Embed Size (px)
Citation preview
1. TERMINOLOGY
1.1 References to Labeled Provisions
Each reference in this Request for Proposal to a numbered or lettered “section”, “subsection”, “paragraph”,
“subparagraph”, “clause” or “subclause” shall, unless otherwise expressly indicated, be taken as a reference
to the correspondingly labelled provision of this Request for Proposal (RFP).
1.2 Definitions
Throughout this Request for Proposal, unless inconsistent with the subject matter or context,
“Addendum” or “Addenda” means any document or documents issued by the City prior to the Closing
Deadline that changes the terms of the RFP or contains additional information related to the RFP;
"Affiliated Person" means everyone related to the Proponent including, but not limited to employees,
agents, representatives, organizations, bodies corporate, societies, companies, firms, partnerships,
associations of persons, parent companies, and subsidiaries, whether partly or wholly-owned, as well as
individuals, and directors, if:
A. Directly or indirectly either one controls or has the power to control the other,
or
B. A third party has the power to control both.
“Agencies and Corporations” refer to bodies and organizations that have a direct reporting or funding
relationship with the City of Toronto or Council. The list of current organization name and contact of
agencies and corporations to be considered under this RFP is available from the following page on the City's
website www.toronto.ca/abcc
“Agreement” means any written contract between the City and a Vendor or any purchase order issued by
the City to the Vendor with respect to the Services contemplated by this RFP, and shall be deemed to
include the terms and conditions for the provision of the Services as set out in this RFP.
"Assignment" refers specifically to the overall Program Management and Consulting Services scope of
work, resulting in the successful delivery of the City's AODA Program mandate.
“City” means the City of Toronto.
"City Contact" means the City employee(s) designated as City Contact on the Notice to Potential
Proponents for all matters related to the RFP call process.
“Closing Deadline” means the date and time specified on the RFP Cover Page or any Addenda issued by
the City, as the date and time by which Proponents must submit their Proposal;
“Conflict of Interest” includes, but is not limited to, any situation or circumstance where:
(a) in relation to the RFP process, the Proponent has an unfair advantage or engages in conduct,
directly or indirectly, that may give it an unfair advantage, including but not limited to (i) having or having
access to information in the preparation of its Proposal that is confidential to the City and not available to
other Proponents; (ii) communicating with any person with a view to influencing preferred treatment in
the RFP process including the giving of a benefit of any kind, by or on behalf of the Proponent to anyone
employed by, or otherwise connected with, the City ; or (iii) engaging in conduct that compromises or could
5 of 128
Viewing
Cop
y
be seen to compromise the integrity of the open and competitive RFP process and render that process Non-
Competitive and unfair; or
(b) in relation to the performance of its contractual obligations in the City contract, the Vendor’s
other commitments, relationships or financial interests (i) could or could be seen to exercise an improper
influence over the objective, unbiased and impartial exercise of its independent judgement; or (ii) could or
could be seen to compromise, impair or be incompatible with the effective performance of its contractual
obligations;
“Council” means City Council.
"Diverse Supplier" means any business or enterprise that is certified by a Supplier Certification
Organization to be:
More than 51% (majority) owned, managed and controlled by persons belonging to an equity-
seeking community, or
A social purpose enterprise whose primary purpose is to create social, environmental or cultural
value and impact, and where more than 50% of the persons who are fulltime equivalent employees
or are participating in, or have completed, transitional employment training, experience economic
disadvantage.
"Equity-seeking Community" is a group that experiences discrimination or barriers to equal opportunity,
including women, Aboriginal People, persons with disabilities, newcomers/new immigrants, LGBTQ+
people, visible minorities/racialized people, and other groups the City identifies as historically
underrepresented.
“HST” means Harmonized Sales Tax.
"may" and "should" used in this RFP denote permissive (not mandatory).
“MFIPPA” means the Municipal Freedom of Information and Protection of Privacy Act.
"must", "shall" and "will" used in this RFP denote imperative (mandatory), meaning Proposals not
satisfying imperative (mandatory) requirements will be deemed to be non-compliant and will not be
considered for contract award.
"Prime Proponent" means a large Architectural firm, or a large consulting firm that has full Architectural
services in-house, and which submits a proposal in response to this RFP.
"Principle-in-Charge" refers to the Architect who oversees the firm's services in connection with the
project.
"Program" refers to the scope of work defined in the RFP as a whole.
"Program Duration" refers to the length of the program (approximately 7.5 years including post-
construction and warranty).
6 of 128
Viewing
Cop
y
"Program Lead" is the main contact person for the Vendor on all matters relating to the assignment. The
City will also have a Program Lead who will be the main contract person at the City for all matters relating
to the Project.
"Project" refers to a specific Program undertaking.
“Project Manager” means the main contact person at the City for all matters relating to the project.
“Proponent” means a legal entity that submits a Proposal. If two or more legal entities wish to submit a
Proposal as a consortium, one member of the consortium must be identified as the Proponent with whom
the City may enter into an Agreement, and the other member(s) must be identified as subcontractors to that
Proponent.
“Proposal” means an offer submitted by a Proponent in response to this RFP, which includes all of the
documentation necessary to satisfy the submission requirements of the RFP.
“RFP” means this Request for Proposal package in its entirety, inclusive of all Appendices and any bulletins
or Addenda that may be issued by the City.
“Services” means all services and deliverables to be provided by a Vendor as described in this RFP.
"Similar size, budget, type, and complexity" as it relates to projects, means;
1. Programs renovations / upgrades happening over multiple locations simultaneously (with a
comparable scale),
2. Projects with complex programmatic requirements, multiple stakeholders and multiple
user groups,
3. Projects with the following level of complexity:
Multidisciplinary project delivery as the Vendor and preferably for projects
involving construction of new facilities and replacements/upgrading of existing
facilities (with a special focus on accessibility upgrades).
Project management and Program level experience with coordination of multiple
complex projects occurring in various locations at the same time.
Risk management including, but not limited to, risk identification, analyses, and
mitigation strategies.
“Solution” means a set of goods and services meeting the City’s requirements, as set out in this RFP.
"Sub-consultant" means a separate provider of specialized engineering or technical services that may be
procured by the consultant, or directly by the City.
"Successful Proponent" means a Proponent who has submitted the highest scoring complying Proposal.
"Supplier Certification Organization" is a non-profit organization recognized by the City of Toronto that
certifies businesses and enterprises as Diverse Suppliers by assessing them using established, consistent
criteria. Recognized Supplier Certification Organizations include:
7 of 128
Viewing
Cop
y
Canadian Aboriginal and Minority Supplier Council
Canadian Gay and Lesbian Chamber of Commerce
Social Purchasing Project
Women Business Enterprise Canada
Canadian Council for Aboriginal Business
"Supplier Code of Conduct" means business ethical standards contained in Article 13 Chapter 195,
Purchasing, of the Toronto Municipal Code;
“Vendor” means the Successful Proponent with whom the City enters into an Agreement.
"Workforce Development" means a relatively wide range of activities, policies and programs to create,
sustain and retain a viable workforce that can support current and future business and industry. It is an
approach that integrates career exploration, industry–driven education and training, employment, and career
advancement strategies, facilitated by the collaboration between employers, training and education
institutions, government, and communities.
1.3 Interpretation
In this RFP and in the Agreement, unless the context otherwise necessitates,
(a) any reference to an officer or representative of the City shall be construed to mean the person
holding that office from time to time, and the designate or deputy of that person, and shall be
deemed to include a reference to any person holding a successor office or the designate or deputy
of that person;
(b) a reference to any Act, bylaw, rule or regulation or to a provision thereof shall be deemed to include
a reference to any Act, bylaw, rule or regulation or provision enacted in substitution thereof or
amendment thereof;
(c) all amounts are expressed in Canadian dollars and are to be secured and payable in Canadian
dollars;
(d) all references to time shall be deemed to be references to current time in the City;
(e) a word importing only the masculine, feminine or neuter gender includes members of the other
genders; and a word defined in or importing the singular number has the same meaning when used
in the plural number, and vice versa;
(f) any words and abbreviations which have well-known professional, technical or trade meanings, are
used in accordance with such recognized meanings;
(g) all accounting terms have the meaning recognized by or ascribed to those terms by the Canadian
Institute of Chartered Accountants; and
(h) all index and reference numbers in the RFP or any related City document are given for the
convenience of Proponents and such must be taken only as a general guide to the items referred to.
It must not be assumed that such numbering is the only reference to each item. The documents as
a whole must be fully read in detail for each item.
8 of 128
Viewing
Cop
y
1.4 RFP Process Terms and Conditions
This RFP process is governed by the terms and conditions in Appendix "B".
2. RFP PURPOSE AND APPROACH
The purpose of this RFP is to select and retain an Architectural firm (or a firm that offers full architectural
services in-house) as a Vendor to provide Program Management and Consulting Services, including full
design, and construction contract administration services as it relates to the renovation of City facilities to
meet Accessibility for Ontarians with Disabilities Act, 2005 (AODA) Design of Public Spaces Standards
and other accessibility compliance requirements, including the Ontario Building Code Barrier-Free Design
requirements and the City of Toronto Accessibility Design Guidelines (TADG).
This assignment will support the City wide mandate to remove physical barriers across all City Facilities
Management (FM) facilities and the Shelter Support and Housing Administration (SSHA) facilities
included under this Program's scope. This Program has a compressed timeline to meet the AODA goal of
achieving accessibility for Ontarians with disabilities by 2025. In accordance with the City of Toronto
Corporate Accessibility Policy, adopted by City Council in 2018, this assignment will also include
accessibility design according to the Toronto Accessibility Design Guidelines, except where not technically
feasible. It will be the Vendor's responsibility to determine and substantiate where use of TADG is not
feasible, in coordination with City representatives.
The intent of this RFP is to identify a single Vendor to provide ‘on-demand’ services under a Master
Services Agreement, which will be the basis of the Terms and Conditions for the duration of the
appointment. The term of this assignment will be approximately seven and a half (7.5) years and shall
include warranty services as described in the Scope of Work section.
Due to the compressed timeline, the Vendor is expected to quickly get a full understanding of the scope of
work and within three (3) months of project award provide the City with an average of 10 (ten) tender
ready designs per month; including cost estimates on a building by building basis. It will be the
responsibility of the Vendor to manage and propose an overall Program schedule to meet the legislative
driven timeliness discussed.
2.1. Cooperative Purchasing Process
After award, the Vendor acknowledges that the City may inform its Agencies and Corporations of the
Vendor's Contract with the City. If the Vendor wishes to provide the same deliverables and/or Services to
the City's Agencies and Corporations, it shall use commercially reasonable efforts to negotiate for the
purpose of entering into separate and distinct contracts with the City's Agencies and Corporations based
on the same or comparable terms (including price and duration) as are set out in the City's Contract with
the Vendor. The Vendor further acknowledges that that City shall not be liable for any separate contracts
negotiated with the City's Agencies and Corporations by the Vendor.
2.2. Background
The City of Toronto is seeking a qualified consultant ("Vendor") to provide Program Management and
Consulting Services, including full design, and construction contract administration services to support
the mandate that City owned properties must be fully accessible by the year 2025. This scope will be for
all buildings listed in Submittal Form A, under Tab F.
In August 2009, City Council stated that the City supports the goals of the Accessibility for Ontarians
with Disabilities Act (AODA), 2005, and will establish policies, practices and procedures which are
consistent with the accessibility standards established under the AODA. Council's Commitment also
9 of 128
Viewing
Cop
y
requires that all City properties become fully accessible by 2025, regardless of whether a new building or
major renovation is planned. Refer to Appendix A for Project Reference material, including Council
direction materials. The Scope will be for all building listed in Submittal Form A, Under Tab F. Facilities
Management is currently responsible for a portfolio of approximately 400 properties along with a
significant number of additional properties of other client Divisions. The Facilities Management (FM)
Accessibility Program was developed to implement the renovation of these facilities to meet the tight
2025 timelines.
2.2.1 Facilities Management Accessibility Program
The FM Accessibility Program is a multi-year Program that will meet the goals of full accessibility for
persons with disabilities for all Facility Management managed properties by January 1, 2025. The
Program is divided into three (3) phases: 1) Audit; 2) Design and Contract Administration; and 3)
Construction.
Refer to Figure 1 for the proposed delivery schedule for the Program.
The FM Accessibility Program will also include the upgrade of the SSHA facilities noted within the
building list provided as part of this RFP.
Figure 1- City of Toronto FM AODA Program Delivery Strategy- Delivery Schedule
10 of 128
Viewing
Cop
y
2.2.2 Phase 1 Status
Phase 1 of this Program, Audit, is now complete. The accessibility audits were conducted between 2016-
2018 for the over 350 FM managed properties and for the SSHA portfolio buildings listed. The audits
developed as Phase 1 deliverables are included with this RFP to assist Proponents in the development of
their Proposals. The Phase 1 audit reports provide initial recommendations and cost estimates for
compliance to the following standards:
Ontario Building Code (OBC),
Accessibility for Ontarians with Disability Act (AODA), and the
City of Toronto's draft Toronto Accessibility Design Guidelines (TADG). This guidelines is
currently in a draft format and are in the process of being updated.
Refer to Appendix E for instructions to access Accessibility audits conducted to date for the buildings
forming part of this RFP scope. All recommendations that are containing within the accessibility audits will
need to be confirmed as part of the scope of the contract defined within this RFP.
In addition, as part of the phase 1 deliverables, a comprehensive aggregate data sheet was developed to
summarize AODA audit findings, including, but not limited to, estimated retrofit costs and the number of
recommendations for each buildings. Refer to Appendix F for the aggregate data sheet, and to individual
audits for details.
Note, the aggregate data sheet does not include information from the SSHA audits.
Note, a number of audit reports include layout drawings from Designated Substance Survey (DSS) Reports.
The drawings in the audit reports should not be relied on for the information on the designated substances,
since not all designated substances and their locations are identified on these layout drawings. Refer to full
DSS reports for information about known and suspected hazardous building materials on a building by
building basis.
Refer to Appendix E for instruction to access all DSS reports.
It will be the responsibility of the Vendor to manage the delivery of Phase 2 and 3 of this Program, in
coordination with City staff.
2.2.3 Building List
Refer to Submittal Form A- Tab F for a list of buildings to be included in the FM Accessibility Program,
under this RFP. The City may, at its sole discretion remove or add facilities from this list.
2.2.4 Estimated Construction Value
The estimated value for this Program is approximately $150 to $180 million. This value reflects anticipated
costs to retrofit over 400 sites within the City in order to meet accessibility requirements. The cost to retrofit
the SSHA portfolio is not included in this estimate.
The City is seeking creative and cost-effective solutions consistent with City business needs. Overall, the
Vendor should demonstrate value for money. The Vendor retained for this Program will represent the City
in all matters of the execution of the Project as per the scope defined here. The City reserves the right to
add or delete locations or scope at its sole discretion. The City, at its sole discretion, also reserves the right
to expand this scope of work to other projects and other buildings within the City's portfolio under various
Divisions.
11 of 128
Viewing
Cop
y
2.3 Gender Diversity in City Procurements
As part of City Council's support to enhance gender diversity on boards of corporations, all corporations
conducting business with the City are encouraged to utilize an intersectional analysis to strive to have
gender parity on their corporate boards.
2.4 Social Procurement
The goal of the City of Toronto Social Procurement Program is to drive inclusive economic growth in
Toronto by improving access to the City's supply chain for diverse suppliers and leverage employment,
apprenticeship and training opportunities for people experiencing economic disadvantage, including those
from equity-seeking communities. The City expects its Proponents to embrace and support the City of
Toronto Social Procurement Program and its respective goals. Social procurement creates social value for
the City in addition to the delivery of efficient goods, services, and works. The City of Toronto Social
Procurement Program consists of two components: Supplier Diversity and Workforce Development.
For more information on the City of Toronto Social Procurement Program, visit:
http://www.toronto.ca/purchasing/socialprocurement.
Proponents are being asked to submit, as part of their Proposal, a Workforce Development Plan that
identifies which strategies, if any, from among the categories summarized in Section 5.3 that the Proponent
is committed to deliver during term of the assignment, as well as details on the implementation of the
Workforce Development Plan.
2.4.1 Supplier Diversity
The goal of supplier diversity is to increase the diversity of the City's supply chain by providing diverse
suppliers with equitable access to competitive procurement processes.
In accordance with Section 1.3.2 of the City of Toronto Social Procurement Policy, points will be
assigned to Proponents that submit information as part of their Proposal that will improve supplier
diversity in the City's supply chain. See section 5.3, Proposal Content for more information.
2.4.2 Workforce Development
The goal of Workforce Development (WD) is to increase the number of employment, apprenticeship and
training opportunities leveraged for people experiencing economic disadvantage, including those from
equity-seeking communities.
Proponents are being asked to submit, as part of their Proposal, a Workforce Development Plan that
identifies which strategies, if any, from among the categories summarized in Section 5.3 that the Proponent
is committed to deliver during term of the assignment, as well as details on the implementation of the
Workforce Development Plan.
2.5 Vendor's Management and Coordination
Due to the complexity and multiple locations, the Vendor will be required to assume the role of overall
Program and Project Services Lead.
The Program and Project Services Lead will be the single point of contact to the City who will provide
overall management of all assignments within this Program. The Lead will be dedicated full-time to this
assignment.
12 of 128
Viewing
Cop
y
All liaisons with City staff are to be coordinated through the City's Program Lead. This includes all data
collection and meetings with staff from different divisions and sections of the City; however, the City may
direct the Vendor to contact other City staff directly for efficiency purposes, in which case the Vendor must
inform the City of all communications with other City staff.
2.5.1 Roles and Responsibilities
The Vendor;
At a minimum, the Vendor shall have the following Leads in the delivery of the Program; Principal
in Charge, Program Lead and Project Lead, whom will ensure the overall success of the assignment.
The detailed responsibilities are described in this RFP.
The City;
The City will assign a Program Lead who will coordinate with other City stakeholders in the delivery
of the assignment. City stakeholders include, but are not limited to, members of the following City
Divisions: City Planning (including Heritage); People, Equity and Human Rights; Corporate
Security; Facilities Management; Shelter Support and Housing Administration; Deputy City
Manager's Office; City Council; City Clerks; and the City's Accessibility Advisory Committee. In
addition, stakeholders will also include public organizations representing the rights of peoples with
disabilities. The City's Program Lead will advise the Vendor of all meetings to be scheduled between
the City and the Vendor team.
The City's Program Lead will provide a list of contacts for each building location in order for the
Vendor to coordinate all visits. In addition the City will provide the Vendor with all Accessibility
audits and the aggregate data sheet delivered as part of the Stage 1 scope.
Best efforts will be made by the City to provide information on the scope and current status of active
design and construction projects as well as the current timeline for completion.
Best efforts will be made by the City to provide available record drawings in addition to Phase 1
deliverables (including building audit reports and the aggregate data sheet) to support the project.
The City staff will provide assistance to the Vendor by reviewing all submitted documents within
approximately two to three weeks of receipt, depending on the magnitude of the submission.
The City will designate a point of Contact for this Program upon completion of the evaluation of the
RFP and award of the Program. The City will provide a copy of the City’s Health & Safety Manual.
The City will pay application permitting fees for required approvals. The payment will be made
through a cash allowance at the "flow through" cost.
2.6 Vendor Performance Management
The City will establish a Performance Management Program to assess the performance of the Proponent in
the delivery of their scopes of services for construction projects. The Vendor will adhere to Vendor
management and performance tool(s) that may include a set of key performance indicators and/or a
scorecard.
13 of 128
Viewing
Cop
y
2.6.2 Performance Management Methodology
The City will carry out a Quarterly Business Reviews (QBR’s) with the Vendor to review their quarterly
performance based on the tabulation of their respective scorecards. The City will facilitate the KPI/Contract
Management and QBRs meetings; provide knowledge and understanding of contract deliverables and
services from Vendor; and, ensure governance/compliance by understanding requirements.
The Vendor will provide comment/update on any previous period action items and/or opportunities; and
understand contract deliverables and services required by The City. The City will minute the meetings
documentation: Action items with accountability monitor initiatives, Changes/escalations and resolutions;
and participated commentary and feedback. Minutes are distributed within 2 weeks with a recap of the
Vendor's Action items, and ongoing follow up to ensure completion. The QBR’s work to enhance the
partnership for all parties and provide an opportunity for open dialogue.
3.0 SCOPE OF WORK
The Vendor will be required to provide full, cost effective consulting, co-ordination, design, engineering,
and construction review /administration, including the retention of any specialty sub-consultants, in order
to carry out all aspects of the Work, as described in this RFP.
A single Vendor will be selected to provide Program Management and Consulting Services as it relates to
the renovation of FM and SSHA City facilities to meet Accessibility for Ontarians with Disabilities Act,
2005 (AODA) Design of Public Spaces Standards and other accessibility compliance requirements,
including the Ontario Building Code Barrier-Free Design requirements and the Toronto Accessibility
Design Guidelines. This Program has a strict timeline to meet the AODA goal of achieving accessibility
for Ontarians with disabilities by 2025. At the time of development of this RFP, three hundred and fifty
eight (358) buildings were included in the scope of work.
Refer to Submittal Form A – Scope Definition and Volume Pricing Bid Form for the full scope of work.
Within this Submittal Form, all possible scope items are listed including the list of buildings included within
this scope of work.
Refer to the following Tabs in Submittal Form A:
TAB A Request for Proposal – Signatory Page
TAB B Introduction and How to use this form
TAB C Step 1 – Program Level Reporting – Scope Definition
TAB D Step 2 – Audit Report Validation/Schematic Design- Scope Definition
TAB E Step 3 – Design, Construction Administration, and Post Construction – Scope Definition
TAB F Fee Determination
TAB G Hourly Rates
TAB H Value Added/Innovative Strategies Identified
The use of this Excel-based Scope of Work and Bid Form document is described in Tab B. Based on a
building by building evaluation certain scope items may not be applicable and are listed as optional. The
City will work with the Vendor to identify the relevant scope items that will be required, as determined on
a building by building basis.
The Scope of Work for all Steps identified as forming a part of this Program are included in Submittal
Form A. Note in the Excel Submittal Form A document all areas not requiring inputs from the Proponents
have been locked and will not be editable.
14 of 128
Viewing
Cop
y
All designs are to be in accordance with applicable codes and standards including but not limited to the
Ontario Building Code, Accessibility for Ontarians with Disabilities Act, City of Toronto Accessibility
Design Guidelines (version recent at the time of design), Fire Code, Zoning By-Law, Occupational Health
and Safety Act, Ontario Employment Standard Act, the Ontario Human Rights Code, the Ontario Labour
Relations Act, the Workplace Safety and Insurance Act, the Ontario Health and Safety Act and Regulations,
The Ontario Heritage Act, The Planning Act, all as may be amended from time to time, as well as
Authorities having Jurisdiction and the Municipal Freedom of Information and Protection of Privacy Act.
The Vendor is required to comply with all federal, provincial, and municipal laws, rules and regulations in
relation to the provisions of any services, including obtaining all necessary permits and licenses and shall
submit proof to the City, upon request. 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 these provisions.
The Vendor's staff must comply with all governing safety regulations including, but not limited to,
Construction Regulations, Regulation Respecting Asbestos on Construction Projects, Designated
Substances, WHMIS, Workplace Safety & Insurance Act, Transportation of Dangerous Goods Act and the
Technical Standards & Safety Act.
The following reference documents are City of Toronto Policies, Guidelines, By-Laws and Standards.
These reference documents are being amended regularly and new versions may be published during the
project timeframe. The Vendor is responsible to ensure the design and work conforms to all applicable
standards and by-laws without limiting the forgoing reference documents and any amended future versions
as follows:
City of Toronto Corporate Accessibility Policy
https://www.toronto.ca/legdocs/mmis/2018/ex/bgrd/backgroundfile-116080.pdf
Accessibility for Ontarians with Disability Act (AODA) – Integrated Accessibility Standards
The most recent version of the Toronto Accessibility Design Guideline
The most recent version of the Toronto Green Standards
City of Toronto Strategy and Standards for Office Space and Ergonomics Guidelines
City of Toronto Office Modernization Program (Workplace Design Standards)
Crime Prevention Through Environmental Design (CPTED) – Principles, Strategies, and
Guidelines
Procurement By-Law https://www.toronto.ca/legdocs/municode/1184_195.pdf
Transform TO (especially targets for City buildings) https://www.toronto.ca/services-
payments/water-environment/environmentally-friendly-city-initiatives/transformto/
Additional City of Toronto Policies and Manuals including but not limited to: Tree Protection
Policy, Streetscape Manual, Pavement Structural Design Guideline, Strategy and Standards
for Office Space and Ergonomics Guidelines, IT and Cabling Standards, Signage and
Wayfinding Standards, Fair Wage Policy. If one or more Code, Standard, Policy, and By-law
speaks to the same requirement then the most stringent requirement as determined by the City
should prevail unless otherwise approved by the City. The Vendor may be asked to maintain
24/7 hour resiliency capability operations during emergency conditions on site for up to 72
hours. The design shall support the renovation with the most current life safety standards.
15 of 128
Viewing
Cop
y
If one of more Code and/or Standard and/or Policy and/or By-law speaks to the same requirement then
the most stringent requirement should prevail unless otherwise approved by the City in writing.
The drawings developed as part of this scope must be in compliance with all applicable national/
provincial and municipal authorities having jurisdiction and must be stamped and signed by licensed
professionals.
All drawings are to be in accordance with the AIA Layer Standard. All design packages are to be
submitted in both hard and soft copies as noted.
The Vendor will be asked to design to support the City's Office Modernization Program (OMP), and
investigate/design with consideration of energy savings opportunities for scope related to the accessibility
work outlined in this RFP.
Within ten (10) days of issuance of a Purchase Order the Vendor will commence Program level planning.
Work Hours: The work hours for all work described here has not yet been determined and will be
considered on a building by building basis. The Vendor should be prepared to undertake reviews, site
reviews, inspections, and meetings after regular business hours for the duration of the work and at no
additional cost to the City.
Destructive testing, for example to confirm structural conditions, may be required in Step 2 –Audit Report
Validation/Schematic Design. The City, at its sole discretion, may choose to work with a 3rd party vendor
to complete the destructive testing. Alternatively, the City may work with the Vendor to perform the
destructive testing, if applicable. In these scenario's destructive testing will be performed using the hourly
rates shown in Tab G- Hourly Rates. A detailed description of the Destructive Testing will be required
and a time-task matrix will be required for all destructive testing services requested by the City. Final
approval will be required by the City before destructive testing work is to commence
The scope of work for each step of this Program is included in Tab C, Tab D, and Tab E of Submittal
Form A.
Additional Services may be procured by the City for work that is outside of the scope of this RFP using the
hourly rates listed in Tab G for all applicable roles. Additional Services will only be performed after a
written request by the City is issued to the Vendor.
The City reserves the right to re-prioritize assignments, and to add or delete assignments to this Program.
The number of approved construction contracts will depend on the City's priorities and how assignments
are grouped. No additional compensation will be considered for variations in the implementation schedule
or for staging of an assignment to achieve phased implementation. No specified volume of work is
guaranteed at any stage of this Program.
When coordinating site visits under this contract, the City will provide the Vendor with the list of site
contacts. It will be the Vendor's sole responsibility to coordinate and manage any and all site visits to any
building with the site contacts provided. These site contacts may be City staff, tenants, and/or 3rd party
organizations operating within City facilities. The Vendor is to assume site visit coordination may take
several attempts for each visit and that site visits may need to be rescheduled from time to time. No
additional fees will be provided by the City for these expected coordination efforts. When visiting sites the
Vendor will be sensitive to the site programming requirements and/or restricted access limitations. Site
visits are to be planned so as to minimize disruption to programming and building operations. Site visits
are defined as any entry into any of the buildings included within the scope of work defined within this
RFP, including additional service scope.
