1
REQUEST FOR PROPOSAL 2010-27
FOR
THE PROVISION OF PROFESSIONAL CONSULTING SERVICES
FOR ELEVATOR MAINTENANCE
AT
CARLETON UNIVERSITY
DEPARTMENT OF FACILITIES PLANNING & MAINTENANCE
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SECTION A
INSTRUCTIONS TO PROPONENTS
1.
Terms of Reference:
1.1
Carleton University, Department of Facilities Planning & Maintenance, is
presently seeking Proposals for the Provision of Professional Consulting
Services for Elevator Maintenance.
1.2
The purpose of the Request for Proposal is to select proponent(s) with the ability
to provide the full scope of services required, at the most advantageous cost to
the University.
1.3
Proponents are to familiarize themselves with the requirements of these
instructions, terms and conditions, and specifications, which will all form part of
the Contract between the successful Proponent(s) and the University. No
consideration will be given to any Proponent for failure to comply with these
requirements.
1.4
Carleton University does not make any representation or warranty as to accuracy
or completeness of the information contained herein. Nothing contained in this
document or subsequent addenda should be relied upon as a promise or
representation as to future circumstances or arrangements with respect to
Professional Consulting Services for Elevator Maintenance at Carleton
University. Proponents should conduct their own investigation and analysis of the
proposed operations.
2.
Schedule of Events
All times stated are Eastern Standard Time
RFP available on Merx_______
Proponents Conference_______
Enquiry period closes________
Closing Date_________
Evaluation___________
Contract Award_______
2.
Background Information:
2.1
Founded in 1942 and located in Ottawa, Ontario, Canada’s Capital, Carleton
University is situated on 62 hectares just sound of the city centre. The Rideau
River and the historic Rideau Canal border the University and pleasant
residential neighborhoods.
Five Kilometers of underground tunnels conveniently link the University’s 42
buildings.
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Undergraduate and graduate degree Programs in the Faculty of Arts and Social
Sciences, Faculty of Public Affairs and Management, Faculty of Engineering,
Faculty of Science, and Faculty of Graduate Studies and through many
professional schools and institutes.
To obtain general information relating to Carleton University, you may wish to
visit the University’s website at: http://www.carleton.ca/.
3.
Period of Contract:
3.1
The contract, issued as a result of this Request for Proposal, shall be for a period
of three years from date of award, with the option to extend for two additional one
year periods, subject to satisfactory performance throughout the initial contract
period and provided all terms, conditions and prices are acceptable to the
University.
3.2
The proponent may be subject to an annual performance review for the duration
of the contract.
4.
Submission of Proposal:
4.1
Carleton University will only accept Electronic Bid Submissions through the
MERX Private Tenders Service which must be posted to this service before
3:30pm (local time) December 17, 2010.
4.2
It is the responsibility of proponents to ensure that their proposal is received on
the MERX site prior to the closing date and time as stated in 4.1. Late proposals
shall not be accepted.
4.3
All proposals shall be fully completed as required, and signed by the appropriate
responsible officer of the proponents' company. Proponents are required to
complete the attached Appendix D, Acknowledgement
Failure to comply with this requirement may result in the disqualification of
your proposal.
4.4
The University shall not accept Request for Proposals submitted by facsimile
and/or electronic data transmission.
4.5
Inquiries regarding this Request for Proposal should be directed in writing
only to Kim Holtz, Contract Administrator, Purchasing Services, (facsimile
# 613-520-3966, e-mail: kim_holtz@carleton.ca ), before 4:30 p.m. (EST),
.
Written responses to all inquiries will be issued via Merx as an addendum.
Inquiries will not be identified as to the proponent, but both the inquiry and
response will be issued to all proponents.
No inquiries shall be entertained or answered if received after 4:30 p.m. on
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4.6
The University shall not be liable for any costs and/or expenses incurred by
any proponent in the preparation or evaluation of this Request for
Proposal.
4.7
All proposals shall remain in force and irrevocable for a period of not less than
one hundred and twenty (120) calendar days from the proposal closing date.
4.8
Proponents should note that all bid documents can only be obtained and
registered through the Merx Electronic Tendering Service at telephone
numbers 1-800-964-6379, 613–727-4987 or via the internet at www.merx.com
.
If a proponent obtains this document by means other than MERX, the
accuracy of the document and receipt of any addenda are the sole
responsibility of the proponent.
5.
Rights of the University:
5.1
Proponents are required to complete the attached Appendix A, Price
Schedule. This Price Schedule will allow the University a basis for comparison
and must be submitted with your proposal.
5.2
The prices quoted on the attached Appendix A, shall remain firm for the period of
July 26, 2010 to October 31, 2013.
5.3
Proponents should NOTE that ALL prices submitted shall remain firm for the
first twelve (12) month period.
5.4
With the introduction of the Harmonized Sales Tax on July 1, 2010, the prices
will be HST extra.
5.5
The University shall not be bound to accept the lowest or any other Proposal.
5.6
This proposal may be awarded in whole or in part and may be divided between
two or more proponents.
5.7
The University shall not be bound to accept the whole or any part of any
Proposal, and in particular, if only one Proposal is received, the University
reserves the right to reject it.
5.8
Carleton University reserves the right to contact individual proponents in order to
obtain further clarification of their submission. The University is in no way
obligated to contact any or all of the proponents for this purpose.
5.9
Carleton University reserves the right to negotiate minor changes or variations of
the Proposal of the successful proponent(s), without recalling the Request for
Proposal.
5.10
As a result of the award of this proposal, the successful proponent(s) shall be
required to enter into and sign a formal agreement with Carleton University
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5.11
The successful proponent(s) shall not assign this contract to a third party without
previously obtaining permission, in writing, from the Vice President (Finance and
Administration), Carleton University.
5.12
The attached Carleton University General Terms and Conditions, Appendix B,
forms an integral part of this Request for Proposal.
5.13
Proponents acknowledge that Carleton University is subject to Ontario’s
Freedom of Information and Protection of Privacy Act (FIPPA). In general terms,
responses will be received and held in confidence by Carleton, subject to the
provisions of FIPPA and this RFP.
Proponents shall review s.17 of FIPPA and determine the information which the
proponent believes is exempted from disclosure under FIPPA. All information
regarding the terms, conditions, trade secrets, commercial, financial, technical,
