old corrugated cardboard (occ) please note: a bid security
TRANSCRIPT
Number: 9208-17-0107
Refer to: Ted Justin Tel: 416 338-5578
Toronto City Hall Req No.: Email Issued: 1/17/2017
REQUEST FOR OFFERS TO PURCHASE For: Solid Waste Management Services
CLOSING DATE
2/2/2017
DESCRIPTION
Offers are invited for the Purchase and Removal of Old Corrugated Cardboard (OCC) that is collected as a dedicated
product through the City of Toronto's Collection Program, commencing from the date of award for a period of 3 months, 6
months or 12 months, at the sole discretion of the City.
PLEASE NOTE: A Bid security is mandatory with your Bid (refer to Section 12.2)
Public Opening - You are invited to attend a public opening of this “Request for Offers to Purchase” at the time and
location indicated above. Unless otherwise indicated the prices will be read aloud at this time and will not be made
available by telephone until AFTER the award has been made. This generally takes two to three weeks. Contact the
above named buyer at that time to obtain the name of Successful Bidder and the price quoted.
Fax Quotes - Purchasing and Materials Management Division will NOT accept this quotation via fax (facsimile
machine) transmission.
All Tender Calls, Requests for Quotations/Proposals and Offers to Purchase are listed on the City of Toronto
website: www.toronto.ca
1 of 50
Viewing Copy
The label on the following page is replacing the
envelope previously provided. Please firmly
affix this address label to the envelope
containing your submission.
Note:
Should you decide to use your own return
envelope in lieu of the label provided above, the
front of your envelope must indicate ALL of
the information shown on the above label.
Purchasing and Materials Management cannot
be held responsible for documents submitted in
envelopes that are not labeled in accordance
with the above instructions.
If you have any questions feel free to contact
the buyer referred to on the Request for Offers
to Purchase form.
2 of 50
Viewing Copy
Return Label
------------------------------------------------------cut here----------------------------------------------------
Firm Name
Request for Offers to Purchase No. 9208-17-0107
Closing Date: 12:00 O’Clock Noon, 2/2/2017
Chief Purchasing Official
Purchasing and Materials Management Division
18th Floor, West Tower, City Hall
100 Queen Street West
Toronto Ontario M5H 2N2
Canada
------------------------------------------------------cut here-----------------------------------------------------
3 of 50
Viewing Copy
Toronto City Hall
REQUEST FOR OFFERS TO PURCHASE
NUMBER: 9208-17-0107 ISSUED: 1/17/2017 CLOSING 12 NOON ON
REFER TO: Ted Justin, 416 338-5578 REQ. # Email 2/2/2017
FOR: Solid Waste Management Services
1.0 Invitation
The City of Toronto is accepting offers for the recycling of Old Corrugated Cardboard (OCC) that is collected as
dedicated product, commencing from date of award for a period of 3 months (Base Bid), 6 months (Option 1) or 12
months (Option 2), at the sole discretion of the City.
The City of Toronto currently collects a portion of OCC as a dedicated product through the City's collection program.
This material does not include the OCC collected with the single stream recycling through the City's Blue Bin Program.
Please note that a Bid security is mandatory with your Bid (refer to Section 12.2).
PRICE SUMMARY
City Delivery
(Within 161 km)
Price per Tonne
(5 decimal places)
F.O.B. 188 Bermondsey Road
and 50 Ingram Drive
(Greater than 161 km)
Price per Tonne
(5 decimal places)
Base Bid – 3 Month Term -
Mandatory
Total (premium less processing fee)
(Copied from Schedule 1 – Price Form)
(3)
$ . / MT
(3)
$ . / MT
Option 1 – 6 Month Term (optional)
Total (premium less processing fee)
(Copied from Schedule 1 – Price Form )
(3)
$ . / MT
(3)
$ . / MT
Option 2 – 12 Month Term (optional)
Total (premium less processing fee)
(Copied from Schedule 1 – Price Form)
(3)
$ . / MT
(3)
$ . / MT
2.0 Procurement Contact
2.1 Should Bidders have questions regarding any aspect of this Offer to Purchase, they should direct their inquiries
by e-mail, to the attention of:
Ted Justin, Senior Corporate Buyer,
Purchasing & Materials Management Division
Tel: 416- 338-5578
E-mail: [email protected]
4 of 50
Viewing Copy
Toronto City Hall
REQUEST FOR OFFERS TO PURCHASE
NUMBER: 9208-17-0107 ISSUED: 1/17/2017 CLOSING 12 NOON ON
REFER TO: Ted Justin, 416 338-5578 REQ. # Email 2/2/2017
FOR: Solid Waste Management Services
2.2 Bidders are encouraged to submit written questions and specification concerns to the Procurement Contact no
later than five (5) Business Days prior to the Closing Deadline.
Addenda may be issued as a result of questions and comments received prior to the Deadline for written
questions at the sole discretion of the City. Questions received after the Deadline for written questions may not
be addressed.
2.3 If the City does not amend the OTP by way of addendum, then the requirements of the OTP remain unchanged.
3.0 Appendix A and Appendix B
Any reference to Request for Quotations (RFQ) in Appendix A and Appendix B is replaced with Offer to
Purchase (OTP).
4.0 Definitions
In this Offer to Purchase, unless inconsistent with the subject matter or context:
"Bermondsey Transfer Station" means the City's transfer Station located at 188 Bermondsey Road, Toronto,
Ontario;
“Bid” or "Bids" means an offer submitted by a Bidder in response to the OTP, which includes all of the
documentation necessary to satisfy the submission requirements of the OTP;
“Bidder” or "Bidder's" means any legal entity submitting a competitive Bid in response to an OTP;
“Business Day” means any working day, Monday to Friday, inclusive, excluding statutory and other holidays,
namely: New Year’s Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic
Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other day
with the City has elected to be closed for business;
"Buyer" means the City Procurement staff member identified in Section 2.0 of this OTP.
“City” means the City of Toronto;
“Closing Deadline” or “Deadline” means the date, indicated on the OTP or any addenda issued by the City, as
applicable, when Bidders must submit their Bid;
“Contract” means the sales order issued to the Vendor together with the OTP, any schedules thereto and
addenda thereto and the Vendor's Bid. Without limiting the foregoing, such sales order shall incorporate or be
deemed to incorporate all of the provisions of the OTP and the City’s Procurement Policies. The Contract forms
the entire agreement between the Vendor and the City. In the event of conflict or inconsistency between the
provisions set out in the OTP and the sales order or a conflict or inconsistency between the provisions set out in
the OTP and the Bid, the OTP shall prevail in both circumstances;
“Council” means City Council;
5 of 50
Viewing Copy
Toronto City Hall
REQUEST FOR OFFERS TO PURCHASE
NUMBER: 9208-17-0107 ISSUED: 1/17/2017 CLOSING 12 NOON ON
REFER TO: Ted Justin, 416 338-5578 REQ. # Email 2/2/2017
FOR: Solid Waste Management Services
"End Use" or "End Product" means the finished product derived from the OCC.
“End Market” means corporations, organizations or partnerships willing to purchase the OCC for recycling,
but does not include a landfill, transfer station or any other disposal facility;
"HST" means Harmonized Sales Tax;
“including” means “including without limitation” and ”includes” means “includes without limitation”; the use
of the word “including” or “includes” is not intended to limit any statement that immediately precedes it to the
items immediately following it.
“Ingram Transfer Station” means the City's transfer Station located at 50 Ingram Drive, Toronto, Ontario;
“may” and “should” used in this OTP denote permissive (not mandatory);
“must”, “shall” and “will” used in this OTP denote imperative (mandatory); meaning Bids not satisfying
imperative (mandatory) requirements will be deemed to be non-compliant and will not be considered for
Contract award;
“Non-Compliant” means that the OTP has failed one (1) or more mandatory requirement (s) and will not be
considered for Award;
“OCC” means Old Corrugated Cardboard that has been collected as a dedicated product through the City's
collection program;
“OTP” means this Offer to Purchase package in its entirety, inclusive of all appendices, if any, and any bulletins
or Addenda that may be issued by the City;
“Preferred Bidder” means the highest Bidder meeting the requirements of this OTP, as determined by City staff
through the evaluation analysis described in the OTP, which may be awarded a Contract given that the highest
Bidder provides the performance security as stated in Section 16.0;
"Premium" means the quoted price per metric tonne, stated in Canadian currency, to be paid to the City in
addition to the high-point monthly rate posted by the Official Board Market (OBM) Yellow Sheet for Buffalo.
The Premium is a fixed price for the duration of the Contract term. The price of the Premium quoted may be
either positive, zero, or negative value;
"Processing Fee" means the quoted price per metric tonne, stated in Canadian currency, that includes
all applicable charges for the removal/receiving and processing of the OCC including but not limited
to processing costs, residue disposal costs at an Ontario landfill approved by Ontario Ministry of
Environment, fuel surcharges, transportation, mileage, equipment, labour, tools and any other supplies
required;
“Procurement Contact” means the City procurement staff member identified in sub-section 2.1 of this OTP;
6 of 50
Viewing Copy
Toronto City Hall
REQUEST FOR OFFERS TO PURCHASE
NUMBER: 9208-17-0107 ISSUED: 1/17/2017 CLOSING 12 NOON ON
REFER TO: Ted Justin, 416 338-5578 REQ. # Email 2/2/2017
FOR: Solid Waste Management Services
"Residue" means non-OCC components acquired from the processing of OCC;
"Residue Disposal" means Residue that must be disposed at a landfill located in Ontario and approved by the
Ministry of the Environment and Climate Change (MOECC);
"Successful Bidder" means the Bidder which has been awarded the Contract by the City for the services to be
provided under this OTP in accordance with its provisions;
"Transfer Station" means the City facility where the material will be available for pick up;
"Transfer Trailer" means an open-top trailer that does not exceed 53 feet in length and 118 inches in width and
that has walking floor capability;
“Vendor” means the Preferred Bidder which has been awarded the Contract by the City for the services to be
provided under this OTP after receiving the required performance security as set out in section 16.0 in
accordance with its provisions;
5.0 Response Requirements
5.1 Bidders are asked to submit one (1) original clearly marked and identified and one (1) additional hard copy of
their Bid. In the event of deviations between the original and the copy, the original hard copy shall prevail.
5.2 In order to be considered for award, Bidders must submit with their Bid the following:
A completed Chart A as per section 12.6
A completed Schedule 1 - Price Form
A Bid Security (Certified Cheque in the amount of $5,000.00 Canadian funds) as per section 12.2.
