cps rfp - 14 250020 bid for window mounted air conditioning units 042514

Specification No.: 14-250020 Advertisement Date: 4/25/14

BID SOLICITATION FOR

SUPPLY AND DELIVERY OF WINDOW MOUNTED AIR CONDITIONING

UNITS AND ACCESSORIES

FOR THE

BOARD OF EDUCATION OF THE CITY OF CHICAGO

Required for use by the Department of Facilities

Contract Period: Twelve months from Contract commencement TWO (2) ORIGINAL HARD COPIES SWORN BEFORE A NOTARY PUBLIC OF THE BID ARE TO BE PROVIDED AND ONE (1) ELECTRONIC COPY (COMPACT DISC (CD) OR USB DRIVE) MUST BE PROVIDED. EACH SUBMITTAL SECTION OF THE BID MUST BE SEPARATED INTO A DIFFERENT FILE IN THE ELECTRONIC VERSION. THE ONE (1) CD/USB DRIVE MUST CONTAIN ALL THE INFORMATION THAT THE HARD COPY CONTAINS OF THE BID INCLUDING THE FINANCIAL DOCUMENTS. IF BIDDER DESIGNATES ANY PORTION OF ITS SUBMITTAL AS EXEMPT UNDER THE ILLINOIS FREEDOM OF INFORMATION ACT (“FOIA”), BIDDER SHALL ALSO PROVIDE ONE (1) ELECTRONIC VERSION OF THE REDACTED BID ON CD/USB DRIVE. ALL BIDS SHALL BE ADDRESSED AND RETURNED TO: Sébastien de Longeaux, Chief Procurement Officer Department of Procurement Board of Education of the City of Chicago Bid/Bond Room 125 S. Clark Street, 10th Floor Chicago, IL 60603 BIDS MUST BE RECEIVED NO LATER THAN MAY 6, 2014 10:00 A.M. CENTRAL STANDARD TIME AT THE ABOVE ADDRESS. LATE BIDS WILL NOT BE ACCEPTED.

ISSUED BY THE DEPARTMENT OF PROCUREMENT

RAHM EMANUEL BARBARA BYRD-BENNETT MAYOR CHIEF EXECUTIVE OFFICER DAVID J. VITALE SÉBASTIEN DE LONGEAUX PRESIDENT CHIEF PROCUREMENT OFFICER CHICAGO BOARD OF EDUCATION

For current Bid/RFP/RFQ information, log in at: www.csc.cps.k12.il.us/purchasing

TABLE OF CONTENTS

I. General Invitation

II. General Terms and Conditions III. Specific Terms and Conditions IV. Specification of Products

V. Submittal Requirements

VI. Evaluation Criteria and Basis of Award VII. Bid Tabulation Pages VIII. Bid Execution Page Attachments: Attachment A: Contractor’s Disclosure Form Attachment B: W-9 Tax Form Attachment C: CPS Standard Specifications

I. GENERAL INVITATION

REQUEST FOR BID FOR SUPPLY AND DELIVERY OF WINDOW MOUNTED AIR CONDITIONING UNITS AND ACCESSORIES

The Board of Education of the City of Chicago (the “Board”) invites the submission of bids from firms (“Bidders”) that wish to Supply and Deliver Window Mounted Air Conditioning Units and Accessories (“Products”) to the Board. The Board reserves the right to (i) select one or more Bidders to provide the Products outlined herein; (ii) accept portions of the bid from one or more Bidders; or (iii) reject any and all bids. A Bidder may only bid in one capacity; either individually, as a joint venture, a partnership, or other type of legal entity. A “Person”, “Partnership”, “Joint Venture” or “Sole Proprietorship” operating under an Assumed Name must be registered with the Illinois county in which located, as provided in 805 ILCS 405. Bids must be submitted in sealed envelopes or packages. The outside of the envelope or package must clearly indicate the name of the project (“Supply and Delivery of Window Mounted Air Conditioning Units and Accessories Bid”) the time and dates specified for receipt (10:00 A.M., May 6, 2014) and the name and address of the Bidder. Where bids are sent by mail to the Chief Procurement Officer, the Bidder shall be responsible for their delivery to the Chief Procurement Officer before the advertised date and hour for the receipt of the bids. If the mail is delayed beyond the date and hour set for the bid receipt, bids thus delayed will not be considered and will be returned unopened. Bidder shall bear all costs of responding to this Bid. Downloaded Bid Solicitations This Bid and all attachments are available for download from the Board’s website at: http://www.csc.cps.k12.il.us/purchasing/bid openings.html Questions regarding the bidding process should be addressed to: ATTN: Patricia Hernandez, CPPB Tel. (773) 553-2256 Fax (773) 553-2281 Email: [email protected] NOTE: ALL QUESTIONS MUST BE SUBMITTED IN WRITING VIA E-MAIL NO LATER THAN APRIL 30, 2014 AT 12:00 NOON (CENTRAL STANDARD TIME). Questions received by the deadline will be answered via email and any written clarification will also be posted on the Board’s website at: http://www.csc.cps.k12.il.us/purchasing. Oral clarifications offered by any Board employee will not be binding to the Board. Late questions will not be answered. Addenda: Any revisions of this Bid deemed necessary by the Chief Procurement Officer will be made only by an addendum issued by the Department of Procurement prior to the response due date of this Bid. A copy of any such addendum will be posted on the Department of Procurement website at: http://www.csc.cps.k12.il.us/purchasing/bid_openings.html and may be e-mailed or mailed to Bidders who have not waived receiving such materials directly. Failure on the part of the Bidder to receive any written addenda will not be grounds for withdrawal of a Bid. Bidder must acknowledge receipt of each addendum issued on the Bid Execution Page.