labour relations and scientific aspects of the proposal, which in the proponent’s
opinion, are of a proprietary or confidential nature, should be clearly marked
“Confidential” at each relevant item or page. All information marked “Confidential”
will be held in strict confidence and shall not be intentionally released to any
other party without the proponent’s consent or as may be required by any
applicable law or trade agreement.
Carleton University shall use all reasonable efforts to hold all information marked
"Confidential" by the proponent in strict confidence where required or permitted
by law but shall not be liable for any action as contemplated by s. 62(2) of FIPPA.
If Carleton’s response to a request under FIPPA is appealed to the
Information and Privacy Commissioner for Ontario, the proponent shall
have the burden of proof per s. 53 of FIPPA. The proponent shall be
responsible for all costs related to its confidentiality requirements.
Information pertaining to the University obtained by the proponent as a
result of participation in this RFP is confidential and must not be disclosed
without written authorization from the University.
Carleton shall declare and mark certain information about the University
to be received by the proponent as "Confidential” The proponent must not
disclose such "Confidential" information to any third parties unless
authorized to do so in advance and in writing by the University.
The proponent and the University agree that the reciprocal obligations of
confidentiality will survive the termination of any contract that might arise
between the parties.
All proponents are advised that Carleton University is subject to inter-provincial
trade agreements, which may result in disclosure of information.
6.
Invoicing:
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6.1
Invoices shall be forwarded, as required, to Mr. Andre Castonguay, Department
of Facilities Management & Planning, Maintenance Building, 1125 Colonel By
Drive, Carleton University, K1S 5B6.
6.2
Proponents are required to submit a copy of their invoicing format. All invoicing
shall be to Carleton University’s requirements.
7.
Terms of Payment:
7.1
Carleton University has the capability and necessary procedures to process
payment of invoices fifteen (15) working days from receipt of same.
7.2
Please specify below, the Cash Discount and the payment terms offered e.g.
3% - 15 working days
2% - 15 working days
Or other
Cash discount/Payment terms
/Net 30 Days
Invoices payable in less than fifteen (15) days shall not be considered acceptable
payment terms.
8.
Qualifications/References:
8.1
Proponents shall demonstrate to the satisfaction of the University, if
requested, sufficient financial capacity to perform according to the
requirements and terms and conditions of this Request for Proposal.
8.2
Proponents are required to submit a list of three (3) institutional, University or
College contracts currently or previously serviced in the past five (5) years,
preferably within Ontario, that encompassed or encompasses all the required
services as stipulated in this Request for Proposal. The list must include
contact names, telephone numbers and E mail addresses. Proponents are
required to complete Appendix E, Reference Consent Form.
8.3
Proponents should also submit a list of at least three (3) similar contracts, which
were cancelled, not renewed, or where the proponent withdrew during the past
five (5) years. The list must include contact names, telephone numbers.
9.
Proposal Evaluation:
9.1
Proposals shall be evaluated by representatives from Department of Facilities
Planning & Maintenance and Purchasing Services. These representatives shall
make a recommendation on any award of contract based on this Request for
Proposal. The University will award a contract based on the Proponents proposal
which in its sole opinion is the most advantageous to the University.
9.2
Proposals shall be evaluated based on the following criteria;
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
Proponent must show the capacity and experience to provide Carleton
University with the required service(s). This should be demonstrated
through the proponent’s understanding of the Universities needs and of
the scope of services to be provided in order to complete the work.
All submittals will be evaluated based upon a scoring system:
-
30% weighted based on annual cost for services
-
50% quality of work experience and institutional expertise
-
20% provision of a detailed programme for Professional
Consulting Services for Elevator Maintenance
TOTAL OF 100%
Final evaluation and award will be on the basis of the Proposal most
advantageous to the University. The University reserves the right to request any
additional information that it deems necessary to evaluate this Request for
Proposal.
10.
Submission Information
10.1
Proponents are required to submit detailed information regarding their company’s
qualifications and experience in the provision of Professional Consulting Services
for Elevator Maintenance. Information to be submitted and performance
measurements will be further discussed in Section B, Statement of Work.
10.2
Submittal information shall include, but is not limited to; letters of interest
consisting of other information not presented in the statement of qualifications,
statement of proposed services, proof of knowledge regarding business licenses
requirements and verification of insurance coverage.
10.3
In addition to the above requirements, proponents are to provide information
concerning proponent’s work experience and assigned staff work experience to
demonstrate their capability of fulfilling the necessary services, which are
outlined in Section B of the RFP.
10.4
Information submitted will be measured based on the criteria outlined under
Performance Capacity Measurements in Section B, Statement of Work.
Evaluation will depend on the proponent’s ability to meet all the needs of
Carleton University in an efficient and effective manner. Proponents will be
measured based on their quality and level of experience in all areas of
Professional Consulting Services for Elevator Maintenance to ensure that
Carleton University is provided with the finest and highest level of experience.
10.5
All Proponent’s submitting a proposal must complete and submit the cost
proposal in Appendix A.
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11.
Termination:
11.1
Carleton University may terminate the contract without cause by giving the
successful proponent(s) ninety (90) days written notice to do so. Should the
contract be so terminated without cause, the service to the University shall end
and the successful proponent(s) agrees to waive any claim for damages,
including loss of expected revenues.
11.2
It is the intent of Carleton University to establish a mutually beneficial relationship
with the successful proponent(s). Nevertheless, in the event of default by the
successful proponent(s), the University reserves the right to terminate the
contract without claim. Default shall include, but not be limited to, the failure by
the successful proponent(s) to observe or perform any provision of the
agreement, insolvency of the successful proponent(s), or qualitative and/or
financial non-performance.
In the event of default by the successful proponent(s), the University has the
following rights:

to give the successful proponent(s) written notice of the default, to require
corrective action and to establish the time period in which the default must be
rectified to avoid immediate termination of the contract or;

to terminate the contract immediately if, in the opinion of the University, the
default is serious as to warrant immediate termination.
Upon such
termination the successful proponent(s) shall cease the service and agrees
as such to waive any claim for damages, including loss of expected
revenues.
11.3
If the Proponent after the initial contract period submits a price which is
unacceptable, the University reserves the right to terminate the contract.
12.
Insurance:
12.1
The successful proponent(s) shall provide and maintain during the term of the
contract, Comprehensive General Liability Insurance acceptable to the
University and subject to limits of not less than FIVE MILLION ($5,000,000.00)
DOLLARS inclusive per occurrence for bodily injury, death and damage to
property including loss of use thereof.
12.2
The Comprehensive General Liability insurance shall include coverage for the
following:

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Premises and operations liability
Products or completed operations liability
Contractual liability under Hold Harmless Agreement
Cross liability
Contingent employers liability
Personal injury liability arising out of libel, slander or defamation of character;
invasion of
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privacy; wrongful eviction and wrongful entry
 Occurrence basis
 The property damage coverage shall include "occurrence” basis working
which means an event, or continuous or repeated exposure to conditions,
which unexpectedly cause injury during the policy period.
12.3
Comprehensive General Liability insurance policies shall be in the name of the
successful proponent(s) and shall list the University as an additional insured
thereunder.
12.4
The successful proponent(s) shall, throughout the duration of the contract, at its
own expense, obtain and maintain in force the following insurances for its own
account, from a duly licensed company selling insurance in Ontario and/or
Canada:
(1)
Automobile Liability Insurance in a combined amount of not less than Two
Million (2,000,000.00) Dollars inclusive per occurrence for bodily injury or
death and property damage in respect to motor vehicles, owned, nonowned, or leased by the successful proponent(s), or its agent, which is
required by law to be licensed, including contractual liability for the Hold
Harmless in the contract.
(2)
Fire insurance, extended coverage or special insurance on equipment
and tools owned by, or rented to, or in the care, custody or control of the
successful proponent(s), other than equipment owned and/or rented by
for the University. Any policy or policies must contain the following
provision:" It is understood and agreed that the Insurer under this policy
hereby agrees to waive subrogation rights against the University, its
servants and agents, and any person, corporation or organization in any
manner connected with the University."
12.5
The successful Proponent shall, throughout the duration of the contract, at its
own expense, obtain and maintain in force, Professional Liability Insurance with a
policy limit for each single claim of not less than ONE MILLION ($1,000,000.00)
DOLLARS acceptable to Carleton University endorsed to provide Carleton
University with not less than thirty (30) days written notice in advance of any
cancellation, change or amendment restricting coverage.
12.6
All liability insurance policies shall contain an endorsement to provide all Listed
Insured with prior notice of changes and cancellations. Such endorsement shall
be in the following form:
"It is understood and agreed that the coverage provided by this policy will not be
changed or amended in any way nor cancelled until thirty (30) days after written
notice of such change or cancellation shall have been given to all Listed Insured".
12.7
The insurance shall preclude subrogation claims by the Insurer against anyone
insured thereunder.
12.8
Evidence of insurance satisfactory to the University shall be provided prior to the
commencement of the contract period.
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12.9
Copies of Insurance Policies: The successful proponent(s) only shall forward to
the University, certified copies of Insurance Policies as evidence of the securing
and maintaining in force and payment of premiums on all insurance which are
obligated to be obtained under the provisions of the contract. All certified copies
of Insurance Policies to be provided by the successful proponent(s) must be
satisfactory to the University as to insurance carriers carrying the risks and as to
adequacy of protection and must bear a cancellation clause providing at least
thirty (30) days advance written notice to the University prior to cancellation.
13.
Insurance Coverage:
13.1
Notwithstanding, the minimum insurance coverage that the University
requests the proponents to provide as specified in Paragraph 10
"Insurance", the University also require that proponents provide the
maximum insurance coverage they carry by completing the required
portion of Appendix D.
14.
Hold Harmless:
14.1
The Successful proponent(s) agrees to indemnify and save harmless the
University of and from all liabilities, suits, claims, demands and actions of any
kind or nature to which the University shall or may become liable for or suffer by
reason at any breach, violation, or non-performance by the successful
proponent(s) of any covenant term or provision hereof or by reason or any
occurrence resulting from, occasioned to, or suffered by an act, neglect or default
on its officers, agents, employees, and the covenant of the successful
proponent(s) in regard to such indemnification occurring during the term of this
contract or any renewal shall continue in full force an effect notwithstanding the
expiration of the term or elimination of this contract for any reason whatsoever.
15.
OCCUPATIONAL HEALTH AND SAFETY ACT:
15.1
Proponents shall note that, should the provisions of the Province of Ontario
Legislative Bill 70, titled “An Act Respecting the Occupational Health and
Occupational Safety of Workers” apply to the services to be provided under a
contract resulting from this Proposal, all of the responsibilities and obligations
imposed upon the “owner” under this Act shall be assumed by the Proponent in
their capacity as Agent for the Participants. All costs for services/materials
required to fulfil these obligations shall be assumed to be included in the contract
price quoted.
Should the University become aware of any violations of this Act and
Regulations, a notification shall be made to the appropriate authorities.
Where so warranted, work shall be suspended or indeed terminated without
cost to the University.
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16.
WORKPLACE SAFETY AND INSURANCE:
16.1
Proponents are required to submit with their Proposal, and thereafter as
required, a certificate of clearance issued by the Workplace Safety and Insurance
Board of Ontario.
17.
ACTS, REGULATIONS, BY-LAWS, LICENSES AND GOVERNING LAWS:
17.1
All services performed under the contract resulting from this Request for
Proposal shall be in accordance with all existing Federal, Provincial and
Municipal regulations and by-laws.
17.2
Carleton University shall not be responsible for any additional cost and/or
expense directly related to item 17, paragraph 17.1.
17.3
The successful Proponent(s) shall ensure that all Labour Practices of their
company, as they relate to this agreement, comply with all Provincial, Federal
laws, and University policies, including but not limited to, the Employment
Standards Act, the Ontario Labour Relations Act, and the Ontario Human Rights
Code as applicable.
17.4
The successful Proponent(s) shall comply with all Federal, Provincial, Regional
and City Laws, By-laws and Ordinances.
18.
Debriefing:
18.1
The proponents can request a debriefing session which must be requested in
writing within 60 days of the notification of contract award. This debriefing session
can be conducted by telephone or face to face meeting at the discretion of the
proponent.
19.
Dispute Mechanism:
19.1
In the event that a Proponent wishes to review the decision of the University in
any respect of any material aspect of the RFP process, and subject to having
attended a debriefing, the Proponent shall submit a protest in writing to the
Procurement Manager within 10 days of such a debriefing. Any protest in writing
that is not timely received will not be considered and the Proponent will be
notified in writing.
19.2
A protest in writing shall include the following:
a) a specific identification of the provision and/or procurement procedure that is
alleged to have been breached;
b) a specific description of each act alleged to have breached the procurement
process;
c) a precise statement of the relevant facts;
d) An identification of the issues to be resolved;
e) the Proponent’s arguments and supporting documentation; and
f) the Proponent’s requested remedy.
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19.3
The Procurement Manager will respond, in writing, to the Proponent within 10
Days of receiving the protest. The Manager’s decision, in consultation with the
Assistant Vice-President University Services, shall be considered final and
conclusive
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SECTION B
STATEMENT OF WORK
1.
General Information
1.1
Carleton University requires Professional Consulting Services for Elevator
Maintenance to encompass, but not necessarily limited to, general elevator
consulting services, an annual safety and maintenance inspection for campus
elevators.
1.2
The successful Proponent(s) shall:
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1.3
Comply with all the terms, conditions and scope of services outlined in this
Request for Proposal.
Be fully capable and qualified to provide Professional Consulting Services for
Elevator Maintenanceon elevators represented by a variety of different
manufacturers.
Maintain a Professional Consulting Services Elevator Maintenance programme
that is not only cost effective for the University, but also meets our needs, while
satisfying all Federal, Provincial and local standards, laws, regulations and
ordinances covering the safety and operation requirements of elevators.
The scope of Professional Consulting Services for Elevator Maintenance shall
include, but not be limited to, the following:


General Elevator Consulting Services (see Section B, Part 1, Scope of Elevator
Consulting Services)
A complete and thorough annual Quality of Safety and Maintenance Inspection
on campus elevators (see Section B, Part 2, Scope of Elevator Consulting
Services)
1.4
Proponents are required to submit proposals as stipulated in this Request for
Proposal. However, Proponents may also submit with their proposal, an
alternate proposal, including additional scope of services that, in their opinion,
may be more beneficial and cost effective for the University.
2.
Costs
2.1
Proponents shall provide a detailed cost summary, itemizing the annual cost to
provide the proposed Professional Consulting Services for Elevator Maintenance,
and the annual Quality of Safety and Maintenance Inspection of campus
elevators.
2.2
The HST shall be extra.
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3.
Scope of Elevator Consulting Services
3.1
The successful Proponent(s) shall be required to provide, but is not limited to, the
following minimum General Elevator Consulting Services requirements:
(paragraph 6.2, page 4 and the attached Appendix A also refer)
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Notify the University of any Director’s ruling on special code changes
relating to the safe operation of the elevators.
Review and comment on correspondence submitted by the various
elevator contractors.
Review all trouble reports and documentation to determine if needless
shutdowns and/or annoying operational problems are occurring.
Review all requests for extra costs relative to our Elevator Preventative
Maintenance contract.
Inspect all work performed, outside of our contract, by our Elevator
Preventative Maintenance Contractor, over One Thousand ($1,000.00)
Dollars.
Attend all meetings where required to act on behalf of the University on all
matters relating to elevators.
Review maintenance contract documents and make recommendations
where necessary.
Review and comment on RFP documents for elevator maintenance.
Make recommendations for short term upgrades and minor
improvements.
Make recommendations for long term major upgrading or replacement of
equipment.
Provide consulting on upgrades to elevators that may require nonstandard application.
Design and prepare RFP documents for upgrades or replacement of
equipment.
Provide detailed written reports on both short and long term
recommendations and plans.
Provide detailed written reports, to include, but not be limited to, projected
capital costs to assist in financial planning.
4.
Annual Quality of Safety and Maintenance Inspection of Campus Elevators:
4.1
The successful Proponent(s) shall be required to carry out an annual quality of
safety and maintenance inspection on all elevators at Carleton University, but not
limited to, forty-two (42) elevators, consisting of thirty-eight (38) passenger, four
(4) freight elevators, one (1) dumb waiter and one (1) stairlift (see Appendix A).
NOTE: Elevators highlighted in Appendix A are future installations.
4.2
The minimum requirements necessary to carry out a thorough inspection are as
follows: (also see paragraph 6.2, page 4)