6.0 Estimated Quantity
6.1 One (1) Metric Tonne = 1.1023 Tons = 2204.6 Pounds
6.2 It is anticipated that there will be approximately 415 tonnes of OCC per month. However, the City makes no
representation as to the amount that will be available and does not guarantee the provision of any quantity.
6.3 The estimated load weight of a Transfer Trailer top-loaded with unbaled OCC is approximately 15 metric
tonnes. This load weight is an estimate only. The City will not guarantee this weight as a minimum load weight.
6.4 Quantities provided are estimates only and should not be interpreted as indicating a minimum or maximum
order quantity. The projected annual tonnage shall be used as a basis for comparison upon which the award of
the Bid will be made. These quantities are not guaranteed to be accurate and are furnished without any liability
to the City whether decreased or increased.
7.0 Bid Information
Quotations will be accepted for the purchase and receipt and/or removal of unbaled (loose) OCC for the
purposes of recycling the fibre.
7 of 50
Viewing Copy
Toronto City Hall
REQUEST FOR OFFERS TO PURCHASE
NUMBER: 9208-17-0107 ISSUED: 1/17/2017 CLOSING 12 NOON ON
REFER TO: Ted Justin, 416 338-5578 REQ. # Email 2/2/2017
FOR: Solid Waste Management Services
8.0 Scheduling and Delivery of OCC (if facility is within 161 km of Highway 401 and Yonge Street)
& Scheduling and Pick Up of OCC (if facility is located farther than 161 km)
i) The City will deliver the OCC to an approved receiving facility located within 161 kilometres
of the intersection of Highway 401 and Yonge Street.
The City reserves the right to deliver the OCC in closed or open top transport trailers and
therefore, the receiving facility must have an adequate tip floor to accommodate automatic
ejected unloading. Facilities without this capability will not be considered. The adequacy of
the receiving area will be at the City’s sole discretion.
The Successful Bidder will be required to receive the OCC during the period of 7:00 AM
Monday to 6:00 PM Friday to allow for both direct deliveries by the night time collection
trucks and also for delivery by transport trailers.
Throughout the duration of the Contract, a City of Toronto representative will confirm a
delivery schedule with the Successful Bidder by e-mail communication. The Successful
Bidder must provide confirmation by e-mail communication.
If the City must cancel delivery due to unforeseen circumstances, the Successful Bidder will be
notified and the delivery date rescheduled. The Successful Bidder will not be entitled to
compensation for the cancellation.
When evaluating the bids, the City will calculate the City’s haulage cost of an average net load
of 15 metric tonnes at a rate of $2.60 per kilometre, based on the one (1) way trip from
Bermondsey Transfer Station and Ingram Transfer Stations to the receiving address stated in
Chart A. For the evaluation, 50% of the approximate annual tonnage will be applied to each
Transfer Station. This cost will be added to the quoted price if applicable, for evaluation
purposes only, in determining the best value to the City.
The maximum time for unloading must not exceed 30 minutes from the time of arrival. If the
unloading time exceeds the maximum time allowed, the following may occur:
Wait time will be charged at a rate of $130/hour, with a minimum flat charge of $130 within
the first hour.
Upon 3 notifications of such timing issues for unloading, the City may hold the Successful
Bidder in default and the Successful Bidder will be responsible for any additional costs
incurred by the City for delivery of the OCC.
8 of 50
Viewing Copy
Toronto City Hall
REQUEST FOR OFFERS TO PURCHASE
NUMBER: 9208-17-0107 ISSUED: 1/17/2017 CLOSING 12 NOON ON
REFER TO: Ted Justin, 416 338-5578 REQ. # Email 2/2/2017
FOR: Solid Waste Management Services
If the Bidder's receiving facility is located within the City of Toronto, Bidders must complete
Chart A, stating the full address, including postal code, of the facility to which the Old
Corrugated Cardboard will be delivered.
ii) If the receiving facility is located farther than 161 kilometres one way from the Highway 401
and Yonge Street, the Successful Bidder will be required to pick up and haul the OCC in a
closed or open top transport trailer from Ingram Transfer Station located at 50 Ingram Drive,
Toronto and an open top transport trailer from Bermondsey Transfer Station located at 188
Bermondsey Road, Toronto.
Ingram Transfer Station and Bermondsey Transfer Station are being used as storage and
loading facilities only. The OCC associated with this OTP is from the City’s night time OCC
street collection program.
For facilities located farther than 161 kilometres from Highway 401 and Yonge Street, the
Successful Bidder is responsible to arrange and pay for all costs associated with transporting
the material from 50 Ingram Drive and 188 Bermondsey Road.
Throughout the duration of the Contract, a City of Toronto representative will schedule the
pick-up dates at Ingram Transfer Station and Bermondsey Transfer Station with the Successful
Bidder by e-mail communication. A minimum of 48 hours (two Business Days) notice will be
provided for a required pick up. The Successful Bidder must provide confirmation by e-mail
communication.
The Successful Bidder must pick up a load of OCC having been given a minimum of two (2)
Business Days notice from the City of Toronto that the load will be available on a specific
date.
If the Successful Bidder is providing collection, they will be required to pick up the OCC at the
Ingram Transfer Station and Bermondsey Transfer Station on weekdays (Monday to Friday)
between the hours of 6:00 AM. to 6:00 PM. The Successful Bidder will not be required to pick
up material on statutory holidays.
The City's staff will load the Successful Bidder's transport trailer upon arrival at the site.
The transport trailers must not exceed 53 feet in length and 118 inches in width.
The load must be picked up on the scheduled date.
All drivers must conform to the City of Toronto's Health and Safety regulations while on site at the
Ingram Transfer Station and Bermondsey Transfer Station.
9 of 50
Viewing Copy
Toronto City Hall
REQUEST FOR OFFERS TO PURCHASE
NUMBER: 9208-17-0107 ISSUED: 1/17/2017 CLOSING 12 NOON ON
REFER TO: Ted Justin, 416 338-5578 REQ. # Email 2/2/2017
FOR: Solid Waste Management Services
9.0 Failure to Pick up Loads
Failure to pick up a load on the scheduled date and time may result in the following:
The Vendor will be notified of this failure by e-mail, which will serve as notification of failure to carry out
a contractual requirement.
Upon three (3) notifications of failure as described above having taken place within the contract period, the
City may, at its discretion, take any or all of the following actions:
i) The City may terminate the Contract
ii) The City may ship the product to another customer. If the City receives a lower price per tonne, the
Vendor will be invoiced for the balance.
iii) Any storage costs incurred as a result of failure to pick up loads will be charged to the Vendor.
iv) The Vendor may be prevented from bidding on future OTPs
v) The City may draw upon the security to cover related storage costs.
vi) The City may take any other action necessary to recover damages or losses related to the Vendor’s
default.
10.0 Ownership of Material
10.1 The Vendor assumes ownership of the OCC upon scaling the loaded truck out of the Transfer Station.
11.0 Downgrading or Rejection of Loads
The City of Toronto must be notified and agree to any claims for downgrading or rejection of any kind prior to
the processing of each load. The City may elect to have the load(s) returned for examination.
The City’s agreement to downgrading or rejection of loads is subject to proof of contamination provided to the
City within seventy-two (72) hours of pick up by the Vendor. Proof must consist of details of the results, and of
the method of evaluation used, as well as photographic evidence illustrating contamination.
The City contact for issues relating to downgrading or rejection of loads is Andrew Agbanti at (416) 392-4687
12.0 Mandatory Submission Requirements
12.1 Base Bid
Bidders must state a Base Bid (3 month term) that is comprised of both a Processing Fee and Premium as
listed in Schedule 1 – Price Form or the Bid will be declared Non-Compliant.
10 of 50
Viewing Copy
Toronto City Hall
REQUEST FOR OFFERS TO PURCHASE
NUMBER: 9208-17-0107 ISSUED: 1/17/2017 CLOSING 12 NOON ON
REFER TO: Ted Justin, 416 338-5578 REQ. # Email 2/2/2017
FOR: Solid Waste Management Services
12.2 Bid Security
Bidders are required to submit with their Bid a certified cheque made payable to "City of Toronto –
Treasurer", in the amount of $5,000.00 Canadian funds to act as the Bid security. Any Bid received that does
not satisfy the requirements of the Bid security will be declared Non-Compliant and not considered.
Failure of the Preferred Bidder to provide the full performance security within the time period stated in 15.3
will result in the forfeit of the Bid security to the City of Toronto.
The Bid security will be returned by the Purchasing and Materials Management Division following the award of
the Contract.
12.3 Intended End Use
Quotations must include the intended use for the OCC.
The OCC must be used in an environmentally safe and beneficial process.
Quotations that do not involve the reuse or recycling of the material will not be considered. Offers for energy
recovery from waste will not be considered.
In addition, the Bidder may be required to demonstrate to the City that the processing of the OCC meets the
City’s expectations with regards to environmental impacts, labour, health and safety standards, etc.
Determination of the acceptability of the End Use will be at the sole discretion of the City and the End Use
cannot be changed without the approval of the City.
12.4 Location of End Market
Bid submissions must include the final destination(s) of the OCC where it will be made into the End Product.
The City of Toronto does not allow export of the OCC to countries that are not members of the Organization for
Economic Co-operation and Development (OECD) unless the primary processor can demonstrate that any/all
downstream processors meet or exceed environmental, health and safety standards equal to OECD
Requirements. It is the responsibility of the Bidder to provide any and all appropriate documentation specific
for the country that they are proposing to export to, that would prove that conditions stipulated are the same or
better than OECD Requirements.
Bidders must state the location of the End Market(s) including the City and Province/State, and Country.
Example: Montreal, Quebec, Canada.
12.5 Tracking System Plan
Bidders must submit a tracking system that will monitor and identify the transportation of the OCC from point
of ownership to its final location and End Market(s), as stated in 12.4.
11 of 50
Viewing Copy
Toronto City Hall
REQUEST FOR OFFERS TO PURCHASE
NUMBER: 9208-17-0107 ISSUED: 1/17/2017 CLOSING 12 NOON ON
REFER TO: Ted Justin, 416 338-5578 REQ. # Email 2/2/2017
FOR: Solid Waste Management Services
The tracking system must include any information necessary to explain to the City how the material will move
from the Transfer Station to the final destination and End Market. This includes the mode of transportation (eg.
transport trailer, train, ship, etc.), the various stages each mode is utilized, and the route to be taken.
MapQuest or Google map attachments are acceptable to show route taken only if the exact route will be
followed from point of ownership to the End Market location(s) stated in 12.4. Otherwise a customized detailed
route plan that tracks the OCC from the Transfer Station to the End Market location must be submitted as part
of the Bid.
