this
Contract a supervisor or supervisors who are competent persons as defined by section 1(1) of the Act, and specifically a person or persons who: (a) are qualified because of knowledge, training and experience to organize the Work and its
performance;
(b) are familiar with the Act and the regulations made thereunder that apply to the Work; and
(c) have knowledge of any potential or actual danger to health and safety associated with the Work. 6.________________________________________ (Insert Company Name) will employ for the purpose of
this project the following competent supervisors: __________________________________________ (Insert name of supervisors)
No supervisors other than those named shall work on this Contract. 7. The supervisors employed by________________________________________ (Insert Company
Name) has successfully completed the necessary healt h and safety courses t o be considered a c ompetent person to undertake the Work described in the Contract.
AND I/We make this solemn Declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of “The Canada Evidence Act”. DECLARED BEFORE ME AT THE )
) OF )
) IN THE ) _____________________________________________
) Signing Officer for Company THIS DAY OF 20___. )
) A Commissioner etc. )
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FORM 3 - BIDDER FACILITIES INFORMATION
Table 1 – Dispatch Facilities
Address Telephone Number Total Number of Employees
Number of Towing and/or Float Trucks
Table 2 - Business Office
Business Office Complete Address:
Name of Operations Manager:
Tel: Website (if applicable):
Office Tel: Cell: Email:
Table 3 – Call Service Information
Tel: (_____) ________ - __________________ Web Call Services (if available): ________________________________________________________
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FORM 4 – LIST OF BIDDER TOW TRUCKS
Licence Plate
Number
Toronto Licence Number
Make Model Model Year
Type S/H Standard
Medium or Heavy
Equipment Type - No
Slings
Vehicle owned or
leased
(Photo copy additional pages as required)
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Prior to pickup: km
After Pickup: km
Job # Contract line item Qty Unit Price
AB1234 1 1 150.00$
AB1234 10 1 175.00$
Job # Contract line item Hours Rate
AB1234 13 1 30.00$
Job # Contract line item No. Hours Rate
AB1234 12 10.7 1.50$
Job # Contract line item Qty Unit Price
AB1234 1 1 150.00$
FORM 5 - SAMPLE CITY INVOICE
HST (13%)
Bill To:
Unit Pickup Location:
7 digit numeric (begins with 3/6/8/9)6 digit numeric6 digit numeric
Description
Description
Amount
Tow hook up charges ‐ Medium duty 150.00$
Comments
(attch copy of Tow Slips to invoice)
provided by pre‐approved sublet
ABC Company Ltd.
16.05$
150.00$
#REF!
#REF!
Total Distance Charges
Total Submet Charges
SUBLET CHARGES (AS PER CONTRACT LINE ITEMS)
Description Amount
City PO # Odometer Reading
Amount
16.05$
150.00$ Tow hook up charges ‐ Medium duty
30.00$
Company InformationInvoice Date Invoice Number:
01‐Jan‐17
Vehicle Information and Millage
Unit Drop‐off Location:
Distance charges ‐ from 150 Dundas St. West.
