August 30, 1999
To:Works Committee
From:Barry H. Gutteridge
Commissioner, Works and Emergency Services
W.A. Liczyk
Chief Financial Officer and Treasurer
Subject:Toronto Integrated Solid Waste Resource Management Process
Retention of MacViro Consultants Inc. and Tory Tory DesLauriers & Binnington
for RFP for Proven Solid Waste Resource Diversion Services
Purpose:
The purpose of this report is to recommend the retention of a consulting firm and external legal counsel to assist staff in the
Toronto Integrated Solid Waste Resource Management ("TIRM") Process proposal call for proven solid waste resource
diversion services. This report also carries a recommendation regarding the engagement of Category 3, New and Emerging
Technologies, through a secondary planning process external to the TIRM Process.
Funding Sources, Financial Implications and Impact Statement:
The identified cost of the undertaking is $520,000.00 ($499,200.00 net after GST rebate). The estimated expenditure in
1999 is $152,000.00, which can be accommodated within the current approved program under C-SW168 Waste
Management Planning. These funds will not be expended as initially intended due to a re-adjustment of the project
schedule into 2000. The balance of the funds ($368,000.00) will be needed, however, in 2000 for the TIRM RFP for
Disposal Services planning process. Cash flows for this project will be incorporated in our preliminary 2000 Capital Works
submission. As this undertaking is not in the current approved capital program, approval of additional funding for this
undertaking is requested
Recommendations:
It is recommended that:
(1) additional funding of $520,000.00 ($499,200.00 net after GST rebate) under Solid Waste Management Capital Account
C-SW168 Waste Management Planning be approved for the purposes of engaging a planning consultant and an external
legal counsel to assist staff in the proposal call process for Proven Diversion Services; and
(2) subject to the approval of Recommendation No. (1), it is recommended that:
(i)the firm of MacViro Consultants Inc. as the overall highest scoring proposal be retained at a cost not to exceed
$267,000.00 including GST, in order to assist staff in the proposal call process, including the preparation and issuance of
an RFP for Proven Diversion Services, analysis of responses, due diligence, contract preparation and negotiation support;
(ii)the legal firm of Tory Tory DesLauriers & Binnington be retained to provide external legal expertise, at a cost not to
exceed $203,000.00, including GST, in order to assist staff in the proposal call process, including the preparation and
issuance of an RFP for Diversion Services, analysis of responses, due diligence, contract preparation and negotiation
support; and
(iii)an expenditure in the amount of $50,000.00, including GST, be authorized for site visits, disbursements,
advertising, communications, technical studies and public consultation activities.
Council Reference/Background/History:
On October 2, 1998, City Council provided direction to the Commissioner of Works and Emergency Services to engage the
marketplace to secure solid waste management options including waste diversion and disposal capacity to meet the City's
long-term requirements through a Request for Expressions of Interest ("REOI") and a Request for Proposals process.
(Clause No. 2 of Report No. 8 of the Works and Utilities Committee).
At that time a planning processing and corresponding budget were designed to provide for the City's solid waste disposal
needs only. Funds were not approved to proceed with a proposal call process for Diversion Services. Subsequently, funds
were approved by Council at its meeting of November 25, 26, and 27, 1998, to facilitate an amendment to the workplan of
Proctor & Redfern Ltd., to modify the Request for Expressions of Interest to include requests for diversion
approaches/technologies as well as new and emerging technologies and to undertake an assessment of Request for
Expressions of Interest responses on diversion and new and emerging technologies.
Funding approval was not sought at that time to engage Proctor & Redfern Ltd. to proceed to prepare a Request for
Proposals for Diversion Services. This had not been part of the initial Terms of Reference for the consulting contract and a
re-engagement of consulting firms in a competitive process was the determined course of action for the RFP process for
Diversion Services.
On April 26, 1999, the TIRM REOI was issued as per the Council approved schedule. The TIRM REOI closed on May 31,
1999. A subsequent report dated July 5, 1999 from the Commissioner of Works and Emergency Services, provided
members of the Works Committee and Toronto City Council with the results of the TIRM REOI.
At its meeting of April 13, 14, and 15, 1999, Council authorized the Commissioner of Works to prepare a planning process
regarding the establishment of a RFP for "proven diversion" and "new and emerging technologies", to be submitted for
approval and subsequent issuance following the reporting out of the results of the TIRM REOI for "proven diversion",
"proven disposal capacity" and "new and emerging technologies".
Following the reporting out of the results of the TIRM REOI process through the Commissioner's report dated July 5,
1999, planning began for the engagement of a consultant to assist staff in the preparation of a proposal call process for
diversion services, including the preparation and issuance of a RFP, analysis of responses, due diligence, and contract
preparation.
Thirteen (13) firms from a supplier's list were invited to respond to a proposal call issued by the Purchasing and Materials
Management Division of the Finance Department. The proposal call was also advertised. Of the two submissions received,
one (MacViro's) was a consortium consisting of three of the originally invited firms. The submission consisted of the
technical components and a separate sealed cost proposal.