16 of 128
Viewing
Cop
y
During all stages of the assignment, the Vendor shall work collaboratively with the City. The Vendor shall
solicit input from the City on all critical assumptions made in its analyses, in developing documents and
accessing alternate options.
The Vendor is also responsible for obtaining necessary police clearance before visiting sites that require
such clearance. The time to obtain such clearances are to be incorporated into the final
Program schedule (assume 6-10 weeks to obtain clearance per person). All clearances are to be initiated at
the onset of the project to prevent future delays.
The City is not to be named as the Constructor on any of the construction projects. The Vendor shall ensure
there is separation between contractors at all times throughout construction activities, in accordance with
the Ministry of Labour’s Occupational Health and Safety Act and Regulations.
The Vendor shall provide full contract administration, commissioning and warranty services throughout
the assignment. The Vendor is to assign one (1) full-time team member to the task of Project Lead, for the
duration of the assignment. The Project Lead is to report to the City's Program Lead to ensure consistency
and coordination of the work in all phases of the assignment. In addition, a Vendor Program Coordinator
will be required to manage and coordinate all Program level tasks including arranging all site visits required
under the Program. The City will provide the Vendor with the list of site contacts at the onset of the
Program. The Vendor's Program Coordinator will be required to perform all scheduling duties required.
The Program Coordinator is to have previous Program level coordination experience.
4.0 PROPOSAL EVALUATION AND SELECTION PROCESS
4.1 Selection Committee
All Proposals will be evaluated through a comprehensive review and analysis by a Selection Committee,
which will include members of City staff.
The Selection Committee may, at its sole discretion, retain additional committee members or advisors.
The aim of the Selection Committee will be to select one (1) Proposal which in its opinion meet(s) the City's
requirements under this RFP and provide(s) the best overall value to the City. The Proposal(s) selected, if
any, will not necessarily be the one(s) offering the lowest fees or cost (pricing). Pricing is only one of the
components that will be used to determine the best overall value for the City.
By responding to this RFP, Proponents will be deemed to have agreed that the decision of the Selection
Committee will be final and binding.
4.2 Selection Criteria
The Selection Committee will evaluate proposals as per the Proposal Evaluation Table 4.3. based on the
Proponents meeting the mandatory requirements.
4.2.1 - Stage One (1) Initial Evaluation: Mandatory Requirements
Proposals will be reviewed to assess compliance with the Mandatory Requirements as per Section 5.
Mandatory submission requirements will be scored PASS/FAIL if all the mandatory requirements are not
met, the Proposal will not be further evaluated and will be considered non-compliant.
17 of 128
Viewing
Cop
y
4.2.2 - Stage Two (2) Technical Proposal Evaluation
The City will commence the Stage Two (2) evaluation process for all Proposals that achieve a score of
" Pass " for all elements of Stage One (1) - Initial Evaluation: Mandatory Requirements.
a) Stage Two (2) Technical Proposal Evaluation is based on the Proponent's technical portion of the
Proposal, consisting of the details of Subsections 1 to 8 of Section 5.4 Proposal Content as well as Table
4.3.
b) Stage Two (2) Technical Proposal evaluation is worth 60% (or 60 out of 100 Points ) of the overall points
available. Proponents must meet a minimum threshold of 70 % (or 42 out of 60 points ) in this stage to be
eligible to proceed to Stage Three (3) - Interviews
Proponent responses will be evaluated and scored using the Scoring Criteria outlined in the Table 4.1.
Table 4.1 Scoring Scale
Score Rating Detailed Description
5 Excellent Response fully meets City's Requirement, and in some areas exceeds
expectations and relevant industry best practices/standards.
4 Good Response meets most of the City Cooperative's Requirement.
Low risk per relevant industry best practices/standards.
3 Adequate
Response partially meets the City Cooperative's Requirement or addresses
most but not all components of the requirement.
Medium level risks identified per relevant industry best practices/standards.
2 Weak
Response falls short of meeting the City Cooperative's Requirement or only
addresses some components of the requirement.
Major risks identified per relevant industry best practices/standards.
1 Poor Response is unacceptable or response is minimal (e.g. only statement of
compliance with no substantiation)
0 Unsatisfactory
Non responsive (e.g., a statement and/or substantiation that doesn’t address
or is not relevant to the requirement).
Does not offer an explanation or ability to answer the question and/or meet
the requirement/s.
Stage Three (3) Interviews:
(1) All Proponents who have met the minimum threshold at the end of Stage 2 will be eligible to
proceed to Stage 3 – Interviews with the Selection Committee. The City reserves the right to limit
those interviews to the top five (5).
(2) The Interviews will be scored by the Selection Committee based on their written proposals.
(3) In the event that fewer than three (3) of the Proposals achieve the required minimum thresholds ,
the City, at its sole discretion, may create a short-list comprised of up to three (3) top-scoring
Proponents to proceed to Stage Three (3),
(4) Every Proponent will be provided the same lead time (approximately one (1) week or five (5)
Business days) to prepare for the interview from the time the agenda and list of questions are
provided by the Selection Committee, to the time the interviews takes place.
(5) The City will be under no obligation to advise those not receiving an invitation until completion of
the evaluation and selection process.
18 of 128
Viewing
Cop
y
(6) Stage three (3) - Demonstration is worth 10 points out of 100 of the overall points available.
There is no threshold in this Stage.
(7) Refer to Section 4.6 for additional information related to the Interview Phase.
Stage Four (4) – Cost Evaluation
a) Only Proponents who meet a minimum threshold of 70% (or 42 out of 60 points) in Stage Two (2) –
Technical Proposal Evaluation, and who participate in Stage Three (3) –Interviews will proceed to Stage
Four (4) – Cost Evaluation and having their cost evaluated. Cost evaluations will be based on the points
and equations defined in Table 4.2.
b) Stage Four (4) – Cost Evaluation is worth of 30% (or 30 out of 100 points) of the overall points
available.
Table 4.2 - Cost of Services Evaluations
Cost of Service Evaluation
Item
Number
of Points
available
Equation used to determine Proponents Cost of Services
score
Tab F- Fee Determination 17 Proponent score = (lowest total cumulative cost/Proponent
total cumulative cost) x 17 points
Tab G- Hourly Rates 8 Proponent score= (lowest total cumulative hourly rate/
Proponent total cumulative hourly rate) x 8 points
Tag H- Value Add (based on
overall cost savings to the
project)
5 Proponent score = (Proponents total cumulative cost
savings/highest total cumulative savings) x 5 points
Proposal evaluation results shall be the property of the City and are subject to MFIPPA. Evaluation results
may be subject to public release pursuant to MFIPPA.
Proponents should be aware that Council and individual Councillor's have the right to view the Proposals
provided that their requests have been made in accordance with the City’s procedure
4.3 Selection Process
The Selection Committee will score the Proposals using Table 4.3 Proposal Evaluation Table.
If the submission fails any mandatory requirements, the Proposal will be rejected.
A Proponent's technical portion of the Proposal must score a minimum threshold of 70% (42 points out of
60 points) for the Cost of Services envelope to be opened and evaluated.
Purchasing & Materials Management Division may open the Cost of Services envelopes to ensure
compliance with the requirements of the RFP; however, the Selection Committee will not have any
19 of 128
Viewing
Cop
y
knowledge of any information contained in the Cost of Services envelopes until evaluations for the technical
portion of the Proposal are complete and Proponents have been short-listed.
The Proposal that achieves the highest Total Score will be ranked first. The Total Score shall be the sum of
score for Stage 2, Stage 3, and Stage 4. In the event of a tie Total Score, the Proponent achieving the highest
score for its technical portion of the Proposal will be ranked first overall.
4.4 Schedule of Events
Date Milestone
April 3, 2019 RFP Issue Date
April 16, 2019 Deadline for Submission of Part 1 documents -
Refer to Section 5
April 17, 2019 Additional Technical Information is released to
Proponents who pass Stage 1
May 1, 2019 Deadline for Questions
May 8, 2019 Deadline for Issuance of Any Addenda
May 15, 2019 RFP Closing Date (12:00pm local time)
May 16-May 31, 2019 Evaluations
June 5-June 19 2019 Interviews
Table 4.3 Proposal Evaluation Table
Stage 1. MANDATORY
As described in Section 0 PASS______FAIL______
Stage 2. TECHNICAL PROPOSAL CONTENT
EVALUATION CRITERIA AVAILABLE POINTS TO BE
AWARDED
a. Proponent Profile, Project Experience, Social Procurement 14 b. Program Team, Experience and Structure 14 c. Program Understanding and Approach 12 d. Program Work Plan 10 e. Schedule, Cost, and Quality Management Plans 5 f. Innovation and Value Add- Proposed Strategies 3 g. Proposal Structure and Quality 2
SUB-TOTAL 60
Stage 3. INTERVIEW/PRESENTATION (if applicable)
10
Stage 4. COST OF SERVICES
Cost of Services score based on Submittal Form A bid form submission.
All fields in Submittal Form A are to be populated.
No duplicate tables will be permitted.
Refer to Section 5.6.2 for Stage 4 scoring criteria.
30
TOTAL 100
20 of 128
Viewing
Cop
y
4.5 Clarifications
As part of the evaluation process, the Selection Committee may make requests for further information with
respect to the content of any Proposal in order to clarify its understanding of the Proponent’s response. The
clarification process shall not be used to obtain required information that was not submitted at time of close
or to promote a particular Proponent.
The Selection Committee may request this further information from one or more Proponents and not from
others.
4.6 Interviews
To be invited for an interview Proponents must achieve a score of at least 42/60 possible points in the
Technical Proposal Stage. Proponents with the highest ranked written Proposals may be invited to an
interview with the Selection Committee, the results of which will be used by the Selection Committee as
a mechanism to revisit, revise, confirm and finalize the score and select the recommended Proponent(s).
A maximum of the five (5) top scoring Proponents will be invited to an interview.
The Selection Committee may interview any Proponent(s) without interviewing others, and the City will
be under no obligation to advise those not receiving an invitation until completion of the evaluation and
selection process.
The representatives designated by the Selection Committee in its invitation to the Proponent must attend
any interview scheduled as part of this evaluation process unless the City agrees otherwise in writing and
at its sole discretion. It is expected that all representatives will contribute during the Interview process.
The representative of a Proponent at any interview scheduled is expected to be thoroughly versed and
knowledgeable with respect to the requirements of this RFP and the contents of its Proposal, and must have
the authority to make decisions and commitments with respect to matters discussed at the interview, which
may be included in any resulting Agreement.
The representatives designated by the Selection Committee in its invitation to the Proponent must attend
any interview scheduled as part of this evaluation process unless the City agrees otherwise in writing and
at its sole discretion. Where the staff team proposed by the Proponent is an important element in the
selection criteria, the staff team proposed shall be present for the interviews.
No Proponent will be entitled to be present during, or otherwise receive any information regarding, any
interview with any other Proponent.
Refusal of a Proponent to participate in an interview requested by the City may, in the City's sole discretion,
be considered a failure of the Proponent to provide the full requirements of the RFP and thus be subject to
disqualification.
Proponents shortlisted for interviews will be asked to recommend Key Performance Indicators (KPI's)
and/or a Scorecard tools. Only those Proponent’s short listed, will be requested to submit Vendor
Management tool(s).
In addition to Vendor Management tool(s), the shortlisted Proponent's will also develop a Client Feedback
Survey that will be issued to Senior Leadership that will focus on client expectations and continuous
improvement. Performance Management Methodology will also be discussed with the shortlisted
Proponents.
21 of 128
Viewing
Cop
y
Final Vendor Management tool(s) used in this Program will be at the sole discretion of the City's Program
Lead.
4.7 Evaluation Results
Upon conclusion of the evaluation process, a final recommendation will be made by the Selection
Committee to the appropriate City staff member and/or City Council.
Proposal evaluation results shall be the property of the City and are subject to MFIPPA. Evaluation results
may be subject to public release pursuant to MFIPPA.
Proponents should be aware that Council and individual Councillor's have the right to view the Proposals
provided that their requests have been made in accordance with the City’s procedure.
4.8 Negotiations and Agreement
The award of any Agreement will be at the absolute discretion of the City. The selection of a recommended
Proponent will not oblige the City to negotiate or execute an Agreement with that recommended Proponent.
Any award of an Agreement resulting from this RFP will be in accordance with the bylaws, policies and
procedures of the City.
The City shall have the right to negotiate on such matter(s) as it chooses with the recommended Proponent
without obligation to communicate, negotiate, or review similar modifications with other Proponents. The
City shall incur no liability to any other Proponent as a result of such negotiation or alternative
arrangements.
During negotiations, the scope of the services may be refined, issues may be prioritized, responsibilities
among the Proponent, all staff and sub-consultants provided by it and the City may be settled and the issues
concerning implementation may be clarified.
Any Agreement must contain terms and conditions in the interests of the City and be in a form satisfactory
to the City Solicitor. If the Agreement requires City Council approval, then the final Agreement must
contain terms and conditions substantially as set out in the Council report authorizing the Agreement. Any
Agreement will incorporate as schedules or appendices such part of the RFP (including addenda) and the
Proposal submitted in response thereto as are relevant to the provision of the goods and/or services.
The terms and conditions set out in the Draft Legal Agreement provided in Appendix C shall be
incorporated in any Agreement entered into with the Vendor. These terms and conditions are mandatory
and are not negotiable. Any Proponent wishing to request that the City consider any changes to the terms
and conditions set out in Appendix C must follow the process outlined in section 5 of Appendix B.
Where there is a discrepancy between the Draft Legal Agreement terms and the Legal terms noted in this
RFP, City Staff is to be made aware of the discrepancy before the RFP is awarded. Where discrepancies
are not noted the more stringent requirement is to be enforced.
If any Agreement cannot be negotiated within thirty (30) business days of notification to the recommended
Proponent, the City may, at its sole discretion, terminate negotiations with that Proponent and negotiate an
Agreement with another Proponent or abort the RFP process and not enter into any Agreement with any of
the Proponents. The City reserves the right to extend the negotiation period within five (5) days of the
expiry date, at its sole discretion.
22 of 128
Viewing
Cop
y
The City shall be under no obligation to accept a Proposal without amendment, alteration, counter offer, or
any changes that may result from negotiations with the Proponent submitting the Proposal.
The City reserves the right to award a contract in whole or in part.
The City reserves the right to review the progress of the Program at the end of each year to determine
whether or not the contract should be terminated based on performance.
The City will not pay for any costs associated with the development of Proposals or to cover the costs for
attendance of interviews.
For reference, a Draft Legal Agreement is included in Appendix C. It is the City's intent to amend this
Agreement for execution prior to the initiation of the work.
4.8.1 Insurance Requirements
The Vendor agrees to purchase and maintain in force, at its own expense and for the duration of the services,
the following policies of insurance, which policies shall be in a form and with an insurer acceptable to the
City. A certificate evidencing these policies signed by the insurer or an authorized agent of the insurer must
be delivered to the City prior to the commencement of services:
Commercial General Liability provided that the policy:
(i) is in the amount of not less than Two Million Dollars ($2,000,000.00), per occurrence;
(ii) adds the City of Toronto as an additional insured;
(iii) includes Non-Owned Automobile Liability, Employer's Liability and/or Contingent
Employer's Liability, and any other provision relevant to the services;
(iv) includes a clause, which will provide the City with thirty (30) days' prior written notice of
cancellation (15 days if cancellation is due to non-payment of premium).
Professional Liability (errors and omissions) coverage provided that the policy:
(i) is in the amount of not less than Two Million Dollars ($2,000,000.00);
(ii) will extend to infringement of copyright and other intellectual property, including misuse of
trade secrets, if appropriate.
Notwithstanding anything to the contrary contained in this Agreement, kept in full force and effect for a
period of time ending no sooner than TWO (2) YEARS after the termination or expiry of this Agreement,
as the case may be.
Automobile Liability Insurance with a minimum limit of One Million Dollars ($1,000,000.00) for all owned
or leased licenses motorized vehicles used in the performance of services.
It is understood and agreed that the coverage and limits of liability noted above are not to be construed as
the limit of liability of the Vendor in the performance of services. It is also agreed that the above insurance
policies may be subject to reasonable deductible amounts, which deductible amounts shall be borne by the
Vendor. At the expiry of the policies of insurance, original signed Certificates evidencing renewal will be
provided to the City without notice or demand.
The Vendor is responsible for any loss or damage whatsoever to any of its materials, goods, equipment, of
supplies and will maintain appropriate all-risk coverage as any prudent owner of such materials, goods,
supplies, and equipment. The Vendor shall have no claim against the City or the City's insurers for any
23 of 128
Viewing
Cop
y
damage or loss to its property and shall require its property insurers to waive any right of subrogation
against the City.
5. PROPOSAL SUBMISSION REQUIREMENTS
5.1 General Overview
The City has formulated the procedures set out in this RFP to ensure that it receives Proposals through an
open, competitive process, and that Proponents receive fair and equitable treatment in the solicitation,
receipt and evaluation of their Proposals. The City may reject the Proposal of any Proponent who fails to
comply with any such procedures.
Proposals are expected to address the RFP content requirements as outlined herein, and should be well
ordered, detailed and comprehensive. Clarity of language, adherence to suggested structuring, and adequate
accessible documentation is essential to the City’s ability to conduct a thorough evaluation. The City is
interested in Proposals that demonstrate efficiency and value for money. General marketing and
promotional material will not be reviewed or considered.
The City requires that the assumptions used by a Proponent in preparing its Proposal are kept at a minimum
and to the extent possible, that Proponents will ask for clarification prior to the deadline for Proponent
questions rather than make assumptions. Proponents should also review sections 3 to 6 of Appendix B with
respect to asking questions about the RFP. Where a Proponent's assumptions are inconsistent with
information provided in the RFP, such Proponent risks disqualification by the City in the City's sole
discretion.
The fee submitted as part of the Proponents proposal is to cover all costs associated with the work described
herein including all disbursements, including but not limited to all sub-consultants, labour, salaries,
statutory deductions, profit, other overhead, materials, equipment, licenses, analysis, travel,
accommodations, communications, transportation and delivery costs (courier, long distance charges and so
on), staff time, City/Vendor meetings, meals, mileage, photo copy services any/all other operational costs
and fees associated with the Services including and any other expense or liabilities related to its own
personnel, and subcontractors and suppliers and respective personnel. The City will not be responsible for
any additional costs. The City, at its sole discretion, will determine the appropriate contingency and cash
allowance values based on building characteristics and based on industry standards. The Vendor shall be
solely responsible for any and all payments and/or deductions required to be made including, but not limited
to, those required for the Canada Pension Plan, Employment Insurance, Workplace Safety and Insurance,
and Income Tax.
All fees submitted as part of Submittal Form A, are to include all costs associated with the work described.
5.1.1 No Incorporation by Reference
The entire content of the Proponent's Proposal should be submitted in a fixed form, and the content of
website or other external documents referred to in the Proponent's Proposal, but not attached WILL NOT
BE CONSIDERED to form part of its Proposal.
5.2 RFP Key Documents and 2-Part Submission Process
The Submission of documents for this RFP will follow a 2-Part format:
Part 1 – Submission of the following mandatory documents by the deadline shown on page 1 of
this RFP:
24 of 128
Viewing
Cop
y
1) The original Non-Disclosure Declaration (NDD), signed and delivered in person to the City
Contact to the address specified on page 2 of the RFP, as described in Appendix D of this
RFP.
2) Intent to Bid – Form 3 in Appendix G; acceptable by e-mail.
3) Description of the Prime Proponent firm's nature of business (as per Appendix B –RFP
Process Terms and Conditions). Organizational chart and supporting documentation to
qualify that the Prime Proponent's firm meets the mandatory requirement of the Firm Size,
as per Section 5.3; acceptable by e-mail.
This RFP includes Accessibility Audit Reports and DSS Reports that are stored on a secured website.
Accessibility Audit reports and DSS Audit reports may only be released by the City to viable
parties following their submission of Phase 1 documents. Only those firms approved after their Part
1 Submission, at the sole discretion of the City, will be permitted access to Accessibility Audits and
DSS reports.
All eligible proponents will be given download access at the same time via email.
Important note: access to download Accessibility Audit reports and DSS Audit reports will be
available for 7 days only.
Part 2 – Submission of the full Proposal by the RFP Closing Deadline, per Section 0.
5.3 Proposal Documentation and Delivery
The Submission shall be a two- envelope system. The Cost of Services Submission (Submittal Form A)
must be PACKAGED AND SEALED IN A SEPARATE ENVELOPE labelled Cost of Services
(submission by fax, telephone, electronic message or telegram will not be accepted) displaying a full and
correct return address;
The documentation for each Proposal must be submitted in a sealed envelope or container (submissions
made by fax will not be accepted) displaying a full and correct return address;
The two (2) envelope system submission will contain the following:
5.3.1 Envelope 1 – Technical Proposal Document
1) Must consist of:
(i) A Technical Proposal Document as described in the section 5.3 below titled Proposal
Content, including all attachments and appendices as required. (Mandatory)
(ii) Form 1 (Proposal Submission Form) completed and signed by an authorized official of
the Proponent. This includes the acknowledgement of all addenda received as per
Appendix B, item 4. (Mandatory)
Hard copy submittal: shall consist of one (1) original (clearly marked as such on its first page) and
five (5) full copies and one (1) accessible pdf version.
Soft copy submittal: shall consist of one (1) USB key with the Mandatory information and the
Technical Proposal only. The soft copy must be submitted on a USB key.
Note: Forms 1 and 2 are provided in Appendix G.
25 of 128
Viewing
Cop
y
5.3.2 Envelope 2 – Cost (Submittal Form A)
1) The documentation for the Cost of Services Submission:
(i) Fully completed Submittal Form A forms the Cost of Services submission. No cells in
the provided excel sheet are to be left blank or marked "n/a". All cells in all tabs are to be
filled in.
(ii) Must be PACKAGED AND SEALED IN A SEPARATE ENVELOPE labeled Cost of
Services (submissions made by fax, telephone, electronic message or telegram will not be
accepted) displaying a full and correct return address;
(iii) Electronic versions should be submitted on one (1) USB storage key marked or labelled
with the Proponent name. The City prefers that such USB or similar media accompany the
original hard copy version of the Proponents Proposal. On the basis that in the event where
there are deviations between the original hard copy, the additional hard copies, and the soft
copy, the hard copy identified as the "original", shall prevail;
Hard copy submittal: shall consist of one (1) original (clearly marked as such on its first page) and
five (5) full copies and one (1) accessible pdf version.
Soft copy submittal: shall consist of one (1) USB key with the Cost of Services documentation. The
Cost of Services - Submittal Form A shall be saved in both pdf format and MS Excel format with
no additional cells locked.
NO COST INFORMATION SHALL BE INCLUDED IN THE BODY OF THE TECHNICAL
PORTION OF THE PROPOSAL OR IT WILL BE REJECTED AND DECLARED NON-
COMPLIANT.
5.3.3 Proposal Documentation
The documentation for each Proposal:
1) Must be submitted in a sealed envelope or container (submissions made by fax, telephone,
electronic message or telegram will not be accepted) displaying a full and correct return address.
2) Should be double sided, with minimum 12 point font, with unlimited appendices.
3) Must be completed in a non-erasable medium and signed in ink;
4) Must not include:
(a) any qualifying or restricting statements;
(b) exceptions to the terms and conditions of the RFP that have not be approved through an
addendum; or
(c) additional terms or conditions.
5) On the basis that in the event where there are deviations between the original hard copy, the
additional hard copies, and the soft copy, the hard copy identified as the "original", shall prevail.
6) Must be delivered no later than the Closing Deadline to:
Chief Purchasing Official
Purchasing and Materials Management Division
18th Floor, West Tower, City Hall
Toronto, ON, M5H 2N2
26 of 128
Viewing
Cop
y
Delays caused by any delivery service (including Canada Post and courier) shall not be grounds for
any extension of the Deadline, and Proposals that arrive after the Deadline will not be accepted.
7) No cost information shall be included in the body of the technical portion of the Proposal or it will
be rejected.
8) Must include references as per section 5.0;
5.4 Proposal Content
STAGE 1 – MANDATORY REQUIREMENTS (PASS/FAIL)
The mandatory requirements listed below must be met by the Prime Proponent.
Requirement 1 – Firm Size:
Proponents shall have an organization, with adequate staffing to ensure their ongoing
ability to deliver and support the work over the period of the assignment.
Prime Proponent firm must have a minimum of 50 full time equivalent (FTE)
employees. These staff is to be comprised of professional services staff including
engineers, architects, interior designers, CAD designers, accessibility consultants
and/or others with relevant professional designations required to perform the design
and contract administration required for this Program.
NO Joint ventures for architectural/design services are permitted. Sub-consultants are
not considered a Joint Venture. Architectural firms, or firms that have full Architectural
services in house, shall be the Prime Consultant on the Program, given the nature of
the work described in Submittal Form A.
Provide a staffing organizational chart to qualify that these mandatory requirements
are met.
STAGE 2 – TECHNICAL PROPOSAL (TOTAL 60 POINTS)
The Technical Proposal should contain the following items:
Title Page- Showing RFP number, closing date and time, Proponent's name, address, email address and
telephone and fax numbers of the Proponent firm.
Letter of Introduction – Introducing the Proponent and signed by the person(s) authorized to sign on
behalf of and to bind the Proponent to statements made in response to this RFP. This should contain the
same signature as the person signing the submission forms.
Provide details for a contact person who will act as the Proponent’s representative for post-submission
communications.
Addenda issued during the RFP period must be acknowledged in the cover letter to your Proposal response.
The Proponent will be bound by all Addenda.
Table of Contents – Include page numbers and identify all included materials in the Proposal submission.
Reference the Subsection number convention used below within Proposal submissions.
27 of 128
Viewing
Cop
y
Subsection 1 – Executive Summary
Provide an Executive Summary, briefly highlight the firm(s) and individuals that will be working to deliver
on the program goals; highlighting relevant projects delivered to date. Include a brief description of the
team's program understanding and how the program goals will be met, given the tight timelines.
The executive summary is to be limited to half a page.
Subsection 2 – Proponent Profile, Project Experience, and Social Procurement (total 14 points)
i. Proponent Profile: (3 points)
Provide an overview of the Proponent's firm, its history, and its future plans. Include a list of present
or pending assignments with the City, if any.
In the Overview also include the following:
Date Company started
Products and/or services offered
The firm's commitment to remove accessibility barriers and to promote 'access for all'
across it's projects and within its own operations/building(s)
Total number of employees
Major clients
Preference will be given for firms with a long standing history and experience working with the
City.
ii. Project Experience: (9 points)
Proponents shall demonstrate experience by completing and submitting Table 5.1 with their
Proposal and providing descriptions of projects that the Proponent has completed within the past
five (5) years. Provide a minimum of five (5) projects in the table. List projects with details as to
size, location, owner, and names of the staff that managed these projects, to demonstrate relevant
experience.
The reference projects must have been successfully commissioned and at a minimum achieved
Substantial Performance. The projects that are identified must have a value noted. If they do not
have a value and are noted as confidential, they will not be scored. Include project profile
documentation, where available.
Table 5.1 Project Experience and References
Project Information References
Project
Name
Project Value
($)
Project Size, Location,
Scope
Project Stage /
Year of
Completion
Key Staff
& Roles
Company
Name
Contact
Details
Relevant Assignments – minimum five (5) projects:
1)
2)
3)
4)
5)
28 of 128
Viewing
Cop
y
Notes:
Under "Project Size, Location, Scope," summarize the key characteristics of the project and describe
services provided on the project.
In providing references, Proponents agree that the City can contact the individuals listed as part of
the evaluation process. The City will make its own arrangements in contacting the references.
Substitution of references will not be permitted after the close of the RFP.
Preference will be given to projects that are of Similar size, budget, type, and complexity. It is
important that the work be undertaken by a Proponent who can demonstrate specific knowledge of,
and experience in performing work of Similar size, budget, type and complexity.