A complete and thorough inspection of each elevator.
Submit a list of the maintenance deficiencies for each elevator to be
corrected by the elevator maintenance contractor(s) and the University.
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Verify that all safety switches, hoistway door locks and car gate switches
are operating as intended.
Comment on the quality of maintenance being carried out by the
maintenance contractor(s).
Provide recommendations to comply with the present B44 Safety Code
for Elevators.
Provide recommendations for the upgrading of the existing elevator
equipment.
Review maintenance contractor’s log book.
Submit a report on each elevator addressing the above mentioned items.
Inspection (annual and on demand), of each elevator machine room, pit,
hoistway, car top and car interior. Inspection would be visual, aided by
instruments including tachometer, sound level meter, force gauge and
bearing-probe stethoscope.
Recording of various performance standards such as car speeds, flight
times, door protection time-outs, and door stall forces. These parameters
would be compared to industry standards in order to assess and improve
the elevators’ performance.
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APPENDIX A – PRICE SCHEDULE
DESCRIPTION
Annual General Elevator Consulting
Services
Annual Quality of Safety & Maintenance
Inspection of Elevators
COST
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APPENDIX B
CARLETON UNIVERSITY
GENERAL TERMS AND CONDITIONS
These general terms and conditions will apply to all competitive opportunities issues by
Carleton University.
GENERAL CONDITIONS
1.1
This bid shall be PRINTED and duly SIGNED by an authorized officer of
the bidding supplier. It must be returned in the ENVELOPE ENCLOSED,
if supplied, for this purpose prior to the DUE DATE AND TIME
SPECIFIED.
1.2
The Proponent shall indicate the unit price, the total of each item, as well as
the total cost of the bid. In the case of a conflict between the unit price and
the total of an item, the unit price shall prevail.
1.3
TAX STATUS: Except as otherwise noted, the prices quoted shall include
all duty, customs clearances and all other charges now or hereafter
imposed or in force. The GOODS AND SERVICES TAX (G.S.T.) shall be
EXTRA to the price(s) quoted on this bid. ONTARIO PROVINCIAL SALES
TAX shall be EXTRA, if applicable.
1.4
The act of faxing or mailing a PURCHASE ORDER to a Proponent shall be
considered for all purposes as sufficient notice of acceptance of their bid.
VALIDITY OF THE BID
2.1
Each competitive bid shall be valid for a period of ninety (90) calendar days
from the date of opening.
2.2
Bidders offering firm prices for the longest period may be given preference.
2.3
Incomplete bids may be rejected.
2.4
Any correction not initialled may be rejected.
2.5
Carleton University will not accept bids submitted by facsimile and/or
electronic data transmission unless specifically noted in the competitive bid
document.
RIGHTS OF THE UNIVERSITY
3.1
Notwithstanding the provisions of the Sale of Goods Act or any similar
legislation of any jurisdiction whatever applicable to the purchase and
delivery of material, the title to any material purchased hereby shall remain
with the seller until acceptance of delivery by the University.
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Any provision to the contrary contained in any document, whether or not it is
subsequent to the issue of these General Terms and Conditions shall be
deemed void for all purposes unless expressly countersigned by the
Director of University Services and Purchasing of Carleton University, or
their duly authorized delegate.
3.2
3.3
The University shall not be bound to accept the lowest or any other bid. The
bid may be awarded in whole or in part and may be divided between two or
more suppliers or contractors whether or not a bid has been submitted by
the said suppliers or contractors.
Unless otherwise indicated, each item may be ordered separately and/or in
quantities different from those specified in the bid document, this decision
being related to the funds available.
3.4
The University does not bind itself to accept the whole or any part of any
bid, and in particular if only one bid is received the University reserves the
right to reject it.
3.5
Carleton University reserves the right to re-negotiate contracts, resulting
from this bid, with the successful supplier/contractor upon termination of the
initial contract term.
3.6
Carleton University reserves the right to return any contract item for credit
and shall not be subject to any handling and/or restocking charge.
SPECIFICATIONS
4.1
The bidder shall not presume to interpret the Specifications set out in
the bid document. In the event that the details of the specifications
are not
clear, the Proponent shall contact the Purchasing staff
concerned prior to
submitting their bid.
SUBCONTRACT
5.1
Bidders, when invited to submit offers, shall not quote on behalf of a third
party or subcontract any part of the contract without prior written consent of
the Purchasing Department.
C.S.A. OR ELECTRICAL SAFETY AUTHORITY APPROVAL
6.1
It is the bidder’s responsibility to ensure that, where required, the C.S.A.,
and/or Electrical Safety Authority symbol or seal appears on all electrical
equipment before shipment. If such markings are missing, the equipment
will be returned at the bidder's expense and the University will not accept
nor pay for such until this condition is met.
MATERIAL SAFETY DATA SHEET
7.1
Carleton University reserves the right to return, at the successful bidder’s
expense, any or all items ordered from this bid if not furnished with the
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applicable Material Safety Data Sheet(s) (M.S.D.S.) in accordance with
WHMIS Legislation.
INFERIOR QUALITY
8.1
Where their duly authorized delegate, determines in their sole discretion that
the material delivered or the services performed is of INFERIOR QUALITY,