I. GENERAL INVITATION

Waiver: Bidders who download the solicitation document waive their right to have clarifications and/or addenda sent to them. Such Bidders are responsible for checking the web site for clarifications and/or addenda. Failure to obtain clarifications and/or addenda from the web site shall not relieve such Bidders from being bound by additional terms and conditions, the clarifications and/or addenda, if any, or from considering additional information contained therein in preparing their proposals. Note that there may be multiple clarifications and/or addenda. Any harm to a Bidder resulting from such failure shall not be valid grounds for a protest against award(s) made under this Bid.

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II. GENERAL TERMS AND CONDITIONS

1. Contract: If selected to provide the Products herein, the Bidder shall adhere to the terms and conditions contained in this bid solicitation. The term “Contract” hereinafter refers collectively to this bid solicitation, all exhibits attached hereto and/or incorporated herein by reference, all addenda, the Bidder’s response to this bid solicitation, and acceptance by the Board of such bid. In case of any conflict between the terms and conditions of this bid solicitation and the Bidder’s response, the terms and conditions of the bid solicitation shall govern and control for all purposes.

2. Term of Contract: The term of this Contract shall commence on the date stated on the Bid Execution Page and end one (1) year thereafter (“Term”), unless terminated sooner as provided herein.

3. Quantity, Purchase Orders, Delivery of Products, Inspection:

A. Quantity: The Board assumes no obligation hereunder to purchase any quantity of Products other than those identified on a purchase order issued by the Board. B. Purchase Orders: Orders must be on the Board’s Standard Purchase Order Form (“PO”). The pre-printed terms and conditions found on the (“PO”) shall apply to the extent that such terms supplement and are not inconsistent with the terms and conditions contained in this Contract. C. Packaging and Shipment; Risk of Loss: Bidder shall package and ship all Products in a commercially reasonable manner. All shipments shall be F.O.B. destination (as indicated on the PO or some other notification from Board) with freight prepaid. Bidder shall purchase insurance to cover the shipping period. It is understood and agreed that the Board shall have no liability for any shipping or insurance charges not included in the prices quoted on the Bid Tabulation Pages. The Board may request that shipment be made to any location that the Board designates as a Chicago Public School or a CPS facility. Any and all deliveries made to a Chicago Public School shall occur between the hours of 8:00 a.m. – 2:30 p.m., and Bidder shall advise the carrier of this restriction. The Board may adjust the PO or shipping destination any time up to five (5) business days prior to shipment. The risk of loss and damage to Products ordered by the Board shall pass to the Board only after delivery to the destination designated by the Board. Time is of the essence to the delivery of all Products ordered hereunder. D. Inspection and Out-Of-Box Failures: The Board reserves the right to inspect all Products upon delivery and to perform any test the Board deems necessary to adequately demonstrate that the Products meet all of the Specifications, as more particularly described in Section IV herein. Final inspection resulting in acceptance or rejection of the Products will be made as soon as practicable, but failure to inspect shall not be construed as a waiver by the Board of its rights to reject Products or to claim reimbursement or damages for such Products which are later found to be defective or not in conformance with the Specifications. Products which do not conform to the Specifications or that are otherwise damaged must either, at the Boards discretion, be retrieved by Bidder (at Bidder’s expense) for replacement at no charge to the Board, or the Board may cancel that portion of the purchase order relating to the nonconforming Products at no charge to the Board. For any such returned Products, the Board shall either debit or offset from Bidder the cost of such Product plus freight, or receive a refund for such, at Board’s discretion. E. Uniform Commercial Code: In the absence of a governing provision under this Contract or should any provision of this Contract be construed by a court of competent jurisdiction as vague, the corresponding provision of the Uniform Commercial Code, Article 2, shall apply. F. Survival: The provisions of this Section shall survive the expiration or termination of this Contract.

4. Standards of Performance: Bidder shall devote, and shall cause all of its staff and

subcontractors to devote, such of their time, attention, best skill and judgment, knowledge and


professional ability as is necessary to supply all Products effectively and efficiently and to the satisfaction of the CPO. Bidder shall use efficient business administration methods and supply the Products in the most expeditious and economical manner so as to assure, among other things, that the Products are supplied at a reasonable cost to the Board and that Products supplied by other entities or persons in connection with this Contract are efficiently and cost-effectively delivered. Bidder acknowledges that, if in the course of providing the Products hereunder, it is entrusted with or has access to valuable and confidential information and records of the Board, that with respect to that information, Bidder agrees to be held to the standard of care of a fiduciary. Any review, approval, acceptance of Products or payment for any of the Products by the Board does not relieve Bidder of its responsibility for any nonconformity with the Specifications or any defects in the Products. Bidder shall remain responsible for all Products supplied hereunder, whether furnished by Bidder or its subcontractors or others on its behalf.

5. Compensation and Pricing:

A. Compensation: The total maximum compensation amount payable to Bidder pursuant to this Contract shall not exceed the amount specified in Attachment VIII, on the Bid Execution Page, with no reimbursement for expenses except as specifically set out in this Contract. Bidder is not entitled to any payment nor is the Board obligated to pay Bidder any amount solely by virtue of entering into this Contract. The maximum payment amount for any Extended Term shall be established by the Board. Unless the Board has requested that Products ordered before the effective termination or expiration date be delivered after the effective date of termination or expiration, the Board shall not have any liability for any Products delivered after the effective expiration or termination date. B. Prices: The prices indicated on the Bid Tabulation Pages shall be firm for the duration of this Contract and any extensions thereof.