GRAND TOTAL
Cleaning collision site debris
to 1116 King St. West
Description
LABOURS (AS PER CONMTRACT LINE ITEMS)
521.05$
30.00$
Total Flat Rated Services
Total Cost of Labour
City Unit #
DISTANCE CHARGES (AS PER CONTRACT LINE ITEM)
Recovery, winching and extrication
services ‐ Medium duty
175.00$
Date/Time at State:
Vendor Technician's Name:City Official Requester:
Date/Time of Request:
City Work Order #
FLAT RATED SERVICES (AS PER CONTRACT LINE ITEMS)
Amount
Tow‐Slip No. 47xxxxxx
City of Toronto
Accounts Payable Division
55 John Street, 14 Floor, Metro Hall
Toronto, ON M5V 3C6
Blanket Contract No.:
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FORM 6 - BIDDER REFERENCES FORM
1. Company Name: ______________________________
Contact Name/Title: ______________________________
Telephone Number: ____ __________________________
Email: ____ __________________________
Provided Towing, Floating and Road-Side Assistance services for an equivalent or greater volume of vehicles/distances:
Yes No Consistently met Response Times of the Contract:
Yes No
2. Company Name: ______________________________
Contact Name/Title: ______________________________
Telephone Number: ____ __________________________
Email: ____ __________________________
Provided Towing, Floating and R oad-Side Assistance services for an equivalent or greater volum e of vehicles/distances:
Yes No Consistently met Response Times of the Contract:
Yes No
3. Company Name: ______________________________
Contact Name/Title: ______________________________
Telephone Number: ____ __________________________
Email: ____ __________________________
Provided Towing, Floating and Road-Side Assistance services for an equivalent or greater volu me of vehicles/distances:
Yes No Consistently met Response Times of the Contract:
Yes No
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FORM 7 – CITY VEHICLE WEIGHT RATING CLASSES
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FORM 8 - COMMERCIAL VEHICLE OPERATOR'S REGISTRATION (CVOR) REGULATION
The provincial government is adding regulations under the Highway Traffic Act that will include tow trucks in the defin ition of co mmercial motor vehicles under the Comm ercial Vehicle Operator's Registration (CVOR) system. Vehicles commonly known as tow trucks and other vehicles used for Towing, such as the flatbed trucks known as "tilt and loads", will require a CVOR certificate. This new regulation will come into effect on January 1, 2017. This will allow time for tow truck operators to prepare for and apply for a CVOR certificate before the requirement comes into force. The CVOR system is used to track the safety of truck and bus operators in Ontario. Its effective monitoring and intervention system for operators helps im prove road safety. The Ministry of Transportation m onitors each operator enrolled in CVOR, a nd assigns a Carrier Safety Rating, available to the public, based on collisions, inspections, convictions and the resu lts of facility audits. A single CVOR certificate covers an operator's entire fleet. Under CVOR, tow operators will be responsible for all the drivers and vehicles in their operation. These responsibilities include:
Monitoring the conduct and safety performance of drivers Resolving driver safety issues when they are identified Keeping vehicles in good, safe condition at all times Ensuring load security
Tow trucks will continue to be exempt from some requirements faced by other cla sses of vehicle under the CVOR system, such as hours of service lim its, daily inspection, detailed recordkeeping requirem ents and entering truck inspection stations, until the go vernment has conclud ed consultations with th e Towing industry and other stakeholders on an effective regulatory regime for tow trucks.
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FORM 9 – POTENTIAL SUBCONTRACTORS
Potential subcontractors to declare? Yes No
Company Name & Address Telephone Number Total Number
of Employees Subcontracted Service(s) Total Number of Tow Trucks (if any)
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FORM 10 – BIDDER AFFILIATIONS DECLARATION FORM
Affiliation Contact Name & Business Address Telephone Number Relationship to
Bidder Service(s) performed for the Bidder (if any)
Signature of Authorized Signing Officer Date
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FORM 10A – STATUATORY DECLARATION FORM (AFFILIATIONS AND RELATIONSHIPS)
CANADA ) IN THE MATTER OF a Bid for the ) provision of towing, floating and ) roadside assistance services under
) Contract with the City of Toronto, ) dated
) , 2016, made by PROVINCE OF ONTARIO ) ) ) CITY OF TORONTO ) (hereinafter called the “Vendor”) ) I, of the of in the , do solemnly declare as follows: 1. That I am (state position), being a Senior Officer or Principal of the
Vendor, and as such, having review ed all relevant co rporate and financial m aterial of the Vendor, and having consulted with each Senior Officer of the, each Principal of the Vendor, and each person having control of the Vendor, have knowledge of the matters hereinafter declared to.
