Toronto Transit Commission
Instructions to Tenderers Request For Tender (Revised August 2012) Page 1 of 2
TITLE: SUPPLY OF WASTE REMOVAL AND DISPOSAL SERVICES FOR UP TO A TWO YEAR TERM
TENDER NO: T31BE13226 ISSUE DATE: DECEMBER 6. 2013
Your firm is hereby invited to submit a Tender to the Toronto Transit Commission for the above
stated referenced requirement as specified in this Request for Tender (RFT).
INSTRUCTIONS TO TENDERERS
1 Tender Submission - The Tenderer shall complete the Tender Form including the Tender Form Price Schedule(s) and submit it in a sealed envelope with the label included as ‘Appendix A’ affixed to the front of the envelope. The Tenderer shall not show its name on this envelope. The Tenderer shall be responsible for ensuring it reviews and understands the Instructions to Tenderers, General Conditions, applicable Supplementary Conditions and Specifications, which form this Request for Tender. Sealed Tenders addressed as follows, will be received by the TTC at the 1st Floor Reception Desk until 10:00 a.m. Toronto time on MONDAY JANUARY 6, 2O14:
ATTENTION: HEAD – TTC SERVICES DEPT. 1900 YONGE STREET TORONTO, ONTARIO M4S 1Z2
Any Tender received late according to the TTC’s clock will not be considered and will be returned to the respective Tenderer. Faxed or e-mailed Tenders will not be considered.
The Tenderer is solely responsible to ensure that the Tender submission is delivered to the address indicated above. The TTC will not be responsible to redirect any submissions delivered in error to any other of the TTC's properties.
1.1. Tender Results - The public opening of Tenders will take place in the TTC’s Offices, 1900 Yonge Street, 15 minutes after the Tender closing time. Interested parties are invited to attend and should assemble in the lobby after the Tender closing and they will be escorted to the room for the Tender opening by TTC staff. Only total Tender prices will be revealed at the opening. Tender responses and following the award, the name(s) of the successful Tenderer(s) along with the award value(s) are available on the Materials & Procurement website at www.ttc.ca under ‘Business with the TTC’.
2 Tender Inquiries - All inquiries or requests for information during the Tender period shall be directed to the Buyer by E-mail at [email protected] or Facsimile No. (416) 537-0385 or Phone No. (416) 393-4728.
3 Lobbying -
.1 Anyone who “Lobbies” (as defined in the City of Toronto Municipal Code, Chapter 140) or is expected to Lobby a Member of the TTC Board (i.e. Commissioner), their staff, or any TTC officer or employee must comply with the requirements as set out in the City of Toronto Municipal Code, Chapter 140 – Lobbying). For the purposes of Chapter 140 of the City of Toronto Municipal Code, the TTC Board is a “local board (restricted definition)”. For further information please see City of Toronto Web site at www.toronto.ca/lobbying.
.2 Failure to comply with the requirements of Chapter 140 of the City of Toronto Municipal Code, may, in the TTC’s sole discretion, be considered in the evaluation of the Tenderer’s current or future tender/proposal submissions and award of the current or future contracts. The TTC reserves the right, at it sole discretion, to not award a contract to a Tenderer who has failed to comply with the requirements of Chapter 140 of the City of Toronto Municipal Code.
4 Addenda - During the Tender period, any change to the Request for Tender will be made by the issuance of an addendum. For a Tender that is posted on our website, addenda will be posted electronically on the website. It is the Tenderer’s responsibility to monitor the website to ensure they have received all the addenda issued up until the Tender closing. For a Tender that is issued via e-mail, courier or fax, addenda will also be emailed, couriered or faxed to the Tenderer. Addenda will be issued in the form of complete replacement pages and will refer to the addendum number at the bottom of the page. The Tenderer shall note in the Tender Form the number of addenda received during the Tender period, to acknowledge that the contents form part of its Tender. No oral interpretations, clarification or change shall modify any of the conditions to this Request for Tender.
5 Pricing - Unless specifically shown to the contrary, Tender prices shall be considered firm, in Canadian funds, and inclusive of all applicable costs, all applicable federal taxes (including but not limited to GST and HST which has been passed into legislation and is effective July 1, 2010) and duties and all applicable Ontario provincial taxes, either in force or announced prior to the Tender closing, even if the effective date is subsequent to the Tender closing, allowances, freight, and including fees for applicable permits, approvals and notices, with the exception of permits identified in the Specifications as being supplied by the TTC. Tenderers should note in the Tender Form if it has provided pricing for all items (Complete Tender) or not (Partial Tender). When pricing is requested is for more than one item, the TTC reserves the right to award all or any portion of the Work to one or more Tenderers at the Tendered prices as specified in the Tender Form.
Toronto Transit Commission
Instructions to Tenderers Request For Tender (Revised August 2012) Page 2 of 2
6 Alternatives - Only Tender submissions for the specified product, manufacturer part number or TTC drawing will be considered for this Request for Tender. The Tenderer may submit an alternative in addition to the specified product, manufacturer part number or TTC drawing for review and acceptance by the TTC for a future Tender request. The Tenderer shall clearly identify any alternative(s) and provide specific technical details in its Tender if it wishes the TTC to consider its alternative in the future.