In this RFP the term "Similar size, budget, type, and complexity" is defined in Section 1.2
Definitions.
iii. Workforce Development and Social Procurement: (2 points)
Proponents are to submit a detailed Workforce Development Plan (the "WD Plan") that identifies
which strategies, if any, from among the categories in Section 1.1 to 1.5, summarized below, the
Proponent is committed to deliver during the term of the assignment, as well as details on the
implementation of the WD Plan.
The WD Plan should also:
Designate a liaison within the Proponent's organization who will implement and maintain the
WD Plan and provide status updates and outcomes;
Specify the frequency of meetings that will be included for meeting with a designated City
representative to review and refine the WD Plan and provide updates on implementation
activities; and
Include a process for maintaining records of progress and outcomes and share these records
with the City at agreed intervals throughout the contract, at the end of the contract and upon
request by the City.
The WD Plan may also include subcontractors associated with any aspect of this Program, where
feasible. The WD Plan can include strategies within this assignment, as well as strategies for
consideration in the Construction Assignments as part of the project delivery. Any costs associated
with additional effort above and beyond the base scope of work are to be included in the Innovations
section of the costing submission.
Proponents should submit examples of how similar initiatives have been delivered by the Proponent
in the past. Each example should include details of the Program or initiative and documented
evidence of success.
The Proponent should demonstrate its commitment to diversity by:
Describing your company's commitment to an active Proponents diversity Program,
including providing a company approved policy related to Proponents diversity and
demonstrated results of the policy.
Describing your company’s commitment to a pro-active employment diversity
Program, including providing the company approved employee diversity policy and
demonstrated results of the policy.
Diverse Supplier: if the Proponent is certified by a Supplier Diversity Organization,
the Proponent should provide evidence of such certification.
29 of 128
Viewing
Cop
y
Special consideration should be given to provide employment opportunities to peoples with disabilities. A
disability is a physical or mental condition that limits a person's movements, senses, or activities. It will be
expected that these individual(s) will proactively be included in the design decision making processes,
wherever feasible. This will allow a "people first" approach to delivery of this Program.
The following strategies are to be detailed in the WD Plan.
1.1 Customized Recruitment
Customized recruitment initiatives involve needs-based approaches to sourcing qualified
candidates for available jobs, developed and implemented in conjunction with existing hiring
methods.
1.2 Training and Work-based Learning Skills Development
Training includes programming that allows candidates to formally gain the skills required to
compete for emerging job opportunities. This may include but is not limited to supporting the
attainment of professional certifications or licensing for specific candidate groups (e.g., Newcomer
professionals, youth, persons with disabilities etc.).
Work-based learning involves but is not limited to activities that emphasize learning in a real work
environment and through practice on the job. Activities range from shorter and less formal
workplace exposure (e.g., workplace tours and job shadowing) to longer term and more intensive
opportunities (e.g., paid internships with specific skill development objectives).
1.3 Opportunities for Registered Apprenticeships during Construction
Identify opportunities to hire, directly and/or through subcontractors, registered apprentices
through City-endorsed apprenticeship training programs that provide candidates with access to the
skilled trades.
1.4 Use of Social Enterprise in the Supply Chain
Identify opportunities to subcontract components of work or services to social enterprises. Social
Enterprises are enterprises that employ business methods and practices to create employment or
training opportunities for low income or marginalized individuals.
1.5 Other Employment-Related Activities
Any other appropriate activities that will provide employment-related opportunities to workforce
development candidates will also be considered. Employment-related activities that qualify under
this category may include but are not limited to the following:
Participating in sector/industry career information sharing, learning and networking events
Providing mentoring through established mentorship programs
Supporting pre-employment workshops such as resume and interview skills development
30 of 128
Viewing
Cop
y
Subsection 3 – Program Team, Experience, and Structure (total 14 points)
i. Project Team and Experience (10 points)
Proponent teams must be made up of Architects, Engineers, and consultants with good standing in
their professional associations. Preference will be given to teams with extensive and relevant
experience/qualifications with a specialized focus on accessibility and 'human-centered' design
excellence.
The City requires a well-rounded and experienced Proponent team. The team members and their
years of experience are to be listed in Table 5.2. Note, Proponents can add to this team member list
in the "Other" rows provided. If additional space is required the Proponents may attach an expanded
table within their submission. The expanded table should be rational and reasonable in terms of new
roles introduced.
The Proponent is required to assemble a multi-disciplinary team whose expertise matches the
specific needs of the Program requirements. Proponents should provide specific examples of
qualifications of each team member to demonstrate sufficient experience.
Within Table 5.2, the Proponents shall:
Identify key Program Lead staff for this assignment. Provide information on their
specific experience and proposed roles on the team. The experience profiles should
highlight their expertise with examples of completed assignments, including their roles
and responsibilities.
Identify key Technical staff proposed for this assignment. Provide their professional
qualifications related experience and the proposed roles and responsibilities for this
Program.
Outline recent experience of the proposed team members on projects of a similar nature
with details as to scope, budget, and schedule.
The Proponent may allow up to 25% of their team to undertake up to two (2) Program roles, (as
listed in Table 5.2), per team member. The Proponent must provide evidence of how the two roles
can be performed by one individual without any time commitment or resourcing conflicts. The
exception to this is for the role of Program Lead which is expected to be a full-time role over the
course of the Program.
Provide detailed CVs in an appendix. All CVs should be arranged in order by discipline.
The Proponent shall submit signed consent forms authorizing the disclosure of personal information
to the City, or its designated agent(s), for any CV's that are submitted. The Proponent will accept all
liability if not disclosed to the City.
Continuity of key personnel will be required, with a contractual obligation for substitutions only
permitted with a written approval by the City.
Preference will be given to team members with the most experience with most relevant experience
related to this Program.
31 of 128
Viewing
Cop
y
ii. Project Team Structure (4 points)
Provide a Project Team Organizational Chart to show the structure of the proposed team. The
Proponent is required to fill the Program roles including, but not limited to those listed in Table 5.2.
A minimum of one staff is to be provided for each Program Role defined in Table 5.2. No Program
Roles are to be left blank or marked as n/a. Include the name of the firm, where the Program Role is
filled by a sub-consultant.
Table 5.2 Program Team Members and Qualifications
Program Role
Proposed No.
of Staff
Years of
Experience
Related Experience &
Qualifications. Include the name of
the firm, if sub-consultant
Principal in Charge/Relationship
Manager 1
Program Lead
Accessibility Consultant
Wayfinding and Signage
Consultant
Program Coordinator
Project Lead
Design Manager/Technical Design
Lead
Senior Architect
Intermediate Architect
Senior Interior Designer (ID)
Intermediate Interior Designer (ID)
Senior Civil Engineer
Intermediate Civil Engineer
Senior Electrical Engineer
Intermediate Electrical Engineer
Senior Mechanical Engineer
Intermediate Mechanical Engineer
Senior Structural Engineer
32 of 128
Viewing
Cop
y
* Note that only environmental consulting firms previously approved by the City of Toronto's are allowed
to carry out work, related to Designated Substances Surveys (DSS) and abatement. These firms are:
Fisher Environmental, ECOH Management and Pinchin
Intermediate Structural Engineer
Technical / CADD Support
Heritage Consultant
Vertical Transportation Consultant
IT and Audio Visual Design
Consultant
Environmental Consultant *
FF&E Consultant
Sustainability Consultant / Energy
Savings Incentive Specialist
Acoustic Design Consultant
Security Consultant
Landscape Architect
Code Consultant
CPTED (Crime Prevention
Through Environmental Design)
Consultant
Window Consultant
Cost Estimator
Commissioning Agent
Other:
33 of 128
Viewing
Cop
y
Sub-Section 4 – Project Understanding and Approach (total 12 points)
i. Provide a project understanding summary demonstrating an understanding of the assignment,
including a description of how the proponent will achieve the goals and objectives to
successfully complete the multi-location Program mandate with a focus on design excellence
and removing accessibility barriers. In your summary highlight how your team will mitigate
project risks. (2 points)
ii. Identify management and control methods that will be used during the execution of the
assignment to meet the Program goals. This should include details of, but not limited to,
communication, reaching consensus amongst various stakeholders, scope, change
management, schedule, risk management, staff/resource planning, and dispute prevention
measures, and resolution. State assumptions regarding roles and involvement of City staff
beyond those identified in Section 2. This is important so clarifications of any assumptions are
apparent to the Selection Committee during the review of the Proposal.
Note all communication with sub consultants and team member will be required to be secured
and private via a password protected FTP site or equivalent, as approved by the City. (2 points)
iii. Detail your approach to securing required permits and approvals. (2 points)
iv. Provide your intended strategy to staying on schedule for project completion by December
2024, with emphasis on the possible acceleration and overlap of project delivery and
assignment execution. (2 points)
v. Detail constructability concerns recognizing operational limitations, escalation of complaints
during construction, constructor issues, and quality control. (2 points)
vi. Develop a procurement strategy that will provide the City with cost saving opportunities.
(2 points)
Sub-Section 5 – Program Work Plan (total 10 points)
Provide a proposed Program Work Plan with the following elements:
i. Program Methodology method- The work plan should detail your approach to each phase of
the Program including engineering studies, pre-design activities, detailed design activities
(including all necessary approvals and permits prior to tendering, tender period, award of
contract(s)) and construction and post-construction activities. The work plan should be
structured to match the scope defined here, but be expanded on to include activities under each
phase. The work plan should clearly identify the base scope items and provisional items
separately. (3 points)
ii. Program schedule (Gantt chart format). In the schedule indicate all tasks, deliverables and
significant milestones. The schedule should detail a project-specific approach for each project,
including pre-design, detailed design, and construction administration. Post-construction
should include engineering services during warranty and maintenance period, operational,
process and maintenance support services. Provide an estimated overall timeline of the
Program, including an indication of the date of commencement. Key dates for major
deliverables must be clearly defined in the Proponent's detailed work plan and highlighted in
the Gantt chart. Gantt chart to include logical linking of interdependent tasks and identification
of the project critical path. Allow three (3) weeks for each City review. The City will not tender
projects without all required approvals. (3 points)
34 of 128
Viewing
Cop
y
iii. A process for mitigating possible risks associated with the completion of this assignment. If
the Proponent wishes to comment on the Program duration and/or timeline, this is to be
included and explained in the Proposal. The Proponent's ability to maintain the proposed
schedule will be evaluated quarterly and in the performance review period at the end of the
Program. (2 points)
iv. Provide a time-task matrix breakdown including the six elements noted below. The time-task
matrix is to clearly identify the number of hours anticipated per team member over the course
of the Program. It is expected that the Project Lead will be full-time over the course of the
Program as described in Section 2.2. (2 points)
a. Program Level Reporting
Program Management Meetings, Workshops, and Training
Work plan, Schedule Updates, and Activity Reporting
Financial Tracking and Auditing
Dashboard Reporting
Issues Logging, Risk Register Tracking, and Design Change Logging
b. Audit Report Validation and Schematic Design
Public and Stakeholder Consultations
Alternatives Development and Review, and Development of Preferred
Alternative
Preliminary Design Workshops/Meetings
Approvals and Permitting
Cost Estimate
c. Preliminary and Detailed Design
Stakeholder Consultations
Approvals and Permitting
Design Development
Design Workshops/Meetings
Risk Assessment
QA/QC Review
Cost Estimate
Final Design and Tendering
Procurement and Bid Evaluation Support
d. Contract Administration Services
Pre-construction and Site meetings
Review of shop drawings, RFI's and inspection reports
Construction inspection services
QA/QC Compliance audits
Occupational Health and Safety Review
Commissioning and Testing
Consolidation Report and AS-Built/Record Drawings
As-Built/Record Drawings
Final Acceptance Report
e. Post Construction Services
Warranty Services
35 of 128
Viewing
Cop
y
Sub-Section 6 – Schedule, Cost, and Quality Management Plans (total 5 points)
i. Provide a brief description of the underlying assumptions associated with the proposed Program
schedule and describe methods for maintaining the schedule. Outline the schedule control
measures that will be implemented in order to ensure that the timeline provided for the Program
will be maintained. This may include pre-project planning, communication, scope management,
time management, cost estimation, risk management, staff planning, cost control measures, dispute
prevention and resolution, and quality management. In the schedule control measure section
consider including proposed procurement strategie(s) and/or phasing of construction activities that
will provide optimal Program level delivery, while providing the City with cost saving
opportunities i.e. through bulk pricing contracts etc. Provide a brief description of the quality
management tools and techniques that will be implemented to ensure quality construction and
overall program delivery. Provide examples of successful implementation of all these strategies in
previous Programs (if applicable).
Sub-Section 7 – Innovation and Value Add- Proposed Strategies (total 3 points)
i. Identify creative and cost effective strategies that will i) save money and/or ii) add value or
innovation to the Program using Table 5.3 below. Provide a brief description of each strategy
proposed. Specify all value added activities or innovative ideas that are proposed, but were not
specified in the RFP.
Innovations and Value add strategies are to be defined in the following categories within Table
5.3.
Anticipated benefits to the project, including cost savings and schedule management, are to be
noted in the table below. In addition, Proponents are to confirm if the strategy proposed will carry
an anticipated extra cost within the final column. Note- Do not include costing information in
Table 5.3. Dollar value cost savings or additional cost information is to be included in the
Envelope 2 submission only. (3 points)
Table 5.3 Innovation and Value Add Proposed Strategies
Project Information
Proposed Strategy
(with brief description) Category
Anticipated benefit
to the Project
Anticipated
extra Cost to the
Project?
(Y or N only)
1)
2)
3)
36 of 128
Viewing
Cop
y
Sub-Section 8 – Proposal Structure and Quality (total 2 points)
i. Responses to all sections in this RFP must be in keeping with the prescribed format and sequence
of sections and reference points. Evaluation Criteria a. through g. should be limited to 30 pages,
letter size, minimum 11 point font, with unlimited appendices. The Cover Page, Letter of
Introduction, Table of Contents, and Appendix are excluded from the 30 page limit.
When additional documentation is needed to support your Proposal, please do so keeping the Sub-
Section order outlined above for easy reference. If you intend to provide additional information
please do so using an Appendix called "Attachments". All Appendix Attachments will be included
in the 30 page limit. Please reference these attachments that will complete your response to each
answer.
Table 5.1 and 5.2 must be printed in tabloid size (11"x17").
STAGE 3 – INTERVIEW/ PRESENTATION (TOTAL 10 POINTS)
The top scoring Proponents may be selected to participate in an interview/presentation. A maximum of five
(5) Proponents may be invited for interviews.
All selected Proponents will be provided with a list of predetermined questions prior to the
Interview/Presentation session. The Proponents will be required to address all questions in a Presentation
format, which will include handouts and a PowerPoint presentation to be presented to the evaluation team
and other representatives of the City. Proponents who complete Stage 3 of the selection process may be
subject to a detailed reference check to include review of relevant technical qualification and experience of
Proponents on projects of Similar type, size, and complexity.
A copy of all presentation material shall be shared with the City via a USB key shared at the beginning of
the Proponent's presentation, saved in either accessible Microsoft PowerPoint or pdf format.
STAGE 4 – COST OF SERVICES (TOTAL 30 POINTS)
All cost of services documentation is to be submitted in the Cost of Services envelope as per Section 5
above.
In the event of mathematical errors found in the pricing pages, the prices quoted in Submittal Form A
shall prevail. Extensions and totals will be corrected accordingly by City staff and adjustments resulting
from the correction will be applied to the fee quoted.
Prices submitted in a Proposal are to be firm for the duration of the RFP process and the term of any
resulting Agreement.
All prices must be stated in Canadian currency. The Proponent shall assume all currency risk.
The fee submitted as part of the Proponents proposal is to cover all costs associated with the work described
herein including all disbursements, including but not limited to all sub-consultants, labour, salaries,
statutory deductions, profit, other overhead, materials, equipment, licenses, analysis, travel,
accommodations, communications, transportation and delivery costs (courier, long distance charges and so
on), staff time, City/Vendor meetings, meals, mileage, photo copy services any/all other operational costs
and fees associated with the Services including and any other expense or liabilities related to its own
personnel, and subcontractors and suppliers and respective personnel. The City will not be responsible for
any additional costs. The City, at its sole discretion, will determine the appropriate contingency and cash
37 of 128
Viewing
Cop
y
allowance values based on building characteristics and based on industry standards. The Vendor shall be
solely responsible for any and all payments and/or deductions required to be made including, but not limited
to, those required for the Canada Pension Plan, Employment Insurance, Workplace Safety and Insurance,
and Income Tax.
All invoices must clearly show HST as a separate value and HST "registrant" number.
Without restricting the generality of the foregoing, the Proponent acknowledges that, if it is a non-resident
person, payments to the Proponent, as a non-resident person, may be subject to withholding taxes under the
Income Tax Act (Canada). Further, unless the Proponent, as a non-resident person, provides the City with
an official letter from Canada Revenue Agency waiving the withholding requirements, the City will
withhold the taxes it determines are required under the Income Tax Act (Canada).
A. Core Pricing
The Proponent must complete and submit Submittal Form A. All blank and unlocked cells are to be filled
out. The aggregate data sheet provided in Appendix F shall be used by Proponents when providing pricing
in Submittal Form A. This will form the Proponents Cost of Services submission.
Based on the scope items defined in the Submittal Form (Tab C, D, and E) the associated fee will be entered
into the Fee Determination Form (Tab F). The total fee will be calculated as follows: Total fee=Step 1 fee+
Step 2 fee + Step 3 fee. Pricing will be fixed for the duration of the project. The fees will be subject to a
year over year fixed increase in line with the Consumer Price Index.
Note the aggregate data sheet provided in the appendix of this RFP is based on changes required on each
building to be compliant to Toronto Accessibility Design Guideline (TADG) Standards. It will be up to the
City, based on recommendations made by the Vendor, to decide which properties cannot feasibly meet the
TADG standards.
The Proponent is to submit a price for each of the scope line items listed. All prices noted in Submittal
Form A are to exclude taxes. Where Proponent leaves a field blank their Proposal shall be deemed non-
compliant.
Optional Pricing line items in Tab D and E of the Submittal Form A are to be priced separately, as noted
in Tab F of the Submittal Form A. Refer to the "Note to Proponents" section in Tab F for additional
information.
When providing pricing, refer to Submittal Form A- Tab F which identified heritage buildings within the
building list. It will be up to the Proponents to confirm the heritage status of all buildings listed.
The pricing included in the Submittal Form A are to cover all costs associated with the work described
herein including all disbursements, including but not limited to all sub-consultants, labour, profit, other
overhead, materials, equipment, licenses, analysis, travel, accommodations, communications,
transportation and delivery costs (courier, long distance charges and so on), staff time, City/Vendor
meetings, meals, mileage, photo copy services any/all other operational costs and fees associated with the
Services. The City will not be responsible for any additional costs. The City, at its sole discretion, will
determine the appropriate contingency and cash allowance values based on building characteristics and
based on industry standards.
Additional services may be procured by the City for work that is outside of the scope of this RFP using the
hourly rates provided with the proposal. The Proponent is to submit an hourly rate for each service listed
38 of 128
Viewing
Cop
y
in the Tab G of the Submittal Form A. Additional services will only be initiated once the request for
additional service has been requested by the City in writing. All hours estimated by the Vendor for
additional services will be provided using a time-task matrix and will be pre-approved by the City, in
writing, before work is to commence.
Any costs associated with Social Procurement shall be incorporated in Submittal Form A pricing.
It will be at the City's sole discretion to add and/or remove any sites from the list of buildings shown in
Submittal Form A. The City, at its sole discretion, can elect to enlist all services noted as part of Submittal
Form A or work with the Vendor to complete only a portion of the work defined, on a building by building
basis i.e. On a given building the Vendor may be asked to provide Audit Validation Services only or
Contract Administration Services only. No additional fees will be permitted in these instances beyond those
listed below if the work is to be split in this way. The cost of the services not rendered will be removed in
full from the Contract value in these instances.
The decision to renew the Contract for any option term will be at the sole discretion of the City and will be
decided at least four (4) months in advance. All terms and conditions of the Contract shall remain in effect
and continue during the optional year(s), with the exception of any price adjustment. The City may take
into consideration the following into its decision to exercise any option year:
Available budget;
The annual price adjustment;
Vendor performance during the contract; and
Operational needs
Included in the decision to accept any option year(s) of the Contract, is a price adjustment annually effective
applied after the Contract's end date in accordance with the annual Consumer Price Index (CPI), (CPI Index-
All Items-Toronto) for a 12 month period, using the most current CPI released month at the time of the first
option year renewal, conducted by the City for the deliverables included herein.
All subsequent option year renewals will be evaluated using the same CPI release month exercised during
option year one (1), of the new year being exercised. All terms and conditions of the Contract shall
remain the same and continue during the extended Term.
In addition, the City will also review the Vendor's contract performance during the Term with regard to
meeting timelines, and deliverables.
B. Taxes
Harmonized Sale Tax (HST) is to be applied to the prices submitted as specified in the relevant sections
of the call document or in the Price Schedule provided in the call.
HST for the supply and delivery of materials/goods is to be shown as additional/separate line items on the
Price Schedule and any subsequent invoices.
C. Payment Terms and Discount Schedule
1. Propose payment terms for Core Pricing. The City’s standard payment terms are 45 days from the
receipt of the invoice. The final payment terms may be subject to further negotiation.
39 of 128
Viewing
Cop
y
2. Propose any prompt payment discount terms.
If all the correct billing information has been indicated on the invoice, and no acceptable discount for
early payment has been offered, the City will endeavour to pay within the Vendor's terms from the receipt
date of the invoice in Corporate Accounts Payable Unit - Metro Hall, 55 John Street, 14th floor.
Payment terms should be clearly indicated on the invoice including early payment terms.
The City will consider offers of early payment discount terms. Discounts will only be taken when early
payment discount terms are met from the receipt date of the invoice in the Corporate Accounts Payable
unit.
Note: Discount terms for early payment cannot be earlier than 15 days from the receipt date of the
invoice by the City of Toronto, Accounting Services Division, and Corporate Accounts Payable unit.
City of Toronto offers secure electronic deposit payments directly to your bank account through our “Direct
Deposit” program. For more information and/or to enroll for this payment option, please email us at
[email protected] or contact our AP Customer Service Desk at [email protected] or 416-397-5235.
D. City of Toronto's Invoice and 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 the billing information is missing from an invoice it
will result in a payment delay and the invoice may be returned to you without payment.
It is the Vendor's responsibility to submit correct invoices for payment of goods /services delivered
to the City of Toronto Divisions. If an incorrect invoice is submitted, the Vendor will be requested
to issue a credit note and submit a new invoice. If the invoice in question offered an early payment
discount, the re-issue date of the new invoice will be used to calculate the early payment discount
terms.
1) Exceptions
The standard invoice billing requirement must be followed with the exception of Vendor invoices
related to an approved capital project subject to construction lien holdbacks only. Billing
requirement direction will be provided by the contract custodian or City divisional designate.
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.
40 of 128
Viewing
Cop
y
1.1 Billing Requirements
(1) All original Vendor invoices must be addressed and be sent DIRECTLY to:
City of Toronto
Accounting Services Division
Corporate Accounts Payable
55 John Street
14th Floor, Metro Hall
Toronto, ON
M5V 3C6
(2) 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), or
Schedule "A" must be clearly indicated on the invoice. (*This purchasing number should
be provided by City staff at the time of order*)
V. Complete "Remit To" address is required on all submitted Vendor invoices
Invoices that do not contain the required billing information may be returned without
payment to the Vendor for correction.
(3) City purchases with the use of a credit card/PCard, are NOT to be sent to Corporate Accounts
Payable. These invoices are considered paid.
(4) Vendors are encouraged to provide packing slips and/or goods receipt confirmations directly to
the ordering Division for goods/services delivered.
(5) Vendors are to provide backup documentation directly to the ordering Division, not Corporate
Accounts Payable.
1.2 Contract Release Order for Contract Purchases
A request for delivery in the form of a Contract Release Order (CRO) will be issued for each
purchase against a contract.
All invoices submitted for payment of contract goods/services must contain:
I. Blanket Contract Number
II. Contract Release Order Number (CRO)
Under no circumstances are Contract Release Orders to be filled for commodities or services that
are not included on a Contract.
The total value estimated on a Contract including all charges, excluding any applicable taxes, is
not to be exceeded without authorization.
41 of 128
Viewing
Cop
y
A Contract shall not be valid once the specified period has elapsed unless an extension has been
requested by the City.
The City, in its sole discretion, has the right to terminate a contract prior to the expiration of the
term without cause or penalty, provided the Total Value Estimated as specified on the Contract
Order has been reached. The City, in its sole discretion, has the right to terminate given individual
projects that form part of the FM Accessibility Program defined herein prior to the expiration of
the term without cause or penalty.
1.3 Discount Terms
The City will consider offers of early payment discount terms. If correct billing information has
been indicated on the invoice, it is the City’s policy to pay within Vendor’s discount terms from
the receipt date of the invoice in the Corporate Accounts Payable unit – Metro Hall, 55 John
Street, 14th Floor.
Early Payment terms should be clearly indicated on the invoice.
Note: Discount terms for early payment cannot be earlier than 15 days from the receipt date of
the invoice by the City of Toronto, Corporate Accounts Payable unit.
1.4 Direct Deposit
City of Toronto offers secure electronic deposit payments directly to your bank account through
our “Direct Deposit” program. For more information and/or to enroll for this payment option,
please email us at [email protected] or contact the Direct Deposit program line at 416-392-
9736 and follow the prompts.
Effective January 1, 2014, all new contracts for existing or new Vendors must be enrolled in the
Direct Deposit program.
1.5 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:
City of Toronto, Accounting Services Division,
Corporate Accounts Payable
55 John Street, 14th Floor, Metro Hall, Toronto, ON, M5V 3C6
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
42 of 128
Viewing
Cop
y
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
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*)
43 of 128
Viewing
Cop
y
APPENDICES
APPENDIX A – PROJECT REFERENCE MATERIAL
APPENDIX A1: City of Toronto Corporate Accessibility Policy – Report for Action
http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2018.EX35.4
https://www.toronto.ca/legdocs/mmis/2018/ex/bgrd/backgroundfile-116079.pdf
APPENDIX A2: City of Toronto Corporate Accessibility Policy
https://www.toronto.ca/legdocs/mmis/2018/ex/bgrd/backgroundfile-116080.pdf
APPENDIX A3: Facilities Management Accessibility for Ontarians with Disabilities Act
(AODA) Update
http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2016.GM15.10 https://www.toronto.ca/legdocs/mmis/2016/gm/bgrd/backgroundfile-96702.pdf
44 of 128
Viewing
Cop
y
Corporate Accessibility Policy Page 1 of 4
REPORT FOR ACTION
City of Toronto Corporate Accessibility Policy
Date: June 5, 2018 To: Executive Committee
From: Interim City Manager Wards: All
SUMMARY
This report recommends City Council adopt the City of Toronto Corporate Accessibility Policy, as recommended by the Toronto Accessibility Advisory Committee. The City of Toronto is required by the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) to have accessibility policies governing how the organization achieves accessibility and meets legislated requirements. The City of Toronto Corporate Accessibility Policy unifies policies that address AODA requirements and City accessibility commitments into one umbrella policy. It will simplify and improve awareness and understanding of requirements and help embed accessibility into all City operations. The Corporate Accessibility Policy provides a strong framework for the City's Multi-Year Accessibility Plan and related Accessibility Guidelines.
RECOMMENDATIONS
The Interim City Manager recommends that: 1. City Council adopt the City of Toronto Corporate Accessibility Policy as contained in Appendix A.
FINANCIAL IMPACT
There are no financial implications to the 2018 Council Approved Budget resulting from approval of this report.