2. The Vendor has submitted a response to B id Document No. of the City of Toronto (the
"Quotation Request"). 3. In making this declaration, I am incorporating the definitions for "Senior Officer", "contro l", "Vendor",
"Principal", "related", “person” and "pecuniary interest", which are set out in the Quotation Request. 4. The other Senior Officers or Principals of the Vendor are: 5. To the best of m y knowledge and belie f no person who directly or indirectly controls or has a direct or
indirect pecuniary interest in the Vendor directly or indirectly controls or has a direct or indirect pecuniary interest in another Vendor.
6. Without limiting the general ity of paragraph 5 of th is Declaration, to the bes t of m y knowledge and
belief: (i) no Senior Officer of the Vendor controls any other Vendor; (ii) no Senior Officer of the Vendor directly or indirectly has a pecuniary interest in any other Vendor; (iii) no Senior Officer of the Vendor directly or indirectly controls any other Vendor by any m eans
whatsoever; (iv) no individual or partne r in a partnership, or Seni or Officer in any Corporat ion, controls the Vendor,
other than as disclosed herein; and
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(v) no individual or partner in a partnership, or Senior Officer in any Corporation, has a direct or indirect pecuniary interest in the Vendor, other than as disclosed herein.
7. To the best of m y knowledge and be lief, no individual who directly or i ndirectly controls or has a direct
or indirect pecuniary interest in the Vendor is related to any individual who directly or indirectly controls or has a direct or indirect pecuniary interest in another Vendor.
OR (cross out and initial paragraph that is inapplicable) 8. The following individuals who directly or indirectly control or have a direct or indirect pecuniary interest
in another Vendor or are related to an individual who directly or indir ectly controls or has a direct or indirect pecuniary interest in the Vendor:
have each sworn a statutory declaration in the form set out in the Bid Document.
9. To the best of my knowledge and belief, no Senior Officer of the Vendor, and no corporation affiliated with the Vendor or its Senior Officer s have any direct or i ndirect interest in or control over any entity which operates or controls an auto body repair busin ess and no such person will have any direct or indirect interest in or control over any such entity during the term of any agreement between the Vendor and the City of Toronto to provide Towing, Floating and roadside assistance services to the City.
10. To the best of m y/our knowledge and belief our Bid subm ission is m ade without any connection,
comparison of figures or arrangem ent with or knowledge of any ot her corporation, firm or person submitting a Bid for the same Work and is in all respects fair and w ithout collusion or fraud. The Bidder acknowledges that the Owner, at its sole discretion, shall have the righ t to disqualify the Bidder and/or reject any Bid where it is of the opi nion that the Bi dder has taken part in collusive, fraudulent or “Bid-Rigging” (as the term is defined in the Canadian Competition Act, R.S. 1995).
11. To the best of my/our knowledge and belief no officer, director, agent, appointee, TPS/City employee or member of a TPS/City agency, board or commission or employee thereof is, will be, or has become interested, directly or indirectly, as a Contracting party, partner, stockholder, surety or otherwise in, or in the performance of this agreement, or in th e supplies, Work, or business to which it re lates, or in any portion of the profits thereof, or in any of the money to be derived there from.
And I make this solemn Declaration conscientiously believing it to be true and knowing that it is of
the same force and effect as if made under oath. DECLARED before me at the ) ) of ) ) in the ) ) this day of ) ) ______________________________ A.D. 2016. ) ______________________________ A Commissioner, etc.
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FORM 11 - MANDATORY BID SUBMISSION REQUIREMENTS Failure to submit the items indicated as mandatory ("must", "shall", "will") within this RFQ, along with the Bid submission will result in the Bid submission being declared Non-Compliant and not considered for Award
ITEM NO.