7 Tender Evaluation and Acceptance - No Tender may be withdrawn after the Tender closing date and time, until expiration of the Tender Validity specified in the Tender Form. The Tenderer shall accept all terms and conditions of the Request for Tender unless explicitly excepted or qualified in its Tender. Taking any exception to the Request for Tender may render the Tender unacceptable. Any errors or inconsistencies in the Tender shall be subject to the interpretation of the TTC. A list of common “Bid Irregularities” and the action that will be taken by the TTC is available on the Materials and Procurement website at www.ttc.ca under ‘Selling to the TTC’. The TTC’s right to accept or reject any Tender, whether or not it conforms with the Request for Tender or to cancel the Request for Tender at any time prior to the award of a Contract is expressly reserved without liability to the TTC.
8 Municipal Freedom of Information and Protection of Privacy Act - A Tender submitted to the TTC shall become the property of the TTC and is therefore, subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act. Tenderers are responsible for familiarizing themselves with the provisions of this Act.
9 Work Performance - The TTC during the term of a contract maintains a record of the performance of the Company completing work for the TTC and this information may be shared with the City of Toronto. The past performance of Tenderers in completing contracts for the TTC will be considered and the TTC reserves the right to reject any Tender submitted by a Tenderer with an unsatisfactory performance rating.
10 Submission Requirements - In order to aid the TTC in determining the capability of Tenderers, each Tenderer shall submit the following as noted below:
.1 Mandatory Requirements - The following information must be submitted with the Tenderer’s Tender:
.1 A signed copy of the Tender Form including:
• Tenderer’s name and address. • A hard copy of the Price Schedule including Tender pricing and delivery lead time, as appropriate. • Acknowledge that any Addenda issued by the TTC form part of the Tenderer’s Tender. • Signature of the Tenderer.
2 A list of users, completed on Document 0422 – LIST OF SIMILAR CONTRACTS AWARDED OR COMPLETED - for whom the Proponent has completed similar work in the last three years, a description of the work and the approximate contract value of the work.
11 Information to be Submitted after Tender CIosing - Submit the following within two (2) working days (as applicable), if requested by the TTC after closing of the Tender:
.1 Evidence of the Tenderer’s Federal GST and Provincial ORST tax registration numbers. .2 Written confirmation that the Tenderer warrants and represents that it is fully approved by all authorities having jurisdiction, including the Ministry of the Environment (MOE), to perform the Work. .3 Written confirmation that the Tenderer warrants and represents that its approvals are valid and covenant to immediately inform the TTC if suspended, revoked, amended or expired. .4 Copies of any orders issued by the MOE in the past 7 years. .5 Copies of all Environmental Compliance Approvals (formerly known as Certificates of Approval) issued by the MOE applicable to the Work, including Approvals for transport (Carrier) and disposal (Receiver).
.6 The information required under 1-5 above for any Subcontractors. .7 Identification and address(es) of the Receiving Facilities the Proponent plans to use to dispose of the materials collected under the Contract and MOE approvals for the same.
.8 A list of any subcontractors, if applicable who may be retained to perform work associated with the requirements of the Tender identifying the portion of the Work they will be responsible for and their qualifications and experience relative to the Work being requested. Toronto Transit Commission
Instructions to Tenderers Request For Tender (Revised August 2012) Page 3 of 2
APPENDIX A
PLEASE CUT-OUT AND AFFIX THIS ADDRESS LABEL TO THE ENVELOPE CONTAINING YOUR SUBMISSION.
TO: TORONTO TRANSIT COMMISSION
TENDER NO.: T31BE13226
TITLE: SUPPLY OF WASTE REMOVAL AND DISPOSAL SERVICES FOR UP TO A TWO YEAR TERM
CLOSING: 10:00 A.M. TORONTO TIME on MONDAY JANUARY 6, 2014
ATTENTION: HEAD – TTC SERVICES DEPT. TORONTO TRANSIT COMMISSION 1900 YONGE STREET TORONTO, ONTARIO M4S 1Z2
NOTE:
THE TORONTO TRANSIT COMMISSION CANNOT BE HELD RESPONSIBLE FOR DOCUMENTS SUBMITTED IN ENVELOPES THAT ARE NOT LABELLED IN ACCORDANCE WITH THE ABOVE INSTRUCTIONS.
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE BUYER REFERENCED IN THE INSTRUCTIONS TO TENDERERS.