6. Billing and Payment Procedures; Electronic Payments:

A. Billing and Payment Procedures: All invoices must include: a valid purchase order number, itemized description of the Products delivered, date the Products were delivered, invoice date, and invoice amount. Invoices shall be submitted in a timely manner. The final invoice shall be submitted no later than ninety (90) days after the expiration or termination of this Contract. If Bidder has more than one contract with the Board, separate invoices must be submitted for each contract. The Board shall process payments in its normal course of business after receipt of invoices and all supporting documentation necessary for the Board to verify the Products supplied under this Contract. Original invoices must be submitted to:

Chicago Public Schools

Accounts Payable P.O. Box 661

Chicago, Illinois 60690-0661 B. Electronic Payments: Bidder agrees that, at the Board’s sole discretion, the Board may make payment electronically to Bidder for any and all amounts due to Bidder pursuant to this Contract by means of the Board’s procurement charge card account. Bidder recognizes that any charge to the Board’s procurement charge card that is in excess of the open remaining amount as stipulated in the applicable Purchase Order, or any charge unaccompanied by the requisite documentation and data as required by the Board, shall be deemed invalid and disputed by the Board. Bidder further recognizes that, in the absence of any supporting documentation as may be required by the Board, payments associated with disputed charges shall be rescinded by the Board and deemed not owed by the Board. Bidder agrees to comply with the rules, procedures and documentation required for electronic payment via the Board’s procurement charge card as established by the Board’s Department of Procurement.


7. Non-appropriation: Expenditures not appropriated by the Board in its current fiscal year budget

are deemed to be contingent liabilities only and are subject to appropriation in subsequent fiscal year budgets. In the event sufficient funds are not appropriated in a subsequent fiscal year by the Board for performance under this Contract, the Board shall notify Bidder and this Contract shall terminate on the earlier of the last day of the fiscal period for which sufficient funds were appropriated or whenever the funds appropriated for payment under this Contract are exhausted. In no event shall the Board be liable to the Bidder for any amount in excess of the current amount appropriated and budgeted by the Board to fund payments under this Contract.

8. Audit and Document Retention: Bidder shall permit and cooperate in good faith in any audits

by the Board, including its Department of Procurement, or its agents for compliance by the Bidder with this Contract. Bidder shall promptly rectify errors and resolve disputes that may be reported as a part of any such audit. Bidder shall furnish the Board with such information, supporting documentation and reports as may be requested relative to the progress, execution and costs of the Products, and compliance with applicable MBE/WBE requirements. Failure of the Bidder to comply in full and cooperate with the requests of the Board or its agents shall give the Board, in addition to all other rights and remedies hereunder, the right to charge the Bidder for the cost of such audit. Bidder shall maintain all records, correspondence, receipts, vouchers, memoranda and other data relating to Bidder’s supply of Products under this Contract. All records referenced above shall be retained for five (5) years after the termination or expiration of this Contract and shall be subject to inspection and audit by the Board. If any audit, litigation or other action involving the records is being conducted or has not been resolved, all applicable records must be retained until that proceeding is closed. Bidder shall require all of its subcontractors to maintain the above-described records and allow the Board the same right to inspect and audit said records as set forth herein.

9. Termination, Events of Default, and Remedies:

A. Early Termination: The Board may terminate this Contract in whole or in part without cause, at any time by a notice in writing from the Board to Bidder in accordance with the notice provisions herein. The effective date of termination shall be thirty (30) calendar days from the date the notice is received or the date stated in the notice, whichever is later. After notice is received, Bidder must restrict its activities and those of its subcontractors, to winding down all activities under this Contract. No costs incurred after the effective date of the termination are allowed. Unless the Board has requested that Products ordered before the effective termination or expiration date, be delivered after the effective termination or expiration date, the Board shall not have any liability for any Products delivered after the expiration/termination date.

Bidder must include in its contracts with subcontractors an early termination provision in form and

substance equivalent to this early termination provision to prevent claims against the Board arising from termination of subcontracts after the early termination of this Contract.

Bidder shall not be entitled to make any early termination claims against the Board resulting from

any subcontractor’s claims against Bidder or the Board to the extent inconsistent with this provision. B. Suspension of Product Delivery: The Board may, upon thirty (30) calendar days written notice, direct Bidder to suspend the supply of Products. Bidder shall promptly resume delivery of Products upon written notice from the Board and upon such equitable extension of time as may be mutually agreed upon in writing by the Board and Bidder. Responsibility for any additional costs or expenses actually incurred by Bidder as a result of remobilization shall be determined by mutual agreement of the parties.


C. Bidder’s Events of Default: Events of default (“Events of Default”) include, but are not limited to, the following:

1) Any material misrepresentation by Bidder in the inducement or the performance of

this Contract.

2) Breach of any term, condition, representation or warranty made by Bidder in this Contract.

3) Failure of Bidder to perform any of its obligations under this Contract, including, but not limited to, the following: a) Failure to supply any portion of the Products herein at the time fixed for

performance and in the manner specified herein; b) Failure to maintain sufficient personnel and equipment or sufficient material to

ensure the timely delivery of the Products; c) Failure to supply the Products in a manner reasonably satisfactory to the Board

or the CPO; d) Failure to promptly re-supply, within a reasonable time and at no cost to the

Board, Products that were determined by the Board to be defective or failing to meet the Specifications;

e) Discontinuance of the supply of the Products for reasons within Bidder’s reasonable control; or

f) Failure to comply with any term of this Contract, including but not limited to, the provisions concerning insurance and nondiscrimination, and any other acts specifically and expressly stated in this Contract constituting an Event of Default.