In addition, during the Contract, the Vendor may be required to provide proof of this information by way of
Customs documents, payment system or other means.
12.6 Bidders must complete Chart A in its entirety. Failure to complete Chart A with complete answers will render
the Bid Non-Compliant.
12 of 50
Viewing Copy
Toronto City Hall
REQUEST FOR OFFERS TO PURCHASE
NUMBER: 9208-17-0107 ISSUED: 1/17/2017 CLOSING 12 NOON ON
REFER TO: Ted Justin, 416 338-5578 REQ. # Email 2/2/2017
FOR: Solid Waste Management Services
Chart A
All Bidders must complete Chart A. Failure to complete Chart A will render the Bid non-compliant.
Intended End Use of OCC, as stated in
Section 12.3:
Location of Receiving Facility:
(List full address including street name and
number, City, Province/State, Country, and
postal/zip code.)
Street Address:
City:
Province/State:
Country:
Location(s) of End Market(s), as stated in
Section 12.4
(Attach a separate sheet if necessary to list
the City, Province/State and Country for each
End Market):
City:
Province/State:
Country:
Tracking System Plan, as stated in Section
12.5
(Attach a separate sheet if necessary):
Distance in kilometres from intersection of
Highway 401 and Yonge Street to Receiving
Facility as per Google maps or MapQuest
(shortest route)
Bid Security submitted as stated in Section
12.2
YES_______ NO________
(if "No" is indicated, the Bid will be declared Non-
Compliant and not considered)
13 of 50
Viewing Copy
Toronto City Hall
REQUEST FOR OFFERS TO PURCHASE
NUMBER: 9208-17-0107 ISSUED: 1/17/2017 CLOSING 12 NOON ON
REFER TO: Ted Justin, 416 338-5578 REQ. # Email 2/2/2017
FOR: Solid Waste Management Services
13.0 Pricing
13.1 Regardless of the term, the City will be paid the total sum of the monthly OBM Yellow Sheet for Buffalo's
posted high-point price for OCC as of the first issue of each calendar month, plus the fixed Premium, minus the
Processing Fee. The price paid to the City can never fall below zero.
Examples Only:
Example A: OBM $120.00 (after conversion to Canadian funds) plus Premium $20.00 minus Processing Fee
($15) = $ 125.00/MT
Example B: OBM $120.00 (after conversion to Canadian funds) plus Premium (-$10.00) minus Processing Fee
($15) = $ 95.00/MT
13.2 The monthly market price for OCC will be as reported in the Official Board Market (OBM) Yellow Sheet for
Buffalo's posted high-point price for OCC published in the PPI Pulp and Paper Week (PPW) as of the first issue
of each calendar month.
See Appendix C, Item (1) – PPI Pulp and Paper Week, OBM example provided.
13.3 Payments or prices originally expressed in the OBM Yellow Sheet as US dollars will be converted into
Canadian dollars using the US to Canadian monthly average exchange rate as reported by the Bank of Canada
at http://www.bankofcanada.ca/rates/exchange/exchange-rates-in-pdf for each invoicing period.
See Appendix C, Item (2) – Bank of Canada exchange rate example provided.
13.4 Base Bid
Bidders must state a Base Bid (3 month term) that is comprised of both a Processing Fee and Premium as
listed in Schedule 1 – Price Form or the Bid will be declared Non-Compliant.
13.5 Bidders must state a Processing Fee price per metric tonne, in Canadian currency, that includes all additional
and applicable charges for the removal/receiving and processing of the OCC including but not limited to
processing costs, residue disposal costs at an Ontario landfill approved by Ontario Ministry of Environment and
Climate Change, fuel surcharges, transportation, mileage, equipment, labour, tools and any other supplies
required for the removal and processing of OCC. The Processing Fee is a fixed price throughout the duration of
the Contract.
13.6 Bidders must state a Premium per metric tonne, in Canadian dollars, in addition to their Processing Fee. The
price of the Premium quoted may be either positive, zero, or negative value. The Premium is a fixed price
throughout the duration of the Contract.
14 of 50
Viewing Copy
Toronto City Hall
REQUEST FOR OFFERS TO PURCHASE
NUMBER: 9208-17-0107 ISSUED: 1/17/2017 CLOSING 12 NOON ON
REFER TO: Ted Justin, 416 338-5578 REQ. # Email 2/2/2017
FOR: Solid Waste Management Services
13.7 Bidders are requested to provide the Processing Fees and Premium to five (5) decimal places. Should any
pricing be provided with less than five (5) decimal places, the remaining decimal places shall be assumed as a
value of zero (0).
13.8 Option Terms
In addition to the Base Bid (3 month term), Bidders may choose to state a Processing Fee and Premium for the
Option 1(6 month term) and/or Option 2 (12 month term). If the Processing Fee or Premium is left blank, the
Option 1 or Option 2 term would be rendered as non-compliant.
SCHEDULE 1 – PRICE FORM
BASE BID – 3 Month Term
Bidders must state a Base Bid for Old Corrugated Cardboard for a 3 month term from Date of Award FOB the
City's Transfer Station:
Description
City Delivery
(Within 161 km)
Price per Tonne
(5 decimal places)
F.O.B. 188 Bermondsey Road
and 50 Ingram Drive
(Greater than 161 km)
Price per Tonne
(5 decimal places)
Premium
(Fixed amount paid to City in addition
to OBM monthly posted high-point
price for Buffalo)
(1)
$ . / MT
(1)
$ . / MT
Processing Fee
(2)
$ . / MT
(2)
$ . / MT
Total Premium less Processing Fee:
(for calculating the best value to the
City, copy to Section 1.0)
(1) – (2)
$ . / MT
(3)
(1) – (2)
$ . / MT
(3)
The amount paid to the City of Toronto in Canadian currency will be as follows:
OBM Yellow Sheet high-point monthly posted rate plus Premium minus the Processing Fee.
15 of 50
Viewing Copy
Toronto City Hall
REQUEST FOR OFFERS TO PURCHASE
NUMBER: 9208-17-0107 ISSUED: 1/17/2017 CLOSING 12 NOON ON
REFER TO: Ted Justin, 416 338-5578 REQ. # Email 2/2/2017
FOR: Solid Waste Management Services
Note: The price paid to the City can never fall below zero ($0.00 per tonne).
Option 1 – 6 Month Term
In addition to the 3 month term, Bidders may choose to state a Bid for a 6 month term from date of award:
Description
City Delivery
(Within 161 km)
Price per Tonne
(5 decimal places)
F.O.B. 188 Bermondsey Road
and 50 Ingram Drive
(Greater than 161 km)
Price per Tonne
(5 decimal places)
Premium
(Fixed amount paid to City in addition
to OBM monthly posted high-point
price for Buffalo)
(1)
$ . / MT
(1)
$ . / MT
Processing Fee
(2)
$ . / MT
(2)
$ . / MT
Total Premium less Processing Fee:
(for calculating the best value to the
City, copy to Section 1.0)
(1) – (2)
$ . / MT
(3)
(1) – (2)
$ . / MT
(3)
16 of 50
Viewing Copy
Toronto City Hall
REQUEST FOR OFFERS TO PURCHASE
NUMBER: 9208-17-0107 ISSUED: 1/17/2017 CLOSING 12 NOON ON
REFER TO: Ted Justin, 416 338-5578 REQ. # Email 2/2/2017
FOR: Solid Waste Management Services
Option 2 – 12 Month Term
In addition to the 3 month term, Bidders may choose to state a Bid for a 12 month term from date of award:
Description
City Delivery
(Within 161 km)
Price per Tonne
(5 decimal places)
F.O.B. 188 Bermondsey Road
and 50 Ingram Drive
(Greater than 161 km)
Price per Tonne
(5 decimal places)
Premium
(Fixed amount paid to City in addition
to OBM monthly posted high-point
price for Buffalo)
(1)
$ . / MT
(1)
$ . / MT
Processing Fee
(2)
$ . / MT
(2)
$ . / MT
Total Premium less Processing Fee:
(for calculating the best value to the
City, copy to Section 1.0)
(1) – (2)
$ . / MT
(3)
(1) – (2)
$ . / MT
(3)
14.0 Award
14.1 The City reserves the right to award a Contract to the Bidder who meets the specifications as described in this
OTP and offers the best value to the City based on the Base Bid term, the Option 1 term or the Option 2 term;
and providing the performance security, at its sole discretion.
14.2 For evaluation purposes only, the City will calculate the Premium minus Processing Fee and minus haulage cost
to determine the best value to the City.
17 of 50
Viewing Copy
Toronto City Hall
REQUEST FOR OFFERS TO PURCHASE
NUMBER: 9208-17-0107 ISSUED: 1/17/2017 CLOSING 12 NOON ON
REFER TO: Ted Justin, 416 338-5578 REQ. # Email 2/2/2017
FOR: Solid Waste Management Services
Sample Evaluation
The following is an example of the evaluation used to determine best value to the City
Bidder A Bidder A Bidder C
Premium
$20/T $20/T $20/T
Processing Fee
-$15 -$15 -$15
Haulage cost (one way)
15 km (average) 100 km (average) >161 km (average)
15 X $2.60 = $39 100 X $2.60 = $260 ($0 haulage cost to the City)
$39/15 MT = -$2.6/MT $260/15 MT = -$17.33/MT $0
Calculation
$20 - $2.6 – $15 $20 - $17.33 – $15 $20 - $0 – $15
= $2.4 = -$12.33 = $5
Therefore, in this example, Bidder C offers the best value to the City.
14.3 The issuance of a sales order shall result in the creation of a Contract with the Vendor.
14.4 The City will notify the Preferred Bidder of the recommendation for award of the Contract. The Preferred
Bidder will have ten (10) Business Days from the date of notification to provide the performance security as
specified by the City and described in Section 16.0 of this OTP.
14.5 If the City receives the performance security from the Preferred Bidder within the time specified in Section
14.4, the City will then award the OTP to the Preferred Bidder and issue the Contract to the Vendor.
14.6 If the Preferred Bidder fails to provide the performance security within the specified time, the City will
disqualify the Preferred Bidder from the OTP.
14.7 Prior to award, the Preferred Bidder may be subjected to a credit check by the City of Toronto’s Finance
Division.
14.8 The City reserves the right to reject any and all Bids.
18 of 50
Viewing Copy
Toronto City Hall
REQUEST FOR OFFERS TO PURCHASE
NUMBER: 9208-17-0107 ISSUED: 1/17/2017 CLOSING 12 NOON ON
REFER TO: Ted Justin, 416 338-5578 REQ. # Email 2/2/2017
FOR: Solid Waste Management Services
14.9 In the event that the City receives two (2) or more Quotations identical in price, the City reserves the right to
select one (1) of the tied Quotations by way of a coin toss (in the case of two (2) identical Bids), or lottery (in
the case of more than two (2) identical Bids).