Toronto Transit Commission
Tender Form Request For Tender (Revised August 2012) Page 1 of 2
TITLE: SUPPLY OF WASTE REMOVAL AND DISPOSAL SERVICES FOR UP TO A TWO YEAR TERM
TENDER NO: T31BE13226
TO: TORONTO TRANSIT COMMISSION
1 Declaration –
We, (COMPANY NAME, TENDERER)
(ADDRESS)
(TELEPHONE NO. INCLUDING AREA CODE, FAX NO., AND E-MAIL ADDRESS - if available) declare that we have carefully examined the Instructions to Tenderers, General Conditions, applicable Supplementary Conditions and Specifications and all addenda and do hereby accept the same as part and parcel of the Contract: a) That the shareholders or partners of the company indicated above are the only persons interested in this Tender, and no other person has any interest in this Tender, or in the Contract proposed to be taken; b) That our Tender is made without any knowledge, comparison of figures, or arrangements with any other party or parties making a Tender for the same Work and is, in all respects, fair and made without collusion or fraud; c) That no member of the City of Toronto Council or Commissioner of the Toronto Transit Commission, or any officer or employee of the City of Toronto or of the Toronto Transit Commission is or shall become interested, directly or indirectly, as a contracting party, partner or otherwise in, or in the performance of the Contract or in the supplies, work or business to which it relates, or in any portion of the profits thereof, or of any such supplies to be used therein, or in any of the monies to be derived therefrom. d) That we are in compliance with the City of Toronto Municipal Code, Chapter 140 - Lobbying. 2 Offer - We hereby offer to supply the Work as specified within the Request for Tender, at and for the prices as detailed in the following Tender Form - Price Schedule (Appendix 1), in Canadian funds which includes all applicable taxes, freight, duties, brokerage charges and all other costs. The F.O.B. point shall be Destination except as otherwise explicitly stated in the Tender Form- Price Schedule. 3 Receipt of Addenda – We agree that this Tender includes addenda no. to inclusive as issued by the TTC during the Tender period. It is the Company’s responsibility to monitor the website to ensure they have all the addenda issued. 4 Statement of Compliance - We have submitted our Tender in accordance with the Submission Requirements as per Section 10 of the Instructions to Tenderers and agree to provide any additional information required as per Section 11 after the Tender closing and further we agree to accept and will comply with all terms and conditions of the Request for Tender. 5 Tender Validity – We agree that this Tender is valid for a period of ninety (90) calendar days from the date of closing of Tenders and that the TTC may at any time within the said period accept this Tender whether or not any other Tender has been previously accepted. 6 Signature - Dated this day of Month/Year
Per: (Signature) Name:
Title: I/We have authority to bind the Corporation.
1. We do not manufacture to this specification/supply these 5. Agreements with distributors/dealers do not permit us to sell
goods. direct/licensing restrictions. 2. Cannot handle due to present plant loading/meet 6. Unable to Tender competitively/cannot Tender a firm price at
delivery/completion requirements. this time. 3. Quantity/job too large/too small.
7. Other (please specify):
4. Insufficient time to prepare a Tender.
Toronto Transit Commission
Tender Form - Price Schedule APPENDIX 1 Request For Tender (Revised August 2012) Page 2 of 2
TITLE: SUPPLY OF WASTE REMOVAL AND DISPOSAL SERVICES FOR UP TO A TWO YEAR TERM
TENDER NO.: T31BE13226
Estimated Item Unit of Year 1 Year 1 Year 2 Year 2 Subtotal Yearly Description No. Measure Unit Price Extended Price Unit Price Extended Price (per item) Quantity 1 1000 Tonne Removal and Disposal of General Construction Waste – 40 yard and 20-yard bins – (approximately 100 pick-ups per year)
2 150 Tonne Segregation, removal and recycling or disposal of clean wood (approximately 40 pick-ups per year) 3 140 Each Lift/Pickup charge for 40-yard and 20-yard roll-off bins for disposal of general construction waste or wood waste. 4 150 Tonne Removal and Disposal of Concrete Waste (approximately 20 pick-ups per year) 5 20 Each Lift/Pickup charge for 14-yard bins for concrete waste (estimated 20 lifts per year)
6 NA Tonne Removal and disposal of contaminated soil (‘all-in’ rate to deliver roll-off bin, remove full bin and dispose of the soil)
7 NA Tonne Removal and disposal of clean soil (‘all-in’ rate to deliver roll-off bin, remove full bin and dispose of the soil)
8 NA Tonne Disposal of creosote-treated railway ties
9 NA Each Lift/pickup charge for bins for disposal of railway ties.
Instructions to Tenderers: If the Extended Price for an item does not agree with the extension of a Tender quantity and the Tendered unit price, the unit Subtotal price shall govern and the Extended Price and Total Tender Price shall be corrected accordingly. Any errors or inconsistencies in the Tender shall be subject to the interpretation of the TTC. Wood bins may contain other construction waste. Wood surface may also contain non-hazardous construction materials such as concrete forming residue. Total HST @ 13% Contamination is defined as being any waste other than the specified commodity, including but not limited to “Subject Waste” as per MOE Ontario Regulation 347. Pickup driver to notify TTC staff of contamination prior to removal for TTC acknowledgement and authorized sign off. Tenderers must bid on all items contained within the Price Schedule in order to be considered for award. Total Tendered Price (Complete Tender) Toronto Transit Commission Document 00422 Request No.: T31BE13226 LIST OF SIMILAR CONTRACTS AWARDED OR COMPLETED (Within the Last 3 Years) Page 1
1. Contract Work Description
Contract Value
Name of Owner
Contact Name Telephone No.
Contract Duration
Date Completed
2. Contract Work Description
Contract Value
Name of Owner
Contact Name Telephone No.
Contract Duration
Date Completed
3. Contract Work Description
Contract Value
Name of Owner
Contact Name Telephone No.