45 of 128
Viewing
Cop
y
Corporate Accessibility Policy Page 2 of 4
Financial impacts arising from meeting the AODA compliance requirements and the City of Toronto's accessibility commitments associated with capital or operational activity will be submitted for consideration through the Budget Process. The Interim Chief Financial Officer has reviewed this report and agrees with the financial impact information.
EQUITY IMPACT STATEMENT
The City of Toronto Corporate Accessibility Policy affirms and strengthens the City’s capacity to identify, remove and prevent barriers to access in services, policies, programs and facilities for people with disabilities, in accordance with the requirements of the Accessibility for Ontarians with Disability Act, 2005. The City's commitment to provide accessible, equitable and barrier-free services to all residents, visitors and employees helps to enhance the City's capacity to achieve customer service excellence, meet legislative and policy obligations, and make Toronto an equitable, inclusive and prosperous city.
DECISION HISTORY
The Toronto Accessibility Advisory Committee at its meeting on April 19, 2018 recommended that City Council, through Executive Committee, adopt the City of Toronto Corporate Accessibility Policy http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2018.DI19.8 The Toronto Accessibility Advisory Committee at its meeting on October 25, 2017 requested that the Employment and Communications Working Groups be consulted on the Draft Corporate Accessibility Policy. http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2017.DI17.6 Toronto City Council on August 5 and 6, 2009 adopted and endorsed a Statement of Commitment to Creating an Accessible City. http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2009.EX33.4 Staff Report, Statement of Commitment on Disability Issues: http://www.toronto.ca/legdocs/mmis/2009/cc/bgrd/backgroundfile-22615.pdf http://www.toronto.ca/legdocs/mmis/2009/ex/bgrd/backgroundfile-21489.pdf
46 of 128
Viewing
Cop
y
Corporate Accessibility Policy Page 3 of 4
COMMENTS
The City of Toronto Corporate Accessibility Policy establishes a framework for compliance with the requirements of the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), the requirements of the Integrated Accessibility Standards Regulation (IASR) under the AODA, and additional City requirements. The City of Toronto is committed to building an inclusive society that values the contributions of people with disabilities. It is committed to providing an accessible environment in which people with disabilities can access the City's services and facilities, including all buildings, public spaces, information and communications, in a way that meets their individual needs. The City is committed to the identification, removal and prevention of accessibility barriers, including attitudinal, systemic, information, communications, technology, and built environment/physical barriers. AODA provides for development, implementation and enforcement of accessibility standards in order to achieve accessibility for persons with disabilities in all aspects of society. All City policies, procedures, bylaws, standards and guidelines must comply with legislation, and provide for dignity, independence, integration and equal opportunity for people with disabilities. As required by AODA, the City must:
• identify, prevent and remove barriers people with disabilities face in accessing the City's goods, services, and facilities
• accommodate the accessibility needs of people with disabilities to ensure they can obtain, use or benefit from City goods, services, and facilities, and that they can do so in a timely manner, at a cost no greater than cost for people without disabilities
• develop and train City employees on providing accessible goods, services, and facilities.
The City of Toronto Corporate Accessibility Policy is supported by the City's Multi-Year Accessibility Plan which is a living document that provides a road map of how the City of Toronto will implement the Policy. A component of the Multi-Year Accessibility Plan is the development or update of several Accessibility Guidelines, including but not limited to: Customer Service, Purchasing, Information and Communications, Employment and Accommodation, Complete Streets and Accessibility Design. Together, the Corporate Accessibility Policy, the Multi-Year Accessibility Plan and the Accessibility Guidelines, ensure accessibility is embedded in all City operations. The City of Toronto Corporate Accessibility Policy supports the City of Toronto's motto "diversity our strength" and demonstrates commitment to accessibility, inclusion, equity and human rights. In 2009, City Council made a commitment to creating an accessible City: "The City of Toronto supports the goals of the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) and will establish policies, practices and procedures which are consistent with the accessibility standards established under the AODA, including accessible customer
47 of 128
Viewing
Cop
y
Corporate Accessibility Policy Page 4 of 4
service, information and communication, employment, the built environment and transportation.” The goal is to align with the Province’s goal of full accessibility by 2025.
CONTACT
Omo Akintan, A/Director, Equity, Diversity and Human Rights Division, 416-392-8703, [email protected]
SIGNATURE
Giuliana Carbone Interim City Manager
ATTACHMENTS
Appendix A: City of Toronto Corporate Accessibility Policy
48 of 128
Viewing
Cop
y
City of Toronto Corporate Accessibility Policy
Spring 2018
Appendix A
49 of 128
Viewing
Cop
y
City of Toronto Corporate Accessibility Policy
P a g e 1 | 21
Table of Contents
1 Policy Statement ...................................................................................................................... 3
2 Scope ....................................................................................................................................... 3
3 Principles.................................................................................................................................. 4
4 Roles and Responsibilities ....................................................................................................... 4
4.1 Employees, Volunteers and Third Parties ........................................................................ 4
4.2 Supervisors, Managers and Directors .............................................................................. 5
4.3 City Manager, Deputy City Managers and Division Heads............................................... 6
4.4 Toronto City Council ......................................................................................................... 6
4.5 Toronto Accessibility Advisory Committee ...................................................................... 6
5 General Requirements ............................................................................................................. 7
5.1 Accessibility Policies ......................................................................................................... 7
5.2 Multi-Year Accessibility Plan ............................................................................................ 7
5.3 Procurement of Goods, Services and Facilitates.............................................................. 7
5.3.1 Self-Serve Kiosks ....................................................................................................... 7
5.4 Training ............................................................................................................................. 8
6 Information and Communication Requirements .................................................................... 8
6.1 Accessible Formats and Communication Supports .......................................................... 8
6.2 Notice of Availability of Documents ................................................................................. 9
6.3 Accessible Websites and Web Content ............................................................................ 9
6.4 Emergency Procedures, Plans or Public Safety Information ............................................ 9
6.5 Feedback .......................................................................................................................... 9
7 Customer Service Requirements ............................................................................................. 9
7.1 Fares and Fees ................................................................................................................ 10
7.2 Assistive Devices............................................................................................................. 10
7.3 Support Persons ............................................................................................................. 10
7.4 Service Animals .............................................................................................................. 10
7.5 Notice of Service Disruptions ......................................................................................... 11
8 Employment Standards Requirements.................................................................................. 11
8.1 Recruitment, Assessment and Selection Process .......................................................... 11
50 of 128
Viewing
Cop
y
City of Toronto Corporate Accessibility Policy
P a g e 2 | 21
8.2 Employee Supports ........................................................................................................ 12
8.3 Accessible Formats and Communication Supports for Employees ............................... 12
8.4 Workplace Emergency Response Information ............................................................... 12
8.5 Individual Accommodation Plans ................................................................................... 12
8.6 Return to Work Process ................................................................................................. 13
8.7 Performance Management, Career Development, and Redeployment ........................ 13
9 Transportation Standards Requirements .............................................................................. 13
9.1 Toronto Island Ferry ....................................................................................................... 13
9.2 Criteria for Conventional Transit Bus and Streetcar Stops and Shelters ....................... 13
9.3 Vehicles-for-Hire (Taxis and Ride-sharing Services) ....................................................... 13
10 Built Environment and Public Spaces Requirements ......................................................... 14
10.1 Accessibility Requirements in Codes and Standards ..................................................... 14
10.2 Toronto Accessibility Design Guidelines ........................................................................ 14
10.3 AODA Design of Public Spaces, Additional Requirements ............................................. 14
10.3.1 Obtaining Services .................................................................................................. 15
10.3.2 Maintenance of Accessible Elements ..................................................................... 15
10.3.3 Public Consultation ................................................................................................. 15
11 AODA Reporting Requirements ......................................................................................... 15
12 Contraventions ................................................................................................................... 15
13 Definitions .......................................................................................................................... 15
14 Reference and Related Documents ................................................................................... 20
14.1 Legislative and Administrative Authorities .................................................................... 20
14.2 Related City of Toronto Policies and Plans .................................................................... 21
51 of 128
Viewing
Cop
y
City of Toronto Corporate Accessibility Policy
P a g e 3 | 21
1 Policy Statement
The City of Toronto Corporate Accessibility Policy (hereafter referred to as the "Policy") establishes a framework for compliance with the City’s commitment to accessibility, requirements of the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), requirements of the Integrated Accessibility Standards Regulation (IASR) under the AODA, and additional City requirements.
The City of Toronto is committed to building an inclusive society that values the contributions of people with disabilities. It is committed to providing an accessible environment in which people with disabilities can access the City's goods, services, and facilities, including all buildings, public spaces, information and communications, in a way that meets their individual needs. The City is committed to the identification, removal and prevention of accessibility barriers, including attitudinal, systemic, information, communications and technology, and built environment and physical barriers.
The AODA provides for development, implementation and enforcement of accessibility standards in order to achieve accessibility for persons with disabilities in all aspects of society. All City policies, procedures, bylaws, standards and guidelines must comply with the AODA, and provide for dignity, independence, integration and equal opportunity for people with disabilities. As required by the AODA, the City must:
identify, prevent and remove barriers people with disabilities face in accessing the City's goods, services, and facilities
accommodate the accessibility needs of people with disabilities to ensure they can obtain, use or benefit from City goods, services, and facilities, and that they can do so in a timely manner, at a cost no greater than the cost for people without disabilities
develop and train City employees on providing accessible goods, services, and facilities.
2 Scope
This Policy applies to all City employees, volunteers, and accountability offices.
Any individual or third party organization that provides goods, services, and facilities to the public on behalf of the City is also required to demonstrate compliance with AODA.
The Employment Standards Requirements in Section 8 apply only to employees of the City.
52 of 128
Viewing
Cop
y
City of Toronto Corporate Accessibility Policy
P a g e 4 | 21
3 Principles
City goods, services and facilities are to be available to people with disabilities in a manner that:
is free from discrimination
strives at all times to respect the individual's dignity and independence
is integrated with the provision of service to others, except when alternative measures are necessary to meet the needs of people with disabilities
takes individual needs into account where a uniform response is inappropriate, to ensure that there are no barriers to access or participation, and that individuals with disabilities are treated in a manner similar to others.
4 Roles and Responsibilities
Accessibility is a shared responsibility and everyone has a part to play in making the City accessible to residents, visitors, and co-workers, as described in the following roles and responsibilities.
4.1 Employees, Volunteers and Third Parties
All employees and other persons acting on behalf of the City must:
have thorough knowledge of and maintain compliance with this Policy
be familiar with their rights and responsibilities under this Policy
prevent accessibility barriers by including accessibility considerations in the development of goods, services and facilities, including using an Equity Lens
participate in identifying accessibility barriers and planning for barrier removal
provide a welcoming environment for people with disabilities, including any person with a disability using assistive devices or accompanied by a support person or service animal
communicate with persons with disabilities in a manner that takes into account their disability
provide information and communications in accessible formats upon request, or with communication supports, consulting with the requestor about their preferred format
facilitate the process of receiving and responding to feedback about the manner that the City provides goods, services, and facilities to persons with disabilities, and ensure all feedback processes are accessible to persons with disabilities by providing or arranging for accessible formats and communication supports upon request
53 of 128
Viewing
Cop
y
City of Toronto Corporate Accessibility Policy
P a g e 5 | 21
facilitate requests for accommodation by members of the public and employees with disabilities in a timely manner, to the point of undue hardship, in accordance with the Ontario Human Rights Code and the City's Accommodation Policy
when serving customers that have competing accommodation needs, staff will make every effort to meet the needs of all individuals according to the Ontario Human Rights Code and the City's Accommodation Policy.
request support from supervisors, managers, directors, division heads or the Equity, Diversity and Human Rights Division when accommodation requests are outside their area of responsibility, or beyond their capacity
attend mandatory training and any additional training appropriate to the duties of their role, which may include acquiring skills and competencies necessary to identify, prevent and remove accessibility barriers.
4.2 Supervisors, Managers and Directors
In addition to the roles and responsibilities in Section 4.1 of this Policy, individuals with management and supervisory roles must:
provide leadership in building an inclusive and accessible environment for the public and employees
prevent barriers by including accessibility considerations in the development of new policies, practices, procedures or bylaws, including using an Equity Lens
ensure that the Policy is communicated to all City employees and those acting on behalf of the City
promote awareness of the Policy within their area of responsibility
monitor current practices and ensure that management and staff are held accountable for their responsibilities under the policy
act on non-compliant issues within their area of responsibility
attend training and ensure staff receive training appropriate to the duties of their role, including any skills and competencies required to identify, prevent and remove accessibility barriers
ensure volunteers and other third parties providing goods, services, and facilities on behalf of the City have been provided training, either by the City or their own organization, as described in Sections 5.3 and 5.4
facilitate requests for accommodation by members of the public and employees with disabilities in a timely manner, to the point of undue hardship, in accordance with the Ontario Human Rights Code and the City's Accommodation Policy
consult with the Equity Diversity and Human Rights Division for assistance with accessibility issues.
54 of 128
Viewing
Cop
y
City of Toronto Corporate Accessibility Policy
P a g e 6 | 21
4.3 City Manager, Deputy City Managers and Division Heads
In addition to roles and responsibilities in Sections 4.1 and 4.2 of this Policy, the City Manager, Deputy City Managers and Division Heads must:
ensure resources are budgeted for identifying and preventing accessibility barriers (including attitudinal, systemic, information, communications and technology, and built environment and public space barriers) and for planning for barrier removal
provide oversight for implementation of this policy and compliance with AODA within area of responsibility
provide AODA compliance assurance when required.
The City Manager is responsible for promoting awareness of the Policy and for reporting compliance to the Province, in accordance with AODA reporting deadlines, with support from the Director, Equity Diversity and Human Rights Division.
4.4 Toronto City Council
The AODA requires the council of every municipality with a population over 10,000 to have an Accessibility Advisory Committee, and that a majority of committee members must be persons with disabilities.
4.5 Toronto Accessibility Advisory Committee
The AODA requires Accessibility Advisory Committees to:
provide advice to City Council on the requirements and implementation of AODA accessibility standards, preparation of accessibility reports, and other matters for which Council may seek advice
review in a timely manner the site plans and drawings, described in section 41 of the Planning Act, that the committee selects
The AODA requires that Accessibility Advisory Committees be consulted on:
the Multi-Year Accessibility Plan
accessible design of transit stops and shelters
the proportion of on-demand accessible taxicabs required in the community
recreation trails
outdoor play spaces
rest areas, and
on-street parking spaces.
In addition to the Toronto Accessibility Advisory Committee, divisional and program advisory bodies, will also be consulted as appropriate.
55 of 128
Viewing
Cop
y
City of Toronto Corporate Accessibility Policy
P a g e 7 | 21
5 General Requirements
The City will ensure the general requirements of the Integrated Accessibility Standards Regulation (IASR) under the AODA are met in order to achieve accessibility for persons with disabilities.
5.1 Accessibility Policies
The AODA requires the City to maintain one or more policies governing how the organization will achieve the requirements of the IASR. The City must also make such documents available to the public, and in accessible formats upon request. This Policy is adopted in compliance with this obligation.
5.2 Multi-Year Accessibility Plan
The AODA requires the City to establish, implement, maintain and make public a Multi-Year Accessibility Plan outlining the corporate strategy to identify, remove and prevent barriers and to meet the legislated requirements of the IASR. The plan must be developed in consultation with the Accessibility Advisory Committee and people with disabilities. It must be posted on the City's website and made available in an accessible format or with appropriate communications supports as soon as possible upon request.
5.3 Procurement of Goods, Services and Facilitates
As required by the AODA, when acquiring or procuring goods, services, and facilities, the City must incorporate accessibility criteria and features, and will do so as early as possible in the procurement process. Where it is not practicable to do so, an explanation must be provided upon request, in accordance with City Accessible Procurement Guidelines.
Ensuring accessibility is incorporated into all procurement activities is the primary responsibility of the divisions who manage these activities and contracts. Any third parties that provide goods, services and facilities to members of the public or to other third parties on the City's behalf must ensure their staff has received appropriate training as required by the IASR.
The City requires any third-party that is contracted to provide a service on behalf of the City to sign a 'Declaration of Compliance with Anti-Harassment/Discrimination Legislation and City Policy' form confirming that they will uphold City policies and their obligations under provincial legislation, including the provision of accessibility training. Third parties may be required to provide records to show training has been done.
5.3.1 Self-Serve Kiosks
The AODA requires the City to incorporate accessibility features when designing, procuring or acquiring self-serve electronic kiosks (interactive electronic terminals).
56 of 128
Viewing
Cop
y
City of Toronto Corporate Accessibility Policy
P a g e 8 | 21
5.4 Training
The AODA requires that all employees, volunteers and persons who participate in developing City policies must receive training on the AODA, the Ontario Human Rights Code, and Accessible Customer Service. Training must take place as soon as possible and be appropriate to the person's role. The City must keep a record of the training provided to employees and volunteers, including the dates on which accessibility training took place and the names of individuals trained.
Training must include:
A review of the purpose of the AODA
Requirements of AODA Standards under the IASR
The Ontario Human Rights Code as it pertains to persons with disabilities
Accessible Customer Service
6 Information and Communication Requirements
The City will provide accessible information and communication by preventing and removing barriers, and providing accessible formats or communication supports to individuals that identify a barrier to accessibility. This section of the Policy addresses the City's requirements of the IASR Information and Communications Standards under the AODA.
6.1 Accessible Formats and Communication Supports
The AODA requires that all information and communications that the City produces, directly or indirectly through contractual relationships, must be made available in accessible formats upon request.
When an accessible format or communication support is requested, the City must consult with the person making the request to determine which format or support is required, and provide or make arrangements to provide the material in a reasonable amount of time and at no additional cost to the requestor.
The City's Accessible Information, Communications, and Technology Guidelines provide technical guidance for achieving accessibility in a broad range of materials and technology environments.
IASR Information and Communication Standards do not apply to products and product labels, unconvertible information or communications, and information that the City does not control directly or indirectly through a contractual relationship.
If it is determined that information or communications are unconvertible, the City must provide the person requesting the information or communication with:
57 of 128
Viewing
Cop
y
City of Toronto Corporate Accessibility Policy
P a g e 9 | 21
an explanation as to why the information or communications are unconvertible, and
a summary of the unconvertible information or communications.
6.2 Notice of Availability of Documents
This Policy will be maintained on the Equity, Diversity and Human Rights Division webpages of the City's website www.toronto.ca, and must be provided to individuals, upon request, in the appropriate format or with communication supports.
6.3 Accessible Websites and Web Content
The AODA requires that the City's internet website and web content, controlled directly by the City or through a contractual relationship that allows for modification of the product, must conform to World Wide Web Consortium (W3C) Web Content Accessibility Guidelines (WCAG) 2.0 at Level AA, in accordance with the timelines set out in the IASR and in the Accessible Information, Communications, and Technology Guidelines.
The City of Toronto's Information and Technology Division and the Strategic Communications Division, in consultation with Equity, Diversity and Human Rights, are responsible for establishing and maintaining procedures, standards and guidelines to ensure all internet websites and web content is accessible.
City of Toronto divisions that manage their content on the City's website are responsible for ensuring accessibility based on approved procedures, standards and guidelines, with support from the Information and Technology Division and the Strategic Communications Division.
6.4 Emergency Procedures, Plans or Public Safety Information
The AODA requires that City emergency procedures, plans or public safety information that is available to the public must be made available in an accessible format or with appropriate communication supports as soon as possible upon request.
6.5 Feedback
The City must have a process in place for receiving and responding to feedback, including feedback on how services are delivered to people with disabilities. The City must make feedback processes accessible to persons with disabilities by providing or arranging for the provision of accessible formats and communication supports upon request.
Feedback will be collected by phone by dialing 3-1-1, or 416-392-CITY (2489), by TTY (Teletypewriter) 416-338-0889, by email at [email protected], and in person at any of the City's service locations.
7 Customer Service Requirements
58 of 128
Viewing
Cop
y
City of Toronto Corporate Accessibility Policy
P a g e 10 | 21
The City will strive for excellence in serving all customers including people with disabilities and is committed to meeting obligations under the Ontario Human Rights Code and the AODA.
7.1 Fares and Fees
Persons with disabilities must not be charged more to access City programs or services.
7.2 Assistive Devices
The AODA requires the City to allow persons with disabilities to use their own assistive devices to obtain, use or benefit from the goods, services, and facilities offered by the City.
In circumstances where a person with a disability is unable to access the City's services through the use of their own personal assistive device, the City must assess service delivery and potential service options to meet the needs of the individual, in accordance with the Ontario Human Rights Code and the City's Accommodation Policy .
Where City owned assistive devices are available, the AODA requires that they must be kept in good working order and the public must be informed of their availability. Staff within the applicable division must be trained in the application and use of the devices.
7.3 Support Persons
Where a person with a disability accessing City goods, services, or facilities is accompanied by a support person, the AODA requires the City to ensure that both persons are permitted to enter the premises together and the person with a disability is not prevented from having access to the support person while on the premises.
7.4 Service Animals
The AODA requires that persons with disabilities accompanied by their service animal must be permitted to keep that animal with them in premises that members of the public are permitted to enter. Please see Section 13 for a definition of service animal.
In the event the animal is excluded by law, such as in a food preparation area, the City must ensure other measures are available to enable the person with a disability to obtain, use or benefit from City goods, services, and facilities. Staff will respectfully explain why the animal is excluded and determine what other arrangements can be made.
When serving two customers that have different needs, such as serving a customer that has a service animal and a customer that has an allergy to animals, staff will determine how to best meet the needs of both individuals and observe the rights of all individuals involved, according to the Ontario Human Rights Code and the City's Accommodation Policy.
59 of 128
Viewing
Cop
y
City of Toronto Corporate Accessibility Policy
P a g e 11 | 21
A person with a disability is responsible for the control of their service animal at all times. If the service animal is not kept under control, has bitten another person or animal, or is a menace to the safety of other persons or animals, the service animal may be required to leave the premises. If this occurs the person will be permitted to continue to access the City goods or services without the animal. In addition, City employees will, upon request, consider alternate accommodations for the person in such circumstances. The City may refuse to permit the service animal to accompany the person until steps have been taken to correct the situation, and the issue has been resolved.
7.5 Notice of Service Disruptions
The AODA requires the City to give notice of any temporary planned or unplanned service disruption of facilities, services or systems that are relied upon by people with disabilities to access City goods, services or facilities, such as elevators, lifts, or accessible washrooms. In the event of an unexpected disruption, notice must be provided as soon as possible.
Notice must include information about the reason for the disruption, its anticipated duration and a description of alternative facilities, services or systems that are available.
Notice must be given by posting the information in a prominent place on premises owned or operated by the provider, posted on the City's website or social media, included on telephone recordings, or by other methods as is reasonable under the circumstances.
8 Employment Standards Requirements
The City of Toronto will foster an inclusive workforce and provide equitable treatment and accommodation to ensure barrier-free employment. The requirements in this section apply only to employees of the City. Volunteers and other non-paid individuals are not captured under this section. This section addresses the City's requirements of the IASR Employment Standards under the AODA.
8.1 Recruitment, Assessment and Selection Process
The City must post information about the availability of accommodations for internal and external job applicants with disabilities in its recruitment process. Job applicants who are individually selected for an interview and/or testing must be notified that accommodations are available on request. The City must consult with an applicant who requests an accommodation and, in accordance with the Ontario Human Rights Code and the City's Accommodation Policy, will provide or arrange for the provision of a suitable accommodation in a timely manner that takes into account the applicant’s accessibility needs due to disability. Successful applicants must be notified about the City’s policies for accommodating employees with disabilities as part of their offer of employment.
60 of 128
Viewing
Cop
y
City of Toronto Corporate Accessibility Policy
P a g e 12 | 21
8.2 Employee Supports
City employees must be made aware of the policies used to support employees with disabilities and accommodations available in accordance with the Ontario Human Rights Code and the City's Accommodation Policy. The City provides this information to new employees through employment agreements and orientation materials, and must provide updated information to all employees whenever there is a change to existing policies on the provision of job accommodations that take into account an employee’s accessibility needs due to disability.
8.3 Accessible Formats and Communication Supports for Employees
In accordance with the Ontario Human Rights Code and the City's Accommodation Policy, upon an employee’s request, the City must consult with the employee to provide or arrange for the provision of accessible formats and communication supports for:
information that is needed to perform the employee’s job
information that is generally available to employees in the workplace.
The City must consult with the employee making the request in determining the suitability of an accessible format or communications support. The City Accessible Information, Communications and Technology Guidelines provide technical guidance for achieving accessible information and communications.
8.4 Workplace Emergency Response Information
The City will provide individualized emergency response information to employees who identify potential accessibility barriers when responding to emergency situations. If the employee requires assistance, the City must receive consent from the employee to provide the individualized emergency response information to the person(s) designated to provide assistance. The information must be reviewed when the employee moves to a different location, when the employee’s accommodation needs change, when overall accommodation plans are reviewed and when the City reviews its general emergency response plan.
8.5 Individual Accommodation Plans
The City's Accommodation Policy describes the mandatory process for the development and maintenance of documented individual accommodation plans to support employees with disabilities. The process set out in the policy meets requirements of the AODA. If applicable, individual accommodation plans may include information regarding plans for accessible formats and communication supports, as well as individualized workplace emergency response information.
61 of 128
Viewing
Cop
y
City of Toronto Corporate Accessibility Policy
P a g e 13 | 21
8.6 Return to Work Process
The City must have in place a documented return to work process for employees returning to work following an illness or injury where disability-related accommodations are required. This requirement is met through return to work processes supported by Occupational Health and Safety staff consistent with the collective agreements and return to work protocols.
8.7 Performance Management, Career Development, and Redeployment
The City will ensure employees with disabilities or individual accommodation plans are provided equitable access to career development, performance management and redeployment opportunities.
9 Transportation Standards Requirements
This section of the Policy addresses the City's requirements of the IASR Transportation Standards under the AODA, which are applicable to the Toronto Island Ferry, design of bus stops and shelters, and licensing of vehicles-for-hire, which includes taxicabs and ride-sharing services.
The Toronto Transit Commission (TTC) manages conventional and specialized transportation services, and maintains their own policies and plans. Visit the TTC's Accessibility website page for details1.
9.1 Toronto Island Ferry
The City will operate the Toronto Island Ferry in compliance with AODA and as required by the IASR Transportation Standards.
9.2 Criteria for Conventional Transit Bus and Streetcar Stops and Shelters
The AODA requires the City's Accessibility Advisory Committee, the public, and persons with disabilities to be consulted when developing design criteria for the construction, renovation, or replacement of bus stops and shelters.
9.3 Vehicles-for-Hire (Taxis and Ride-sharing Services)
The AODA requires the City to consult with the Accessibility Advisory Committee, the public, and persons with disabilities on the appropriate proportion of on-demand accessible taxicabs, and report on the progress and steps taken toward meeting the need in its Multi-Year Accessibility Plan, and progress status reports.
1 In accordance with City of Toronto Municipal Code Chapter 192, Public Service, agencies including the TTC are part of the broader public service with authority to manage their own affairs.
62 of 128
Viewing
Cop
y
City of Toronto Corporate Accessibility Policy
P a g e 14 | 21
Owners and operators of vehicles-for-hire licensed by the City of Toronto are prohibited from charging an additional fee for persons with disabilities, or a higher fare than for persons without disabilities for the same trip. At no time will a fee be charged for the storage of mobility aids or mobility assistive devices.
In addition to meeting AODA requirements, vehicles-for-hire must adhere to the City bylaw Chapter 546, which includes that:
each vehicle-for-hire driver operating an accessible vehicle must complete an accessible vehicle training program, and an accessibility refresher training program every four years, that meets the criteria established by the City; and
each vehicle-for-hire driver of an accessible vehicle must notify the passenger that he or she has arrived at the pick-up point, and provide appropriate assistance to the passenger when requested; and properly and safely handle customer mobility aides.
10 Built Environment and Public Spaces Requirements
The City will ensure accessibility at all its facilities and public spaces by designing with accessibility in mind.