4) Default by Bidder under any other agreement Bidder may presently have or may

enter into with the Board;

5) Any action or failure to act by Bidder which affects the safety and/or welfare of students or Board staff; and

6) Assignment by Bidder for the benefit of creditors or consent by Bidder to the appointment of a trustee or receiver or the filing by or against Bidder of any petition or proceeding under any bankruptcy, insolvency or similar law.

D. Remedies: The occurrence of any Event of Default which Bidder fails to cure within fifteen (15) calendar days (or such other period as the CPO may authorize in writing) after receipt of notice given in accordance with the terms of this Contract and specifying the Event of Default or which, if such Event of Default cannot be reasonably cured within said cure period after notice, Bidder fails to commence and continue diligent efforts to cure in the sole opinion of the Board, may permit the Board to declare Bidder in default. Whether to declare Bidder in default is within the sole discretion of the CPO. Written notification of an intention of the CPO to terminate this Contract, in whole or in part, shall be provided and shall be final and effective upon Bidder’s receipt of such notice or on the date set forth in the notice, whichever is later. Upon the giving of such notice as provided in this Contract, the Board may invoke any or all of the following remedies:

1) The right to take over and complete the supply of Products or any part thereof, by

contract or otherwise as agent for and at the cost of Bidder either directly or through others. Bidder shall be liable to the Board for any excess costs incurred by the Board. Any amount due Bidder under this Contract or any other agreement Bidder may have with the Board may be offset against amounts claimed due by the Board;


2) The right to terminate this Contract, in whole or in part, as to any or all of the Products yet to be supplied effective at a time specified by the Board;

3) The right to suspend the supply of Products during the fifteen (15) day cure period if

the default results from Bidder's action or failure to act which affects the safety or welfare of students or Board staff;

4) The right to specific performance, an injunction or any other appropriate equitable

remedy;

5) The right to receive from Bidder any and all damages incurred as a result or in consequence of an Event of Default;

6) The right to money damages;

7) The right to withhold all or part of Bidder’s compensation under this Contract; and

8) The right to use an Event of Default as a basis to deem Bidder non-responsible in

future contracts to be awarded by the Board and/or seek debarment of the Bidder pursuant to the Board’s Debarment Policy (08-1217-PO1), as may be amended from time to time.

The Board may elect not to declare Bidder in default or to terminate this Contract. The parties acknowledge that this provision is solely for the benefit of the Board and that if the Board permits Bidder to continue to supply the Products despite one or more Events of Default, Bidder shall in no way be relieved of any responsibilities, duties or obligations under this Contract nor shall the Board waive or relinquish any of its rights under this Contract, at law, equity or statute, nor shall the Board be deemed to have waived or relinquished any of the rights it has to declare an Event of Default in the future.

The remedies under the terms of this Contract are not intended to be exclusive of any other remedies provided, but each and every such remedy shall be cumulative and shall be in addition to any other remedies, existing now or hereafter, at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon the occurrence of any Event of Default shall be construed as a waiver of any Event of Default or acquiescence thereto, and every such right and power may be exercised from time to time and as often as may be deemed expedient. If the Board’s election to terminate this Contract for default under this Section is determined by a court of competent jurisdiction to have been wrongful, then in that case the termination is to be considered an early termination pursuant to Section 9(A) above. E. Turnover of Documents and Records: Upon demand of the Board after termination of this Contract for any reason or the expiration of this Contract by its terms, Bidder shall turn over to the Board or its designee within five (5) days of demand, all materials, supplies, equipment owned or purchased by the Board, completed or partially completed work product or analyses, data, computer disks, documents and any other information relating in any way to this Contract or the furnishing of Products, except that Bidder may keep a copy of such information for its own records.

10. Confidential Information, Dissemination of Information, Ownership, Survival:

A. Confidential Information: In the performance of this Contract, Bidder may have access to or receive certain information that is not generally known to others (“Confidential Information”). Bidder acknowledges that Confidential Information includes, but is not limited to, proprietary information, copyrighted material, educational records, employee data, information relating to


health records, and other information of a personal nature. Bidder shall not use or disclose any Confidential Information or any finished or unfinished, documents, screens, reports, writings, procedural manuals, forms, source code, object code, work flow charts, methods, processes, data, data studies, drawings, maps, files, records, computer printouts, designs, equipment descriptions, or other materials prepared or generated as a result of this Contract (“Work Product”) without the prior written consent of the Board. Bidder shall use at least a commercially reasonable standard of care in the protection of the Confidential Information of the Board. Upon the expiration or termination of this Contract, Bidder shall promptly cease using and shall return or destroy (and certify in writing destruction of) all Confidential Information furnished by the Board along with all copies thereof in its possession including copies stored in any computer memory or storage medium. B. Dissemination of Information: Bidder shall not disseminate any Confidential Information to a third party without the prior written consent of the Board. Bidder shall not issue publicity news releases or grant press interviews related to this Contract, except as may be required by law or with the prior written consent of the Board. In the event that Bidder is presented with a request for documents by any administrative agency or with a subpoena duces tecum regarding any Confidential Information or Work Product which may be in Bidder’s possession, Bidder shall immediately give notice to the Board and its General Counsel with the understanding that the Board shall have the opportunity to contest such process by any means available to it prior to submission of any documents to a court or other third party. Bidder shall not be obligated to withhold delivery of documents beyond the time ordered by a court of law or administrative agency, unless the request for production or subpoena is quashed or withdrawn, or the time to produce is otherwise extended.