Contract Duration
Date Completed
Toronto Transit Commission
General Conditions (GC's) Standard Supply Contract (Revised August 2012) Page 1 of 3
1 Definitions: The following definitions or pronouns in place thereof, shall apply to all Contract Documents and references to the singular throughout the Contract Documents shall be considered to include the plural and vice versa as the context requires.
a) TTC - Toronto Transit Commission g) Supplier - The Tenderer to whom the TTC has awarded the Contract, b) TTC’s Representative: the individual designated from time to time by the its successors or assignees. TTC, to exercise such power, authority or discretion as is required under h) Sub-Supplier – Any individual, firm, partnership or corporation to the Contract. whom the Supplier has sublet all or any part of the Work. c) Contract - The agreement entered into by the TTC and the Supplier as set i) Tender - The written offer of a Tenderer to perform the Work. out in the Contract Documents. j) Work or Works - The whole or any part thereof, of the product, matter d) Contract Documents – Shall consist of Purchase Order Amendment(s), or things to be supplied as required by the Contract. Purchase Order (P.O.), addenda, Supplementary Conditions (if applicable), k) City: The City of Toronto. General Conditions, Specifications and the Supplier’s Tender which shall l) ABCC: means the City or an Agency, Board, TTC or Corporation of take precedence in the order in which they are named. the City. Each ABCC has its own relationship with the City and e) FOB - The point at which title for the Work passes. The FOB point does not administers important services to the residents of the City. relieve the Supplier of its responsibility for delivery as applicable as set out in the P.O. f) Specifications: the printed description including part number, instructions or drawings pertaining to the Work to be supplied and its performance. 2 Laws to be Observed: The Supplier shall comply with the laws, statutes, regulations and by-laws of Canada, the Province of Ontario and Municipalities that are applicable in the performance of the Work. The Contract shall be governed by and interpreted in accordance with the laws of the Province of Ontario. 3 Acknowledgement of Purchase Order - The Supplier shall be deemed to have accepted the P.O. as written, unless the TTC is otherwise advised in writing within 7 calendar days from the date the P.O. is issued. 4 Assignment: The Supplier shall not be permitted to assign the Contract or any portion thereof without the prior written approval of the TTC. Such approval may be withheld for any reason at the sole discretion of the TTC. 5 Sub-Suppliers: The Supplier agrees that it is fully responsible to the TTC for the acts and omissions of its Sub-Suppliers and of persons either directly or indirectly employed by them, as the Supplier is for the acts and omissions of persons directly employed by it. 6 Taxes and Duties: Unless specifically stated otherwise in the P.O., any pricing in the Contract shall be inclusive of all applicable Canadian federal taxes under the Excise Tax Act including G.S.T. and duties applicable under the Customs Act and all sales tax under the Ontario Retail Sales Tax Act that is either in force or announced prior to the Tender closing, even if the effective date is subsequent to the Tender closing. If a change in sales tax or duty payable is announced subsequent to the Tender closing, any change in the tax or duty payable resulting therefrom shall be the responsibility of the TTC. The Supplier shall provide the TTC with sufficient documentation to permit a determination of the resulting change at no cost to the TTC. 7 Indemnification: The Supplier shall hereby assume the defense of, fully indemnify and hold harmless the TTC, its Engineer, consultants, agents and employees in respect of the amount of any claim, demand, loss, cost, expense (including reasonable legal expenses), action, suit, proceeding, liability, fine, penalty, interest, payment or damage by whomsoever (including, without limitation, the TTC) which is made, sustained, brought or prosecuted in any manner based upon, occasioned by or attributable to any breach of the Contract by the Supplier, or to any wilful misconduct, fault, or negligent act or omission of the Supplier or any person, agent, consultant, firm or corporation for whose acts the Supplier is liable at law (collectively referred to as "Claims"). Further, the Supplier shall pay any amount of Claims incurred by the TTC on account of any injuries, including death or damages, received or sustained by any persons or property and if it fails to do so, the TTC may pay such Claims and deduct the amount thereof from any monies due, or to become due, to the Supplier, or otherwise recover such amounts or any balance thereof from the Supplier. Notwithstanding anything to the contrary contained in the Contract, in no event shall either party be liable to the other party for any consequential damages, including, but not limited to, claims for loss of profit or reputation. 8 Amendments: The TTC may make changes to the Work without invalidating the Contract by altering, adding to or deducting from the Work in the Contract. An amendment to the Contract shall not be binding upon the TTC unless it is in writing and signed by the Buyer/Contract Administrator or a duly authorized TTC Representative. 9 Quality of Materials: The Supplier shall furnish new material, which shall be free from impurities, defects, and imperfections impairing strength, durability and appearance. Materials shall be of good commercial quality in accordance with the Specifications for the intended purpose(s), with structural properties to withstand the strains and stresses to which they will be subjected in normal service. Notwithstanding any prior inspection or review, only materials conforming to the requirements of the Specification shall be incorporated into Work under this Contract. Material that has been shipped but which is found by the TTC not to be in conformance with the Contract Documents must be clearly marked to that effect by the Supplier, to ensure that it will not again be shipped to the TTC under this or subsequent contracts until such material is corrected or replaced with acceptable material. 