15.0 Invoicing
15.1 Invoicing will be based on the value of the OCC shipped.
15.2 The OBM Yellow Sheet is based in US dollars; however, invoicing will be in Canadian dollars per metric tonne
for all OCC shipped.
15.3 Conversion from US dollars to Canadian dollars will be based on the monthly average exchange rate as reported
by the Bank of Canada at http://www.bankofcanada.ca/rates/exchange/exchange-rates-in-pdf.
See Appendix C, Item (2) – Bank of Canada exchange rate example provided.
15.4 Invoicing for OCC shipped during the first last day of the month will be based on the monthly average
exchange rate of the month.
15.5 Invoicing for sale of goods and services will be invoiced once per month, and invoices will be payable within
thirty (30) days from the date of the invoice. Late payment charges shall be added to all fees and charges that
are due and payable at the rate of 1.25 percent on the first day of default, and every thirty (30) days thereafter
during such time as the default continues in accordance with City of Toronto BY-LAW No. 1026-2005.
15.6 If payment is not made within thirty (30) days of an invoice, the City may, at its discretion, draw upon the
performance security or give notice of default and take any or all of the actions described under Section 9.0
Failure to Pick up Loads.
15.7 Invoice weights will be based on City weigh scale information. The City weigh scales are calibrated according
to Consumer and Corporate Affairs – Weights and Measures and Standards.
15.8 Effective July 1, 2010, the Ontario Retail Sales Tax (ORST) has combined with the Federal Goods and Services
Tax (GST) to create a federally administered Harmonized Sales Tax (HST). The HST has a combined rate of
13%. The Vendor will be charged the full HST on all OCC picked up from Bermondsey Transfer Station and
the Ingram Transfer Station.
16.0 Performance Security
16.1 The Preferred Bidder, upon notification, shall secure and deposit with the
Solid Waste Management Services Division one (1) of the following security options:
an irrevocable letter of credit
a certified cheque
an electronic funds transfer
16.2 The value must be in the amount of 175,000.00 Canadian dollars.
19 of 50
Viewing Copy
Toronto City Hall
REQUEST FOR OFFERS TO PURCHASE
NUMBER: 9208-17-0107 ISSUED: 1/17/2017 CLOSING 12 NOON ON
REFER TO: Ted Justin, 416 338-5578 REQ. # Email 2/2/2017
FOR: Solid Waste Management Services
16.3 If the Preferred Bidder chooses the option of a letter of credit or certified cheque, it is the responsibility of the
Preferred Bidder to ensure the documents are correctly addressed to:
City of Toronto
Solid Waste Management Services
100 Queen Street West
25th Floor, East Tower
Toronto, ON M5H 2N2
Attention: Pap Mishra
Senior Analyst, Operational Support
Courier Information: The mailroom is located in the basement level of City Hall with business hours
between 8:00 a.m. and 4:30 p.m. Couriers can also come directly up to the 25th floor of City Hall and
ask for Pap Mishra or have someone sign on his behalf
Courier Information: The mailroom is located in the P1 Level with business hours between 8:00 a.m. and 4:00
p.m.
16.4 The performance security is not to be used as a form of pre-payment.
16.5 The performance security of the Vendor will be kept for up to one (1) year after expiry of the Contract, or any
extensions to the Contract, to ensure that all required work has been completed to the satisfaction of the City’s
representative and all accounts are paid in full. The performance security will be returned when all the City’s
requirements have been met.
16.6 Requirements for Letter of Credit
The following conditions must be incorporated in any Letter of Credit and must be in a form satisfactory
to the Treasurer of the City of Toronto:
(1) It must be issued by a Canadian chartered bank listed in schedule 1, 2 or 3 to the Bank Act (Canada);
(2) It is in a sufficient dollar amount (i.e.: equivalent to the value of the certified cheque for which it is
substituting);
(3) It is irrevocable;
(4) It is unconditional;
(5) It must be payable to the City of Toronto as the beneficiary and may require payment on demand;
(6) It is automatically renewable unless advised by written notice to the City Treasurer 30 days preceding
the expiry date or dates, that the letter of credit will not be renewed.
20 of 50
Viewing Copy
Toronto City Hall
REQUEST FOR OFFERS TO PURCHASE
NUMBER: 9208-17-0107 ISSUED: 1/17/2017 CLOSING 12 NOON ON
REFER TO: Ted Justin, 416 338-5578 REQ. # Email 2/2/2017
FOR: Solid Waste Management Services
(7) The City of Toronto may draw on it at will;
(8) If advised in accordance with (6) above, the General Manager, Solid Waste Management Services may
exercise the drawing option.
See Appendix C, Item (3) – Letter of Credit template provided.
16.7 Requirements for Certified Cheques
a) Certified cheques are to be made payable to: "City of Toronto – Treasurer".
b) Certified cheques are to be delivered to the City of Toronto as stated in Section 16.3.
Certified cheques will be held for the duration of the Contract as well as a potential maintenance period of one
year, or until replaced by a letter of credit.
17.0 Termination
Failure to comply with the terms and conditions set out in this Contract may result in cancellation of the
Contract and/or liquidation of the security and/or exclusion from future bidding. Should cancellation be
required, the Vendor will be responsible for any loss of revenues over the agreed period of the Contract.
18.0 Purchasing Policies:
POLICY TO EXCLUDE BIDS FROM EXTERNAL PARTIES INVOLVED IN THE PREPARATION OR
DEVELOPMENT OF A SPECIFIC CALL/REQUEST
To ensure Fair and Equal Treatment in its competitive procurements, the City of Toronto will undertake to:
- disallow bidders/proponents from submitting a bid to any Tender, Quotation, or Proposal call in which the
bidder/proponent has participated in the preparation of the call document; and
- a bidder/proponent who fails to comply will result in disqualification of their response to the call/request.
Did you, the bidder, assist the City of Toronto in the preparation of this Request for Quotation call?
Specify: Yes _____ No _____
NOTICE
The Municipal Freedom of Information and Protection of Privacy Act (the Act) applies to all tenders, quotations
and proposals submitted to the City of Toronto. Tenders, quotations and proposals will be received in confidence
subject to the disclosure requirements of the Act. Bidders/proponents should identify any portions of their
tender/quotation/proposal which contain a trade secret, scientific, technical, financial, commercial or labour relations
21 of 50
Viewing Copy
Toronto City Hall
REQUEST FOR OFFERS TO PURCHASE
NUMBER: 9208-17-0107 ISSUED: 1/17/2017 CLOSING 12 NOON ON
REFER TO: Ted Justin, 416 338-5578 REQ. # Email 2/2/2017
FOR: Solid Waste Management Services
information supplied in confidence and which will cause harm if disclosed. Questions about the Act should be directed
to the Director of Corporate Access and Privacy Office, (416) 392-9683.
Please be aware that bidders’ names and the total amount of bid are always made public.
COLLUSION AND PRICE FIXING
By submitting a bid in response to this Quotation Request, the bidder certifies that:
a) the prices in the Bid have been arrived at independently of those of any other Bidder;
b) the prices in the Bid have not been knowingly disclosed by the Bidder, and will not knowingly be disclosed by
the Bidder prior to the award of purchase, directly or indirectly, to any other Bidder or competitor; and
c) no attempt has been made, or will be made, to induce any other person to submit or not to submit a Bid, for the
purpose of restricting competition.
In the event of a tied bid, a report will be submitted to the relevant Committee or Council stating that the bids can be
evaluated on any other efficiencies or cost considerations other than price. In the event of a tied bid, the City reserves
the right to cancel and re-issue this requirement.
CONFLICT OF INTEREST POLICY
This is to advise you that City Council passed a new Conflict of Interest Policy in August 2000 that applies to all City of
Toronto employees. This policy replaces the policies that dealt with conflicts of interest or codes of conduct in the
former municipalities.
It is imperative that all suppliers be aware of the terms of the policy and understand the various situations, which are
clearly a conflict of interest, to ensure that a supplier does not place any City employee in a potential conflict situation,
when carrying out their respective business activities with the City of Toronto.
A copy of the policy is available on the City of Toronto's website at www.toronto.ca or by the calling the Supervisor,
Client Services at (416) 392-1305.
RESTRICTIONS ON THE HIRING AND USE OF FORMER CITY OF TORONTO MANAGEMENT
EMPLOYEES FOR CITY CONTRACTS
The purpose of this Policy to ensure that former City of Toronto management employees who took part in a separation
program or received a retirement package, are prohibited from participating in contracts directly or indirectly related to
the City of Toronto or its special purpose bodies for a period of two years starting from an employee's separation date.
Former employees covered by this policy are prohibited from participating in contracts directly or indirectly related to
the City of Toronto or its special purpose bodies for a period of two years starting from the employee’s separation date.
This would include, but not be limited to, for example, the following roles:
As an independent contractor/consultant;
As a contractor/consultant on City project work for a company/firm (but, the firm may compete); or
22 of 50
Viewing Copy
Toronto City Hall
REQUEST FOR OFFERS TO PURCHASE
NUMBER: 9208-17-0107 ISSUED: 1/17/2017 CLOSING 12 NOON ON
REFER TO: Ted Justin, 416 338-5578 REQ. # Email 2/2/2017
FOR: Solid Waste Management Services
As a contractor/consultant on City project work for a company/firm that has been sub-contracted by another
company/firm.
Former City of Toronto management employees who took part in a separation program or received a retirement
incentive are prohibited from participating in contracts directly or indirectly related to the City of Toronto and its
special purpose bodies for a period of two years starting from an employee’s termination date.
Notes: (1) Adopted by Council at its meeting of February 4, 5, & 6, 1998, Report No. 2, Clause No. 2 of the
Strategic Policies and Priorities Committee, and
(2) Revised by City Council at its meeting of November 26, 27, 28, 2002, Report No. 14, Clause No. 6,
Administration Committee.
Respondents are to state the name(s) of any former City of Toronto management employee(s) hired/used by your firm,
if any, who have left the employ of the City or its special purpose bodies within the last two years.
Specify: .
This policy will be considered in the evaluation of all submissions received by the City of Toronto.
