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 durationof 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 appropriateresponsible 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 days2% - 15 working daysOr otherCash 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:

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 privacy; wrongful eviction and wrongful entry

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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, non-owned, 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 Universityrequests 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.

16. WORKPLACE SAFETY AND INSURANCE:

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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; andf)    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:

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.

1.3 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.

3. Scope of Elevator Consulting Services

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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)

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 non-

standard 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. Verify that all safety switches, hoistway door locks and car gate switches

are operating as intended.

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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 COSTAnnual General Elevator Consulting Services

Annual Quality of Safety & Maintenance Inspection of Elevators

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APPENDIX B

CARLETON UNIVERSITYGENERAL 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 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.

3.3 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

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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. Non-observance 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 seriouslythreaten 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

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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

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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 Should the Ontario WSIB consider your firm to qualify as an Independent Operator,

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 Proponents from outside the Province of Ontario do not necessarily have to register with the Ontario WSIB if their firm is not deemed to have “Substantial

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

substantial connection with Ontario. Should you qualify under this clause,

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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)

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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 the undersigned HEREBY DECLARE AND ACKNOWLEDGE:

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;

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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.

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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: _____________________________________________________________

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Name of Contact Person: ___________________________________________________________

Contact Person(s) Phone Number: ___________________________________________________

Brief Description of their requirements: _______________________________________________

__________________________________________________________________________________

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