10 Substitution: The Supplier shall not be permitted to supply a substitute for the Work specified in the Contract without the prior written approval of the TTC. Such approval shall be at the sole discretion of the TTC's Representative. 11 Inspection: The TTC reserves the right to inspect the Work at any reasonable time prior to shipment upon 48 hours prior notice to the Supplier and in such event, the Supplier agrees to provide access to the TTC’s inspector. 12 Delivery and Shipping Instructions: The Supplier shall be responsible for ensuring that the products are appropriately packaged and delivered to the TTC to the delivery point specified in the P.O. in good condition in accordance with the delivery schedule and for providing all the information necessary for the identification and reporting of shipments. Packing slips must accompany all shipments indicating the total number of boxes, skids, etc. included with the shipment. If deliveries include items relating to more than one P.O., separate packing slips must be provided for each P.O. detailing each P.O. item in the shipment. If there is more than one container, then each one must reference the Packing slip number. The P.O. number must be clearly marked on all packages, boxes, Bills of Lading and any correspondence relating to the Contract. Failure to provide the above information may result in rejection and return of the shipment which shall be at the Supplier’s expense. Toronto Transit Commission
General Conditions (GC's) Standard Supply Contract (Revised August 2012) Page 2 of 3
13 WHMIS: The Supplier shall be responsible to ensure that a Material Safety Data Sheet (MSDS) accompanies the shipment as appropriate. The Supplier is also required to label the goods in accordance with the WHMIS guidelines prior to delivery to the TTC. Improperly labelled goods may be returned to the Supplier at the Supplier’s expense. 14 Shipments Originating Outside of Canada: The Supplier shall clearly mark on all shipping documentation the name of the Broker to be used to clear the shipment at the border and if not provided at the time the shipment arrives at the border, it will be cleared by the TTC’s Broker. All costs incurred will be to the Supplier’s account and deducted from any money due to the Supplier. Canada Customs requires six (6) copies of the Customs Invoice that must show the gross weight of each shipment which must agree exactly with the weight shown on the waybill; also the complete routing must be shown on all Customs Invoices. If applicable, the Supplier shall provide a NAFTA certificate of origin for free trade purposes in duplicate for deliveries originating in the United States, which shall be included with the shipping documents and invoices. All costs incurred as a result of the Supplier’s failure to provide a NAFTA certificate of origin will be the responsibility of the Supplier and may be deducted from any money due to the Supplier. 15 Terms of Payment and Invoicing: Payment shall be within 30 days following delivery of the Work after receipt of an acceptable invoice by the TTC. Invoices shall be provided in duplicate complete with the Bill of Lading and Freight Bills attached, if applicable. Invoices shall be fully priced and show the P.O. number and item number(s) and the GST registration number and must clearly show whether the invoiced amount represents the complete Contract or only a part thereof. Invoices shall be forwarded to the following address on the same day as the products are dispatched: Toronto Transit Commission 1900 Yonge Street Toronto, Ontario, M4S 1Z2 Attention: Supervisor, Accounts Payable
16 Returns: The Supplier shall not accept returned Work unless accompanied by the TTC’s signed “Delivery Slip”. 17 Warranty: Neither testing, inspection or acceptance of the Work or payment thereof by the TTC, shall relieve the Supplier of its responsibility to immediately at its own expense, remedy any defect or deficiency in the material or workmanship or any damage to other work resulting therefrom upon notification of same, by the TTC which shall appear within a period of one (1) year from the date of the actual delivery or such longer period as may be stated in the Specifications or the P.O. 18 Proprietary Rights: The Supplier shall pay royalties and patent fees required for the performance of the Work, and shall indemnify, defend and save harmless the TTC from any action or claim arising out of the infringement or alleged infringement of any valid or allegedly valid patent, trademark, copyright, industrial design, trade secret or other forms of intellectual property and shall indemnify the TTC for any cost, expense and damages which it may suffer or be obliged to pay by reason of such action or claim. Any patterns, molds, dies, drawings, documents, technical data, methods, processes, tooling, and inventions; whether conceived, or developed and produced during the course of the Contract specifically for the purposes of completing the Contract, shall be the property of the TTC, who shall have sole exclusive rights for subsequent use of same, except as may otherwise be granted by the TTC. Neither the Supplier nor its Sub-Suppliers shall apply for any patent in regard thereto; or divulge, use or sell any information or thing related thereto. Upon completion of the Contract, the Supplier, at its own expense, shall be responsible for packaging and delivering the TTC’s patterns, molds, dies and other tooling to the TTC and shall contact the TTC’s Representative for shipping instructions. 19 Suspension or Termination of Contract: The TTC shall have the right for convenience to suspend or terminate further performance of all or any portion of the Work at any stage of undertaking by notice in writing to the Supplier. On the date of such notice the Supplier shall discontinue all Work as instructed whether being performed by itself or its Sub-Suppliers and shall preserve and protect all Work in progress and completed Work. The Supplier shall be reimbursed for that portion of the Work satisfactorily performed or complete to the date of the notice. The TTC shall not be liable for any other costs arising from such notice including but not limited to loss of anticipated profits or loss of opportunity. 