C. Ownership: Bidder agrees that, to the extent permitted by law, any and all Work Product shall exclusively be deemed “works for hire” within the meaning and purview of the United States Copyright Act, 17 U.S.C. § 101 et seq. To the extent any Work Product does not qualify as a “work for hire,” Bidder irrevocably grants, assigns, and transfers to the Board all right, title, and interest in and to the Work Product in all media throughout the world in perpetuity and all intellectual property rights therein, free and clear of any liens, claims, or other encumbrances, to the fullest extent permitted by law. All intellectual property, Confidential Information, and Work Product shall at all times be and remain the property of the Board. Bidder shall execute all documents and perform all acts that the Board may request in order to assist the Board in perfecting or protecting its rights in and to the Work Product and all intellectual property rights relating to the Work Product. All of the foregoing items shall be delivered to the Board upon demand at any time and in any event, shall be promptly delivered to the Board upon expiration or termination of this Contract within five (5) business days of demand. In addition, Bidder shall return the Board’s data in the format requested by the Board. If any of the above items are lost or damaged while in Bidder’s possession, such items shall be restored or replaced at Bidder's expense. D. Staff and Subcontractors: Bidder agrees to cause its personnel, staff and subcontractors, if any, to undertake the same obligations of confidentiality and ownership agreed to herein by Bidder.

E. Freedom of Information Act: Bidder acknowledges that this Contract and all documents submitted to the Board related to this contract award are a matter of public record and are subject to the Illinois Freedom of Information Act (5 ILCS 140/1) and any other comparable state and federal laws and that this Contract is subject to reporting requirements under 105 ILCS 5/10-20.44. Bidder further acknowledges that this Contract shall be posted on the Board’s Internet website.


F. Survival: The provisions of this Section shall survive the termination or expiration of this Contract.

11. Representations and Warranties of Bidder: Bidder represents and warrants that the following

shall be true and correct as of the effective date of this Contract and shall continue to be true and correct (as may be modified from time to time subject to Board approval) during the Term of this Contract:

A. Contractor’s Disclosure Form: The disclosures in the Contractor’s Disclosure Form submitted by Bidder to the Department of Procurement are true and correct. Bidder shall promptly notify the Board of any material change in information set forth therein, including, but not limited to, change in ownership or control, and any such change shall be subject to Board approval which shall not be unreasonably withheld.

B. Financially Solvent: Bidder warrants that it is financially solvent, is able to pay all debts as they mature and is possessed of sufficient working capital to supply all Products and perform all obligations under this Contract.

C. Compliance with Laws: Bidder is and shall remain in compliance with all applicable federal, state, county, and municipal, statutes, laws, ordinances, and regulations relating to this Agreement and the supply of Products in effect now or later and as amended from time to time, including but not limited to the Prevailing Wage Act, 820 ILCS 130/1 et seq., the Drug-Free Workplace Act, the Illinois School Student Records Act, the Family Educational Rights and Privacy Act, the Protection of Pupil Rights Amendment and any others relating to non-discrimination. Further, Bidder is and shall remain in compliance with all Board policies and rules. Board policies and rules are available at http://www.cps.edu/.

D. Gratuities: No payment, gratuity or offer of employment was made by Bidder, any of its members if a joint venture or, to the best of Bidder's knowledge, by any subcontractors, in relation to this Contract or as an inducement for award of this Contract. Bidder is and shall remain in compliance with all applicable anti-kickback laws and regulations.

E. Ethics: No officer, agent or employee of the Board is or shall be employed by Bidder or has or shall have a financial interest, directly or indirectly, in this Contract or the compensation to be paid hereunder except as may be permitted in writing by the Board's Code of Ethics adopted May 25, 2011 (11-0525-PO2), as may be amended from time to time, which policy is hereby incorporated by reference into and made a part of this Contract as if fully set forth herein. F. Good Standing: Bidder, each of its joint venture members if a joint venture, and each of its subcontractors, if any, are not in default or have not been deemed by the Board’s Chief Procurement Officer to be in default under any other Contract with the Board during the five (5) year period immediately preceding the effective date of this Contract. G. Authorization: Bidder has taken all action necessary for the approval and execution of this Contract, and execution by the person signing on behalf of Bidder is duly authorized by Bidder and has been made with complete and full authority to commit Bidder to all terms and conditions of this Contract which shall constitute valid, binding obligations of Bidder. H. Background Investigations: Bidder represents and warrants that, at its own cost and expense, it shall have a complete fingerprint-based criminal history records check (“Records Check”) conducted on any and all employees, agents and subcontractors (“Staff”) who may have direct, daily contact with CPS students under this Contract in accordance with the Illinois School Code (105 ILCS 5/34-18.5); the Sex Offender and Child Murderer Community Notification Law, (730 ILCS 150/1 et seq.); and the Murderer and Violent Offender Against Youth Registration Act, (730 ILCS 154/1 et seq.). Such complete Records Check consists of the following:


• fingerprint-based checks through the Illinois State Police (ISP) and the FBI, • check of the Illinois Sex Offender Registry (IL-SOR), and • check of the Violent Offender Against Youth Registry (see below).