the material will be refused or the service discontinued, and the successful
bidder shall remove the said material at their own expense.
8.2
Should the successful bidder fail to remove the material or discontinue the
service determined to be of INFERIOR QUALITY, the Director, University
Services and Purchasing or authorized delegate reserves the right to return
the material at the expense of the successful bidder or take the necessary
measures to have the service discontinued. Any expenses or damages
incurred by the University shall be deducted from any payment due or to
become due to the successful bidder, whether related to the returned
material or service or not, without prejudice to any other remedy available to
the University.
INSPECTION
9.1
All material or service may be inspected after acknowledgement of delivery
or of execution, prior to being accepted and approved for payment by the
University.
9.2
The University reserves the right to inspect during production the material
being manufactured for the University.
SAMPLES
10.1
The bidder must send PREPAID to the University any sample when
requested.
10.2
Upon award of the contract all samples submitted, except those of the
successful bidder, will be returned COLLECT.
10.3
Samples submitted by the successful bidder shall be retained and, unless
purchased by the University, shall be returned COLLECT upon termination
of the contract.
GUARANTEE
11.1
The successful bidder guarantees that the material corresponds in every
way to the sample supplied when such sample has been requested.
11.2
The successful bidder guarantees that any material proven defective within
the manufacturer's guarantee period or such other period mutually agreed
upon shall be replaced at their expense. An identical guarantee shall then
21
cover the replacement material as though the purchase had taken place at
the time of replacement.
11.3
The successful bidder guarantees the material against all damages and
defects caused during transport, unloading and installation.
ROYALTIES
12.1
The bidder shall be responsible for the payment of applicable royalties, if
any, and shall hold the University harmless from loss on account of patent,
copyright or trademark infringement or the cost of defending suits or claims
in connection therewith.
DELIVERY
13.1
All materials shall be appropriately wrapped and packaged for storage and
delivery in new containers according to the standards of the "Canadian
Standards Association" without additional charge to the University. EACH
CONTAINER must bear the following information:
*PURCHASE ORDER NUMBER
* Consignor
* Consignee
* Weight of container
* Number of containers in shipment
* Brief description of contents
* Name of the building for which contents are intended complete with
address
* Room number within the building
13.2
Packing slips must be placed in a waterproof envelope and affixed on the
outside of the container or, if placed inside, container should be properly
marked or labelled "PACKING SLIP INSIDE".
13.3
On each packing slip, the Purchase Order number must appear clearly, as
well as the details pertinent to the delivered material, quantity, weight and
dimensions.
13.4
At least 48 hours notice of delivery is to be given to the local installation
agent and to the Receiving Department, in the case of heavy material for
which unloading assistance may be required.
PAYMENT
14.1
The payment of the order or the contract shall be pro rata to the delivery
accepted or the service performed. At that time, the successful Proponent,
or the contractor, shall present their invoice to Carleton University, Business
Office, 1125 Colonel By Drive, Ottawa, Ontario, K1S 5B6.
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14.2
It shall be the responsibility of the successful Proponent to provide proof of
delivery or performance of service acceptable to the Director of University
Services and Purchasing on their duly authorized delegate, in order to justify
their request for payment.
14.3
Any applicable cash discount allowance shall be applied from the
date of receipt of the goods, (unless installation is included, then the
completion date of the installation shall apply), or from the date of
receipt of invoice, whichever comes last.
DIVULGING INFORMATION TO THE MEDIA
15.1
The University may choose to declare bids and other specific bid
information to the active participants of a specific call for bids. This is
intended as an aid to the Proponents and such information is strictly
confidential. Proponents may not, under any circumstances, divulge such
information or any other content material of the bid to the media or any other
group engaged in publicity whether directly or indirectly without the express
written consent of the Director of University Services and Purchasing. Nonobservance of this clause would provide the University with the absolute
right to cancel, without penalty, any existing contracts with the defaulting
Proponent and/or remove any such defaulting Proponent from our bid list.
ENVIRONMENTAL CONCERNS
16.1
The University is committed to giving serious consideration to purchasing
goods, which are less harmful to the overall environment.
While bidders are required to bid on the specifications stated herein, the
University encourages bidder’s to submit supplementary bids on products or
services which are environmentally friendly. Goods or services which offer a
measure of protection for the environment may take several forms namely:
Have a high recyclable content; produce fewer pollutants during the course
of its operation or consumption; consume less natural resources during
fabrication or its operation; these but to name a few.
Proponents are required to include documentation sufficient to substantiate
their claims.
It is our intention that any offers resulting from this request would be
submitted to the users for their consideration and ultimate decision.
ACCESS TO INFORMATION – CONFIDENTIAL INFORMATION
17.1
Is information which may not be disclosed for the following reasons:

Where disclosure could be reasonably expected to seriously
threaten the safety or health of an individual.

Where disclosure could be reasonably expected to interfere with a
law enforcement matter or disciplinary proceeding or conflict
23
resolution process of some kind within the University.

Where disclosure of records or information would reveal information
supplied in confidence implicitly or explicitly where the disclosure
would result in any undue prejudice, loss or gain to any person, group
of persons, community, orangization or financial institution or agency
or could result in similar information no longer being supplied to the
University.

Where disclosure of records would undermine the effectiveness or
fairness of an auditing procedure or of an examination testing
procedure or other means of evaluation of student performance.

Where consistent with the University’s research guidelines, disclosure
of information concerning the past, present or proposed research
activities of members of the University community, would be contrary
to the public interest or would undermine the professional or personal
interests of the researchers involved in the project.

Where the records contain:
 Trade secrets or financial, commercial, scientific or
technical information that belongs to the University or
one of its constituent units or members and has
potential monetary value
 Information where the disclosure could reasonably be
expected to prejudice the economic or financial interest
or the competitive position of the University.
 Positions, plans, procedures, criteria or instructions to
be applied to any negotiations carried on by or on
behalf of the University or one of its constituent units.
 Plans relating to the management of personnel or the
administration of the University or one of its constituent
units that have not yet been put into operation or made
public.
 Information including the proposed plans, policies or
projects of the University or one of its constituent units
where the disclosure could reasonably be expected to
result in premature disclosure of a pending policy
decision or in undue financial benefit or loss to a
person.

Because it is opinions, advice or recommendations obtained,
prepared or recorded, or consultations or deliberations that have
taken place, in the course of or for the purposes of, the deliberative
processes of the University where such disclosure would undermine
the effectiveness of those processes.

Where disclosure could reasonably be expected to:
 Prejudice the conduct of relations between the
University and federal or provincial governmental
24


authorities or other agencies providing funding to the
University or any of its constituent units.
Reveal information received in confidence from federal,
provincial or foreign governmental authorities
Reveal information received in confidence from other
universities, colleges and similar institutions and from
organizations formed for the purpose of representing
the interests of such organizations or various
constituencies within them

Where disclosure would reveal the substance of the deliberations of
the Senior Management Committee or the Committee of Deans, or a
subcommittee of one of these bodies or any committee which reports
to the President through one of these bodies.