10.1 Accessibility Requirements in Codes and Standards
The Ontario Building Code, which has a section on Barrier-Free Design, and the AODA, IASR Design of Public Spaces Standards are both standards to which the City must adhere. These standards establish the minimum threshold for accessibility in the built environment.
10.2 Toronto Accessibility Design Guidelines
The City maintains the Toronto Accessibility Design Guidelines (TADG). The TADG acts as a guiding standard of excellence in accessibility for building and renovating City facilities and public spaces. Updated periodically to address changing legislation and industry best practices, the TADG aims to meet or exceed the Ontario Building Code (OBC) Barrier-Free Requirements, and the AODA Design of Public Spaces Standards. The TADG is the mandatory, guiding accessibility standard for City renovations and newly constructed buildings and public spaces.
10.3 AODA Design of Public Spaces, Additional Requirements
In addition to technical design requirements for making public spaces accessible, the AODA also establishes requirements for service environments, maintenance of accessible elements and for the consultation of people with disabilities on accessibility of public spaces.
63 of 128
Viewing
Cop
y
City of Toronto Corporate Accessibility Policy
P a g e 15 | 21
10.3.1 Obtaining Services
When constructing or replacing service counters, fixed queuing guides and waiting areas, the AODA requires the City to make them accessible to people with disabilities.
10.3.2 Maintenance of Accessible Elements
The AODA requires the City to develop and implement procedures for preventative and emergency maintenance and temporary disruptions of accessible elements in public spaces.
10.3.3 Public Consultation
The AODA requires the City to provide opportunity for public consultation on the development or re-development of public spaces, including:
recreation trails
outdoor play spaces
rest areas along exterior paths
on-street parking
11 AODA Reporting Requirements
The City must submit completed compliance reports to the Province every two years, in accordance with the schedule set out in the AODA.
12 Contraventions
Failure to comply with this Policy may result in disciplinary action, up to and including dismissal. The City's failure to comply with AODA may result in significant fines and reputational damage.
13 Definitions
Accessibility A concept integral to human rights that refers to the absence of barriers that prevent individuals and/or groups from fully participating in all social, economic, political and cultural aspects of society. The term is often linked to people with disabilities and their rights to access, and also refers to design characteristics of products, devices, information, services, facilities or public spaces that enable independent use, or support when required, and access by people with a variety of disabilities.
64 of 128
Viewing
Cop
y
City of Toronto Corporate Accessibility Policy
P a g e 16 | 21
Accessible Refers to products, devices, information, services, facilities or public spaces that provide for independent, equitable and dignified access for people with disabilities, including but not limited to those with visual, auditory, sensory, cognitive and mobility related disabilities. The concept of accessible design ensures both "direct access" (i.e. unassisted) and "indirect access," referring to compatibility with a person's assistive technology.
Accessible Formats
Refers to formats that are usable by persons with disabilities including but not limited to: large print, recorded audio and electronic formats, and Braille.
Accommodation In the context of Human Rights, accommodation means preventing and removing barriers caused by attitudinal, systemic, physical, information or communications, and technology barriers that unfairly exclude individuals or groups protected by Ontario’s Human Rights Code from having equal access to full benefits available to others. Principles of accommodation include dignity, individualization and inclusion or integration. For more information refer to Ontario's Human Rights Code and the City's Accommodation Policy.
Assistive Devices Refers to technical aids, communication devices, or medical aids modified or customized for use to increase, maintain or improve the functional ability of a person with a disability including but not limited to wheelchairs, walkers, white canes, note taking devices, portable magnifiers, recording machines, assistive listening devices, personal oxygen tanks and devices for grasping. Assistive devices may accompany the customer or already be on the premises for the purpose of assisting persons with disabilities in carrying out activities or in accessing the services provided by the City.
Barrier Defined by the AODA as anything that prevents a person with a disability from fully participating in all aspects of society because of his or her disability, including a physical barrier, an architectural barrier, an information or communications barrier, an attitudinal barrier, a technological barrier, a policy or a practice.
Career Development and Advancement
Defined by the AODA as the provision of additional responsibility within an employee’s current position or movement from one job to another within the organization that may be higher in pay, provide greater responsibility, or be at a higher level in the organization.
65 of 128
Viewing
Cop
y
City of Toronto Corporate Accessibility Policy
P a g e 17 | 21
City Means the City of Toronto.
Communications Refers to interaction between two or more persons or entities, or any combination of them, where information is provided, sent or received.
Communications Supports
Includes, but is not limited to, captioning, alternative and augmentative communications supports, plain language, sign language and other supports that facilitate effective communications.
Conversion Ready An electronic or digital format that facilitates conversion into an accessible format such as Braille, large print, audio cassettes CDs DVDs, etc.
Disability "Disability" is defined, per Section 2 of the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11 and the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as follows:
(a) "any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal, or on a wheelchair or other remedial appliance or device,
(b) a condition of mental impairment or a developmental disability,
(c) a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language,
(d) a mental disorder, or
(e) an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997."
66 of 128
Viewing
Cop
y
City of Toronto Corporate Accessibility Policy
P a g e 18 | 21
Goods, Services and Facilities
All aspects of the City as an employer and service provider, including: delivery of goods, services, and programs, all information and communication including verbal, print, audio, video, websites, web applications and web content, and other digital technologies including kiosks, and all buildings, facilities, public spaces, and the public realm.
Information Includes but is not limited to data, facts and knowledge that exists in any format, including text, audio, digital, or images that convey meaning.
Kiosk Refers to an interactive electronic terminal, including a point-of-sale device, intended for public use that allows users to access one or more services or products or both.
New Internet Website
Refers to either a website with a new domain name or a website with an existing domain name undergoing a significant refresh.
Performance Management
Defined by the AODA as a program that defines and assesses employee performance, productivity and effectiveness, with the goal of facilitating employee success.
Practicable Capable of being done or put into practice; capable of being used. Factors relevant to determining if accessibility is practicable may include:
Availability of accessible services, goods including commercial software or tools, or facilities
Technological compatibility between older products and newer ones being procured
Private Transportation Company (PTC)
Defined in City bylaw Chapter 546, Licensing of Vehicles-for-hire as any person who, in any manner, accepts, facilitates or brokers requests for or advertises or offers transportation in a private vehicle-for-hire to passengers for trips and who is or is required to be licensed by the City. PTC vehicles includes ride-sharing services that are booked with web-based booking applications. PTC vehicles do not include taxicabs or limousines licensed by the City.
67 of 128
Viewing
Cop
y
City of Toronto Corporate Accessibility Policy
P a g e 19 | 21
Public Spaces Refers to outdoor recreational trails, beach access routes, boardwalks, ramps, outdoor public use eating areas, outdoor play spaces, outdoor paths of travel, accessible parking and service counters.
Redeployment Assigning an employee to another job or department within the organization as an alternative to layoff, when a particular job or department within the organization has been downsized or eliminated.
Service Animals Defined by Section 80.45 (4) of the AODA Customer Service Standards (O.Reg 165/16) as follows: "an animal is a service animal for a person with a disability if the animal can be readily identified as one that is being used by the person for reasons relating to the person’s disability, as a result of visual indicators such as the vest or harness worn by the animal; or the person provides documentation from one of the following regulated health professional confirming that the person requires the animal for reasons relating to the disability:
A member of the College of Audiologists and Speech-Language Pathologists of Ontario
A member of the College of Chiropractors of Ontario
A member of the College of Nurses of Ontario
A member of the College of Occupational Therapists of Ontario
A member of the College of Optometrists of Ontario
A member of the College of Physicians and Surgeons of Ontario
A member of the College of Physiotherapists of Ontario
A member of the College of Psychologists of Ontario
A member of the College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario
Support Person An individual who accompanies a person with a disability to help with communication, mobility, personal care or medical needs or with access to goods or services.
68 of 128
Viewing
Cop
y
City of Toronto Corporate Accessibility Policy
P a g e 20 | 21
Taxicab As defined by Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-hire, a taxicab includes any vehicle with up to seven passengers plus the driver providing transportation to passengers at a public or private taxicab stand, in response to street hails from passengers, or in response to requests for service received through a taxicab broker, as well as any vehicle providing transportation to passengers that displays any sign or marking identifying, or likely to be perceived by a member of the public as identifying, the vehicle to be a taxicab.
Unconvertible Information or communications are unconvertible if it is not technically feasible to convert the information and communication, or the technology to convert the information and communication is not readily available.
Vehicles-for-hire
Include owners, operators and drivers of taxicabs, and private transportation companies (PTC) and their drivers, as defined in City of Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-hire.
14 Reference and Related Documents
14.1 Legislative and Administrative Authorities
Accessibility for Ontarians with Disabilities Act (AODA), 2005, S.O. 2005, c.11 (AODA)
AODA, Integrated Accessibility Standards Regulation, O. Reg. 191/11
Ontario Building Code, O. Reg. 332/12
Ontario Human Rights Code, R.S.O. 1990, c.H.19
Health Protection and Promotion Act, R.R.O. 1990, Reg. 562
Food Safety and Quality Act, 2001, O. Reg. 31/05
The Blind Person’s Rights Act, R.R.O. 1990, Regulation 58
Toronto Municipal Code Chapter 545 "Licensing" General Provision D – Service Animals (amended by Bylaw 606-2015)
Toronto Municipal Code Chapter 546, Licensing of Vehicles-for-Hire
Toronto Municipal Code Chapter 192, Public Service
Toronto Municipal Code Chapter 349, Animals
Toronto Municipal Code Chapter 608, Parks
69 of 128
Viewing
Cop
y
City of Toronto Corporate Accessibility Policy
P a g e 21 | 21
14.2 Related City of Toronto Policies and Plans
City of Toronto Strategic Plan
City of Toronto Official Plan
City of Toronto Accessibility Plan (Multi-Year Accessibility Plan)
City of Toronto Human Rights and Anti-Harassment/Discrimination Policy
City of Toronto Accommodation Policy
Toronto Accessibility Design Guidelines
70 of 128
Viewing
Cop
y
STAFF REPORT ACTION REQUIRED
Facilities Management Accessibility for Ontarians with Disabilities Act (AODA) Update
Date: September 26, 2016
To: Government Management Committee
From: Chief Corporate Officer
Wards: all
Reference Number: P:\2016\Internal Services\FAC\Gm16013fac (AFS # 22682)
SUMMARY
The report provides an update on the Chief Corporate Officer Office ("CCOO") and Facilities Management Division ("FM") efforts to work toward compliance with the Accessibility for Ontarians with Disabilities Act ("AODA") Standards and Ontario Building Code ("OBC") requirements by 2025. In particular, it highlights work currently underway to revise the 2004 City of Toronto Accessibility Design Guidelines and details the key elements and requirements of the FM plan to ensure compliance with AODA by 2025 for facilities in its portfolio.
The completion of the City of Toronto Accessibility Design Guidelines in 2017 is an important milestone for the City's overall compliance with AODA. The Guidelines will set enforceable City-wide standards and benchmarks for determining accessibility upgrade requirements across city buildings. The Guidelines will also be referenced in the upcoming new Corporate Accessibility Policy.
In addition, FM is currently conducting accessibility audits to assess the 433 properties within its portfolio. The audits will include determining budget requirements for the City to meet its objectives for AODA compliance by 2025. Pending completion of the accessibility audits in 2018, preliminary estimates project that the FM AODA Program could comprise of approximately 400 projects and require $200 million in estimated funding.
Staff report for action on Facilities Management AODA Update 1
GM15.10
71 of 128
Viewing
Cop
y
RECOMMENDATIONS The Chief Corporate Officer recommends that: 1. The Government Management Committee receives this report for information. Financial Impact Preliminary estimates project that the FM AODA Program could comprise of approximately 400 projects and require $200 million in estimated funding, inclusive of currently approved funding below. Approved funding included in the Facilities Management, Real Estate, Environment & Energy (FREEE) 2016 Council Approved Capital Budget and 2017-2025 Capital Plan for the AODA Program is $6.160 million. Future funding for the AODA Program ($193.84 million) will be addressed through future years' capital budget process for Council consideration. The Deputy City Manager & Chief Financial Officer has reviewed this report and agrees with the financial impact information. DECISION HISTORY At its meeting on June 2, 2015, the Disability, Access and Inclusion Advisory Committee received for information a presentation from Facilities Management Division on the City of Toronto Accessibility Design Guidelines. The presentation is available online at: http://www.toronto.ca/legdocs/mmis/2015/di/bgrd/backgroundfile-80439.pdf At its meeting on March 31, 2015, City Council directed the City Manager to work with City divisions and stakeholders, including the Disability Issues Committee, on updating the Accessibility Design Guidelines, and report back in the third quarter of 2015 and to work with City divisions to ensure that City by-laws, policies, and protocols align with standards for the built environment and design of public space under the Accessibility for Ontarians with Disabilities Act and Ontario Building Code, by the end of 2015, and report to Council, where required, on any changes that are needed. The Motion is available on line at: http://www.toronto.ca/legdocs/mmis/2015/mm/bgrd/backgroundfile-78511.pdf At its meeting on August 5 2009, City Council endorsed the Statement of Commitment Regarding Persons with Disabilities to Creating an Accessible City. The Statement affirms that the City supports the goals of the AODA, and will establish policies, practices and procedures which are consistent with the accessibility standards established under the AODA, including accessible customer service, information and communication, employment, the built environment and transportation. http://www.toronto.ca/legdocs/mmis/2009/ex/bgrd/backgroundfile-21489.pdf http://www.toronto.ca/legdocs/mmis/2009/cc/bgrd/backgroundfile-22615.pdf At its meeting on May 18, 19 and 20, 2004, City Council adopted without amendment the report from the Chief Administrative Officer entitled "Submission of the City of Toronto
Staff report for action on Facilities Management AODA Update 2 72 of 128
Viewing
Cop
y
Accessibility Design Guidelines" as a clause embodied in Report No. 4 of the Policy and Finance Committee. This report is available on line at: http://www.toronto.ca/legdocs/2004/agendas/council/cc040518/pof4rpt/cl002.pdf The 2004 City of Toronto Accessibility Design Guidelines can be found at: http://www1.toronto.ca/static_files/equity_diversity_and_human_rights_office/pdf/accessibility_design_guidelines.pdf ISSUE BACKGROUND The City of Toronto compliance with the Accessibility for Ontario with Disabilities Act ("AODA") is overseen by the Equity, Diversity and Human Rights Division ("EDHR"). EDHR is currently drafting a new Corporate Accessibility Policy that will address all legislated AODA requirements and City accessibility commitments, as well as updating the City Multi-Year Accessibility Plan. The Chief Corporate Officer Office ("CCOO") and Facilities Management Division ("FM") are supporting the City's efforts to comply with AODA by assisting with the revision of the 2004 City of Toronto Accessibility Design Guidelines and ensuring the facilities in the FM portfolio are complying with the Act and accessibility standards by 2025. The Accessibility for Ontario with Disabilities Act ("AODA") was passed in 2005 by the Province of Ontario. The goal is to achieve accessibility for Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, buildings, structures and premises by January 1, 2025. Under AODA, the government of Ontario developed five mandatory accessibility standards that identify, remove and prevent barriers for people with disabilities in key areas of daily living. As part of the AODA, the Design of Public Spaces Standards were legislated under Ontario Regulation 413/12. The Ministry of Municipal Affairs and Housing administers the Ontario Building Code 2012 ("OBC"). OBC Barrier Free Requirements were amended by Ontario Regulation 368/13 (effective as of January 1, 2015). These legislated requirements are applicable to new construction and major renovations of buildings and public spaces. They are not retroactive for existing buildings and public spaces, where no work is planned. However, the AODA requires the City to identify, remove and prevent barriers, and under the Human Rights Code the City has a duty to accommodate accessibility requests to the point of undue hardship. COMMENTS The report provides an update on the CCOO and FM efforts to work toward compliance with the AODA Standards and OBC requirements by 2025. In particular, it highlights work currently underway to revise the 2004 City of Toronto Accessibility Design Guidelines and details the key elements and requirements of the FM plan to ensure compliance with AODA by 2025 for facilities in its portfolio.
Toronto Accessibility Design Guidelines
The Facilities Management Division has been delegated responsibility to revise the Toronto Accessibility Design Guidelines ("TADG") on behalf of Equity Diversity and
Staff report for action on Facilities Management AODA Update 3 73 of 128
Viewing
Cop
y
Human Rights Division. FM is staffed with subject-matter experts in relevant fields, including building design, construction, project management, and maintenance. The Division has carriage over core City of Toronto corporate facilities, including publicly accessible sites like City Hall, Metro Hall, and Civic Centres. FM is also well positioned to complete the current TADG, having been responsible for the 2004 Guidelines. Based on the needs of the City population and the high public use of City facilities, the revised guidelines will meet the most current AODA legislation and provincial Building Code requirements for the built environment, and will incorporate existing industry best practice information and publications, where applicable. By consolidating all of the current legislated and best practice requirements into one single reference document, the City of Toronto staff and consultants designing new and retrofitting existing City owned properties, will be able to ensure consistency and adherence to high accessibility standards across all City facilities and across all Divisions. Process and Consultation FM retained the services of an accessibility consultant to complete the TADG update. The consultant was tasked with coordinating and administering the project; filtering stakeholder feedback and drafting revised guidelines, working with the TADG Project Team, the Advisory Stakeholder Group and the Technical Decision Committee. The Project Team is responsible for keeping TADG progress on track, ensuring ongoing communication with stakeholders, and engaging relevant subject matter experts from city Divisions and agencies/boards and public non-profit organizations. The Advisory Stakeholder Group was formed to gather feedback from a diverse range of individuals and organizations with expertise in the field of accessible design. Stakeholder participants included representation from City Divisions, City Agency, Boards and Commissions, non-profit organizations and private citizens. Stakeholders provide technical feedback on the contents of the Guidelines at each stage of its completion (50%, 75%, 90%, 100%) as well as policy feedback on the application of the TADG within the City and their own organization. They also are tasked with engaging staff and colleagues who will be impacted by the TADG in their lives or projects and collected their comments. Full day workshops are conducted with the Advisory Stakeholder Group members, going through subject areas in detail and comparing the different potential standards that could be chosen. The Technical Decision Committee is made up of a select group of members of the Advisory Stakeholder Group. The Committee works to streamline the technical feedback and communication process with the TADG project team. In addition to their advisory role, Committee members review feedback; make key technical decisions for adoption; evaluate any future or ongoing issues brought forward; provide technical support in their area of expertise; meet regularly and consult with Advisory Stakeholder Group and consultant team; and provide regular project updates to City Divisions, committees, and senior management.
Staff report for action on Facilities Management AODA Update 4 74 of 128
Viewing
Cop
y
The Project Team has engaged with the Disability, Access, and Inclusion Advisory Committee, and the Executive Management Committee throughout the process. Timeline and Milestones
2014 2015 2016 2017
• Stakeholder Committee created
• RFQ issued
• Consultant review of scope
• Workshop meetings conducted
• Consultant prepared 50% draft guidelines
• 50% guidelines reviewed by stakeholders
• Workshop meetings conducted
• Guidelines developed to 75%
• 75% guidelines reviewed by stakeholders
• Develop guidelines to 90% and issue for stakeholder review
• Develop guidelines to 100%
• Develop City Policy for TADG
• 100% guidelines issued for approval
• Implement staff training + support
• Council endorsement of 100% draft guidelines
• Ongoing monitoring + enforcement
The revised 100% technical TADG will be completed by the end of 2016 and will be brought forward to City Council for endorsement during the first quarter of 2017 by EDHR. The TADG will align with the Corporate Accessibility Policy that will address all legislated AODA requirements and City accessibility commitments. Facilities Management AODA 10-Year Capital Plan
In addition to its efforts to draft the revised Toronto Accessibility Design Guidelines, the Facilities Management Division is responsible for ensuring the 433 properties in its portfolio are upgraded to meet the City's goal of becoming an accessible City in alignment with AODA by 2025. This section provides an overview of the FM AODA Capital 10-year Plan and work completed to date to support AODA compliance. It is important to note that the FM Capital Plan comprises only facilities and properties for which Facilities Management Division has responsibilities. Some Divisions (such as Parks, Forestry & Recreation) with facilities responsibilities have their own capital construction teams to facilitate accessibility improvements to their facility portfolio and are not included in the timelines and capital expenditures mentioned below. However many other Divisions (such as Public Health and Fire Services) require the services of FM staff to assist them with their facilities' accessibility audits and compliance requirements. Audits and AODA support are handled on a per request basis and these costs are not included in the FM Capital Plan. FM will reach out to other Divisions moving forward to share information and coordinate City-wide AODA implementation commitments in support of the City Multi-Year Accessibility Plan.
Staff report for action on Facilities Management AODA Update 5 75 of 128
Viewing
Cop
y
(1) Accessibility Audits and Prioritization FM is currently conducting accessibility audits to determine the complete scope of work under the AODA Plan. FM plans to integrate the audits into its Building Condition Assessments ("BCA"). Forming part of the overall report, this will ensure a more efficient auditing process, while emphasizing that accessibility is an integral aspect of overall building condition. By conducting systematic accessibility audits, FM will be able to extract results for larger analysis focused on accessibility. Similarly, already completed audits or future audits completed independently will be able to easily integrate with the BCAs. FM is planning to build subject matter expertise within the Division's Project Management Office to oversee and manage the accessibility audits internally. In 2016, FM is projecting to complete:
• 45 audits for Toronto Police properties • 90 audits for other City properties
In order to achieve City Council's mandated AODA compliance by the year 2025, it is essential that a strategic action plan be developed using a priority system based on building function/public access that incorporates a phased approach to implementation. FM estimates that that there would be approximately 400 projects ranging in cost from $200,000 to $1,000,000 per project implemented over the ten year period (2016-2025). Prioritization is being undertaken through the audits on all properties. Audits will assign one of three priority levels:
• Priority 1 – Refers to the highest priority and includes health and safety and legislative compliance; access/egress, circulation including ramps and stairs, and washrooms. These are issues that affect most people with disabilities.
• Priority 2 – Assigned to recommendations that involve elements driven by Universal Design and other best practices. These are issues that affect some people with disabilities, or issues that affect a whole building such as door knobs, colour contrast, signage, lighting, and glare.
• Priority 3 – Major alterations (e.g. adding universal washroom), staff areas (staff areas would also be remediated as required to accommodate an employee), and marginally non-compliant (e.g. meets older barrier free requirements but should be updated at some point).
FM projects to have all applicable accessibility audits completed by 2018. As audits continue to be done, FM is integrating AODA considerations in its design and construction projects for 2016 and 2017. Projects include barrier free entrances, accessible washrooms and accessible doors upgrades.
Staff report for action on Facilities Management AODA Update 6 76 of 128
Viewing
Cop
y
(2) AODA Capital Plan Projections Preliminary estimates done by FM project that the FM AODA Capital Program could require an estimated $200M (inclusive of currently approved funding below) over the next nine years (to 2025), pending completion of the accessibility audits. FM will be able to establish costs requirements with more certainty after completing all of the required accessibility audits. Approved funding included in the Facilities Management, Real Estate, Environment & Energy (FREEE) 2016 Council Approved Capital Budget and 2017-2025 Capital Plan for the AODA Program is $6.160 million. Future funding for the AODA Program will be addressed through future years' capital budget process for Council consideration. (3) Moving forward toward AODA compliance FM is already directing resources to ensure compliance with AODA by 2025. Anticipating future funding requirements will be key in achieving AODA compliance. Budget allocations to implement accessibility-related capital upgrades will need to ramp up in coming years, beyond current levels and state of good repairs ("SOGR") current funding allocations. In addition to design and construction projects for its own portfolio, FM needs to prepare for the projected increased requests from client Divisions for support in their AODA compliance projects. City Council will also face increased pressure to fund accessibility capital upgrade projects from other Divisions, as well as Agencies, Boards and Commissions. The completion of the Toronto Accessibility Design Guidelines in 2017 is an important milestone for the City's overall compliance with AODA. They will set enforceable City-wide standards and benchmarks for determining accessibility upgrade requirements. CONTACT Sunil Sharma, General Manager Jill Bada, Project Director Facilities Management City-wide Strategic Initiatives Tel: 416-397-5270 Tel: 416-397-5539 SIGNATURE _______________________________ Josie Scioli Chief Corporate Officer
Staff report for action on Facilities Management AODA Update 7 77 of 128
Viewing
Cop
y
APPENDIX B – RFP PROCESS TERMS AND CONDITIONS
1. Proponent’s Responsibility
It shall be the responsibility of each Proponent: (a) to examine all the components of this RFP, including all appendices, forms and addenda;
(b) to acquire a clear and comprehensive knowledge of the required services before submitting a
Proposal;
(c) to become familiar, and (if it becomes a Successful Proponent) comply, with all of the City’s
Policies and Legislation set out on the City of Toronto website at:
https://web.toronto.ca/business-economy/doing-business-with-the-city/understand-the-
procurement-process/purchasing-policies-legislation/
The failure of any Proponent to receive or examine any document, form, addendum, Agreement or policy
shall not relieve the Proponent of any obligation with respect to its Proposal or any Agreement entered into
or Purchase Order issued based on the Proponent’s Proposal.
2. Prime Proponent
A Proposal by a consortium of two or more entities may be submitted, but one person or company must be
shown as the Prime Proponent and be prepared to represent the consortium to the City by executing the
Agreement, acting as the primary contact, and taking overall responsibility for performance of the
Agreement.
Where a Proposal is made by a Prime Proponent with associate firms working with or under the Prime
Proponent in a sub-contracting relationship, it is required that those associate firms be named in the
Proposal.
3. City Contacts and Questions
All contact and questions concerning this RFP should be directed in writing to the City employee(s)
designated as “City Contact” in the Notice to Potential Proponents.
No City representative, whether an official, agent or employee, other than those identified “City Contacts”
are authorized to speak for the City with respect to this RFP, and any Proponent who uses any information,
clarification or interpretation from any other representative does so entirely at the Proponent’s own risk.
Not only shall the City not be bound by any representation made by an unauthorized person, but any attempt
by a Proponent to bypass the RFP process may be grounds for rejection of its Proposal.
From and after the date of this RFP until the time of any ensuing contract award, no communication with
respect to this matter shall be made by any potential Proponent, or its representatives, including a third-
party representative employed or retained by it (or any unpaid representatives acting on behalf of either),
to promote its Proposal or oppose any competing Proposal, nor shall any potential Proponent, or its
representatives, including a third party representative employed or retained by it (or any unpaid
representatives acting on behalf of either), discuss the RFP or its Proposal with any City staff, City
officials or Council member(s), other than a communication with the "City Contact" identified on page 1
on this RFP.
Proponents should be aware that communications in relation to this RFP outside of those permitted
by the applicable procurement policies and this RFP 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 Supplier Code of Conduct
provides that any Proponent 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.
78 of 128
Viewing
Cop
y
Notwithstanding anything to the contrary as set out in this document, the obligations as set out in
the City of Toronto Municipal Code, Chapter 140 shall apply.
For your information, please find below the links to the City's Procurement Processes Policy,
Lobbying By-Law and Interpretive Bulletin on Lobbying and Procurement: https://www.toronto.ca/wp-content/uploads/2017/08/9587-Procurement-Processes-Policy-January-1-
2017.pdf
https://www.toronto.ca/legdocs/municode/1184_140.pdf
4. Addenda
If the City, for any reason, determines that it is necessary to revise any part of this RFP or to provide
additional information relating to this RFP, such information will be communicated to all Proponents by
addenda. Each addendum shall form an integral part of this RFP. Such addenda may contain important
information, including significant changes to this RFP. Proponents are responsible for obtaining all
addenda issued by the City.
All Proponents must acknowledge receipt of all Addenda in the space provided on the Proposal
Submission Form.
The City reserves the right to revise this RFP up to the Closing Deadline.