The purpose of the Records Check is to confirm that none of these persons have been convicted of any of the criminal or drug offenses enumerated in subsection (c) of 105 ILCS 5/34-18.5 or any offenses enumerated under the Sex Offender and Child Murderer Community Notification Law, or the Murderer and Violent Offender Against Youth Registration Act, or have been convicted within the past seven (7) years of any other felony under the laws of Illinois or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in the State of Illinois, would have been punishable as a felony under the laws of Illinois. Bidder understands and agrees that it shall not allow any of its employees or subcontractors to have direct regular contact with a CPS student until a Records Check has been conducted for such person and the results of the Records Check satisfies the requirements of 105 ILCS 5/34-18.5 and the requirements of the Acts and Laws referenced in the preceding paragraph, as amended from time to time.

If Bidder is an individual, Bidder represents and warrants that Bidder is in compliance with Section 5/34-18.5 of the Illinois School Code as from time to time amended, and has never been convicted of the offenses enumerated therein. Further, Bidder agrees to submit to the above procedure regarding background investigations, and to fully cooperate and provide Board with all necessary information in order for the Board to perform all such above checks on Bidder, all at Bidder’s expense. It is understood and agreed that Bidder’s non-compliance with this Section will constitute a material breach of this Contract, and the Board also will have the right to withhold payments due hereunder until Bidder remedies such non-compliance to the Board’s reasonable satisfaction, or take any other action or remedy available under this Contract or by law. I. Warranty of Title: Bidder warrants title to the Products and that the Products are free and clear from all liens, contracts, chattel mortgages or other encumbrances; that the Bidder has the lawful right to dispose of and sell the Products and that the Bidder shall warrant and defend its title against all claims. J. Gratuities: No payment, gratuity, or offer of employment was made by Bidder, any of its members if a joint venture or, to the best of Bidder’s knowledge after due inquiry, by any subcontractors, in relation to this Contract or as an inducement for award of this Contract. Bidder is and shall remain in compliance with all applicable anti-kickback laws and regulations throughout the Term of this Contract including any renewals. K. Prohibited Acts: Within the three (3) years prior to the effective date of this Contract, Bidder or any of its members if a joint venture or a limited liability company, or any of its or their respective officers, directors, shareholders, members, managers, other officials, agents or employees (i) have not been convicted of bribery or attempting to bribe a public officer or employee of any public entity and (ii) have not been convicted of agreeing or colluding among contractors or prospective contractors in restraint of trade, including bid-rigging or bid-rotating, as those terms are defined under the Illinois Criminal Code. L. Debarment and Suspension: Bidder certifies that it, each of its joint venture members if a joint venture, and each of its subcontractors if any is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency or any unit of State or local government. Bidder


acknowledges that in providing the Products for the Board, Bidder shall not utilize any firms that have been debarred from doing business with the Board under the Board’s Debarment Policy (08-1217-PO1) as amended. M. Survival: All warranties in this Section shall survive inspection, acceptance, payment, expiration or termination of this Contract. Nothing in the foregoing warranties shall be construed to limit any other rights or remedies available to the Board under the laws and this Contract.

12. Independent Contractor: It is understood and agreed that the relationship of Bidder to the

Board is and shall continue to be that of an independent contractor and neither Bidder nor any of Bidder's staff, agents, employees or subcontractors shall be entitled to receive Board employee benefits. It is further understood and agreed that the Board shall not be responsible for, nor incur any liability for, any State or Federal withholding or other taxes or for FICA or State unemployment insurance for Bidder, its agents, employees or subcontractors, and the payment of any such taxes incurred or due by Bidder shall be the sole responsibility of Bidder. Bidder agrees that neither Bidder nor its staff or subcontractors shall represent themselves as employees or agents of the Board. Bidder shall provide the Board with a valid taxpayer identification number as defined by the United States Internal Revenue Code, including, but not limited to, a social security number or a federal employer identification number.

13. Indemnification: Bidder agrees to defend, indemnify and hold harmless the Board, its

members, employees, agents, officers and officials from and against liabilities, losses, penalties, damages and expenses, including costs and attorney fees, arising out of all claims, liens, damages, obligations, actions, suits, judgments or settlements, or causes of action, of every kind, nature and character arising or alleged to arise out of the acts or omissions of the Bidder, its officers, agents, employees and subcontractors in the performance of this Contract. This includes, but is not limited to, the unauthorized use of any trade secrets, patent infringement, or trademark or copyright violation.

Bidder shall, at its own cost and expense, appear, defend and pay all attorney fees and, other costs and expenses arising hereunder. In addition, if any judgment shall be rendered against the Board in any such action, the Bidder shall, at its own expense, satisfy and discharge such obligation of the Board. The Board shall have the right, at its own expense, to participate in the defense of any suit, without relieving the Bidder of any of its obligations hereunder. The Board retains final approval of any and all settlements or legal strategies which involve the interest of the Board.

However, if Bidder, after receiving notice of any such proceeding, fails to immediately begin the defense of such claim or action, the Board may (without further notice to Bidder) retain counsel and undertake the defense, compromise, or settlement of such claim or action at the expense of Bidder, subject to the right of Bidder to assume the defense of such claim or action at any time prior to settlement, compromise or final determination thereof. The cost and expense of counsel retained by the Board in these circumstances shall be borne by Bidder and Bidder shall be bound by, and shall pay the amount of, any settlement, compromise, final determination or judgment reached while the Board was represented by counsel retained by the Board pursuant to this paragraph, or while Bidder was conducting the defense.