For further information contact:
Manager, Corporate Purchasing
Policy & Quality Assurance
18th Floor, West Tower, City Hall, (416) 392-0387
23 of 50
Viewing Copy
REQUEST FOR OFFERS TO PURCHASE 9208-17-0107
APPENDIX “A” REQUEST FOR QUOTATIONS PROCESS TERMS AND CONDITIONS
1. Bidder’s Responsibility
(1) It shall be the responsibility of each Bidder:
a) to examine all the components of this Request for Quotations (RFQ), including all appendices, forms
and Addenda;
b) to acquire a clear and comprehensive knowledge of the required Deliverables before submitting a
Quotation;
c) to become familiar and (if it becomes a successful Bidder) comply with all of the terms and
conditions contained in this RFQ and the City’s Policies and Legislation set out on the City of
Toronto website at: www.toronto.ca/tenders/index.htm
(2) The failure of any Bidder to receive or examine any document, form, addendum, or policy shall not
relieve the Bidder of any obligation with respect to its Quotation or any purchase order issued based
on the Bidder’s Quotation.
2. City Contact and Questions
(1) All contact and questions concerning this RFQ should be directed in writing to the City employee(s)
designated as “Buyer” in the RFQ.
(2) No City representative, whether an official, agent or employee, other than those identified as
“Buyer” or the Chief Purchasing Official or his/her delegate are authorized to speak for the City with
respect to this RFQ, and any Bidder who uses any information, clarification or interpretation from
any other representative does so entirely at the Bidder’s own risk.
(3) Not only shall the City not be bound by any representation made by an unauthorized person, but any
attempt by a Bidder to bypass the RFQ process may be grounds for rejection of its Quotation.
(4) Commencing from the issue date of this RFQ until the time of any ensuing Award, no
communication shall be made by any person, including potential Bidders, or its representatives,
including a third-person representative employed or retained by it (or any unpaid representatives
acting on behalf of either), to promote its Quotation or oppose any competing Quotation, nor shall
any potential Bidder, or its representatives, including a third-person representative employed or
retained by it (or any unpaid representatives acting on behalf of either), discuss this RFQ or its
Quotation with any City staff, City officials or Council member(s), other than a communication with
the "City Contact" identified on page 1 on this RFQ.
(5) Communications in relation to this RFQ outside of those permitted by the applicable procurement
policies and this RFQ document contravene the Lobbying By-law, an offence for which a person is
liable to a maximum fine of $25,000.00 on a first conviction and $100,000.00 on each subsequent
conviction. In addition, the City's Procurement Processes Policy provides that any Bidder found in
breach of the policy may be subject to disqualification from the call or a future call or calls at the
discretion of Council.
(6) Notwithstanding anything to the contrary set out in this document, the obligations with respect to
lobbying as set out in the City of Toronto Municipal Code, Chapter 140 shall apply. The links to the
City's Procurement Processes Policy, Lobbying By-Law and Interpretive Bulletin on Lobbying and
Procurement are as follows:
http://www.toronto.ca/citybusiness/pdf/policy_procurement_process.pdf
http://www.toronto.ca/legdocs/municode/1184_140.pdf
24 of 50
Viewing Copy
REQUEST FOR OFFERS TO PURCHASE 9208-17-0107
http://www.toronto.ca/lobbying/pdf/interpretation-bulleting_lobbying-procurements.pdf
3. Addenda
If it becomes necessary to revise any part of this RFQ, the revisions will be by Addendum posted
electronically in Adobe PDF format on the City’s website at www.toronto.ca/calldocuments.
Bidders and prospective Bidders SHOULD MONITOR THAT SITE as frequently as they deem
appropriate until the day of the Deadline. Only answers to issues of substance will be posted. The
City reserves the right to revise this RFQ up to the Closing Deadline. When an Addendum is issued
the date for submitting Quotations may be revised by the City if, in its opinion, the City determines
more time is necessary to enable Bidders to revise their Quotations.
All Bidders must acknowledge receipt of all Addenda in the space provided on the Quotation
Submission Form.
The City’s Purchasing and Materials Management Division will make reasonable efforts to issue the
final Addendum (if any) no later than five (5) days prior to the Deadline.
4. Exceptions to Mandatory Terms and Conditions
If a Bidder wishes to suggest a change to any mandatory term or condition set forth in any part of
this RFQ it should notify the Buyer in writing not later than five (5) Business Days before the
Closing Deadline. The Bidder must clearly identify any such term or condition, the proposed change
and the reason for it. If the City wishes to accept the proposed change, the City will issue an
Addendum as described in the article above titled Addenda. The decision of the City shall be final
and binding, from which there is no appeal. Changes to mandatory terms and conditions that have
not been accepted by the City by the issuance of an Addendum are not permitted and any Quotation
that takes exception to or does not comply with the mandatory terms and conditions of this RFQ will
be rejected.
5. Omissions, Discrepancies and Interpretations
A Bidder who finds omissions, discrepancies, ambiguities or conflicts in any of the RFQ
documentation or who is in doubt as to the meaning or has a dispute respecting any part of the RFQ
should notify the Buyer noted in this RFQ in writing. If the City considers that a correction,
explanation or interpretation is necessary or desirable, the City will issue an Addendum as described
in the article above titled Addenda. The decision and interpretation of the City respecting any such
disputes shall be final and binding, from which there is no appeal. No oral explanation or
interpretation shall modify any of the requirements or provisions of the RFQ.
6. Incurred Costs
The City will not be liable for, nor reimburse, any potential Bidder or Bidders, as the case may be,
for costs incurred in the preparation and submission of any Quotation.
7. Limitation of Liability
The City shall not be liable for any costs, expenses, loss or damage incurred, sustained or suffered by
any Bidder prior, or subsequent to, or by reason of the acceptance or the non-acceptance by the City
25 of 50
Viewing Copy
REQUEST FOR OFFERS TO PURCHASE 9208-17-0107
of any Quotation, or by reason of any delay in acceptance of a Quotation, except as provided in this
RFQ.
8. Post-Submission Adjustments and Withdrawal of Quotations
(1) No unilateral adjustments by Bidders to submitted Quotations will be permitted.
(2) A Bidder may withdraw its Quotation prior to the Closing Deadline any time by notifying the Buyer
designated in this RFQ in writing.
(3) A Bidder who has withdrawn a Quotation may submit a new Quotation, but only in accordance with
the terms of this RFQ.
(4) After the Closing Deadline each submitted Quotation shall be irrevocable and binding on Bidders for
a period of 90 days.
(5) If the City makes a request to a Bidder for clarification of its Quotation, the Bidder will provide a
written response within 48 hours accordingly, unless otherwise indicated, which shall then form part
of the Quotation.
9. No Collusion or Unethical Conduct
(1) No Bidder may discuss or communicate about, directly or indirectly, the preparation or content of its
Quotation with any other Bidder or the agent or representative of any other Bidder or prospective
Bidder. If the City discovers there has been a breach at any time, the City reserves the right to
disqualify the Quotation or terminate any ensuing contract.
(2) By submitting a Quotation in response to this Quotation Request, the Bidder certifies that:
a) the prices in the Quotation have been arrived at independently of those of any other Bidder;
b) the prices in the Quotation have not been knowingly disclosed by the Bidder, and will not knowingly
be disclosed by the Bidder prior to the award of purchase, directly or indirectly, to any other Bidder
or competitor; and
c) no attempt has been made, or will be made, to induce any other person to submit or not to submit a
Quotation, for the purpose of restricting competition.
(3) Bidders must not have common ownership, directors, or management, or any other affiliation,
connection, association or attachment with each other that may be deemed to compromise the
principle of competition. Bidders must disclose any arrangements with other Bidders (including but
not limited to subcontracting) that may reasonably be deemed to compromise the principle of
competition, at or prior to the Closing Deadline.
10. Prohibition against Gratuities
(1) No Bidder and no employee, agent or representative of the Bidder, may offer or give any gratuity in
the form of entertainment, participation in social events, gifts or otherwise to any officer, director,
agent, appointee or employee of the City in connection with or arising from this RFQ, whether for the
purpose of securing a contract or seeking favourable treatment in respect to the award or amendment
of the contract or influencing the performance of the contract, including without restriction
enforcement of performance standards, or expressing appreciation, or providing compensation, for the
award of a contract or for performance of the City's obligations thereunder or for conferring favours
or being lenient, or in any other manner whatsoever.
26 of 50
Viewing Copy
REQUEST FOR OFFERS TO PURCHASE 9208-17-0107
(2) If the City determines that this article has been breached by or with respect to a Bidder, the City may
exclude its Quotation from consideration, or if a contract has already been entered into, may terminate
it without incurring any liability.
11. Conflicts of Interest/Unfair Advantage
(1) In its Quotation, the Bidder must disclose to the City any potential conflict of interest that might
compromise the performance of the work or which might reasonably compromise or provide the
Bidder an unfair advantage in the bidding process. If such a conflict of interest does exist, the City
may, at its discretion, refuse to consider the Quotation.
(2) The Bidder must also disclose whether it is aware of any City employee, Council member or member
of a City agency, board or commission or employee thereof having a financial interest in the Bidder
and the nature of that interest. If such an interest exists or arises prior to the award on any contract,
the City may, at its discretion, refuse to consider the Quotation or withhold the awarding of any
contract to the Bidder until the matter is resolved to the City’s sole satisfaction.
(3) Bidders are cautioned that the acceptance of their Quotation may preclude them from participating as
a Bidder in subsequent projects where a conflict of interest may arise. The Bidder for this project
may participate in subsequent/other City projects provided the Bidder has satisfied pre-qualification
requirements of the City, if any, and in the opinion of the City, no conflict of interest would adversely
affect the performance and successful completion of an agreement by the Bidder.
12. Quasi-Criminal/Criminal Activity of a Proponent
(1) The City may reject a Quotation or Bidder if the City:
a) confirms that the Bidder or any individual that owns, directs, or controls the Bidder has been charged
with or convicted of an offence under the Criminal Code, an offence under other applicable
Requirements of Law, or an offence pursuant to similar laws outside of Ontario, or has been named
in an order or similar enforcement measure by a regulatory authority;
b) determines that this charge or conviction or order is material to the given procurement; and
c) determines that, in light of this charge or conviction, awarding the Bidder could compromise the
delivery of the deliverables or would otherwise undermine the business reputation of the City of the
public's confidence in the integrity of the call process
13. Failure or Default of Bidder
(1) If the Bidder, for any reason, fails or defaults in respect of any matter or thing which is an obligation
of the Bidder under the terms of the RFQ, the City may at its option:
a) Consider that the Bidder has submitted a non-compliant Bid, whereupon the City may also rescind
any acceptance of the [Proposal/Bid] as null and void; or
b) Consider that the Bidder has abandoned any Agreement and require the Bidder to pay the City the
difference between its Quotation and any other Quotation which the City accepts, if the latter is for a
greater amount and, in addition, to pay the City any cost which the City may incur by reason of the
Bidder’s failure or default. The Bidder shall be ineligible to submit a new Quotation for any Call that
the City is required to reissue as a result of the Bidder's failure or default or where the City deems
that the Bidder has abandoned the Agreement.