20 Default by the Supplier: If, in the opinion of the TTC’s Representative, the Supplier by its own acts, omissions or neglect or that of any of its Sub- Suppliers, fails to comply with the provisions of the Contract, fails to proceed with or delays the Work, or causes expense to the TTC, then the TTC’s Representative may notify the Supplier in writing of such default and instruct it either to immediately correct the default, or to provide notice to the TTC of its agreement to correct the default within a schedule acceptable to the TTC within three (3) business days. If the Contractor fails to correct the default within the time specified or subsequently agreed upon, the TTC may correct such default without prejudice to any right or remedy it may have under the Contract. If the TTC or any other party under contract to it, suffers any expense or damages caused by the acts, omissions or neglect of the Supplier, then the TTC shall have the right to deduct the value of such expenses or damages, notwithstanding the correction of the default within the time specified or subsequently agreed upon. 21 Termination for Default: The Supplier shall be in default of the Contract and the TTC may terminate the Contract if the Supplier either: Fails or refuses to proceed with the Work with due diligence or maintain the Contract Schedule; or, ceases or threatens to cease to carry on its business or if there occurs an act or event of bankruptcy or insolvency of the Supplier; or, Continually or repeatedly refuses or fails without cause to perform the Contract in strict accordance with the Contract Documents. In such event, the TTC’s Representative may serve written notice to the Supplier specifying the default and instructing the Supplier to remedy such default within seven (7) calendar days thereafter or risk termination of the Contract. If, within the above specified period, the Supplier fails or refuses to correct the default, the TTC may without prejudice to its other rights and remedies under the Contract, issue a notice to the Supplier to advise the Contract is terminated. In such event, the TTC shall have the right to take possession of the products, materials, tooling, patterns and equipment and complete the Work by whatever method it deems expedient. If the TTC is required to complete the Work, and the value including damages exceeds the Contract price, then the Supplier shall be liable to the TTC for any additional cost in completing the Work. 22 Work Performance: The TTC may maintain a record of the Supplier’s performance in completing this Contract and may restrict it from being considered for future work if the Supplier’s performance is documented as unacceptable by the TTC. 23 Specified Materials: The Supplier shall supply the material as specified in the Contract and shall not be permitted to substitute any specified material without the prior written approval of the TTC.
Toronto Transit Commission
General Conditions (GC's) Standard Supply Contract (Revised August 2012) Page 3 of 3
If in the event that the Supplier provides material that is either defective, or not as specified in the Contract (“Non-Specified Material”), the TTC will notify the Supplier (which notification may be by email) of the supply of defective material or the supply of Non-Specified Material. Upon receipt of the notice, the Supplier shall immediately, unless otherwise agreed to by the TTC, replace the defective material or the Non-Specified Material, at no additional cost to the TTC. If the Supplier is unable to provide the replacement material in the timeframe specified in the notice, the TTC reserves the right, at its sole discretion, to purchase the material from third parties. The Supplier shall be responsible to reimburse the TTC for all additional costs and expenses incurred in purchasing the specified material from third parties and the TTC may, without prejudice to any other rights available at law or under this Contract, set-off any amounts owing to the Supplier from any amount owing to the TTC in accordance with this section. Without limiting the rights of the TTC as set out above, the TTC also reserves the right, at its sole discretion, to terminate the Contract with the Supplier, if the Supplier is unable to supply the material as specified in the Contract.
Toronto Transit Commission
Supplementary Conditions (SC's) Standard Supply Contract (Revised August 2012) Page 1 of 1
SC1 SCOPE OF SUPPLEMENTARY CONDITIONS: The General Conditions shall apply to the Contract except as amended in these Supplementary Conditions.
SC2 The following supersedes GC6 – TAXES AND DUTIES in its entirety and any cross reference thereto:
.1 The Contract Price is inclusive of all applicable Canadian federal and provincial taxes and duties, either in force or announced prior to the Tender closing date, even if the effective date is subsequent to the Tender closing date, including but not limited to; the Goods and Services Tax (GST) applicable under the Excise Tax Act, and the Harmonized Sales Tax (HST) which will become effective July 1, 2010 (and which will supersede GST and ORST on the effective date), all customs and duties applicable under the Customs Act and Ontario Retail Sales Tax applicable under the Ontario Retail Sales Tax Act, (which will be superseded by the HST, starting July 1, 2010).
.2 If a change in the tax or duty payable is announced subsequent to the Tender closing date, any change in tax or duty payable will be to the account of the TTC. No additional costs for administration or overhead and profit will be allowed on such changes and the Contractor shall supply at no cost to the TTC, sufficient documentation to permit a determination of the resulting change.
.3 Where an exemption or recovery of government sales tax, custom duties or excise taxes is applicable to the Contract, the Contractor shall provide the TTC where required, with all necessary cost information including original invoices and assistance, at no cost, to facilitate such exemption or recovery of taxes and duties to the credit of the TTC.