Both proposals were reviewed by a staff Consultant Selection Committee based on a pre-selection process of evaluating the
proposals against specified technical criteria.
Comments and/or Discussion and/or Justification:
The consortium led by MacViro is an experienced group of knowledgeable consultants who understand the challenges of
instituting the necessary infrastructure to achieve Council's policy goal of 50 percent diversion by 2006 or sooner.
MacViro was the consultant on the RFP for the Mixed Waste Recycling and Organics Processing Facility, approved last
year.
MacViro's submission includes the engagement of Earth Tech (Canada) Inc. (formerly Proctor & Redfern Ltd.) and
Enviros-RIS Ltd. as sub-consultants. Earth Tech (Canada) Inc., is the principle consultant for the TIRM Process for the
engagement of disposal services, and Enviros-RIS Ltd., was the firm that prepared the "Preliminary Metro 3Rs Strategy-
Draft Report, dated November 26, 1996.
In order to proceed with the aggressive schedule for the RFP for Diversion Services, MacViro has recommended that the
stakeholder consultation regarding the establishment of evaluation criteria and planning methodology begin in September
1999, rather than October 1999, as previously cited in project schedules. We believe this is a friendly amendment to
Council's approved project schedule and as such is designed to better facilitate Council's objectives. Accordingly, we are
proceeding with this recommendation from MacViro.
The total budget for the consortium led by MacViro is $267,000.00, including GST.
On the advice of the City Solicitor, we are recommending retaining the legal firm of Tory Tory DesLauriers & Binnington
("Tory"), to assist staff in the proposal call process, including the preparation of the RFP, analysis of responses, due
diligence, and contract preparation and negotiation. Tory was the firm providing external legal expertise in the process
leading to the current disposal contract with Browning-Ferris Industries. The estimated budget for Tory is $203,000.00,
including GST.
We have also identified an internal project budget to accommodate site visits, disbursements, advertising, technical studies,
communications, and public consultation activities. The estimated budget for these activities is $50,000.000, including
GST.
The total project budget for (i) the consortium led by MacViro, (ii) Tory, and (iii) the internal project budget, is
$520,000.00 ($499,200.00 net after GST rebate).
The expenditure for this project is not in the current approved capital budget as the approved program was designed to
provide for the City's solid waste disposal need only. Hence, approval of additional funding of $520,000.00 ($499,200.00
net after GST rebate) is requested to proceed with the project. The expenditure of $152,000.00 in 1999 can be
accommodated within the current approved program under C-SW168 Waste Management Planning. These funds will not
be expended as initially intended due to a re-adjustment of the project schedule into 2000. The balance of the funds
($368,000.00) will be needed, however, in 2000 for the TIRM RFP for Disposal Services planning process. Cash flows for
this project will be incorporated in our preliminary 2000 capital works submission.
As discussed in the "Council Reference/Background/History" section of this report, we are requesting this funding in order
to meet Council's policy decision to pursue the engagement of the marketplace for Proven Diversion Services to meet its
stated objective of 50 percent diversion by 2006 or sooner. This policy was established by Council on October 2, 1998,
when direction was provided to the Commissioner of Works and Emergency Services to engage the marketplace to secure
solid waste management options including waste diversion and disposal capacity to meet the City's long-term requirements
through a Request for Expressions of Interest and Request for Proposals. (Clause No. 2 of Report no. 8 of the Works and
Utilities Committee).
Council reiterated this policy at its meeting of July 27, 28, and 29, 1999, through its adoption of a recommendation to
amend the TIRM Process schedule in order to facilitate a closer linkage between decision-making on engagement of
diversion and disposal services. Earlier, at its meeting of April 12, 13, and 14, 1999, Council authorized the Commissioner
of Works and Emergency Services to prepare a planning process regarding the establishment of a Request for Proposals for
"proven diversion" and "new and emerging technologies", to be submitted following the reporting out of the results of the
Request for Expressions of Interest for "proven diversion", "disposal capacity", and "new and emerging technologies". This
process was concluded at the Council meeting of July 27, 28, and 29, 1999.
Approval of funding in the amount of $520,000.00 ($499,200.00 net after GST rebate) is required at this time in order to
comply with Council's stated direction and approved schedule.
Conclusion:
In order to proceed with the Council direction to engage the marketplace to provide diversion options, in addition to
disposal options for long-term solid waste resource management, we are recommending the retention of MacViro as the
highest scoring proponent and Tory as external legal counsel, to assist staff in the Request for Proposals for Diversion
Services planning process.
Contact Names:
Lawson Oates, B.A., M.E.S.
Policy and Planning
Solid Waste Management Services
Works and Emergency Services
Metro Hall, 19th Floor
Phone: (416) 392-9744
Fax: (416) 392-4754
E-mail: lawson_oates@toronto.ca
Angelos BacopoulosL. A. Pagano
General ManagerDirector
Solid Waste Management ServicesPurchasing and Materials Management
Telephone: (416) 392-7312
Barry H. GutteridgeW.A. Liczyk
Commissioner, Works and Emergency ServicesChief Financial Officer and Treasurer
LJO/ljo:md/mac1.doc