RFQ SECTION
SUBMISSION REQUIREMENT
1 3.7.3 (1) Copy of a valid Tow Truck Owner's License issued by the City of Toronto as per Toronto Municipal Code Chapter 545, Licensing, Articles I and VI
2 3.7.3 (2) Copies of valid municipal licenses for all of Towing and Floating vehicles that will be utilized in providing Towing and Floating Services to the City of Toronto
3 3.7.3 (3) Proof that all drivers operating the Tow Trucks that will provide Towing, Floating and road-side assistance Services to the City possess, and maintain in good standing, the appropriate provincial driver’s license for the Tow Truck they are to operate
4 3.7.3 (4) Proof that the Bidder operates a business that provides the Services described in this RFQ for a minimum of three (3) years preceding the closing date. Bidders must provide proof of this requirement through valid copies of a business license and any other records
4 3.7.5 (2)
As proof of lease/ownership of tow trucks, Bidders should a ttach along with their Quotation copies of the following for each truck to be used to service the Contract as stated on the form in Appendix "D", Form 4 - List of Bidder Tow Trucks:
a) Provincial registration certificates showing validation licenses fro m the Municipal
Standards and Licensing Division of the City of Toronto; b) Vehicle ownerships; c) Lease agreements; and d) Lien searches
5 3.7.10 Copy of a valid and current copy of the Bidder's WSIB Clearance Certificate clearly displaying the clearance certificate number
6 3.7.11 (3) Declare all of the potential subcontractors that the Bidder will engage to provide services on behalf of the Bidder under this Contract in the form provided in Appendix "D", Form 9 – Potential Subcontractors
7 3.7.11 (4)
Declare any ownership interest or holdings in, or affiliations, relationships, and personal or business connections with subcontractors, suppliers or parts dealers, including those of any Relatives in the form provided in Appendix "D", Form 10 – Bidder Affiliations Declaration Form
8 3.7.11 (5) Submit the statutory declaration form provided in Appendix "D", Form 10A – Statutory Declaration Form (Affiliations and Relationships), completed and signed
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Fleet Services
Contract Number Vendor Name
Description of Work
Definitions of Performance Ratings:Unacceptable - Absolutely does not meet contractual/service requirements
Not Satisfactory - Does not meet contractual/service requirements for most part
Satisfactory - Meets contractual/service requirements for most part
Excellent - Meets all contractual/services requirements in the most efficient and effective way
0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
ADMINISTRATION - Contractor Performance and Diligence 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
SAFETY AND COMPLIANCE - Laws and Standards 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
100
UNACCEPTABLE (-25)
NOT SATISFACTORY (26-50)
Contract Manager, Fleet Services Name Title
Project/Operations Manager, <Vendor Name>
Name Title
Vukadin Lalovic, Fleet Manager Date
FORM 12 - VENDOR PERFORMANCE EVALUATION FORM
Signature Date
1. Was the Vendor responsible when handling City equipment and did the Vendor perform all services required to correct any units damaged by them? (Section 3.8.4)
QUALITY AND EXECUTION - Compliance with contract standards and specifications SUB-SCORE: WEIGHT: 40
Vendor Main Contact Contract Manager
Response:
Una
ccep
tabl
e(1
.0)
Not
Sat
isfa
ctor
y (2
.5)
Signature Date
TOTAL SCORE
SATISFACTORY (50-75)
EXCELLENT (75-100)
0.00
WEIGHT: 15
2. Is the Vendor compliant with OHSA requirements? (Statutory Declaration), (Section 17.0)
3. Is the Vendor compliance with environmental, safety requirements (non-OHSA), and other laws? (Section 17.0)
Contract Value
Exc
elle
nt
(5.0
)
3. Was the Vendor available to provide the services 24/7 as per the Contract terms? (Section 3.7.6)
4. Did the Vendor provide the services within the Response Time as stated in the contract? (1 hour turnaround time for emergencies and 3 hours turnaround for non-emergency services (Section 3.7.7)
2. Did the Vendor provide to the City by the 10th of each month the Global Positioning System (GPS) reporting for audit by the City? (Appendix "B1", section 3, subsection 2a)
Sat
isfa
ctor
y (4
.0)
WEIGHT: 45
5. Did the Vendor comply with the Bid pricing requirements? (Section 3.7.8)
7. Did the Vendor attend all mandatory performance meetings when requested by the City? (Section 3.10)
7. Did the Vendor provide the services in accordance to the Specification? (Section 9.0)
6. Is the Vendor compliant with the WSIB? (Section 3.7.10)