27 of 50
Viewing Copy
REQUEST FOR OFFERS TO PURCHASE 9208-17-0107
14. Acceptance of Quotations
(1) The City shall not be obliged to accept any Quotation in response to this RFQ.
(2) The City may modify and/or cancel this RFQ prior to accepting any Quotation.
(3) Quotations may be accepted or rejected in total or in part.
(4) The lowest quoted price may not necessarily be accepted by the City.
(5) In determining which Quotation provides the best value to the City, consideration may be given to
the past performance of any Bidder.
(6) Quotations which are incomplete, not completed in ink, conditional or obscure or which contain
additions not called for, erasures or alterations of any kind may be rejected.
(7) The City reserves the right to waive immaterial defects and minor irregularities in any Quotation.
(8) Quotations not completed in non-erasable medium and signed in ink shall be rejected.
(9) The City reserves the right to verify the validity of information submitted in the Quotation and may
reject any Quotation where, in the City’s sole estimation, the contents appear to be incorrect,
inaccurate or inappropriate.
(10) The City reserves the right to assess the ability of the Bidder to perform the contract and may reject
any Quotation where, in the City’s sole estimation, the personnel and/or resources of the Bidder are
insufficient.
(11) The City may reject a Quotation if it determines, in its sole discretion, that the Quotation is
materially unbalanced. A Quotation is materially unbalanced when:
a) it is based on prices which are significantly less than cost for some items of work and prices
which are significantly overstated in relation to cost for other items of work; and
b) the City had determined that the Quotation may not result in the lowest overall cost to the City
even though it may be the lowest submitted Quotation; or
c) it is so unbalanced as to be tantamount to allowing an advance payment.
15. Currency
Unless otherwise stated herein, prices quoted are to be in Canadian dollars.
16. Tied Bids
In the event that the City receives two or more Quotations identical in price, the City reserves the right to
select one of the tied Quotations by way of a coin toss (in the case of two identical bids), or lottery (in the
case of more than two identical bids).
17. Mathematical Errors
In the event of mathematical errors found in the pricing pages, the unit prices quoted shall prevail.
Extensions and totals will be corrected accordingly and adjustments resulting from the correction will be
applied to the total price quoted.
28 of 50
Viewing Copy
REQUEST FOR OFFERS TO PURCHASE 9208-17-0107
18. City Confidential Information
(1) City Confidential Information provided by City staff to any Bidder or prospective Bidder in
connection with, or arising out of this RFQ, the Deliverables or the acceptance of any Quotation:
a) is and shall remain the property of the City;
b) must be treated by Bidders and prospective Bidders as confidential;
c) must not be used for any purpose other than for replying to this RFQ, and for fulfillment of any
related subsequent contract.
19. Ownership and Disclosure of Quotation Documentation
(1) The documentation comprising any Quotation submitted in response to this RFQ, along with all
correspondence, documentation and information provided to the City by any Bidder in connection
with, or arising out of this RFQ, once received by the City:
a) shall become a record of the City;
b) shall become subject to the Municipal Freedom of Information and Protection of Privacy Act
("MFIPPA"), and may be released, pursuant to that Act and other Requirements of Law.
(2) Because of MFIPPA, Bidders should identify in their Quotation any scientific, technical, commercial,
proprietary or similar confidential information, the disclosure of which could cause them injury.
(3) Each Bidder’s name and quoted total base price shall be made public.
(4) By submitting a Quotation, the Bidder acknowledges that it will be made available to members of
City Council and Committees on a confidential basis and may be released to members of the public
pursuant to an access request made under MFIPPA and other Requirements of Law.
20. Intellectual Property Rights
Each Bidder warrants that the information contained in its Quotation does not infringe any third party
intellectual property right and agrees to indemnify and save harmless the City, its staff and its consultants,
if any, against all claims, actions, suits and proceedings, including all costs incurred by the City brought
by any person in respect of the infringement or alleged infringement of any patent, copyright, trademark,
or other intellectual property right in connection with their Quotation.
21. Governing Law
This RFQ and any Quotation submitted in response to it and the process contemplated by this RFQ shall
be governed by the laws of the Province of Ontario. Any dispute arising out of this RFQ or this RFQ
process will be determined by a court of competent jurisdiction in the Province of Ontario.
29 of 50
Viewing Copy
REQUEST FOR OFFERS TO PURCHASE 9208-17-0107
APPENDIX "B" GENERAL CONTRACT TERMS AND CONDITIONS
In addition to any other terms and conditions contained elsewhere in this RFQ, the following terms and
conditions shall form part of the Contract between the City and the Vendor and are deemed to be
incorporated into and take precedence over the terms of any purchase order(s) issued in connection with
this RFQ. The order of precedence shall be:
(i) the RFQ, including any appendices, schedules and Addenda;
(ii) the purchase order; and
(iii) the Quotation;
1. Compliance with Laws
The Vendor will be required to comply, at its sole expense, with all applicable Requirements of Law
(including, without limitation, the City's Fair Wage and other policies or by-laws applicable to the City's
vendors, the Ontario Fire Code, the Ontario Employment Standards Act, the Ontario Human Rights Code,
the Ontario Labour Relations Act, the Workplace Safety and Insurance Act, the Income Tax Act and
Occupational Health and Safety requirements) in relation to the provision of any Services, including the
obtaining of all necessary permits and licences, and shall submit proof of such compliance to the City,
upon request, and the Vendor shall indemnify and save the City harmless from any liability or cost
suffered by it as a result of the vendor's failure to comply with this provision.
2. Non-Exclusivity
The awarding of a Contract to a Vendor shall not be a guarantee of exclusivity.
3. Confidentiality
The Vendor shall treat as confidential all information of any kind which comes to the attention of the
Vendor in the course of carrying out the Services and shall not disseminate such information for any
reason without the express written permission of the City or otherwise in accordance with MFIPPA or
other applicable privacy law. The Vendor may be required to enter into a detailed confidentiality and
conflict of interest agreement in a form satisfactory to the City Solicitor.
4. Conflict of Interest
The Vendor shall: (a) avoid any Conflict of Interest in the performance of its contractual obligations; (b)
disclose to the City without delay any actual or potential Conflict of Interest that arises during the
performance of its contractual obligations; and (c) comply with any requirements prescribed by the City
to resolve any Conflict of Interest. In addition to all other contractual rights or rights available at law or
in equity, the City may immediately terminate the Contract upon giving notice to the Vendor where: (a)
the Vendor fails to disclose an actual or potential Conflict of Interest; (b) the Vendor fails to comply with
any requirements prescribed by the City to resolve or manage a Conflict of Interest; or (c) the Vendor’s
Conflict of Interest cannot be resolved to the City's reasonable satisfaction.
5. Indemnities
(1) The Vendor shall indemnify and save harmless the City of Toronto, its Mayor, Members of Council,
officers, employees, and agents from and against any losses, liens, charges, claims, demands, suits,
proceedings, recoveries and judgments (including legal fees and costs) arising from or related to the
30 of 50
Viewing Copy
REQUEST FOR OFFERS TO PURCHASE 9208-17-0107
Vendor's performance or non-performance of its obligations, including payment obligations to its
approved subcontractors and suppliers and others, and including or breach of any confidentiality
obligations under the Contract or infringement, actual or alleged of any Canadian, American or other
copyright, moral right, trade-mark, patent, trade secret or other thing with respect to which a right in the
nature of intellectual/industrial property exists.
(2) Upon assuming the defence of any action covered under this sub-article the Vendor shall keep City of
Toronto reasonably informed of the status of the matter, and the Vendor shall make no admission of
liability or fault on City of Toronto's part without City of Toronto's written permission.
Intellectual Property Indemnity
The Vendor shall indemnify and save harmless the City of Toronto, its Mayor, Members of Council,
officers, employees, and agents from and against any losses, liens, charges, claims, demands, suits,
proceedings, recoveries and judgements (including legal fees and costs) arising from infringement,
actual or alleged, by the Quotation, its use or misuse, or by any of the deliverables developed or
provided or supplied under or used in connection with the Services (including the provision of the
Services themselves), of any Canadian, American or other copyright, moral right, trade-mark, patent,
trade secret or other thing with respect to which a right in the nature of intellectual/industrial
property exists.
Employment & WSIB Indemnity
Nothing under this Agreement shall render the City responsible for any employment, benefit or
termination liability (including those under or in connection with the Workplace Safety and
Insurance Act, 1997 or any successor legislation ("WSIA"), whether statutorily required, at common
law or otherwise, resulting from Services supplied under this Agreement by persons employed or
otherwise engaged by the Vendor. In the event that employment related costs, or other related
responsibility falls to the City for any reason whatsoever, the Vendor agrees to indemnify the City
for such costs.
6. No Assignment
The Vendor shall not assign any part of the Contract nor any interest therein without the prior written
consent of the City, which consent shall not be unreasonably withheld. However, such written
consent shall not under any circumstances relieve the Vendor of its liabilities and obligations under
this RFQ and the Contract, including the terms of this RFQ.
7. Subcontractors
(1) The Vendor shall be solely responsible for the payment of every subcontractor employed, engaged, or
retained by it for the purpose of assisting it in the performance of its obligations under the contract. The
Vendor shall coordinate the provision of the Deliverables by its subcontractors in a manner acceptable
to the City, and ensure that they comply with all the relevant requirements of the Contract.
(2) The Vendor shall be liable to the City for all costs or damages arising from acts, omissions,
negligence or willful misconduct of its subcontractors.
8. Personnel and Performance
(1) The Vendor must make available appropriately skilled workers, consultants or subcontractors, as
appropriate, and must be able to provide the necessary materials, tools, machinery and supplies to
fulfill its obligations under the Contract.
31 of 50
Viewing Copy
REQUEST FOR OFFERS TO PURCHASE 9208-17-0107
(2) The Vendor shall be responsible for its own staff resources and for the staff resources of any
subcontractors and third-party service providers.
(3) The Vendor will ensure that its personnel (including those of approved subcontractors), when using
any City buildings, premises, equipment, hardware or software shall comply with all security policies,
regulations or directives relating to those buildings, premises, equipment, hardware or software.