To the extent permissible by law, Bidder waives any limits to the amount of its obligations to

defend, indemnify, hold harmless, or contribute to any sums due under any losses, including any claim by any employee of Bidder that may be subject to the Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision (such as Kotecki v. Cyclops Welding Corporation, 146 Ill. 2nd 155 (1991)). The Board, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code, any other statute or judicial decision.


The indemnities set forth herein shall survive the expiration or termination of this Contract. 14. Non-Liability of Board Officials: Bidder agrees that no Board member, employee, agent,

officer and/or official shall be personally charged and/or held personally liable by Bidder, its members if a joint venture, and/or any subcontractors with any liability or expense under this Contract.

15. Insurance: Bidder, at its own expense, shall procure and maintain insurance covering all

operations under this Contract, whether performed by Bidder or by subcontractors. All insurers shall be licensed by the State of Illinois and rated A-VII or better by A.M. Best or a comparable rating service. Bidder shall submit to the Board satisfactory evidence of insurance coverage prior to commencement of Services under this Contract. Minimum insurance requirements include the coverage set forth below and when applicable, any additional insurance will be specified in Section III, Specific Terms and Conditions, Insurance:

A. Workers' Compensation and Employers' Liability Insurance: Workers' Compensation Insurance affording workers' compensation benefits for all employees as required by law and Employers' Liability Insurance with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence. The workers’ compensation policy must contain a waiver of subrogation clause. B. Commercial General Liability Insurance: Commercial General Liability Insurance or equivalent with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, and Two Million Dollars ($2,000,000.00) in the aggregate for bodily injury, personal injury and property damage liability. Coverage shall include, but not be limited to: all operations, contractual liability, independent contractors, products/completed operations (for a minimum of two (2) years following completion), and defense. C. Automobile Liability Insurance: Automobile Liability Insurance when any motor vehicle (whether owned, non-owned or hired) is used in connection with this Contract, with limits of not less than One Million Dollars ($1,000,000.00 per occurrence for bodily injury and property damage. D. Additional Insured: Bidder shall have its General and Automobile Liability Insurance policies endorsed to provide that “the Board of Education of the City of Chicago, a body politic and corporate, and its members, employees and agents, and any other entity as may be designated by the Board are named as additional insured on a primary basis without recourse or right of contribution from the Board”.

The insurance company, or its representative, shall submit an insurance certificate evidencing all

coverage as required hereunder and indicating the Additional Insured status as required above. The Board reserves the right to withhold payment under this Contract pending receipt of satisfactory proof of insurance meeting the requirements set forth herein. The Certificate must provide thirty (30) days prior written notice of material change, cancellation, or non-renewal be given to:

Risk Management Board of Education of the City of Chicago 125 S. Clark Street, 7th Floor Chicago, Illinois 60603

Copy to: Chief Procurement Officer Board of Education of the City of Chicago Department of Procurement 125 S. Clark Street, 10th Floor Chicago, Illinois 60603


ATTN: Patricia Hernandez, CPPB Any failure of the Board to demand or receive proof of insurance coverage shall not constitute a

waiver of Bidder’s obligation to obtain the required insurance. The receipt of any certificate does not constitute agreement by the Board that the insurance requirements in this Contract have been fully met or that the insurance policies indicated on the certificate are in compliance with all Contract requirements. Bidder’s failure to carry or document required insurance shall constitute a breach of the Bidder’s Contract with the Board. In the event Bidder fails to fulfill the insurance requirements of this Contract, the Board reserves the right to stop all work until proper evidence of insurance is provided, or this Contract may be terminated.

Any deductibles or self-insured retentions on referenced insurance coverage must be borne by

Bidder. Any insurance or self-insurance programs maintained by the Board of Education do not contribute with insurance provided by the Bidder and subcontractors under this Contract. All Bidder and subcontractor insurance is considered by the parties to this Contract to be primary and collectible above all other coverage, including, but not limited to, the Board’s insurance and self insurance.

All subcontractors are subject to the same insurance requirements of Bidder unless otherwise

specified in this Contract. The Bidder shall require any subcontractors under this Contract to maintain comparable insurance naming the Bidder, the Board inclusive of its members, employees and agents, and any other entity designated by the Board, as Additional Insureds. The Bidder will maintain a file of subcontractor’s insurance certificates evidencing compliance with these requirements.

The coverages and limits furnished by Bidder in no way limit the Bidder's liabilities and

responsibilities specified within this Contract or by law. The required insurance is not limited by any limitations expressed in the indemnification language in this Contract, if any, or any limitation that might be placed on the indemnity in this Contract given as a matter of law.

The Bidder agrees that insurers waive their rights of subrogation against the Board.

Winning Bidder(s) must register with the insurance certificate monitoring company designated by the Board (see below), and must maintain a current insurance certificate on file during the entire Term of the Contract. Winning Bidder(s) must register and pay the initial annual monitoring fee to the insurance certificate monitoring company prior to performing services for the Board. The initial annual monitoring fee is currently Twelve Dollars ($12.00) per year, but the fee may be subject to change. Each year, Board-approved, registered vendors will be notified 30 to 45 days prior to the expiration date of their required insurance coverage (highlighted on their latest submitted insurance certificate on file) in order to submit an updated insurance certificate with the insurance certificate monitoring company. Insurance certificate submissions and related annual fees are required to be made online at the dedicated website established by the certificate monitoring company (see URL below). Should you have any questions on submissions and payment options, you can contact the certificate monitoring company.