1. Did vendor take comply with all specifications and Tow Truck safety requirements? (Section 9.0)
TOTAL POINTS - SAFETY AND COMPLIANCE
8. Did the Vendor take measures to improve their performance to a satisfactory level when requested by the City? (Section 3.10.5)
SUB-SCORE:
9. Did the Vendor complete any performance measures agreed upon and did the Vendor confirm completion with the City within 24 hours? (Section 3.10.5b)
TOTOAL POINTS - ADMINISTRATION
2. Did the Vendor comply with the response time requirements? (Section 3.7.7)
6. Did the Vendor provide appropriate skilled workers? (Section 3.9.1)
3. Did Vendor submit accurate and complete invoices and did the vendor provided all supporting documentation where applicable or requested? (Section 3.7.9)
8. Did the Vendor comply with the subcontractor terms and showed responsibility for the subcontractors actions? (Section 3.7.11)
TOTAL POINTS - QUALITY AND EXECUTION
4. Did the Vendor renew WSIB clearance certificates in a timely manner prior to expiry? (Section 3.7.10.2)
SUB-SCORE:
1. Did the Vendor submit to the Contract Manager all licenses and or certifications stated in the RFQ four to six (4-6) months prior to the application of any optional year for review by the City? (Appendix "B1", section 4, subsection 2)
5. Did the Vendor submit to the Contract Manager electronic copies of usage reports on a monthly and yearly basis or as requested within 30 days after the end of each month? (Appendix "B1", section 3, subsection 1b)
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APPENDIX E - CITY POLICY COMPLIANCE FORMS (Also See City Policies Listed in Appendix "E1")
POLICY TO EXCLUDE BIDS FROM EXTERNAL PARTIES INVOLVED IN THE PREPARATION OR DEVELOPMENT OF A SPECIFIC CALL/REQUEST To ensure Fair and Equal Treatment in its competitive procurements, the City of Toronto will undertake to:
- disallow Bidders/proponents from submitting a Bid to any Tender, Quotation, or Proposal call in which the Bidder/proponent has participated in the preparation of the call document; and
- a Bidder/proponent who fails to comply will result in disqualification of their response to the call/request. Did you, the Bidder, assist the City of Toronto in the preparation of this Request for Quotation call? Specify: Yes _____ No _____
PURCHASE OF PRODUCTS MANUFACTURED IN FACTORIES WHERE CHILDREN ARE USED AS SLAVE LABOUR OR OTHER EXPLOITIVE CIRCUMSTANCES WHICH IMPEDES CHILD DEVELOPMENT (if applicable) Purpose: To advise suppliers that the City of Toronto does not wish to encourage the use of products manufactured in factories where children are used as slave labour or other exploitive circumstances which impedes child development. Policy: Bidders must state where the products offered have been made. City Council does not wish to see products used that have been made in factories in countries where children are used as slave lab our or other exploitive circu mstances, which impedes child developm ent. Th erefore, preference will be given to Bidders that obtain products from any country other than the aforementioned, but this criteria will not be used to disqualify any Bidder. Bidders must state where the products offered have been made: _______________________ (Specify) Bidders to state if products offered have been made in factories in countries where children are used as slave labour or other exploitive circumstances which impedes child development: ____________________ (Specify)
This policy will be considered in the evaluation of all Bids received.
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ENVIRONMENTALLY RESPONSIBLE PROCUREMENT STATEMENT (if applicable) For a copy of the City of Toronto Environmentally Responsible Procurement Policy, please download a copy of the Policy at http://www.toronto.ca/calldocuments/pdf/environment_procurement.pdf State if environmentally preferred products/service is being offered: YES______ NO______ State briefly the environmental benefit of the product/service offered: ____________________________________________________________________________________ ______________________________________________________________________________
RESTRICTIONS ON THE HIRING AND USE OF FORMER City OF TORONTO MANAGEMENT EMPLOYEES FOR City CONTRACTS (if applicable) Respondents are to state the name(s) of any former City of Toronto management employee(s) hired/used by your firm, if any, who have left the employ of the City or its special purpose bodies within the last two years. Specify: ________________________________________________________________________________ This policy will be considered in the evaluation of all submissions received by the City of Toronto.