If any addendum is issued after the Deadline for Issuing Addenda, the City may at its discretion extend the
Closing Deadline for a reasonable amount of time.
The City’s Purchasing and Materials Management Division will make reasonable efforts to issue the final
Addendum (if any) no later than two (2) days prior to the Deadline.
5. Exceptions to Mandatory Requirements, Terms and Conditions
If a Proponent wishes to suggest a change to any mandatory requirement, term or condition set forth in any
part of this RFP, it should notify the City in writing not later than the deadline for questions. The Proponent
must clearly identify any such requirement, 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 requirements, terms and conditions that have not been accepted by the City by the
issuance of an Addendum are not permitted and any Proposal that takes exception to or does not comply
with the mandatory requirements, terms and conditions of this RFP will be rejected.
6. Omissions, Discrepancies and Interpretations
A Proponent who finds omissions, discrepancies, ambiguities or conflicts in any of the RFP documentation
or who is in doubt as to the meaning of any part of the RFP should notify the City in writing not later than
the deadline for questions. 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 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 RFP documents.
7. Proponents Shall Bear Their Own Costs
Every Proponent shall bear all costs associated with or incurred by the Proponent in the preparation
and presentation of its Proposal including, if applicable, costs incurred for interviews, demonstrations,
or any other activity that may be requested as part of the evaluation process or the process for the
negotiation or execution of an Agreement with the City, as the case may be.
79 of 128
Viewing
Cop
y
8. Limitation of Liability
The City shall not be liable for any costs, expenses, loss or damage incurred, sustained or suffered by any
Proponent prior, or subsequent to, or by reason of the acceptance or the non-acceptance by the City of any
Proposal, or by reason of any delay in acceptance of a Proposal, except as provided in this RFP.
9. Post-Submission Adjustments and Withdrawal of Proposals
No unilateral adjustments by Proponents to submitted Proposals will be permitted.
At any time throughout the RFP process, a Proponent may withdraw a submitted Proposal prior to the
Closing Deadline. To effect a withdrawal, a notice of withdrawal must be sent to the City Contact and must
be signed by an authorized representative of the Proponent. The City is under no obligation to return
withdrawn Proposals.
A Proponent who has withdrawn a Proposal may submit a new Proposal, but only in accordance with the
terms of this RFP.
10. Binding Proposal
After the Closing Deadline each submitted Proposal shall be irrevocable and binding on Proponents for a
period of 120 days.
11. Acceptance of Proposals
The City shall not be obliged to accept any Proposal in response to this RFP.
The City may, without incurring any liability or cost to any Proponent:
(a) accept or reject any or all Proposal(s) at any time;
(b) waive immaterial defects and minor irregularities in any Proposals;
(c) modify and/or cancel this RFP prior to accepting any Proposal;
(d) award a contract in whole or in part.
The City is relying on the experience and expertise of the Proponent. The City reserves the right to
disqualify any Proponent who has given inaccurate, incomplete, false or misleading information in the sole
opinion of the City. Proponents and their Affiliated Persons that are currently on a City of Toronto
suspended Vendor list are not eligible for an award.
12. Verify, Clarify and Supplement
When evaluating Proposals, the City may request further information from the Proponent or third parties in
order to verify, clarify or supplement the information provided in the Proponent's Proposal. The City may
revisit and re-evaluate the Proponent’s Proposal or ranking on the basis of any such information.
If the City makes a request to a Proponent for clarification of its Proposal, the Proponent will provide a
written response accordingly, which shall then form part of the Proposal.
If, in the opinion of the City, any Proponent has clearly misinterpreted the services or underestimated the
hours or value of the services to be performed as reflected in its Proposal content and submitted price/fees,
or all or any or any combination of them, then the City may reject its Proposal as not representative of the
scope of the services).
80 of 128
Viewing
Cop
y
13. No Incorporation by Reference
The entire content of the Proponent's Proposal should be submitted in a fixed form and the content of
websites or other external documents referred to in the Proponent's Proposal will not be considered to form
part of its Proposal.
14. Unbalanced Bids (In this paragraph “Bid” refers to the Proposal)
The City may reject a bid if it determines, in its sole discretion, that the bid is materially imbalanced.
A bid is materially imbalanced 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 Proposal may not result in the lowest overall cost to the City even
though it may be the lowest submitted bid; or
(c) it is so unbalanced as to be tantamount to allowing an advance payment.
15. Ownership and Confidentiality of City-Provided Data
All correspondence, documentation and information provided by City staff to any Proponent or prospective
Proponent in connection with, or arising out of this RFP, the Services or the acceptance of any Proposal:
(a) is and shall remain the property of the City;
(b) must be treated by Proponents and prospective Proponents as confidential;
(c) must not be used for any purpose other than for replying to this RFP, and for fulfillment of any
related subsequent Agreement.
16. Ownership and Disclosure of Proposal Documentation
(a) The documentation comprising any Proposal submitted in response to this RFP, along with all
correspondence, documentation and information provided to the City by any Proponent in
connection with, or arising out of this RFP, once received by the City:
i) shall become the property of the City and may be appended to the Agreement
and/or Purchase Order with the Vendor;
ii) shall become subject to the Municipal Freedom of Information and Protection of
Privacy Act ("MFIPPA"), and may be released, pursuant to that Act.
(b) Because of MFIPPA, Proponents should identify in their Proposal material any scientific,
technical, commercial, proprietary or similar confidential information, the disclosure of which
could cause them injury.
(c) Each Proponent’s name at a minimum shall be made public.
(d) Proposals will be made available to members of City Council provided that their requests have
been made in accordance with the City’s procedure and may be released to members of the public
pursuant to MFIPPA.
(e) The City will not return the Proposal or any accompanying documentation submitted by a
Proponent.
17. Intellectual Property Rights
Each Proponent warrants that the information contained in its Proposal does not infringe any intellectual
property right of any third party 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
81 of 128
Viewing
Cop
y
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 Proposal.
18. Failure or Default of Proponent
If the Proponent, for any reason, fails or defaults in respect of any matter or thing which is an obligation of
the Proponent under the terms of the RFP, the City may disqualify the Proponent from the RFP and/or from
competing for future tenders or RFP issued by the City for a period of one year. In addition, the City may
at its option either:
(a) Consider that the Proponent has withdrawn any offer made, or abandoned the Agreement if the
offer has been accepted, whereupon the acceptance, if any, of the City shall be null and void; or
(b) Consider that the Proponent has abandoned any Agreement and require the Proponent to pay the
City the difference between its Proposal and any other Proposal 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 Proponent’s failure or default, and further the Proponent will indemnify and save harmless
the City, its officers, employees and agents from all loss, damage, liability, cost, charge and expense
whatever which it, they or any of them may suffer, incur or be put to by reason of such default or
failure of the Proponent. The Proponent shall be ineligible to submit a new Proposal or bid for any
Call that the City is required to reissue as a result of the Proponent's failure or default or where the
City deems that the Proponent has abandoned the Agreement.
19. Publicity
The Proponent and its affiliates, associates, third-party service providers, and subcontractors shall not
release for publication any information in connection with this RFP or any Agreement without prior written
permission of the City.
20. Selection of Top-Ranked Proponent(s)
The top-ranked Proponent(s), as established under the evaluation that are selected by the City to enter onto
an agreement pending award will be so notified by the City in writing.
21. Notification to Other Proponents
Once the recommended Proponent(s) is notified of their selection, the other Proponents will be notified by
the City in writing of the outcome of the RFP process.
22. Debriefing
Proponents may request a debriefing after receipt of a notification of the outcome of the selection process.
All requests must be in writing to the City Contact and must be made within sixty (60) days of notification
of the outcome of the selection process. The intent of the debriefing information session is to aid the
Proponent in presenting a better Proposal in subsequent procurement opportunities. Any debriefing
provided is not for the purpose of providing an opportunity to challenge the RFP process.
23. No Contract until Execution of Written Agreement
No legal relationship or obligation regarding the procurement of any good or service shall be created
between the Proponent and the City by the RFP process until the selection of the Proponent to provide the
deliverables pursuant to an Agreement.
24. Cancellation
The City may cancel or amend the RFP process without liability at any time.
82 of 128
Viewing
Cop
y
25. Bid Protest Procedure
(a) Pre-award bid disputes.
Proponents should seek a resolution of any pre-award dispute by communicating directly with the City
Contact as soon as possible from the time when the basis for the dispute became known to them. The City
Contact may delay the outcome of the selection process, or any interim stage of this RFP process, pending
the acknowledgement and resolution of any pre-award dispute. For more information, see the Pre-Award
and Post-Award Bid Dispute Procedure.
(b) Post-award bid disputes.
Any dispute to the outcome of this RFP process must be received in writing by the City Contact no later
than ten (10) days after the date of the notification of the outcome of the selection process, or where a
debriefing has been requested, no later than five (5) days after such debriefing is received. Any dispute that
is not timely received or in writing will not receive further consideration.
Any written dispute with a procurement value over $100,000 that cannot be resolved by the City Contact
through consultations with the Vendor, shall be referred to the Treasurer or their designate(s) for an
impartial review, based on the following information:
i. A specific description of each act or omission alleged to have materially breached the procurement
process;
ii. A specific identification of the provision in the solicitation or procurement procedure that is alleged
to have been breached;
iii. A precise statement of the relevant facts;
iv. An identification of the issues to be resolved;
v. The Vendor's arguments, including any relevant supporting documentation; and
vi. The Vendor's requested remedial action.
The Treasurer or their designate(s), in consultation with the City Solicitor, may:
i. Dismiss the dispute;
ii. Accept the dispute and direct the City Contact to take appropriate remedial action, including, but
not limited to, rescinding the award and any executed contract, and canceling the solicitation.
For more information, see the Pre-Award and Post-Award Bid Dispute Procedure.
26. Supplier Code of Conduct
(a) Honesty and Good Faith
Proponents must respond to the City's RFP in an honest, fair and comprehensive manner that accurately
reflects their capacity to satisfy the requirements stipulated in the RFP. Proponents shall submit a Proposal
only if they know they can satisfactorily perform all obligations of the contract in good faith. Proponents shall
alert the Buyer to any factual errors, omissions and ambiguities that they discover in the RFP as early as
possible in the process to avoid the RFP being cancelled.
(b) Confidentiality and Disclosure
Proponents must maintain confidentiality of any confidential City information disclosed to the Proponent as
part of the RFP.
(c) Conflicts of Interest and Unfair Advantage
83 of 128
Viewing
Cop
y
Proponents must declare and fully disclose any actual or potential conflict of interest or unfair advantage
related to the preparation of their bid or where the Proponent foresees an actual or potential conflict of interest
in the performance of the contract.
(d) Collusion or Unethical Bidding Practices
No Proponent may discuss or communicate, directly or indirectly, with any other Proponent or their Affiliated
Persons about the preparation of their Bid including, but not limited to, any connection, comparison of figures
or arrangements with, or knowledge of any other supplier making a submission for the same work. Proponents
shall disclose to the Buyer any affiliations or other relationships with other Proponents that might be seen to
compromise the principle of fair competition, including any proposed subcontracting relationships.
(e) Illegality
A Proponent shall disclose to the Buyer any previous convictions of itself or its Affiliated Persons for
collusion, bid-rigging, price-fixing, bribery, fraud or other similar behaviours or practices prohibited under
the Criminal Code, the Competition Act or other applicable law, for which they have not received a pardon.
(f) Interference Prohibited
No Proponent may threaten, intimidate, harass, or otherwise interfere with any City employee or public office
holder in relation to their procurement duties. No Proponent may likewise threaten, intimidate, harass, or
otherwise interfere with an attempt by any other prospective Proponent to bid for a City contract or to perform
any contract awarded by the City.
(g) Gifts of Favours Prohibited
No Proponent shall offer gifts, favours or inducements of any kind to City employees or public office holders,
or otherwise attempt to influence or interfere with their duties in relation to the RFP or management of a
contract.
(h) Misrepresentations Prohibited
Proponents are prohibited from misrepresenting their relevant experience and qualifications in relation to the
RFP and acknowledge that the City's process of evaluation may include information provided by the
Proponent's references as well as records of past performance on previous contracts with the City or other
public bodies.
(i) Prohibited Communications
No Proponent, or Affiliated Person, may discuss or communicate either verbally, or in writing, with any
employee, public office holder, or the media in relation to any solicitation between the time of the issuance
of the RFP to the award and execution of final form of contract, unless such communication is with the Buyer
and is in compliance with Chapter 140, Lobbying of the Municipal Code.
(j) Failure to Honour Bid
Proponents shall honour their Bid, except where they are permitted to withdraw their bid in accordance with
the process described in the RFP. Proponents shall not refuse to enter into a contract or refuse to fully perform
the contract once their bid has been accepted by the City.
(k) Proponent Performance
Proponents shall fully perform their contracts with the City and follow any reasonable direction from the City
to cure any default. Proponents shall maintain a satisfactory performance rating on their Contracts with the
City and other public bodies to be qualified to be awarded similar contracts.
84 of 128
Viewing
Cop
y
(l) Disqualification for Non-Compliance with Supplier Code of Conduct
Proponents shall be required to certify compliance with the Supplier Code of Conduct in the RFP
Submission Form 1 (Appendix G), with their Bid and verify compliance, upon request from the Buyer,
prior to award. Any contravention of the Supplier Code of Conduct by a Proponent, including any
failure to disclose potential conflicts of interest or unfair advantages, may be grounds for the Chief
Purchasing Official to disqualify a Proponent from the RFP and suspend the Proponent from future
procurements.
27. Governing Law and Interpretation
The terms and conditions in this Appendix B - Terms and Conditions of RFP Process:
(a) are included for greater certainty and intended to be interpreted broadly and separately (with no
particular provision intended to limit the scope of any other provision);
(b) are non-exhaustive (and shall not be construed as intending to limit the pre-existing rights of the parties
to engage in pre-contractual discussions in accordance with the common law governing direct commercial
negotiations); and
(c) are to be governed by and construed in accordance with the laws of the province of Ontario and the
federal laws of Canada applicable therein.
85 of 128
Viewing
Cop
y
APPENDIX C – DRAFT LEGAL AGREEMENT FOR DESIGN, PROGRAM MANAGEMENT
AND CONTRACT ADMINISTRATION SERVICES FOR ACCESSIBILITY UPGRADES
86 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 1 of 28
APPENDIX C – DRAFT LEGAL AGREEMENT FOR DESIGN, PROGRAM MANAGEMENT
AND CONTRACT ADMINISTRATION SERVICES FOR ACCESSIBILITY UPGRADES
THIS AGREEMENT made in quadruplicate this ______ day of _____________, 201__ BETWEEN:
CITY OF TORONTO
(the “City”)
Of The First Part
- and -
[ENTER Consultant’s Full Legal Name]
(the “Consultant”)
Of The Second Part
WHEREAS the City issued the RFP in connection with obtaining professional consulting services for the Project and the Consultant submitted a Proposal in response to the RFP; and
WHEREAS the Consultant has agreed to perform, pursuant to this Agreement, Services in connection with preliminary design and detailed design for the Project in accordance with the terms and conditions set forth in this Agreement; and
WHEREAS at its meeting held on [ENTER DATE], the Bid Committee adopted the recommendations in the Staff Report from the Director of Purchasing and Materials Management dated [ENTER DATE], and authorized the retention of the Consultant to provide the Services in connection with the Project;
NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties
agree as follows:
1. INTERPRETATION
(1) The Interpretation provisions of and definitions contained in the RFP are incorporated into and form
part of this Agreement.
(2) Definitions
In addition to the foregoing, the following terms shall have the meanings as specified in this section unless the context otherwise specifies or requires:
(a) “Additional Services” are those services which are not contemplated or provided for in the scope of Services set out in the RFP and which are expressly authorized by the City of Toronto in writing and in advance in accordance with this Agreement. Fees applied to Additional Services are outlined in Submittal Form A.
(b) “Addendum” and “Addenda” means a written addendum or written addenda issued by the City
which modify the RFP and include(s) the following:
87 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 2 of 28
Addendum No. 1 dated [ENTER DATE]
Addendum No. 2 dated [ENTER DATE]
Addendum No. 3 dated [ENTER DATE]
(c) “Business Day” means any day other than a Saturday, Sunday or a statutory or civic holiday in the Province of Ontario.
(d) “Claims” or “Claim” means any demands, claims, actions, causes of action, suits, proceedings, executions, liens or otherwise for, without limitation, compensation, liabilities, damages or loss of any kind and any nature whatsoever and howsoever caused including property damage or loss, bodily injury or death, loss of reputation, loss of opportunity, economic loss, royalties, judgments, fines, penalties, interest, charges, expenses and costs (including legal costs on a substantial indemnity basis).
(e) “City” means the City of Toronto and where an authority or discretion is conferred upon the City under this Agreement, means the appropriate official or representative of the City as designated or appointed under its governing by-laws, resolutions or policies from time to time or under this Agreement.
(f) “Clarification Letter(s)” means a written document issued by the Consultant clarifying its Proposal.
The Consultant's Proposal has been clarified by the following letter(s) of the Consultant:
Letter(s) of the Consultant dated [ENTER DATE] (the “Clarification Letter(s)”).
Each reference in this Agreement to the Consultant’s Proposal (or individually to the Consultant’s Technical Proposal or Cost of Services Proposal) shall be taken as a reference to the respective Proposal as modified by the foregoing Clarification Letter(s).
[INSERT “There has been no clarification made of the Consultant’s Proposal.” where no Clarification Letters and DELETE box above]
(g) “Confidential Information” means, with respect to the City, all documents, information and
material which are identified by the City to the Consultant as confidential or containing
confidential information; or which by their nature to be considered as confidential or as
containing confidential information of the City, which the Consultant and/or its subcontractors
receive or are exposed to by reason of this Agreement or performing the Services including: (i)
any personal information; (ii) any software code and associated documentation owned or licensed
by the City; and (iii) any administrative, commercial, financial, proprietary, technical,
commercial labour relations, statistical or regulatory information of the City, or of any third party
which may be contained in records of the City and was supplied in confidence to the City and
identified as such to the Consultant. Notwithstanding the foregoing, Confidential Information
shall not include any document, information or material that is or becomes publicly available
through no act or failure of the Consultant from a source other than the Consultant prior to receipt
from the City; or becomes independently available to the Consultant as a matter of right.
(h) “Construction Lien Act” means the Construction Lien Act, R.S.O. c. C.30 and regulations
thereunder, as amended from time to time.
(i) “including” means “including but not limited to”.
(j) “Indemnitees” means the City, its elected officials, officers, directors, employees, agents,
representatives, successors and assigns.
88 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 3 of 28
(k) “Optional Item” means an item which has not been set out in the scope of work of the RFP but
has been proposed by the Consultant in its Proposal as an enhancement or additional service
which may benefit the Project.
(l) “Personnel” means the Consultant’s personnel and includes:
(i) the Consultant’s officers, directors, partners, employees, agents and subcontractors;
(ii) any person employed or engaged by or under the control of the Consultant or its
subcontractors to perform or supply any part of the Services including goods related
thereto; and
(iii)any other person for whom the Consultant is responsible at law.
(m) “Project” refers to a grouping of Assignments which are being undertaken at a single location
that are part of the RFP, and are issued for a single contract for construction.
(n) “Proposal” means the Consultant’s Technical Proposal dated [ENTER DATE] and Cost of
Services Proposal dated [ENTER DATE], including all appendices, exhibits and attachments
thereto, submitted in response to the RFP (individually the “Technical Proposal” and the “Cost
of Services Proposal”, respectively). Each reference to the Proposal in this Agreement shall be
taken as a reference to the Proposal as modified by the Clarification Letter(s), if any.
(o) “RFP” means the Request for Proposal No. 9119-19-0162, issued by the City on [ENTER
DATE], in connection with obtaining professional consulting services for the Project. Each
reference to the RFP in this Agreement shall be taken as a reference to the RFP as modified by
the Addenda, if any.
(p) “Services” means those services, and goods related thereto, and obligations detailed in this
Agreement, including Submittal Form A, to be provided and undertaken by the Consultant for the
City and shall include Additional Services, unless the context requires otherwise, authorized by
the Division Head in accordance with this Agreement.
(q) “Working Day” shall have the same meaning as set out or described in the RFP and, where there
is no meaning or description of Working Day set out in the RFP, it shall have the same meaning
as Business Day.
(3) Interpretation
(a) For the purposes of this Agreement, any reference to a “subcontractor” of the Consultant shall
include a sub-consultant of the Consultant.
(b) Any reference to the Division Head or other officer or representative of the City shall be construed
to mean the person holding that office from time to time, and the designate or deputy of that
person, and shall be deemed to include a reference to any person holding a successor office or
the designate or deputy of that person.
(c) Without restricting or limiting the rights and privileges of the City to any broader interpretation, any
breach or default of or in respect of a term, covenant, warranty, condition or provision of the
Agreement, or a liability caused, by any of the Consultant’s Personnel shall constitute a breach or
default or liability caused by the Consultant.
(d) A reference to any Act, bylaw, rule, policy or regulation or to a provision thereof shall be deemed
to include a reference to any Act, bylaw, rule, policy or regulation or provision enacted in
substitution thereof or amendment thereof.
89 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 4 of 28
(e) This Agreement shall not be construed as or deemed to be an agreement for the benefit of any
third parties, and no third party shall have any right of action arising in any way under this
Agreement for any cause whatsoever.
(f) Any services, goods or incidentals not explicitly specified in this Agreement but which are
necessary to conform to professional or safety standards or codes governing such Services, or
which may be fairly implied as “included”, shall be done or supplied by the Consultant as if such
services, goods or incidentals had been explicitly specified.
(g) Any words and abbreviations, which have well-known professional, technical or trade meanings,
are used in this Agreement in accordance with such recognized meanings, unless expressly
provided otherwise.
(h) All amounts are expressed in Canadian dollars and are to be payable in Canadian dollars and all
references to time shall be deemed to be references to current time in the City.
(4) Priority of Documents
In the event of any conflict or disagreement between the various documents or any omissions contained in the documents making up this Agreement, the documents shall govern in the following order of precedence:
(a) A written amendment to this Agreement in accordance with the terms hereof, the amendment
bearing the later date having priority (if any);
(b) This Agreement including associated Submittal Forms
(c) Addenda, the addendum bearing the later date having priority (if any);
(d) RFP and Appendices;
(e) Statutory Declaration by the Consultant (Schedule “E”);
(f) Clarification Letter(s) of the Consultant (if any), the Clarification Letter bearing the later date
having priority; and
(g) Consultant’s Proposal (including the Technical Proposal and Cost of Services Proposal). The foregoing documents are incorporated into and form part of this Agreement, even if said
documents are not physically attached hereto. The Consultant acknowledges receipt of all such
documents.
2. PERFORMANCE
(1) The Consultant agrees and covenants, and represents and warrants, to the City and acknowledges that the City is relying on such representations, warranties and covenants in entering into this Agreement, as follows:
(a) to supply and perform the Services, more particularly set forth in Submittal Form "A" attached hereto, and undertake, perform and complete its undertakings and obligations provided for in this Agreement to the satisfaction of the Division Head in accordance with all the terms and conditions of this Agreement;
(b) to supply and provide, at its sole cost, save as otherwise expressly provided in this Agreement, all necessary equipment, goods, materials, analysis, transportation, accommodation, labour, personnel, technical assistance and incidentals required in performing or supplying the Services, and all overhead expenses in connection therewith;
90 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 5 of 28
(c) to supply, perform and provide the Services in a careful, professional, skilful, diligent, timely and workmanlike manner according to the best standards of practice, care, skill and diligence to be expected of professionals and contractors in the performance of services similar to those called for under this Agreement including the use of materials and methods as are properly suited to the function and performance intended;
(d) to make available and employ for the purposes of this Agreement only such persons as are professionally qualified, careful, skilled and experienced in the duties required of them to perform the Services properly and in a competent and professional manner and ensure that every such person is properly and thoroughly trained and instructed;
(e) to ensure that its Personnel, when using any buildings, premises, equipment, hardware or software owned, leased or licensed by the City shall comply with all security policies, regulations or directives relating to those buildings, premises, equipment, hardware or software of which the Consultant has received oral or written notice;
(f) to use, in the performance of the Services, those Personnel specifically named in its Proposal and to not add to or substitute any such Personnel or engage any other subcontractor without the prior written approval of the Division Head. The City reserves the right to require the Consultant to immediately replace any of its Personnel supplying or performing the Services, upon written notice by the Division Head, where such person in the reasonable opinion of the Division Head has performed unsatisfactorily or breached an obligation of the Consultant under this Agreement or has otherwise acted improperly. The City shall not pay any fee or compensation whatsoever in respect of the time required by the replacement for any such Personnel to gain familiarity with the Project.
(g) to be solely responsible for the payment of all its Personnel employed or engaged for the purpose of assisting in or undertaking any of its obligations under this Agreement;
(h) to adhere to the Project time schedule and any amendments thereto approved in writing by the Division Head; and
(i) to comply with and conform to all statutes, laws, by-laws, regulations, requirements, ordinances, notices, rulings, orders, directives and policies (including the City policies referenced in the RFP) of the municipal, provincial and federal governments and any other lawful authority and all court orders, judgments and declarations of a court of competent jurisdiction (collectively referred to as the “Laws”), applicable to the Services to be provided by, and the undertakings and obligations of, the Consultant under this Agreement.
(2) The Consultant represents and warrants that its Personnel and, where applicable, the respective workforce of each are fully qualified to perform the Services and the obligations under this Agreement and hold all requisite licences, rights and other authorizations required by any Laws with respect thereto and all powers, capacities and authorities under its governing legislation. Where required by any Laws, the Personnel shall be duly licensed in performing the Services to the satisfaction of the Division Head.
(3) The Consultant shall ensure that all its Personnel comply with the terms of this Agreement and, in particular without limiting the foregoing, the responsibilities of the Consultant with respect to matters concerning safety, compliance with all Laws and the conduct of the Services.
(4) The Consultant shall co-ordinate the services of all its Personnel in a manner acceptable to the Division Head. The Consultant shall ensure that its Personnel at all times work in a professional, co-operative and collegial manner with City staff and the City’s other consultants. It shall be the Consultant's responsibility to control and check the Services of all of its Personnel and to ascertain that all Services are performed in accordance with this Agreement.
(5) The Consultant, in providing the Services, shall and is deemed to be an independent contractor and not the agent or employee of the City.
(6) No subcontracting of any part of the Services or this Agreement by the Consultant shall relieve the Consultant of any responsibility for the full performance of all of its obligations under this
91 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 6 of 28
Agreement. Notwithstanding the approval of any of its Personnel by the City, the Consultant shall be fully responsible for every such Personnel’s activities, works, Services and acts or omissions. Without limiting the generality of any other provision of this Agreement, the Consultant shall be solely responsible and liable to the City for all its costs, losses or damages arising from errors or omissions or non-compliance with this Agreement of or by the Consultant’s Personnel or any of them. The Consultant’s responsibility and liability as set out in this Agreement shall survive the termination or expiry of this Agreement.
3. PAYMENT
(1) The City will pay the Consultant for the Services performed by the Consultant pursuant to this Agreement, in the amounts and manner, and at the times, set forth in Submittal Form A and Schedule "A" hereto attached.
(2) The Consultant shall, even if the rate of payment set forth in Submittal Form A hereto attached is based on an hourly, daily or other time-based rate, perform all of the Services notwithstanding that the value of the time spent by the Consultant in performance thereof exceeds the maximum amount specified in the Schedule, on the basis that neither such rate nor any provision of this Agreement shall relieve the Consultant from performing all the Services or all its undertakings and obligations under this Agreement.
(3) The Consultant agrees to keep and maintain accurate and complete records and accounts related to any costs payable by the City under this Agreement. All such records, including timesheets, correspondence, receipts and memoranda pertaining to the Services shall be available for inspection by any authorized employee or agent of the City at all reasonable times for the purpose of auditing the Consultant's costs and the Consultant shall provide every reasonable assistance for that purpose. Such records shall be kept for a period of 12 months after completion of all of the Consultant’s services in respect to the Project or termination of this Agreement, whichever occurs last.