(4) Personnel assigned by the Vendor to provide the deliverables (including those of approved
subcontractors) may also, in the sole discretion of the City, be required to sign confidentiality and
conflict of interest agreement(s) satisfactory to the City Solicitor.
9. Independent Contractor
The Vendor and the City agree and acknowledge that the relationship of the City and the Vendor is one of
owner and independent contractor and not one of employer-employee. Neither is there any intention to
create a partnership, joint venture or joint enterprise between the Vendor and the City.
11. Warranties and Covenants
The Vendor represents, warrants and covenants to the City (and acknowledges that the City is relying
thereon) that any deliverable resulting from or to be supplied or developed under the Contract will be in
accordance with the City’s functional and technical requirements (as set out in the RFQ) and, if applicable,
will function or otherwise perform in accordance with such requirements.
12. Ownership of Intellectual Property and Deliverables
The City will own all intellectual property rights, including (without limitation) copyright, in and to all
deliverables provided by the Vendor and its subcontractors. All information, data, plans, specifications,
reports, estimates, summaries, photographs and all other documentation prepared by the Vendor in the
connection with the provision of the Deliverables under the Contract, whether they be in draft or final
format, shall be the property of the City.
13. Termination Provisions
(1) Upon giving the Vendor not less than 30 days’ prior written notice, the City may, at any time and
without cause, cancel the Contract, in whole or in part. In the event of such cancellation, the City
shall not incur any liability to the Vendor apart from the payment for the Deliverables that have been
satisfactorily delivered or performed by the Vendor at the time of cancellation.
(2) Failure of the Vendor to perform its obligations under the Contract shall entitle the City to terminate
the Contract upon ten (10) calendar days’ written notice to the Vendor if a breach which is remediable
is not rectified in that time. In the event of such termination, the City shall not incur any liability to
the Vendor apart from the payment for the Deliverables that have been satisfactorily delivered or
performed by the Vendor at the time of termination.
(3) All rights and remedies of the City for any breach of the Vendor's obligations under the Contract shall
be cumulative and not exclusive or mutually exclusive alternatives and may be exercised singularly,
jointly or in combination and shall not be deemed to be in exclusion of any other rights or remedies
available to the City under the Contract or otherwise at law.
32 of 50
Viewing Copy
REQUEST FOR OFFERS TO PURCHASE 9208-17-0107
(4) No delay or omission by the City in exercising any right or remedy shall operate as a waiver of them
or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude
any other or further exercise of them or the exercise of any other right or remedy.
14. Liquidated Damages
If the vendor at any time fails to supply all goods or services to the City as specified within the Contract, or
fails to replace goods or services rejected by the City, then the City shall be permitted to procure such goods
or services elsewhere and charge any additional costs incurred by the City to the vendor as liquidated
damages, unless otherwise specified, and deduct such amounts from payments due to the vendor or to
otherwise collect such costs from the vendor by any other method permitted by law.
15. Right to Retain Monies
The City shall have the right to retain out of monies payable to the vendor under the Contract the total
amount outstanding for time to time of all claims arising out of the default of the vendor of its obligations to
the City. This shall include claims pursuant to this or any other contract or cause of action between the
vendor and the City which have not been settled between the City and the vendor.
16. Occupational Health and Safety
(1) The Vendor shall comply with all federal, provincial or municipal occupational health and safety
legislative requirements, including, and without limitation, the Occupational Health and Safety Act,
R.S.O., 1990 c.0.1 and all regulations thereunder, as amended from time to time (collectively the
"OHSA").
(2) Nothing in this section shall be construed as making the City the "employer" (as defined in the
OHSA) of any workers employed or engaged by the Vendor for the Work, either instead of or jointly
with the Vendor.
(3) The Vendor agrees that it will ensure that all subcontractors engaged by it are qualified to perform the
Work and that the employees of subcontractors are trained in the health and safety hazards expected
to be encountered in the Work.
(4) The Vendor acknowledges and represents that:
a) The workers employed to carry out the Work have been provided with training in the hazards of the
Work to be performed and possess the knowledge and skills to allow them to work safely;
b) The Vendor has provided, and will provide during the course of the agreement, all necessary
personal protective equipment for the protection of workers;
c) The Vendor’s supervisory employees are competent, as defined in the OHSA, and will carry out their
duties in a diligent and responsible manner with due consideration for the health and safety of
workers;
d) The Vendor has in place an occupational health and safety policy in accordance with the OHSA; and
e) The Vendor has a process in place to ensure that health and safety issues are identified and addressed
and a process in place for reporting work-related injuries and illnesses.
(5) The Vendor shall provide, at the request of the General Manager or his designate, the following as
proof of the representations made in paragraph d(i) and d(iv):
a) documentation regarding the training programs provided or to be provided during the Work (i.e.
types of training, frequency of training and re-training); and
33 of 50
Viewing Copy
REQUEST FOR OFFERS TO PURCHASE 9208-17-0107
b) the occupational health and safety policy.
(6) The Vendor shall immediately advise the General Manager or his designate in the event of any of the
following:
a) A critical injury that arises out of Work that is the subject of this agreement;
b) An order(s) is issued to the Vendor by the Ministry of Labour arising out of the Work that is the
subject of this agreement;
c) A charge is laid or a conviction is entered arising out of the Work that is the subject of this
agreement, including but not limited to a charge or conviction under the OHSA, the Criminal Code,
R.S.C 1985, c. C-46, as amended and the Workplace Safety and Insurance Act, 1997, S.O. 1997, c.
16, Sched. A, as amended.
(7) The Vendor shall be responsible for any delay in the progress of the Work as a result of any violation
or alleged violation of any federal, provincial or municipal health and safety requirement by the
Vendor, it being understood that no such delay shall be a force majeure or uncontrollable
circumstance for the purposes of extending the time for performance of the Work or entitling the
Vendor to additional compensation, and the Vendor shall take all necessary steps to avoid delay in the
final completion of the Work without additional cost to the City.
(8) The parties acknowledge and agree that employees of the City, including senior officers, have no
authority to direct, and will not direct, how employees, workers or other persons employed or
engaged by the Vendor do work or perform a task that is the subject of this agreement.
17. Workplace Safety and Insurance Board
The Vendor shall secure, maintain and pay all costs for Workplace Safety and Insurance Board ("WSIB")
workers’ compensation coverage for its employees providing Services under this contract, whether required
statutorily or not under the Workplace Safety and Insurance Act, 1997.
The Vendor represents and warrants that it shall be in good standing with the WSIB throughout the Term of
this Contract. Prior to supplying the Services and prior to receiving payment, the Vendor shall produce a
Clearance Certificate issued by the WSIB confirming that the Vendor has paid its assessment based on a
true statement of the amount of its current payroll in respect of the Services and that the City is relieved of
financial liability. Thereafter, throughout the period of Services being supplied, a new Clearance Certificate
will be obtained from the WSIB by the Vendor and provided to the City every 90 days or upon expiry of the
Certificate's validity period whichever comes first.
The Vendor shall ensure that any and all persons, including but not limited to volunteers, students,
subcontractors and independent contractors, providing services under this Contract have secured WSIB
coverage, whether required statutorily or not, for the term of this Contract.
18. Accessibility Standards for Customer Service Training Requirements
The Vendor shall require all applicable personnel (including those of its subcontractors) to fulfill the training
requirements set out in the City's policy on Accessible Customer Service Requirements for Contractors,
Consultants and other Service Providers.
34 of 50
Viewing Copy
REQUEST FOR OFFERS TO PURCHASE 9208-17-0107
19. City of Toronto – Invoice/Billing Requirements
To assist in prompt payment, it is essential that all required billing information is provided on the invoice
submitted to the City of Toronto. If billing information is missing from an invoice it will result in a
payment delays.
It is the Vendor's responsibility to submit accurate invoices for goods /services delivered to the City of
Toronto divisions. If an inaccurate invoice (ie: but not limited to, pricing, quantity or services provided)
is submitted, the Vendor will be requested to issue a credit note and submit a new invoice. If the invoice
in question offered an early payment discount, the re-issue date of the new invoice will be used to
calculate the early payment discount terms.
19.1 Standard Invoices:
1) Original hardcopy vendor invoices must be addressed and sent DIRECTLY to:
City of Toronto
Accounting Services Division
Corporate Accounts Payable
55 John Street
14th Floor, Metro Hall
Toronto, ON
M5V 3C6; or
2). Electronic Invoices
To support an electronic payable environment, the City of Toronto Corporate Accounts Payable unit will
accept electronic vendor invoices submitted via email to [email protected] . Electronic invoices
submitted must be in a PDF format with either single or multiple invoice(s) per attachment.
Note: Do not send statements or past due invoices to this email address, only current invoices will
be accepted. Do not send hard copy invoices to Corporate Accounts Payable if you have submitted
an electronic invoice. If you have any questions regarding this process, please contact AP Customer
Service at 416-397-5235 and follow the prompts.
3) Invoice/s submitted to the City of Toronto must have complete ship to information including:
I. Name of City Division,
II. The City Division’s contact name and phone number (the person ordering or picking up
the goods and/or services),
III. Delivery location of goods and/or services (excluding pick-up order),
IV. Purchasing document information on the invoice (blanket contract number, contract
release order number (CRO) purchase order (PO) or Divisional Purchase Order (DPO)
must be clearly indicated on the invoice.
V. Complete "Remit To" address is required on all submitted vendor invoices
35 of 50
Viewing Copy
REQUEST FOR OFFERS TO PURCHASE 9208-17-0107
A purchasing document number must be provided by City Staff at time of order for goods or
services.
4) City purchases with the use of a credit card/PCard, are NOT to be sent to Corporate Accounts Payable.
These invoices are considered paid.
5) Vendors are encouraged to provide packing slips and/or goods receipt confirmations directly to the
ordering Division for goods/services delivered.
6) Vendors are to provide backup documentation directly to the ordering Division, not Corporate
Accounts Payable.
19.2) Construction Contracts & Consultant Assignments related to Capital Projects – With a
Holdback only.
Invoices related to an approved capital project with a holdback and managed by a Contract Administrator
(CA) must be forwarded to the CA for review and approval. Billing requirement direction will be
provided by the contract custodian or city divisional designate prior to the start of the Contract.
1) All invoices must be addressed and sent DIRECTLY to:
Contract Administrator
City of Toronto
Address
Contact Info: Phone #, E-mail address
Note: Contact Information of respective CA will be provided in writing, prior to the start of the contract.