Where the information or record has been designated confidential by
the Board of Governors or the Senate pursuant to their regulations.
WORKPLACE SAFETY AND INSURANCE
18.1 Proponents are required to submit with their bids, and thereafter as
required,
a certificate of clearance issued by the Workplace Safety and Insurance
Board of Ontario.
INDEPENDENT OPERATORS
19.1
Operator,
Should the Ontario WSIB consider your firm to qualify as an Independent
you are required to sign the statement below confirming you will not hold
Carleton
University liable for any injuries (including death) normally subject to WSIB
Coverage which would have been sustained by any one of your company’s
Independent Operators while carrying out the work set out in this bid.
NON-RESIDENT PROPONENTS
20.1
to
“Substantial
Proponents from outside the Province of Ontario do not necessarily have
register with the Ontario WSIB if their firm is not deemed to have
Connection” as defined by the Ontario WSIB. Although each case must
be
Decided on its own facts, it is generally considered that a Worker who
works in
Ontario for five (5) or fewer days in the course of a year usually does not
have a
25
substantial connection with Ontario. Should you qualify under this clause,
Carleton University requires that you complete the statement below.
STATEMENT FOR EXEMPTION FROM ONTARIO WSIB
21.1
The undersigned, my estate, and/or workers confirm exemption from
Ontario
WSIB registration requirements due to the fact (X appropriate statement)
Our company is owned and operated by Independent Operators
and do not employ workers.
We are a Non-Resident Contractor/Vendor where our worker(s)
Work(s) five (5) or fewer days in the course of a year in the
Province of Ontario.
While not covered by the Ontario WSIB, the undersigned and/or workers
hereby agree to indemnify and save harmless the University, its employees,
servants, agents and students from all actions, suits, claims, demands,
costs and damages arising by reason of a work related injury or death to my
person, partners or workers which would normally be covered by the
Ontario Workplace Safety & Insurance Board of Ontario while carrying out
the work which I may be awarded as a result of this Request for Quotation
and that for the duration of the contract.
It is also understood that should the nature of my business change requiring he
hiring of additional staff, or that current worker(s) shall work or are likely to work
more than five (5) day in Ontario, I will ensure that the appropriate WSIB registration
is taken immediately and will provide the University with a copy of the documentation
as proof of coverage. A copy of the Ontario WSIB clearance certificate shall be
supplied to the University as soon as it is available.
Should my firm be awarded this or any portion of this Request for Quotation,
which would required that certain of my Independent Contractor(s) be
assigned to fulfil my contractual obligations, I shall ensure that any and all
workers designated shall complete a copy of the Independent Operators
"Statement of Exemption from Ontario WSIB" waiver and submit a copy to
the University within five (5) working days from the official notice of award
date.
Company Name
Authorized Signing Officer
Date
(Please print)
26
APPENDIX C
ACKNOWLEDGEMENT
PROPOSAL IS SUBMITTED BY:
_________________________________________
ADDRESS:
_________________________________________
_________________________________________
_________________________________________
_________________________________________
TELEPHONE NO:
_________________________________________
FACSIMILE NO:
_________________________________________
NAME AND CONTACT INFORMATION OF AUTHORIZED REPRESENTATIVE(S):
NAME:
______________________________________(print)
POSITION:
______________________________________(print)
TELEPHONE NO:
_________________________________________
FACSIMILE NO:
_________________________________________
E-MAIL ADDRESS:
_________________________________________
I/We
ACKNOWLEDGE:
the undersigned HEREBY DECLARE AND
THAT I / WE have examined the documentation and information contained in 2010-27 and
accompanying documents;
THAT I / WE declare that no person, firm, corporation or other organization other than
disclosed herein has any interest in this Proposal or any contract which may result;
THAT this Proposal is made by the undersigned without collusion or fraud with any other
entity;
THAT all statements in this Proposal are true and accurate in all respects;
27
THAT full disclosure has been made of any conflict of interest or potential conflict of
interest;
THAT Addenda No. ___ to ____ inclusive have been reviewed by me / us and form part
and parcel of the RFP and any contract which may result;
THAT I / WE do hereby offer to enter into a contract to do all the work as described in the
RFP and provide all labour, materials and all necessary items to complete the work to the
full and complete satisfaction of Carleton for the sum bid;
THAT my / our proposal is irrevocable after close of bidding for a period of not less than
sixty (60) calendar days from that date;
THAT the undersigned are duly authorized to execute this Proposal on behalf of:
Name of Proponent
Authorized Signature
Name
Position
Contact Telephone #
Dated at the
City / Province
This
Day of
, 2010.
28
APPENDIX D
REFERENCE CONSENT FORM
Pursuant to Section 39 (1) of the Freedom of Information and Protection of
Privacy Act, I/we, __________________________, include in our Proposal two
(2) references to whom I/we have provided the Equipment/Service to at least two
(2), and preferably within the last two (2) elapsed years of a similar nature and
similar specifications.
I/we authorize Carleton to contact the persons or organizations listed below for
the purpose of obtaining reference information, including information contained in
my/our personnel file(s). These persons or organizations are authorized to
disclose such information.
1. Name of Organization:
_____________________________________________________________
Name of Contact Person:
___________________________________________________________
Contact Person(s) Phone Number:
___________________________________________________
Brief Description of their requirements: _______________________________________________
____________________________________________________________________
______________
2. Name of Organization:
_____________________________________________________________
Name of Contact Person:
___________________________________________________________
Contact Person(s) Phone Number:
___________________________________________________
Brief Description of their requirements: _______________________________________________
____________________________________________________________________
______________
3. Name of Organization:
_____________________________________________________________
Name of Contact Person:
___________________________________________________________
29
Contact Person(s) Phone Number:
___________________________________________________
Brief Description of their requirements:
_______________________________________________
_______________________________________________________________________
___________