.4 For purchases of material made after the HST is implemented, any cost savings that results to the Contractor as a result of being able to claim the full HST amount as an input tax credit must be passed on to the TTC. The Contractor shall provide the TTC with detailed documentation, as requested by the TTC at any time, supporting: (1) adjustments to the prices to deduct the PST and add the HST and (2) calculations of the tax cost savings with respect to implementation of the HST on July 1, 2010.
SC3 “ABCC”
The Supplier/Company acknowledges and agrees that upon request from an ABCC to purchase against the Contract (either through the same Purchase Order or through a separate purchase order), the Supplier/Company shall provide the goods/services to the ABCC at the same pricing and terms and conditions as set out in the Contract.
The TTC reserves the right to add or delete any ABCC and /or additional delivery locations during the term of the Contract.
A listing of current ABCC’s may be found on the City’s website: www.toronto.ca/abcc
SC4 INSURANCE REQUIREMENTS: Throughout the term of the Contract [and any warranty period], the Company shall obtain and maintain at their own expense the following insurance in relation to the Work, any services required to be performed by the Company under the Contract Documents, or otherwise, each such policy to be issued by an insurance company licensed to carry on the business of issuing such policies in Ontario, and possessing a Best’s Financial Strength Rating of at least B+.
Comprehensive General Liability Insurance – Which shall include, but not be limited to:
.1 Contractual liability coverage for liability assumed under GC5 INDEMNIFICATION;
.2 Products and completed operations coverage;
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.3 Contingent employer’s liability coverage, for any claims that might be brought against the Commission by any employee of the Company;
.4 Owner’s and Contractor’s protective coverage for all subcontracted operations;
.5 [Sudden and accidental pollution coverage;]
.6 Non-owned automobile liability; and
.7 Cross liability and severability of interests clause.
Such insurance shall provide a combined single limit of not less than One Million Dollars ($1,000,000) for any one occurrence or accident for all claims arising out of bodily injury including death and damage to the property of others. Such liability insurance shall contain no exclusions in conflict with the character of the work required to be performed under the Contract and shall include the Commission as additional insured. Automobile Liability Insurance Automobile liability insurance with a limit of not less than One Million Dollars ($1,000,000) inclusive for any one accident or occurrence and shall insure against claims for bodily injury, including death, and for property damage arising out of the use of any vehicle owned, leased or operated by or on behalf of the Company in the performance of the work.
Company’s Pollution Liability Insurance Company’s pollution liability insurance on an occurrence basis, or a claims made basis with a five (5) year extended reporting period, which shall provide coverage for third party claims for bodily injury, property damage, clean-up costs and related defense expenses arising out of pollution conditions caused by, or disrupted during, the rendering of “covered operations” and will include extensions for transported cargo and off-site disposal and will not be restricted by any time element limitations, [mould], asbestos, lead based paint, silica or any insured versus insured exclusions preventing the Commission from bringing a claim against other insureds. Such insurance shall include a severability of interests clause and shall be written with a limit of not less than Two Million Dollars ($2,000,000) per occurrence and in the aggregate and shall also include completed operations coverage from the date of Substantial Performance of the Work, on an ongoing basis for a period of [12/24] months following Substantial Performance of the Work. Such insurance shall include the Commission as additional insured.
SC3 EVIDENCE OF INSURANCE:
.1 Within five (5) days of request by the Commission, the Company shall provide the Commission with certificates of insurance originally signed by the insurer or its authorized representative.
.2 At the expiry date of the policy, the Company shall provide to the Commission signed certificates of insurance evidencing renewals or replacements prior to the expiration date of the original policies, without notice or request by the Commission.
.3 Each policy shall be endorsed with an undertaking from the insurance company that such insurance will not be cancelled or reduced in coverage without thirty (30) days prior written notice by registered mail to the Commission.
.4 With the exception of automobile liability, each policy shall include an endorsement under which the insurer waives any right of subrogation it may have against the Commission and its directors, officers, employees and agents.
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.5 Should the Commission be of the opinion that the insurance taken by the Company is inadequate in any respect for any reason whatsoever, it shall forthwith advise the Company of such opinion and the reasons therefore and the Company shall forthwith take out insurance of a character satisfactory to the Commission.
.6 The taking out of the insurance as aforesaid shall not relieve the Company of any of its obligations under the Contract.
SC6 COMMENCEMENT OF THE WORK: The Company may commence the Work upon Notification of Award issued by the Commission. However, the Company shall not begin the Work on the Commission's property prior to providing acceptable evidence of insurance to the Commission, if such insurance is required.
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Toronto Transit Commission RFT T31BE13226 Supply Waste Removal and Disposal Services for Up to a Two Year Term
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NO. TITLE PAGE NO.
1 SCOPE OF WORK ...... 1 2 LOCATION OF WORK ...... 1 3 SERVICE REQUIREMENTS …………………………….……………… 2 4 PROJECTED QUANTITIES ……………………………………………. 3 5 TTC’S SERVICS …………………………………………………….……3 6 TERM OF THE CONTRACT …………………………………………….4
1 SCOPE OF WORK
The Work to be performed under this Contract generally consists of the supply of bins, collection, segregation and disposal of waste materials at various TTC locations on an as- required basis. The Company shall be responsible for ensuring that all disposal is to a waste disposal facility that meets all legislative requirements. .