(4) At the request of the Division Head, the Consultant shall submit to the City, when claiming reimbursement of expenses, except where the RFP does not require disbursements to be itemized and claimed on an individual basis, detailed expense sheets, copies of receipts, and/or per diem documentation, invoices, vehicle travel records and all such documents and materials in respect of such expenses.
(5) Upon completion of all Services pursuant to this Agreement, the Consultant shall submit to the Division Head a statutory declaration attached as Schedule SD-FINAL (Final Payment) to this Agreement, completed by a senior professional engineer (or, where professional engineering services are not performed, a senior professional regulated by a professional body in respect to the Services performed), who is a fully authorized representative of the Consultant, detailing the Services, or part thereof, for which payment is being claimed, itemizing all disbursements claimed at the time of such submission and certifying that such Services have been performed and disbursements claimed in accordance with the provisions of this Agreement. The details of the performance of the Services, or part thereof, to be contained in the statutory declaration shall be satisfactory to the Division Head.
(6) At the time of submission of the final statement or within a reasonable time thereafter, the Consultant shall submit to the Division Head the certificate of an auditor duly licensed under the Public Accounting Act, 2004 to the effect that in his/her opinion the charges set forth in such final statement (exclusive of any Services to be paid on a fixed fee basis) are properly chargeable under this Agreement. Audit reports must be in the format prescribed by The Chartered Professional Accountants of Canada (CPA Canada). Reports which are not in accordance with current CPA Canada guidelines will not be accepted. The City reserves the right to conduct an audit of the records of the Consultant at the option of the Division Head. In the event that the Services are scheduled to extend or, while not scheduled to do so, do extend beyond a period of two years, audit reports satisfactory to the Division Head shall be required at the end of the second year of Services and on the last day in each subsequent year in which Services are performed; provided, however, that in the final year of Services, the audit report shall be provided within 60 days of the last day of performance of the Services.
92 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 7 of 28
4. CONSTRUCTION LIEN ACT
(1) For the purposes of this section, “supply of services”, “improvement” and “holdback” shall have the same meaning, respectively, as defined by the Construction Lien Act.
(2) Where any part of the Services constitutes a supply of services upon or in respect to an improvement, the City shall retain a holdback as required by the Construction Lien Act from each sum otherwise payable to the Consultant under this Agreement with respect to those Services. The holdback shall be retained, held and released by the City in accordance with the Construction Lien Act.
5. RIGHT OF OWNERSHIP/CONFIDENTIAL INFORMATION
(1) Any item, including tangible and intangible property, created, prepared or purchased by the Consultant or any person on its behalf in connection with the Services or this Agreement and charged to the City’s account, including all original written materials, programs, card decks, tapes, disks, listings, books, reports, drawings, maps plans, and all other documents, items, materials and information,
(a) is and shall be deemed and shall remain the sole and absolute property of the City, including all copyright therein and rights of use and reproduction, without the payment of any additional compensation by the City to the Consultant; and
(b) shall be delivered to the Division Head upon completion of the Services or other termination of this Agreement, whichever occurs first, or as otherwise directed by the Division Head.
(2) All proprietary rights in, connected with or arising out of, the ideas, concepts, know-how, techniques, computer data or programming developed by the Consultant or the Consultant’s Personnel, or by the Consultant or the Consultant’s Personnel and the City and its personnel jointly, during the course of this Agreement relating to the Services provided under this Agreement shall be the sole and absolute property of the City and shall be treated as trade secrets to which the City alone is entitled, with the concomitant duty of confidentiality and non-disclosure. The Consultant shall obtain all necessary assignments of copyright and waivers of moral rights in all Services and related goods to be delivered to the City in accordance with this Agreement and shall provide satisfactory proof thereof to the Division Head upon request.
(3) The Consultant acknowledges that any item, document or other matter which is the property of the City, or in which the City has proprietary rights, pursuant to subsections (1), (2) and (3) of this section and the information contained therein are the property of the City having been developed in confidence for the City for its own and sole use.
(4) Any documents, data or other information obtained from the City or prepared by the Consultant for the City shall be disclosed only to those of the Consultant's employees, agents or subcontractors who have a "need to know" for purposes of assisting the Consultant in the performance of the Services.
(5) The Consultant shall not use, disclose, disseminate or reproduce or in any way making known to third parties or to the public any Confidential Information of the City communicated to or acquired by the Consultant in the course of carrying out the Services, except:
(a) as may be strictly required for the purposes of carrying out the Services, or
(b) as expressly permitted in advance by the City in writing, or
(c) as may be required by law to be disclosed pursuant to a court or tribunal order or other legal compulsion and, if so compelled, the Consultant shall only furnish the portion of the City Confidential Information that it is legally required to furnish. Where the Consultant is required by law to disclose any such documents, data or information, the Consultant shall promptly notify the Division Head upon such legal requirement being imposed to permit the City an opportunity to seek an order or other remedy to prohibit or restrict such disclosure.
(6) The Consultant shall deliver to the Division Head, upon completion of the Services, any computer data or program used by the Consultant in performing the Services and paid for by the City, subject to any third party proprietary rights with respect to any computer data or program used by the Consultant but
93 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 8 of 28
which was developed by a third party with resources unrelated to this Agreement which may be purchased or licensed directly by the City, at the City’s option.
(7) The Consultant shall return forthwith and without demand all Confidential Information of the City as may be in documentary form or recorded electronically or otherwise upon the termination of its Services.
(8) Any reports or other documentation delivered to the City by the Consultant shall become the property of the City and may be subject to disclosure under the terms of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56 (the “MFIPPA”). While the City is not responsible for the interpretation of any of the provisions of MFIPPA, if the Consultant believes that any part of the reports or other documentation delivered to the City reveals any trade secret, intellectual property right or any scientific, technical, commercial, financial or other similar information belonging to the Consultant and the Consultant wishes the City to attempt to preserve the confidentiality of the trade secret, intellectual property right or information, the trade secret, intellectual property right or information must be clearly and specifically designated as confidential.
6. INSURANCE [Note: Specimen Certificate & Policy Coverages to be set out in RFP]
(1) The Consultant agrees to purchase and maintain in force, at its own expense, the policies of insurance
and coverages set out in the RFP for the duration of this Agreement, except in the case of professional
liability (errors and omissions) insurance which shall be maintained for a period ending no sooner
than two (2) years after the termination of this Agreement or the completion of the Project, whichever
occurs last. Such insurance shall be in accordance with the requirements of the RFP and be provided
by an insurer licensed to carry on the business of an insurer in Ontario and acceptable to the City.
The Consultant shall provide the City with certificates of insurance as proof of such coverage, in a
form acceptable to the City in accordance with the RFP, originally signed by the insurer or its
authorized agent and delivered to the City prior to the execution of this Agreement and the
commencement of the Consultant’s Services.
(2) Prior to the execution of this Agreement and the commencement of the Consultant’s Services, the
Consultant shall also provide the City with proof of professional liability insurance maintained by
any subcontractor engaged by the Consultant in relation to the Services, where such subcontractor is
under a professional obligation to maintain the same, in a form and with an insurer acceptable to the
City.
(3) The City reserves the right to require the Consultant to purchase additional insurance coverage or
alter existing insurance coverage as the City’s Manager of Insurance & Risk Management may
reasonably require. The City agrees to pay the reasonable incremental cost to the Consultant of such
additional insurance or any increase in existing coverages, where applicable. Provided, however, the
City’s obligation to pay any incremental cost shall not include any costs attributable to risk factors
unrelated to the increase of coverage requested by the City, including the Consultant’s claims history,
or any costs that exceed generally available market prices for such coverages available to consultants
providing like services. The Consultant shall obtain the prices for such coverage changes and provide
same to the City.
(4) Any premiums due on any insurance policy under this section but not paid by the Consultant may be
paid directly to the insurer(s) or broker(s) by the City, which shall be entitled to deduct the amount of
same along with its reasonable costs in so doing from any monies otherwise due to the Consultant by
the City either under this Agreement or otherwise.
(5) To ensure there is no gap in coverage, the Consultant shall provide original signed Certificates
evidencing renewals or replacements to the City prior to the expiration date of the original policies,
without notice or request by the City.
94 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 9 of 28
(6) The Consultant agrees that insurance policies may be subject to reasonable deductible amounts,
which deductible amounts shall be borne by the Consultant. The certificates of insurance must
include details of the insurance coverage, exclusions, deductibles and any conditions of coverage.
(7) The Consultant shall bear all costs, expenses, losses and damages of its own and those of the City which
may arise as a result of the Consultant failing to or delaying in promptly complying with this section.
7. WORKERS’ RIGHTS
(1) The Consultant shall provide to the City, prior to the commencement of the Services, proof of coverage (registration and payment of premiums) under the Workplace Safety and Insurance Act, 1997 and the regulations thereunder for itself and its Personnel, which coverage shall be maintained for the duration of the Agreement. At the request of the Division Head, the Consultant shall provide proof of the maintenance of such coverage for the duration of the Agreement.
(2) The Consultant shall at all times pay or cause to be paid any assessments or compensation required to be paid by the Consultant or its subcontractors pursuant to the Workplace Safety and Insurance Act, 1997 and the regulations thereunder and any other applicable workers' compensation legislation, and upon failure to do so, the City may pay such assessments or compensation to the Workplace Safety and Insurance Board and may deduct such assessments or compensation from monies due to the Consultant. The Consultant shall comply with all Laws relating to workers' compensation.
(3) Without limiting the generality of any other indemnification provision of this Agreement, the Consultant agrees to indemnify and save harmless the Indemnitees from and against all Claims which may arise as a consequence of or result of the Consultant or any of its subcontractors failing or delaying in fully complying with the provisions of this section or which may arise as a consequence of any illness, injury or death of any employee of the Consultant or any such subcontractor.
8. INDEMNITIES
(1) The Consultant shall indemnify and save harmless the Indemnitees from and against any and all Claims
resulting from:
(a) any breach, violation or non-performance by or on behalf of the Consultant of any covenant,
obligation or agreement of the Consultant contained in this Agreement, including any express or
implied warranty;
(b) any negligent acts, errors or omissions or wilful misconduct by or on behalf of the Consultant
relating to the Services to be provided under this Agreement;
(c) any acts performed by or on behalf of the Consultant beyond the authority of the Consultant hereby
conferred, whether negligent or otherwise;
(d) any inaccuracy in or breach of any of the representations or warranties of the Consultant contained
in this Agreement;
(e) any preserved or perfected lien under the Construction Lien Act filed or made on account of the
Services performed under this Agreement, provided that such liens are not the direct result of the
default in payment by the City to the Consultant of amounts properly due under this Agreement.
The Consultant shall cause any such lien or claim which may be filed or made to be released,
vacated or otherwise discharged within 5 days of obtaining notice of the lien or claim or from
receipt by the Consultant of written notice from the City. If the Consultant fails to release, vacate
or discharge any such lien or claim, then the City may, but is not obligated to, obtain a discharge or
release of the lien or claim or otherwise deal with the lien or claim, and the Consultant shall pay all
reasonable costs and expenses, including reasonable legal fees, incurred by the City in so doing;
95 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 10 of 28
(f) any infringement or alleged infringement of any patent, trade secret, service mark, trade name,
copyright, official mark, moral right, trademark, industrial design or other proprietary rights
conferred by contract, common law, statute or otherwise in respect to the Services or any matter
provided to the City or performed by the Consultant, or anyone else for whom at law it is
responsible.
(2) The Consultant shall pay all reasonable costs, expenses and legal fees that may be incurred or paid by
the Indemnitees in connection with any Claim with respect to a matter for which the Consultant is
obligated to indemnify the Indemnitees pursuant to this section, provided that the indemnity obligations
of the Consultant under this section shall not extend to loss or damage attributable to the negligence or
wilful misconduct of any Indemnitee to the extent that such Indemnitee’s negligence or wilful
misconduct caused the loss or damage.
(3) In the event any Claim is asserted in respect to which an Indemnitee is entitled to indemnification under
this section, and without prejudice to any other right or remedy the City may have, the City shall be
entitled to deduct or withhold a reasonable sum on account of such Claim, including reasonable legal
costs, from monies owed or payable by the City to the Consultant under this Agreement pending the
final determination or settlement of any such Claim. In the event (i) the Consultant is, becomes, or is
deemed to be bankrupt or an insolvent person pursuant to the Bankruptcy and Insolvency Act (Canada);
(ii) the Consultant makes a general assignment for the benefit of creditors; or (iii) a receiver or
interim-receiver is appointed with respect to some or all of the Consultant’s business, assets, or
property, then the City shall be entitled, without prejudice to any other right or remedy the City may
have, to further deduct or withhold a reasonable sum on account of such Claim, including reasonable
legal costs, from any monies owed or payable by the City to the Consultant under the Project or any
other agreement or account. The provisions of this subsection shall not apply in the event that such
Claim is otherwise fully provided for under any insurance provided by the Consultant to or for the
benefit of the City.
(4) This section shall survive the expiration or earlier termination of this Agreement.
9. DEFAULT & TERMINATION
(1) The following shall constitute, without limitation, Acts or Events of Default (“Default”) by the
Consultant:
(a) where the Consultant fails or neglects to commence the Services within ten (10) Working Days
of a formal direction by the Division Head to commence;
(b) where the Consultant fails or neglects to proceed, once commenced, with the provision of
Services diligently and at a rate of progress that, in the reasonable opinion of the Division Head,
will ensure entire completion of the Services within the time provided for in the Agreement or
where the City reasonably determines that the Consultant has abandoned its duties with respect
to this Agreement;
(c) where the Consultant fails or neglects to complete the Services within the time limit(s) under this
Agreement;
(d) where the Consultant has made any material misrepresentation in respect to this Agreement or
any part thereof;
(e) where the Consultant fails to comply with and maintain in good standing any insurance policies
and coverages, securities, professional certificates, permits, licences or approvals required by this
Agreement or commits any acts or omissions that, in the opinion of the Division Head,
96 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 11 of 28
jeopardizes or may jeopardize these policies, securities, certificates, permits, licences or
approvals;
(f) where the Consultant fails or refuses to correct, rectify or remedy any unsatisfactory or defective
Services, when so ordered by the City in writing, or fails to prosecute the Services with the
required skill and diligence;
(g) where the Consultant fails to comply with any Law applicable to the Services;
(h) where the Consultant subcontracts the whole or any part of this Agreement or the Services or
makes an assignment of this Agreement or the Services thereunder or any part thereof, without
the prior written consent of the City;
(i) where a lien arises with respect to the Services undertaken by the Consultant under the Agreement
and remains unpaid by the Consultant after demand to pay therefore, unless vacated or discharged
and released by payment into a court of competent jurisdiction or otherwise, within Five (5)
Working Days of such demand, save and except a valid and proper lien of the Consultant
registered against the property affected by the Agreement;
(j) where any of the goods, chattels or effects of the Consultant shall at any time during the Term be
seized or taken in execution of attachment; or if a writ of execution shall be issued against the
goods, chattels or effects of the Consultant; or if the Consultant shall make any assignment for
the benefit of creditors; or if the Consultant shall be adjudged bankrupt or insolvent, commit any
act of bankruptcy or insolvency or make any proposal under or take advantage of any of the
provisions of any act or statutes whatsoever that may be in force regarding bankrupt or insolvent
debtors or debtors who are not able to or do not pay their debts promptly and in full; or if a
receiving order or winding up order shall be made against or in respect of the Consultant; or if
any actions or proceedings shall be taken to wind up, dissolve or liquidate the Consultant or its
assets by, against or in respect of the Consultant; or where a resolution is passed or any other act
undertaken for the winding up of the Consultant; or a receiver, manager or trustee is appointed in
respect of the business or assets of the Consultant, or any part of thereof, by a court of competent
jurisdiction, or under an agreement;
(k) where the Consultant ceases or threatens to cease to carry on its business, or where the Consultant
makes or agrees to make a bulk sale of its assets; or defaults in payment of any indebtedness or
liability to a chartered bank or other lending institution, whether secured or not; and
(l) where the Consultant fails to comply with or observe or perform, or breaches or violates, any
material provision, term, covenant, warranty, condition and/or obligation of the Agreement.
(2) In the event that the Consultant has committed a Default or a Default has occurred, the Division Head
may provide written notice (“Default Notice”) to the Consultant to the effect that if the Consultant
does not completely remedy the Default to the satisfaction of the Division Head within Five (5)
Working Days of delivery of the Default Notice or otherwise expressly granted in writing by the
Division Head in his or her absolute discretion, then the Division Head may, in his/her sole discretion,
on the behalf of the City:
(a) suspend the performance of the Agreement by the Consultant and either perform the Services on
a temporary basis itself or engage another consultant to perform the Services on a temporary
basis;
(b) terminate the Agreement and/or the Services of the Consultant immediately by giving notice to
that effect to the Consultant;
(c) cease all payments to the Consultant, save for the payment of those Services, if any, that have
been furnished by the Consultant to the satisfaction of the Division Head up to the time of such
termination and that have not yet been paid by the City (the Consultant shall have no claim of
97 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 12 of 28
any kind otherwise against the City), subject to any rights or remedies the City may have against
the Consultant;
(d) enforce any performance security provided by the Consultant or deduct or set-off from funds
retained under such performance security or otherwise held, but such enforcement shall not
preclude the City from recovering any further amounts or damages incurred by the City as a result
of the Default by the Consultant;
(e) engage another consultant to complete the Project or may itself complete the Project, without
further liability to the Consultant,
(f) where the City performs or engages another consultant to perform the Services, either on a
temporary basis or otherwise, the City may employ such means as the Division Head may deem
necessary or advisable to complete the Services to his satisfaction with such changes therein as
in the Division Head's opinion are necessary or advisable by reason of the Consultant's Default,
or any combination of the foregoing.
(3) Notwithstanding subsection (2) of this section and without prejudice to or foregoing any other right,
privilege or remedy of the City, in the event that any emergency services are necessitated as a result
of the Default of the Consultant, such services may be undertaken immediately, without notice, by
the City and all reasonable costs incurred by the City arising from such emergency or as a result of
such emergency services shall be borne by the Consultant and payable forthwith upon written demand
by the City, with particulars of the emergency and services necessitated thereby, and the City shall
have no liability to the Consultant for any loss or damage or compensation whatsoever resulting from
such action by the City.
(4) In addition to the rights and remedies in subsection (2) and (3) of this section, if the City terminates
the Consultant’s Services in whole or part, as a result of a Default by the Consultant, the City may
but is not obliged to:
(a) take possession of and utilize any items, goods, material and equipment of the Consultant devoted
to that part of the Services terminated, within the Project site, which is intended to be utilized in
the Services, subject to the secured rights of third parties;
(b) withhold further payments to the Consultant with respect to the Services or the portion of the
Services withdrawn from the Consultant until the Services or portion thereof withdrawn are
completed to the satisfaction of the Division Head;
(c) charge the Consultant the additional cost over the Consultant’s Proposal price for completing the
Services or portion thereof withdrawn from the Consultant;
(d) charge the Consultant a reasonable allowance, as determined by the Division Head, to cover
correction to the Services performed by the Consultant that may be required;
(e) charge the Consultant for any costs and damages the City may have sustained as a result of the
Default; and
(f) charge the Consultant the amount by which the cost of corrections to the Services exceeds the
allowance provided for such corrections, or any combination of the foregoing.
(5) The Consultant's obligation under this Agreement as to quality, correction and warranty of the
Services, performed prior to the time of termination of this Agreement or termination of the
Consultant's right to continue with the Services in whole or in part, shall continue to be in force after
such termination.
(6) In addition to the foregoing rights of the City, may, at his or her sole option and upon providing not
less than ten (30) Working Days’ prior written notice to the Consultant, elect to suspend the Services
for up to ninety (90) calendar days or discontinue the Services and terminate this Agreement for any
reason. In such an event, the Consultant shall have no claim, including for any loss or damages,
98 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 13 of 28
against the City except for payment for such of the Services as have been satisfactorily performed by
the Consultant to the satisfaction of the City to the date of notice of the suspension or discontinuance
of Services, subject to any rights or remedies the City may have against the Consultant. The
Consultant shall immediately suspend or discontinue the Services, as the case may be, on the date
and to the extent specified in the notice and place no further orders for materials or services for the
terminated portion of the Services. In the event of a discontinuance of Services, termination shall
become effective on such date as shall be stated in the City's notice.
(7) The rights and remedies provided in this section given to the City are distinct, separate and
cumulative, may be exercised at any time and from time to time independently or in combination,
are in addition to all other legal, equitable or statutory rights, privileges and remedies to which the
City is otherwise entitled, as well as any other rights and remedies stipulated in this Agreement, and
the exercising or taking of any one right or remedy shall not preclude the exercising or taking of any
other rights or remedies.
10. NON-WAIVER
No condoning, excusing or overlooking by the City or any of its representatives of any Default by the
Consultant at any time or times in respect of any provision contained in this Agreement shall operate as
a waiver of the City's rights under this Agreement in respect of any continuing or subsequent Default or
so as to defeat or affect in any way the rights of the City under this Agreement in respect of any such
continuing or subsequent Default. No waiver shall be inferred from or implied by anything done or
omitted by the City or any of its representatives and no waiver of any rights of the City shall be effective
unless expressly provided in writing by an authorized representative of the City.
11. SET-OFF
In addition to any other remedies the City may have under this Agreement, the City shall have the right
to set-off, withhold, retain or deduct from amounts due or owing by the City to the Consultant under the
Project an amount sufficient to cover any monetary Claims or other amount due or owing from time to
time, or portions thereof, by the Consultant to the City, including any amount owing to the City pursuant to
the Consultant’s indemnification of the City under this Agreement.
12. OCCUPATIONAL HEALTH & SAFETY ACT
(1) The Consultant shall comply with 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") including, without restricting the generality of the foregoing, any obligations of the Consultant as an "employer" under Sections 25 and 26 thereof.
(2) The Consultant:
(a) must, immediately upon the execution of this Agreement and prior to commencement of the Services, forward to the Division Head a copy of the Material Safety Data Sheets (the “MSDS”) for each hazardous material (as defined in the OHSA) to be used in the performance of the Services;
(b) shall not bring onto the work site any hazardous material, as defined in the OHSA, without first obtaining the prior written authorization of the Division Head and maintaining at the Project site a copy of the relevant MSDS readily accessible to all workers, Consultant’s Personnel and City personnel;
(c) shall not remove or interfere with any "designated substance" as defined by the OHSA, except in full compliance with the OHSA and after notifying the City; and
99 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 14 of 28
(d) shall, following discovery that any designated substance has been removed or interfered with other than in compliance with subsection (c) of this section, forthwith report same to the City and ensure that no further non-compliant removal or interference occurs.
(3) The Consultant shall report to the City any non-compliance with the OHSA by the contractor in the construction of the Project if and when brought to the attention of the Consultant.
(4) Authorized representatives of the City shall at all times have access to the work site to monitor the Services to whatever extent they deem appropriate to determine compliance by the Consultant with the requirements of this Agreement including all health and safety requirements under the OHSA and applicable Laws, and the Consultant acknowledges that:
(a) Compliance with the OHSA is material to this Agreement and the lack of such compliance may result in the Consultant's performance of the Services being suspended or this Agreement being terminated by the City for cause; and
(b) violations are intended to be documented and kept on file.
(5) The Consultant shall cease the Services, or any part thereof, if an authorized representative of the City so requires orally or in writing on the grounds that there has been any violation of this Agreement with respect to health and safety requirements including those under OHSA, and thereafter the Services or affected part thereof shall not resume until any such violation has been rectified to the satisfaction of the City.
(6) The Consultant shall be responsible for any delay caused by the Consultant or any of its Personnel in the progress of the Services as a result of any violation of provincial or municipal health and safety requirements by the Consultant, it being understood that no such delay shall be a force majeure for the purposes of extending the time for performance of the Services or entitling the Consultant to additional compensation, and the Consultant shall take all necessary steps to avoid delay in the final completion of the Services without additional cost to the City, which shall not be responsible for any additional costs or liability resulting from any such delay.
(7) Without limiting the generality of any other indemnification provision of this Agreement, the Consultant will indemnify the Indemnitees and hold them harmless from and against all liability resulting from any and all failures to meet the responsibilities referred to in this section, including, without restricting the generality of the foregoing,
(i) any expenses incurred by the City as a result of stoppage of the Services on account of failure by the Consultant to meet its obligations under and/or with respect to the OHSA; and
(ii) any fine(s) levied against the City as a result of any breach of the responsibilities of the employer for the Project, to the extent attributable to the Consultant's failure to fulfil its obligations as described in this section.
(8) Nothing in this section shall be taken as making the City the "employer" (as defined in the OHSA) of any workers employed or engaged by the Consultant for the Services, either instead of or jointly with the Consultant.
13. SCHEDULES
The following Schedules attached to this Agreement shall constitute an integral part of this Agreement
and all expressions defined in this Agreement shall have the same meanings in such Schedules, unless
expressly provided otherwise in such Schedules:
100 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 15 of 28
Schedule "A": Professional Consulting Services
Schedule "B": Program Reporting
Schedule "C": Service Level Agreement
Schedule "D": Client Satisfaction Scorecard
Schedule "E": Statutory Declaration By the Consultant RE: Final Payment
Schedule "F": Consultant's Clarification Letter (if applicable)
Schedule "G": Specimen Insurance Certificate
The RFP, the Addenda (where applicable) and the Consultant’s Proposal are incorporated by reference
into this Agreement as if they were set out in this Agreement in their entirety and form part of this
Agreement, even if said documents are not physically attached hereto. The Consultant acknowledges
receipt of such documents.
14. SUCCESSORS AND ASSIGNS
(1) This Agreement and all terms, covenants, conditions and provisions herein shall be binding upon and
shall ensure to the benefit of the City and the Consultant and their respective permitted assigns,
successors and legal representatives.
(2) Except as expressly permitted in this Agreement, the Consultant shall not:
(a) assign, transfer or encumber in any manner or part this Agreement without the prior written
consent of the City; or
(b) subcontract any Services under this Agreement or any part thereof to a third party or change any
approved subcontractor without the prior written consent of the City.
(3) No assignment or subcontracting shall, in any circumstances, relieve the Consultant of its
responsibilities, obligations and liabilities under this Agreement.
15. AGREEMENT IN WRITING
No verbal arrangement or agreement relating to the Services will be of any force or effect unless it is in writing and signed by duly authorized representative(s) of the City. The City shall not be bound by any oral communication or representation whatsoever, including but not limited to any instruction, amendment or clarification of this Agreement or any of the documents comprising this Agreement, or any representation, information, advice, inference or suggestion, from any person (including but not limited to an elected official, employee, agent, independent consultant or any other person acting on the behalf of or at the direction of the City or other representative of the City) concerning this Agreement, any of the documents comprising this Agreement, or any other matter concerning this Agreement. Where in this Agreement a reference is made to the express written agreement, approval or consent of the City, it shall be understood that the City shall not be deemed or construed to have agreed to any stipulation, specification, exclusion, limitation or other term or condition that deviates from a provision set out in this Agreement, unless that deviation is expressly confirmed in a written and express amendment to this Agreement.
No officer, employee, representative or agent of the City is authorized to orally alter any portion of this Agreement. The City shall not be bound by any written representation whatsoever concerning this Agreement unless executed by the person designated and authorized in accordance with this Agreement or in accordance with a direction or authorization of City Council. The Consultant releases and waives all claims whatsoever in negligence, in equity or otherwise with respect to any oral or unauthorized representations or communications.