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APPENDIX “E1” – APPLICABLE CITY POLICIES
For a copy of the City of Toronto Procurement Policies, please download a copy of the Policy by clicking any of the links as provided below or by visiting the following website (www.toronto.ca/purchasing/policies):
(1) FAIR WAGE POLICY*
*Fair Wage Policy – (extracted from Schedule A of the City of Toronto Municipal Code, Chapter 67) FW R (10/07)
The policy and schedules are available on the Fair Wage Office website – www.toronto.ca/fairwage LABOUR TRADES CONTRACTUAL OBLIGATIONS IN THE CONSTRUCTION INDUSTRY* Labour Trades Contractual Obligations – (extracted from Schedule B of the City of Toronto Municipal Code, Chapter 67)
(2) ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE TRAINING REQUIREMENTS
POLICY
(3) POLICY TO EXCLUDE BIDBIDS FROM EXTERNAL PARTIES INVOLVED IN THE PREPARATION OR DEVELOPMENT OF A SPECIFIC CALL/REQUEST
(4) CONFLICT OF INTEREST POLICY
(5) PURCHASE OF PRODUCTS MANUFACTURED IN FACTORIES WHERECHILDREN ARE
USED AS SLAVE LABOUR OR OTHER EXPLOITIVE CIRCUMSTANCES WHICH IMPEDES CHILD DEVELOPMENT
(6) ENVIRONMENTALLY RESPONSIBLE PROCUREMENT STATEMENT
(7) POLICY ON DONATIONS TO THE CITYCITYCity FOR COMMUNITY BENEFITS
(8) RESTRICTIONS ON THE HIRING AND USE OF FORMER City OF TORONTO
MANAGEMENT EMPLOYEES FOR City CONTRACTS
(9) RIGHT TO REJECT DEBTORS AND SET OFF POLICY
(10) CITYOF TORONTO CITY-WIDE CORPORATE SECURITY POLICY
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APPENDIX “E2” – FAIR WAGE SCHEDULE
Please review a copy of the Fair Wage Schedule applicable to this Call. The Fair Wage Schedules can be found at the following website:
http://www.toronto.ca/fairwage
In the event that other Fair Wage Schedules may overlap the work covered by this Contract or if you have any questions with respect to the Fair Wage Policy or the Fair Wage Schedules please contact the Fair Wage Office by:
Tel: (416) 392-7300 Fax:(416) 392-0801 E-Mail: [email protected]
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NOTICE OF "NO BID" RFQ#: 6132-16-3011
CLOSING DEADLINE: September 26, 2016
IMPORTANT - PLEASE READ THIS It is important to the City to receive a reply from all Bidders. There is no obligation to submit a Bid; however, should you choose not to bid, completion of this form will assist the City in determining the type of goods or services you are interested in bidding on in the future in order to ascertain a better understanding of why a Quotation was not provided to the City to consider. INSTRUCTIONS: If you are unable, or do not wish to quote on this RFQ, please complete the following portions of this form. State your reason for not bidding by checking applicable box(es) or by explaining briefly in the space provided. It is not necessary to return any other quotation documents. Return the completed form by email or fax to the Official Point of Contact prior to the Closing Deadline. Company Name:
Address:
Signature of Company Representative:
Position:
Date: Telephone :
1. We do not manufacture/supply this commodity 6. We do not manufacture/supply to this specification
2. Unable to quote competitively 7. Cannot handle due to present plant loading
3. Quantity/job too large 8. Quantity/job too small
4. Cannot meet delivery/completion requirements 9. Licensing restrictions 5. Agreements with distributors/dealers do not
permit us to sell direct 10. Conditions too restrictive
Yes No Do you wish to quote on these goods/services in the future?
Please take the opportunity to tell us how we can improve upon this call:
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