2) Invoice/s submitted to the City of Toronto Contract Administrator must have complete information
including:
I. Contract/Project Number
II. Name of City Division and Contract Administrator
III. Vendor Number
IV. Vendor Name and address
V. The City Division’s contact name and phone number (the person ordering or picking up
the goods and/or services),
VI. Description of work/ Project Name
VII. Location of work
VIII. Bill through Dates(Work Done): from and to
IX. Invoice Date
X. Sub-total Amount: Excluding all taxes
XI. Total Invoice Amount; Including all taxes
36 of 50
Viewing Copy
REQUEST FOR OFFERS TO PURCHASE 9208-17-0107
Purchasing document information on the invoice (blanket contract number, contract release order number
(CRO) purchase order (PO) or Divisional Purchase Order (DPO), must be clearly indicated on the
invoice. (*This purchasing number should be provided by City staff at the time of order*)
37 of 50
Viewing Copy
38 of 50
Viewing Copy
39 of 50
Viewing Copy
40 of 50
Viewing Copy
41 of 50
Viewing Copy
42 of 50
Viewing Copy
Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy
Organizations/individuals in Ontario, including the City of Toronto, have obligations under the Ontario Human Rights Code, the Occupational Health and Safety Act, the Employment Standards Act, the Accessibility for Ontarians with Disabilities Act, the Criminal Code of Canada and the Charter of Rights and Freedoms. In addition, the City of Toronto also has policies that prohibit discrimination on the additional grounds of political affiliation or level of literacy, subject to the requirements of the Charter. Organizations are required to have and post policies, programs, information, instruction, plans and/or other supports, and an appropriate internal process available to their employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints under the applicable legislation and including the additional grounds of discrimination prohibited under City policy. Individuals are obliged to refrain from harassment/hate activity. The City of Toronto requires all organizations and individuals that contract with the City to sign the following Declaration of Compliance with Anti-Harassment/Discrimination Legislation & City Policy. This Declaration must be signed by your organization and submitted with the contract or Letter of Understanding. The name of your organization and the fact that you have signed this declaration may be included in a public report to City Council.
Declaration:
I/we uphold our obligations under the above provincial and federal legislation. In addition, I/we uphold our obligations under City policies which prohibit harassment/discrimination on a number of grounds including political affiliation and level of literacy. WHERE LEGALLY MANDATED I/we have in place the necessary policies, programs, information, instruction, plans and/or other supports that are consistent with our obligations, and I/we have an internal process available to my/our employees and service recipients to prevent, address and remedy discrimination, racism, harassment, hate and inaccessibility complaints. I/we agree that I/we shall, upon the request of the City, provide evidence of the policies, programs, information, instruction, plans and other supports and an appropriate internal complaint resolution process required under this Declaration which is sufficient to allow the City to determine compliance. I/We acknowledge that failure to demonstrate compliance with this declaration to the satisfaction of the operating Division, in consultation with the City Solicitor, may result in the termination of the contract. Name of Vendor or Name of Grant Applicant (Organization or Individual): Complete Address: Email _____________________________ Tel. No. ____________________________ Postal Code: Fax No. ____________________________ Name of Signing Officer or Name of Applicant (Name – please print): Position
Signature: Date: Authorised Signing Officer or Individual
Multilingual Services: 311 and TTY 416-338-0889.Further information: www.toronto.ca/diversity.ca
Gro
up/V
endo
r/Ind
ivid
ual N
ame:
D
ate:
For O
ffice
Use
Onl
y D
EC
LA
RA
TIO
N O
F C
OM
PL
IAN
CE
WIT
H A
NT
I-H
AR
AS
SM
EN
T/D
ISC
RIM
INA
TIO
N L
EG
ISL
AT
ION
& C
ITY
PO
LIC
Y
43 of 50
Viewing Copy
Toronto City Hall
REQUEST FOR OFFERS TO PURCHASE
NUMBER: 9208-17-0107 ISSUED: 1/17/2017 CLOSING 12 NOON ON
REFER TO: Ted Justin, 416 338-5578 REQ. # Email 2/2/2017
FOR: Solid Waste Management Services
Appendix C
Item (1) – PPI Pulp and Paper Week - OBM example
Item (2) – Bank of Canada exchange rate – example
Item (3) – Letter of Credit template provided
44 of 50
Viewing Copy
45 of 50
Viewing Copy
FINANCIAL MARKETS DEPARTMENT
MONTHLY AVERAGE OF EXCHANGE RATES
Ottawa, December 2016, Average of 20 days
Country Monetary Unit Present Value in CanadianCurrency
Argentina Peso 0.08404
Australia Dollar 0.9799
Bahamas Dollar 1.3329
Brazil Real 0.3970
Chile Peso 0.002003
China Renminbi 0.1926
Colombia Peso 0.000444
Communauté Financière Africaine Franc 0.002143
Comptoirs Français du Pacifique Franc 0.01178
Croatia Kuna 0.1864
Czech Republic Koruna 0.05200
Denmark Krone 0.1891
East Caribbean Dollar 0.4955
Europe Euro 1.4060
Fiji Dollar 0.6326
Ghana Cedi 0.3150
Guatemala Quetzal 0.1718
Honduras Lempira 0.05750
Hong Kong Dollar 0.171797
Hungary Forint 0.004498
Iceland Krona 0.01183
India Rupee 0.01966
Indonesia Rupiah 0.000100
Israel New shekel 0.3481
Jamaica Dollar 0.01033
Japan Yen 0.01150
Malaysia Ringgit 0.2990
Mexico Peso 0.06505
Morocco Dirham 0.1319
Myanmar (Burma) Kyat 0.00099
1 / 2
46 of 50
Viewing Copy
Netherlands Antilles Guilder 0.7479
New Zealand Dollar 0.9389
Norway Krone 0.1558
Pakistan Rupee 0.01272
Panama Balboa 1.3329
Peru New sol 0.3924
Philippines Peso 0.02679
Poland Zloty 0.3169
Romania New leu 0.3112
Russia Ruble 0.02153
Serbia Dinar 0.01139
Singapore Dollar 0.9287
South Africa Rand 0.09631
South Korea Won 0.001127
Sri Lanka Rupee 0.008938
Sweden Krona 0.1448
Switzerland Franc 1.3080
Taiwan New Taiwan dollar 0.04166
Thailand Baht 0.03725
Trinidad & Tobago Dollar 0.1981
Tunisia Dinar 0.5769
Turkey Lira 0.3811
United Arab Emirates Dirham 0.3629
United Kingdom Pound 1.66507500
United States Dollar 1.33293500
Venezuela Bolivar fuerte 0.1333
Vietnam Dong 0.000059
Nominal quotations based on official parities or market rates in terms of United States dollars, converted into Canadiandollars around noon Ottawa time.
2 / 2
47 of 50
Viewing Copy
Template 1A
(PRINTED ON BANK LETTERHEAD)
IRREVOCABLE STANDBY LETTER OF CREDIT
Beneficiary:
City of Toronto
Issue Date:
Letter of Credit Number:
Credit Amount (Canadian
Funds):
Initial Expiry Date:
(12 months following
issue date)
We hereby authorize you, the City of Toronto, to draw on (Bank name, address and branch)
(the “Bank”) for the account of (customer name and address)_ , (the “Customer”) up to
an aggregate amount of $ Canadian Dollars (the “Credit Amount”) available on demand
up to _______(date)______ (the “Initial Expiry Date”) or a subsequent anniversary date,
and is hereby given to you pursuant to an agreement between the City of Toronto, and (name of
customer) with respect to the security for Solid Waste Management (name of goods and OTP
No.), dated ______________ (the "Agreement")."
Pursuant to the request of the Customer, the Bank hereby establishes in your favour and gives to
you a Standby Irrevocable Letter of Credit in the Credit Amount on which you may draw in
whole or in part at any time and from time to time, subject to the terms herein.
A drawing under this Letter of Credit shall be made by you presenting to the Bank, at the address
noted below, a demand in writing authorized by the City Treasurer or delegate.
Partial drawings are permitted.
Upon receipt of said demand, the Bank shall pay to you the amount stated in the demand,
to be payable to you without inquiring whether you have a right as between yourself and
the Customer to make such demand, and without recognizing any claim of the Customer or
objection by the Customer to payment by the Bank.
This Letter of Credit will continue up to the Initial Expiry Date but shall be subject to the
condition that it shall be deemed to be automatically extended without amendment for one year
from the present or any future expiration date hereof, unless 30 days prior to any such expiration
48 of 50
Viewing Copy
date the Bank notifies you by notice in writing delivered to the City of Toronto at the address
noted below by registered mail that it shall not renew this Letter of Credit for any such additional
period. Upon receipt by you of such notice, you may draw hereunder, for the available balance
of this Letter of Credit by presenting a written demand together with confirmation that the
amounts drawn will be retained and used by you to meet obligations incurred or to be incurred in
connection with the Agreement. The demand must be authorized by the City Treasurer or
delegate.
Bank Name: _________________________ Countersigned:_______________________
Address: _________________________ Countersigned:_______________________
ADDRESS FOR NOTICE
1. NOTICE TO BANK
(bank to insert full address and contact information)
2. NOTICE TO CITY OF TORONTO
City of Toronto
Corporate Finance Division, Capital Markets
City Hall, 7th Floor, East Tower
100 Queen Street West
Toronto, Ontario, M5H 2N2
G:\LEG\PLN\Kmcnabn\Development review matters\Finance matters\financial security business process\Final Process\Template 1A Letter of Credit precedent for
other than site plan matters Nov 2012.doc
49 of 50
Viewing Copy
Toronto City Hall
NOTICE OF "NO BID"
QUO.#: 9208-17-0107
CLOSING DATE: February 2, 2017
IMPORTANT - PLEASE READ THIS It is important to the City to receive a reply from all invited bidders. There is no obligation to submit a quotation; however, should you choose not to bid, completion of this form will assist the City in determining the type of goods or services you are interested in bidding on in the future.
INSTRUCTIONS: If you are unable, or do not wish to bid on this quotation, please complete the following portions of this form. State your reason for not bidding by checking applicable box(es) or by explaining briefly in the space provided. It is not necessary to return any other quotation documents. Return the completed form prior to the official closing date. 1. We do not manufacture/supply this commodity Other reasons or additional comments
2. We do not manufacture/supply to this specification
3. Unable to quote competitively
4. Cannot handle due to present plant loading
5. Quantity/job too large
6. Quantity/job too small
7. Cannot meet delivery/completion requirements 8. Agreements with distributors/dealers do not permit us
to sell direct
9. Licensing restrictions
Yes No
Do you wish to bid on these goods/services in the future?
For City's use only - Do not write in this space
Company Name:
Address:
Signature of Company Representative:
Position:
Date: Tel. No.:
50 of 50
Viewing Copy