101 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 16 of 28
16. ENTIRE AGREEMENT
The documents comprising this Agreement are complementary and what is required by any part thereof shall be considered as being required by the whole. This Agreement, as may be amended from time to time by the written agreement of the parties in accordance with the terms herein, contains the entire agreement between the parties hereto with respect to the subject matters hereof. It is agreed that there is no representation, warranty, collateral contract or condition affecting this Agreement except as expressed in it. No amendment, modification or supplement to this Agreement shall be valid or binding unless set out in writing and executed by the parties hereto.
17. GOVERNING LAW This Agreement shall be governed by, subject to and construed in accordance with the laws of the
Province of Ontario and the laws of Canada, as applicable to the matters herein. Any action or other
legal proceeding arising under or with respect to this Agreement (including any motion or other
interlocutory proceeding) shall be brought in a Court or a tribunal, whichever may be applicable, sitting
in Toronto, Ontario. In the event that there is no applicable Court or tribunal sitting in Toronto, the
proceeding shall be brought in the court (or other forum) of competent jurisdiction nearest to the City of
Toronto within the Province of Ontario. The Consultant and the City each irrevocably submit to the
exclusive jurisdiction of the courts of the Province of Ontario in accordance with the foregoing.
18. SURVIVAL
In addition to any obligations set forth in this Agreement that by their nature survive the completion of the Services or termination of this Agreement, those obligations set out in ss. 2(1)(g) and 2(6) [liability for and payment of Consultant’s Personnel], ss. 3(3) [retention of records], s. 5 [Rights of Ownership/Confidential Information], s. 6 [Insurance], ss. 7(2) [Workers’ Compensation Claims], s. 8 [Indemnities], s. 9 [Default/Termination], s. 11 [Set-Off], ss. 12(7) [OHSA indemnity], s. 14 [Successors and Assigns], s. 15 [Agreement in Writing] and s. 17 [Governing Law] or otherwise expressly intended to survive shall continue to bind the Consultant notwithstanding the completion of all or part of the Services and payment therefore in accordance with this Agreement or the termination of this Agreement.
19. SEVERANCE WHERE PROVISION ILLEGAL, ETC.
If any provision of this Agreement or the application thereof to any person or circumstances is found to
be invalid, unenforceable or void by any court or tribunal of competent jurisdiction, such provision shall
be deemed severable and all other provisions of this Agreement shall be deemed to be separate and
independent therefrom and continue in full force and effect unless and until similarly found invalid, void
or unenforceable. The remaining provisions of this Agreement and its application to any person or
circumstances shall not be affected thereby, but this severance provision shall apply only insofar as the
effect of that severance is not to change the fundamental nature of the obligations assumed respectively
by the City and Consultant.
20. FURTHER ASSURANCES The Consultant agrees that it will do all such acts and execute all such further documents, conveyances,
deeds, assignments, transfers and the like, and will cause the doing of all such acts and the execution of
all such further documents (including waivers of moral rights) as are within its power to cause the
doing or execution of, as the City may from time to time reasonably request, in writing, and as may be
necessary or desirable to give full effect to this Agreement.
102 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 17 of 28
21. NOTICES
Any demand or notice to be given pursuant to this Agreement shall be duly and properly made and given if made in writing and delivered to the party for whom it is intended at the address as set out below, either personally, by facsimile or by means of prepaid registered mail addressed to such party as follows:
(1) in the case of the City:
City of Toronto Metro Hall 55 John Street, 2nd Floor Toronto, ON M5V 3C6 Attention: Patrick Matozzo Interim General Manager, Project Management Office, Facilities Management
(2) in the case of the Consultant:
[ENTER Consultant’s name and address]
Attention: [ENTER contact person]
or to such other addresses as one party may from time to time notify the other party in writing, and any demand or notice so made or given shall be deemed to have been duly and properly given and received on the day on which it was personally delivered or, if delivered by facsimile, shall be deemed to be delivered as of the next Business Day following the date of transmission (provided a confirmation of transmission receipt is issued) or, if mailed, then, in the absence of any interruption in postal service in the City of Toronto affecting the delivery or handling thereof, on the day following three (3) full Business Days following the date of mailing.
103 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 18 of 28
IN WITNESS WHEREOF the City and the Consultant have hereunto affixed their respective corporate
seals attested to by the hands of their proper officers in that behalf duly authorized.
SIGNED, SEALED AND DELIVERED ) CITY OF TORONTO
)
in the presence of: )
)
)
) City Clerk
) City Clerk
) (c/s)
)
) _____________________________
) Patrick Matozzo, Interim General Manager
) Facilities Management
) XXXXXXX LIMITED
)
) ______________________________
) Name: XXXXXXXX
) Title:
)
)
) ______________________________
) Name:
) Title:
)
) I/We have authority to bind the Corporation.
Approved As To Form
…………………………………………
Confirmed by Division Head:
-----------------
Authorized by Minute No. ___of the Bid Committee on
The____ day of _______
104 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 19 of 28
SCHEDULE "A"
PROFESSIONAL CONSULTING SERVICES
[ATTACH Cost of Services Proposal for the Services applicable to this Agreement - e.g. Cost of
Services Proposal for Design Services/ Cost of Services Proposal for Construction Services -
where Services are not all within 1 agreement]
Subject to the provisions of this Agreement, the Consultant shall provide the Services more particularly described in Submittal Form "A" for the Project, ensuring that the project approach, staffing, organization, methodology and schedule are in accordance with the RFP and the Consultant's Proposal.
Services:
Refer to Submittal Form A for Scope of Work
Throughout the Project, the Consultant shall work collaboratively with the City staff. The Consultant
shall ensure that sufficient time and resources are allocated to allow for City’s input into decision-making
processes, that the City’s concerns are adequately addressed and that all Services are coordinated with
the other active associated projects as required.
The Consultant shall provide any Additional Services, if and as may be required by the City, upon the
prior written authorization to proceed with such Additional Services from the City. The fees and expenses
for any such Additional Services are subject to the approval of the City, in his/her sole discretion, and, if
approved, shall be paid under the contingency allowance (where applicable) provided for in the RFP.
The Consultant’s fees (inclusive of disbursements) are set out in its Cost of Services Proposal in Submittal
Form "A".
Notwithstanding anything to the contrary in this Agreement, the total fees and disbursements (including
overhead and all taxes) for all Services to be provided by the Consultant under this Agreement, including
any authorized Provisional Items and Additional Services, shall not exceed a maximum price that will be
confirmed during negotiations with the successful Proponent (the “Maximum Agreement Price”).
The initial estimated cost of Service deliverables or tasks may be adjusted during the Agreement by mutual agreement between the City and the Consultant, provided that the total cost of Services under this Agreement is not greater than the Maximum Agreement Price.
Additional Services shall only be provided on an “as and when requested” basis. The City shall not be responsible for the payment of any Additional Services unless those services have been authorized and assigned to the Consultant by prior written approval of the the City of Toronto. If and upon being authorized, the Consultant shall proceed forthwith to supply the or Additional Service(s), as the case may be, in accordance with: (I) the provisions of this Agreement; (ii) the terms of such authorization; and (iii) in the case in of Additional Services, the applicable rates or prices as set out in Submittal Form A- Tab H in the Consultant’s Proposal or otherwise agreed to in writing by the Consultant and the City of Toronto, as the case may be.
105 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 20 of 28
If any Services under this Agreement are included by the Consultant in a progress claim as partially or fully completed, but are not completed in accordance with this Agreement, the City may withhold from payment the total amount payable, or a part thereof, for those Services until they are completed or corrected to the full satisfaction of the City, shall notify the Consultant in writing of its action and the reason for same. The City shall pay the Consultant on a monthly basis, within forty-five (45) days of the City’s receipt of the Consultant's invoice properly prepared to show details of the portion of the Services accomplished and the hours expended by the Consultant's Personnel to carry out the Services covered by the said invoice. All or part of the aforementioned amounts are to be paid by the Consultant on a timely basis to any other firm and/or personnel which assists the Consultant in performing part or all of the Services, and the Consultant shall advise the City when such payments by the Consultant have all occurred. It is agreed and understood that the City will not pay any firm and/or personnel other than the Consultant for the Services and that it is the Consultant's responsibility to pay all the other firms and personnel.
106 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 21 of 28
SCHEDULE "B"
PROGRAM REPORTING
To be developed in consort with the successful Proponent
107 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 22 of 28
SCHEDULE "C"
SERVICE LEVEL AGREEMENT
To be developed in consort with the successful Proponent
108 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 23 of 28
SCHEDULE "D"
CLIENT SATISFACTION SCORECARD
To be developed in consort with the successful Proponent
109 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 24 of 28
SCHEDULE "E"
STATUTORY DECLARATION BY THE CONSULTANT
RE: FINAL PAYMENT
PROVINCE OF ONTARIO ) IN THE MATTER OF
) the consulting agreement entered into
) between the City of Toronto
) and ___________________________________
) dated ___________________ (the “Agreement”)
) and an Invoice dated ___________________ (the “Invoice”)
)
To Wit:
I, ____________________________________ of the ____________________________________
(Name) (City, Town, etc.)
in the ____________________________________
(Regional Municipality, City, etc.)
do solemnly declare that:
[modify to appropriate professional type, where no engineering services are being provided under
agreement]
1. I am a senior professional engineer employed by ______________________________________
(Consultant’s full legal name)
(the “Consultant”). I have personal knowledge of the facts herein set forth and, as a duly authorized
representative of the Consultant, have the authority to certify as follows.
2. Attached hereto and marked as Exhibit A to this my declaration are true copies of statements of the
Consultant as part of the Invoice addressed to the City of Toronto setting forth in detail the services
performed and the disbursements incurred by the Consultant during the period from the ____ day of
_________________, 201___ to the ____ day of _________________, 201___, and for which
payment is requested. I do hereby certify that such services were performed and such disbursements
were properly incurred by the Consultant pursuant to and in accordance with the provisions of the
Agreement.
3. The Consultant has completed all Services (as defined in the Agreement) to be performed by the
Consultant.
AND I make this solemn declaration conscientiously believing it to be true and knowing that it is of the
same force and effect as if made under oath and by virtue of the Canada Evidence Act.
110 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 25 of 28
DECLARED before me at the )
)
_________________ of _____________________, )
)
in the Province of Ontario, )
)
this day of _________________, 201___. )
________________________________
)
)
)
_______________________________ )
A Commissioner, etc.
111 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 26 of 28
SCHEDULE "F"
CONSULTANT’S CLARIFICATION LETTER(S)
[REMOVE Schedule “F” where there are no clarifications]
112 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 27 of 28
SCHEDULE "G"
SPECIMEN INSURANCE CERTIFICATE
To be completed only by the Insurer or its representative
City of Toronto Contact Name:
Address:
1. Name of Insured 2. Address and Telephone # of Insured
3. Operations of Named Insured for which certificate is issued:
(NOTE: Provide specific project information including the Toronto contract number)
4. Commercial General Liability
Please state amount of deductible or self retained portion of coverage:
Insuring Company Policy
Number
Policy Limit(s)
(per occurrence) Effective Date Expiry Date
Primary Insurer:
Umbrella/Excess
Insurer:
5. Policy Provisions/Amendments/Endorsements
A. Commercial General Liability is extended to include Cross-Liability and Severability of Interest,
Broad Form Contractual Liability, Owner’s and Contractor’s Protective Liability, Contingent
Employers Liability, Employer’s Liability, Non-Owned Automobile Liability,
Products/Completed Operations, Personal Injury Liability and, if applicable to the insured
operations as detailed in Item 3, coverage for Blasting, Pile Driving and Collapse.
B. The CITY OF TORONTO, ITS BOARDS, AGENCIES, COMMISSIONS OR SUBSIDIARY
OPERATIONS, AS APPLICABLE, are included as Additional Insureds but only with respect to
liability arising out of the operation of the Insured for which a Contract is issued by the City of
Toronto.
C. The Commercial General Liability Policy(ies) identified above shall protect each insured in the same
manner and to the same extent as though a separate policy has been issued to each, but nothing shall
operate to increase the Limits of Liability as identified above beyond the amount or amounts for
which the Company would be liable if there had been only one Insured.
D. The Commercial General Liability Policy(ies) identified above shall apply as primary insurance and
not excess to any other insurance available to the Additional Insureds as set out in Item 5B.
113 of 128
Viewing
Cop
y
Program Management and Project Services
for Accessibility Upgrades in Toronto RFP No. 9119-19-0162
Appendix C - Draft Legal Agreement - AODA Program.docx Page 28 of 28
E. If cancelled or materially changed to reduce the coverage outlined on this Certificate during the
period of coverage as stated herein, thirty (30) days, (fifteen (15) days if cancellation is due to non-
payment of premium), prior written notice by registered mail will be given by the Insurer(s) to the
CITY OF TORONTO at the address provided on this Certificate.
6. Automobile Liability (if applicable): Please note Sections 5A to 5D do not apply to
this policy.
Insuring
Company Policy Number Policy Limit(s) Effective Date Expiry Date
CERTIFICATION
I certify that the insurance is in effect as stated in this Certificate and that I have authorization to issue
this Certificate for and on behalf of the Insurer(s). This Certificate is valid until the expiration date(s)
shown in Item 4 (and Item 6 if applicable) unless notice is given in writing in accordance with Item 5E.
Date Broker’s or Insurer’s Name and
Address
Signature and Stamp of Certifying
Official
114 of 128
Viewing
Cop
y
APPENDIX D – NON-DISCLOSURE DECLARATION (NDD)
1) Proponents must complete the following NDD as part of the proposal submission process, as outlined
within the RFP, to request and receive access to Confidential Information, as described in Appendix
E.
2) Accessibility Audit Reports and DSS Audit reports may only be released by the City to viable parties
following their signing and delivering in person, the original NDD to the City Contact to the address
specified on page 1 of the RFP.
3) The City reserves the right to only issue access to Confidential Information to viable parties that have
a reasonable business interest in the AODA Program. The City reserves the right to require interested
parties to demonstrate their viability by providing a description of their business strategy, operations,
partners, project experience, or any other such information as deemed necessary by the City. The
City reserves the sole and absolute discretion to determine the viability of a party.
115 of 128
Viewing
Cop
y
NON-DISCLOSURE DECLARATION (NDD)
THIS DECLARATION is given to the City of Toronto (the “City”) as of the ______ day of _________,
2019 by _______________________________________________ (NAME OF COMPANY/PERSON),
(hereinafter called the “Recipient”), as an entity receiving confidential information in respect to the City's
Request for Proposal No. 9119-19-0162 – Design, Program Management, and Contract Administration
Services for Accessibility Upgrades (the “RFP”);
WHEREAS as part of the RFP process, interested parties may request Accessibility Audit Reports and
Designated Substance Surveys (DSS) Reports, each containing confidential information relating to the RFP
and may request a Commercial in Confidence Meeting with the City to discuss confidential information
relating to the RFP; and
WHEREAS the Recipient acknowledges that it must execute this Non-Disclosure Declaration and abide
by its requirements in order to obtain the confidential information intended to assist in the preparation of a
response to the RFP;
NOW, THEREFORE, in consideration of receiving the confidential information, the Recipient agrees and
declares as follows:
1. The Recipient agrees that all of the information contained in the Accessibility Audit Reports and DSS
Reports and all information discussed or provided by the City during the Commercial in Confidence
Meeting shall be considered confidential information (the "Information").
2. The Recipient agrees:
a. to maintain the Information as confidential;
b. not to disclose the Information or any part thereof to any third party except as set out below;
c. not to use the Information for any purpose other than preparing a response to the RFP;
d. that title to the Information is and at all times shall be held by the City and shall not, under any
circumstances, pass from the City to the Recipient;
e. to immediately return the Information and any copies thereof to the City upon request by the
City, and to destroy all electronic versions of the Information in its possession and to certify to
the City that this has been done.
3. The Recipient may disclose the Information on a strictly need-to-know basis to its personnel or
representatives solely for the purpose of assisting in the preparation of a response to the RFP.
4. The Recipient assumes full responsibility and liability for ensuring that all of its personnel and
representatives are made aware of and comply with the obligations set out in this Declaration.
5. The above obligations shall not apply to any Information which is or which becomes generally known
to the public by means other than a breach of this Declaration by the Recipient, or which is
independently developed by the Recipient without use of, or access to, the Information.
6. In the event that any disclosure of the Information is required at law, the Recipient will immediately
notify the City of such requirement prior to the disclosure or release of any of the Information.
116 of 128
Viewing
Cop
y
The Recipient executes this Declaration through the signature of its duly authorized signatory.
ON BEHALF OF _________________________________________
(Name of Corporation)
Signature: ______________________________________
Name: ______________________________________
Title: ______________________________________
I have the authority to bind the corporation.
Signed in the presence of:
WITNESS (not required if corporate seal is affixed)
Signature: ______________________________________
Name: ______________________________________
117 of 128
Viewing
Cop
y
APPENDIX E – ACCESSIBILTY AUDIT AND DSS REPORTS ACCESS INSTRUCTIONS
Accessibility Audit Reports and DSS Reports are stored on a secured ftp website. Access to the ftp
website will be provided to those Proponents who will meet the requirements of the Part 1 of this RFP,
per sole discretion of the City, as per Section 0.
118 of 128
Viewing
Cop
y
APPENDIX F – ACCESSIBILITY AUDITS MASTER DATA SHEET
See Excel file titled "Appendix F- 2019 April 3 AODA Master Data Sheet- Final", containing information
about accessibility audits from 2016 – 2018.
119 of 128
Viewing
Cop
y
APPENDIX G – STANDARD SUBMISSION FORMS
FORM 1: Proposal Submission Form – Mandatory
FORM 2: Notice of No Submission – If Applicable
FORM 3: Intent to Bid
120 of 128
Viewing
Cop
y
FORM 1
PROPOSAL SUBMISSION FORM
REQUEST FOR PROPOSAL NO. 9119-19-0162
Design, Program Management, and Contract Administration Services for
Accessibility Upgrades (358 Buildings, various location)
CLOSING: 12:00 NOON (LOCAL TORONTO TIME) May 15, 2019
1. PROPONENT INFORMATION
Please complete following form, and name one (1) authorized person to be the contact for the
procurement process and for any clarifications or amendments that might be necessary.
Full Legal Name of Proponent:
Any Other Trade Name under
Which the Proponent Carries
on Business:
Street Address:
City, Province/State:
Postal Code:
Phone Number:
Fax Number:
Company Website (If Any):
Contact Person and Title:
Contact Phone:
Contact Facsimile:
Contact E-mail:
2. REQUEST FOR PROPOSAL TERMS, CONDITIONS AND SPECIFICATIONS
By signing this form the Proponent agrees that if selected to provide the goods and/or services described
in this Request for Proposal document, they will provide those goods and/or services in accordance with
the terms, conditions, and specifications contained in the Request for Proposal document and in
accordance with the Proponent's Proposal submission.
121 of 128
Viewing
Cop
y
3. POLICIES
The Proponent has read, understood and agrees to comply with the policies, practices and
statements found on the City’s website at the following link:
https://web.toronto.ca/business-economy/doing-business-with-the-city/understand-the-procurement-
process/purchasing-policies-legislation/
Without limiting the Proponent's acknowledgement of the City's general procurement policies, by signing
this form, the Proponent acknowledges and certifies that the Proponent, and any of its proposed
subcontractors, will provide the goods and/or services in compliance with the following specific policies:
3. 1 DECLARATION OF COMPLIANCE WITH THE CITY'S SUPPLIER CODE OF
CONDUCT
By signing this form, the Proponent acknowledges that it has read and understands its obligations under
the Toronto Supplier Code of Conduct and further certifies that the Proponent, and any of its proposed
subcontractors, will provide the services in compliance with the Toronto's Supplier Code of Conduct.
Refer to the Supplier Code of Conduct in Article 13 of Chapter 195, Purchasing, of the Toronto
Municipal Code.
3.1.1 PROHIBITION AGAINST COLLUSION AND UNETHICAL BIDDING
If the box below is left blank, the Proponent will be deemed to declare that it had no affiliation or other
relationships with other Proponents that might be seen to compromise the principle of fair competition,
including any proposed subcontracting relationships.
If the Proponent declares an affiliation or other relationship with other Proponents that might be seen to
compromise the principle of fair competition, the Proponent must set out the details below:
Refer to the Supplier Code of Conduct in Section 3.1 of Form 1 of this RFP.
3.1.2 PROHIBITION AGAINST ILLEGALITY
If the box below is left blank, the Proponent will be deemed to declare that is has no previous convictions
of itself or affiliated persons for collusion, bid-rigging, price-fixing, bribery, fraud, or other similar
behaviors or practices prohibited under the Criminal Code, the Competition Act, or other applicable law,
for which the Proponent has not received a pardon.
122 of 128
Viewing
Cop
y
If the Proponent declares that it has previous convictions of itself or affiliated persons, the Proponent
must set out the details below:
Refer to the Supplier Code of Conduct in Section 3.1 of Form 1 of this RFP.
3.1.3 CONFLICTS OF INTEREST OR UNFAIR ADVANTAGE
For the purposes of this section, the term “Conflict of Interest” means
(a) in relation to the procurement process, the Proponent has, or is seen to have, an unfair advantage
or engages in conduct, directly or indirectly, that may give it an unfair advantage, including but
not limited to (i) having, or having access to, confidential information of the City in the
preparation of its Proposal that is not available to other Proponents, (ii) communicating with any
person with a view to influencing preferred treatment in the procurement process (including but
not limited to the lobbying of decision makers involved in the procurement process), or (iii)
engaging in conduct that compromises, or could be seen to compromise, the integrity of the
procurement process; or
(b) in relation to the performance of its contractual obligations contemplated in the contract that is
the subject of this procurement, the Proponent’s other commitments, relationships or financial
interests (i) could, or could be seen to, exercise an improper influence over the objective,
unbiased and impartial exercise of its independent judgment, or (ii) could, or could be seen to,
compromise, impair or be incompatible with the effective performance of its contractual
obligations.
Potential Conflicts of Interest or unfair advantage include, but are not limited to:
(1) Engaging current or former City employees or public office holders to take any part in the preparation
of the Proposal or the performance of the contract if awarded, any time within two (2) years of such
persons having left the employ or public office of the City;
(2) Engaging any family members, friends or private business associates of any public office holder
which may have, or appear to have, any influence on the procurement process or performance of the
contract, if awarded;
(3) Prior involvement by the supplier or affiliated persons in developing the technical specifications or
other evaluation criteria for the solicitation;
(4) Prior access to confidential City information by the supplier, or affiliated persons, that is materially
related to the solicitation and that was not readily accessible to other prospective Proponents; or
(5) The Proponent or its affiliated persons are indebted to or engaged in ongoing or proposed litigation
with the City in relation to a previous contract.
If the box below is left blank, the Proponent will be deemed to declare that (a) there was no Conflict of
Interest in connection with preparing its Proposal; and (b) there is no foreseeable Conflict of Interest in
performing the contractual obligations contemplated in this RFSQ process.
The Proponent declares that there is an actual or potential Conflict of Interest relating to the preparation
of its Proposal, and/or the Proponent foresees an actual or potential Conflict of Interest in performing the
contractual obligations contemplated in the procurement.
123 of 128
Viewing
Cop
y
If the Proponent declares an actual or potential Conflict of Interest, the Proponent must set out the details
below:
The following individuals, as employees, advisers, or in any other capacity (a) participated in the
preparation of our Proposal; AND (b) were employees of the City and have ceased that employment
within twenty four (24) months prior to the Submission Deadline:
Name of Individual:
Job Classification:
Department:
Last Date of Employment with the City:
Name of Last Supervisor:
Brief Description of Individual’s Job Functions:
Brief Description of Nature of Individual’s Participation in the Preparation of the Proposal:
(Repeat above for each identified individual. Proponents may include this information on a
separate sheet if more space is required)
The Proponent agrees that, upon request, the Proponent shall provide the City with additional information
from each individual identified above in a form prescribed by the City.
3.2 RIGHT TO REJECT DEBTORS AND SET OFF POLICY
For a copy of the City of Toronto Policy, visit the website:
RIGHT TO REJECT DEBTORS AND SET OFF POLICY
3.3 ENVIRONMENTALLY RESPONSIBLE PROCUREMENT STATEMENT
For a copy of the City of Toronto Environmentally Responsible Procurement Policy, visit the website:
ENVIRONMENTALLY RESPONSIBLE PROCUREMENT STATEMENT
State if environmentally preferred products/service is being offered: YES______ NO______
State briefly the environmental benefit of the product/service offered:
__________________________________________________________________________
__________________________________________________________________________
3.4 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
124 of 128
Viewing
Cop
y
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.
3.6 ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE TRAINING
REQUIREMENTS POLICY
For a copy of the City of Toronto Policy, visit the website:
https://www.toronto.ca/business-economy/doing-business-with-the-city/understand-the-procurement-
process/purchasing-policies-legislation/accessible-customer-service-training-requirements/
125 of 128
Viewing
Cop
y
4. DISCLOSURE OF INFORMATION
The proponent hereby agrees that any information provided in this Proposal, even if it is identified as
being supplied in confidence, may be disclosed where required by law or if required by order of a court or
tribunal. The Proponent hereby consents to the disclosure, on a confidential basis, of this Proposal by the
City to the City’s advisers retained for the purpose of evaluating or participating in the evaluation of this
Proposal.
The Proponent shall provide the City with ongoing disclosure, should the Proponent be awarded a
contract and any of the information provided above change.
5. ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA BY NUMBER AND ISSUE DATE
I/WE ACKNOWLEDGE THE RECEIPT OF ALL ADDENDA ISSUED:
ADDENDUM No(s). TO DATED TO
SIGNATURE OF AUTHORIZED SIGNING OFFICER
_______________________________________________________________________________________
PRINTED NAME OF SIGNING OFFICER
I have authority to bind the Proponent and attest
to the accuracy of the information provided in
this Proposal.
THIS FORM (6 PAGES) MUST BE COMPLETED, SIGNED AND SUBMITTED WITH YOUR
PROPOSAL OR YOUR PROPOSAL WILL BE DECLARED NON-COMPLIANT.
126 of 128
Viewing
Cop
y
IMPORTANT - PLEASE READ THIS
It is important to the City of Toronto to receive a reply from all invited Proponents. There is no obligation to submit a
Proposal; however, should you choose not to submit, completion of this form will assist the City in determining the type
of services you are interested in submitting a Proposal in the future.
INSTRUCTIONS:
If you are unable, or do not wish to submit a Proposal on this Request for Proposals, please complete the following
portions of this form. State your reason for not submitting a Proposal by checking applicable box(es) or by explaining
briefly in the space provided. It is not necessary to return any other Request for Proposals documents.
1. We do not offer this service.
Other reasons or additional comments.
2. We do not offer services to these requirements.
3. Unable to offer services competitively.
4. Cannot handle due to present commitments.
5. Quantity/project too large.
6. Cannot meet delivery/completion requirements.
7. Licensing restrictions.
Do you wish to participate in Request for Proposals for services in the future? YES ____ NO ____
For City’s use only - Do not write in this space.
Company Name:
Address:
Signature of Company Representative:
Position: Date:
Tel. No.: Fax No.:
Send by email: [email protected]
FORM 2 NOTICE OF “NO SUBMISSION”
RFP # : 9119-19-0162 LD
CLOSING
DATE:
May 15, 2019
127 of 128
Viewing
Cop
y
FORM 3
INTENT TO BID
To: Organization Name: City of Toronto
Contact Name: Elena Caruso, Manager Purchasing Goods and Services
Email: [email protected]
(Please print or type)
From: Company Name:
Contact Name:
Address:
Telephone:
Fax:
Email:
Please indicate your intent to respond to this RFP by checking one of the boxes below and
returning the document to the City of Toronto contact noted above.
We intend to respond.
We do not intend to respond.
The cost of preparation for the RFP, or related changes, and all other costs incurred by the Supplier is the
sole responsibility of the Supplier. In no event shall the City of Toronto will be responsible
for reimbursement of these direct or any related costs.
Signature of Authorized Supplier Representative
128 of 128
Viewing
Cop
y