2 LOCATION OF WORK
The Company will supply, as requested by the TTC’s Representative or designate, bins for waste collection to TTC locations, as follows:
A) Davisville Yard, 29 Lascelles Boulevard 1 x 40 yard bin for general construction waste 1 x 40 yard bin for wood 1 x 20 yard bin for general construction waste 1 x 14 yard bin for concrete
(B) Wilson Yard, 160 Transit Road 1 x 20 yard bin for general construction waste 1 x 14 yard bin for concrete
(C) Greenwood Yard, 400 Greenwood Avenue 1 x 40 yard bin for general construction waste
(D) McCowan Yard, 1720 Ellesmere Road 1 x 20 yard bin for general construction waste
On an as-required basis, the Company will provide various sizes and quantities of waste collection bins at other TTC locations.
Toronto Transit Commission RFT T31BE13226 Supply Waste Removal and Disposal Services for Up to a Two Year Term
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3 SERVICE REQUIREMENTS
The Company will provide all personnel, labour, equipment and materials required to perform the Work.
1. Waste Collection: a) Upon notification by the TTC’s Representative or designate, that a waste collection bin is full, the Company will arrive at the site within 24 hours, remove the full bin and exchange it with an empty bin. b) The Company will transport the waste to a waste disposal site and dispose of the waste. c) The Company will ensure that lift tickets are provided to the TTC with invoices submitted for payment.
2. Segregation: a) The Company will segregate, where possible, any material that can be segregated from the regular waste stream and recycle it.
3. Disposal: a) The Company will ensure that recycling and or disposal of collected materials is performed in accordance with all applicable Federal, Provincial and local regulations. b) Receiving facility must have a valid Certificate of Approval and be licensed by the Ministry of Environment. A valid Certificate of Approval is to be provided. c) On a monthly basis, the Company will provide to the TTC’s Representative a monthly summary of quantities by weight for all material that has been recycled or disposed of.
4. Invoicing Within two weeks after completing the Work, the Company will provide a detailed invoice for each incident. The invoice is to be forwarded to TTC Finance – 1900 Yonge Street Toronto M4S 1Z2. Each invoice must including following information:
a. TTC Purchase Order Number b. A copy of the delivery slip for each load disposed of at the receiving/disposal facility. Failure to submit a copy of the delivery slip with the invoice will result in non-payment of the invoice, and such cases, the TTC will not be charged any additional monies for late payment.
5. The Work under the Contract must be conducted in accordance with the following municipal by-laws and federal and provincial government legislation:
• City of Toronto Sewer Use By-Law (Municipal) • Ontario Environmental Protection Act (EPA) (Provincial) • Ontario Water Resources Act (OWRA) (Provincial) Toronto Transit Commission RFT T31BE13226 Supply Waste Removal and Disposal Services for Up to a Two Year Term
TERMS OF REFERENCE Page 3 of 4
• Technical Standards and Safety Act (TSSA) (Provincial) • Federal Fisheries Act (Federal) • Canadian Environmental Protection Act (CEPA) (Federal)
6. During the term of the Contract, upon request by the TTC, the Company must provide the following information to the TTC’s Representative within three business days:
a. Written confirmation indicating that the Company warrants and represents that it is fully approved by all authorities (Ministry of the Environment (MOE) having jurisdiction to perform the Work.
b. Copy of any MOE Environmental Compliance Approvals (formerly known as Certificates of Approval) required to perform the Work
c. The Company must maintain valid Certificates of Approval (MOE) for the life of the contract for the transporting and receiving of the various liquid waste classes indentified above.
4 PROJECTED QUANTITIES
The estimated quantities of material to be removed and recycled or disposed of are listed below:
- 1,000 metric tonnes of general construction waste per year, with approximately 100 pick-ups per year. - 150 metric tonnes of mixed wood per year, with approximately 40 pick-ups per year - 150 metric tonnes of concrete per year, with approximately 20 pickups per year
5 TTC’S SERVICES
Any services provided by the Company from information supplied by the TTC, will be undertaken on the basis that it is the best information available, however, the Company shall immediately notify the TTC in writing of any condition or information known or discovered by the Company which conflicts with the information supplied by the TTC. In any event, the TTC shall not be liable for any loss or damage arising from any inaccuracy in such information.
Toronto Transit Commission RFT T31BE13226 Supply Waste Removal and Disposal Services for Up to a Two Year Term
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6 TERM OF THE CONTRACT
6.1 The Term of the Contract shall be for up to a two (2) year period, as more particularly set out in the TTC’s Purchase Order, and shall commence upon notification of Contract award. In the event the initial Contract Term is less than 2 years, the TTC, at its sole discretion, reserves the right to extend the Contract by additional periods, at and for the applicable Contract pricing, such that the aggregate Term does not exceed a total of two years. In such case, the TTC shall provide written notice to the Company the Contract has been extended.
6.2 Notwithstanding Section 6.1 above, the TTC reserves the right, at its sole discretion, to extend the Contract by an additional year (i.e. into Year 3), subject to negotiation of acceptable Year 3 pricing and the Company’s satisfactory Work performance. In such case, the TTC shall provide written notice to the Company.
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