Certificate Monitoring Company: Topiary Communications Inc. 676 N. LaSalle - Suite 230 Chicago, IL 60654 Phone: (312) 494-5709 Email: [email protected]


URL: http://www.cpsvendorcert.com (designated website for online registration, insurance certificate submissions and annual fee payments)

16. Non-Discrimination: It shall be an unlawful employment practice for Bidder or any of its

subcontractors to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to compensation, or other terms, conditions, or privileges of employment, because of such individual's race, color, national origin, religion, sex, gender identity/expression, sexual orientation, age or disability; or to limit, segregate, or classify employees or applicants for employment in any way that would deprive or tend to deprive any individual from equal employment opportunities or otherwise adversely affect an individual's status as an employee because of such individual's race, color, national origin, religion, sex, gender identity/expression, sexual orientation, age or disability. Bidder shall particularly remain in compliance at all times with: the Civil Rights Act of 1964, 42 U.S.C.A. § 2000a, et seq.; the Age Discrimination in Employment Act, 29 U.S.C.A. § 621, et seq.; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.A. § 701, et seq.; the Americans with Disabilities Act, 42 U.S.C.A. § 12101, et seq.; the Illinois Human Rights Act, 775 ILCS 5/1-101, et seq.; the Illinois School Code, 105 ILCS 5/1-1 et. seq.; the Illinois Public Works Employment Discrimination Act, 775 ILCS 10/0.01 et seq.; the Individuals with Disabilities Education Act (IDEA) 20 U.S.C.A. § 1400; and the Chicago Human Rights Ordinance, ch. 2-160 of the Municipal Code of Chicago, all as amended and all other applicable federal, state, and municipal statutes, regulations, ordinances, and other laws. Nothing in this paragraph is intended nor shall be construed to create a private right of action against the Board or any of its employees. Furthermore, no part of this paragraph shall be construed to create contractual or other rights or expectations for the Bidder’s employees or the Bidder’s subcontractors’ employees.

17. Assignment: This Contract shall be binding on the parties and their respective successors and assigns; provided, however, Bidder may not assign this Contract or any obligations imposed hereunder without the prior written consent of the Board.

18. Entirety of Agreement and Amendments: This Contract, including all attachments and addenda, constitutes the entire agreement of the parties with respect to the matters contained herein. No modification of or amendment to this Contract shall be effective unless such modification or amendment is in writing and signed by both parties. Any prior agreements or representations, either written or oral, relating to the subject matter of this Contract are of no force or effect. The Board shall not be bound by any terms and conditions in any packaging, service catalogue, brochure, technical data sheet or other document which attempts to impose any conditions that waive, abridge, or abrogate the terms and conditions contained in this bid solicitation or Contract, or the Board’s contractual rights as provided under state or federal law.

19. Continuing Obligation To Perform: In the event of any dispute between Bidder and the Board, Bidder shall expeditiously and diligently proceed with the performance of all of its obligations under this Contract with a reservation of all rights and remedies it may have under or pursuant to this Contract at law or in equity.

20. Survival/Severability: All express representations or indemnifications made or given in this Contract shall survive the expiration or termination of this Contract for any reason. If any provision or part of this Contract is held to be unenforceable, this Contract shall be considered divisible and such provision shall be deemed inoperative to the extent it is deemed unenforceable, and in all other respects this Contract shall remain in full force and effect; provided, however, that if any such provision may be made enforceable by limitation thereof, then such provision shall be deemed to be so limited and shall be enforceable to the maximum extent permitted by applicable law.

21. Governing Law: This Contract shall be governed by and construed in accordance with the laws of the State of Illinois without regard to any conflict of law or choice of law principles.


Bidder irrevocably submits itself to the original jurisdiction of those courts located in the County of

Cook, State of Illinois, with regard to any controversy arising out, or relating to, or in any way concerning the execution or performance of this Contract. Bidder agrees that service of process on the Bidder may be made, at the option of the Board, by either registered or certified mail to the address specified on the Bid Execution Page, by registered or certified mail addressed to the office actually maintained by the Bidder, or by personal delivery on any officer, director, or managing or general agent of the Bidder. If any action is brought by the Bidder against the Board concerning this Contract, the action shall only be brought in those courts located within the County of Cook, State of Illinois.

22. Waiver: No delay or omission, or series of delays or omissions, by the Board to exercise any

right hereunder shall be construed as any type of waiver of any such right, and the Board reserves the right to exercise any such right from time to time as often as may be deemed expedient.

23. Conflict of Interest: This Contract is not legally binding on the Board if entered into in violation of the provisions of 105 ILCS 5/34-21.3 which restricts the employment of, or the letting of contracts to, former Board members during the one year period following expiration or other termination of their terms of office.

24. Indebtedness: Bidder agrees to comply with the Board's Indebtedness Policy adopted June 26, 1996 (96-0626-PO3), as may be amended from time to time, which policy is hereby incorporated by reference as if fully set forth herein.

25. Inspector General: Each party to this Contract hereby acknowledges that in accordance with 105 ILCS 5/34-13.1, the Inspector General of the Chicago Board of Education has the authority to conduct certain investigations and that the Inspector General shall have access to all information and personnel necessary to conduct those investigations.

26. Right of Entry: Bidder and any of its Staff supplying Products shall be permitted to enter upon a school site or other Board property in connection with the supply of the Products hereunder, subject to the terms and conditions contained herein and those rules established by the Board. Bidder shall provide advance notice to the Board whenever applicable, of any such intended entry. Consent to enter upon a school site or other Board property given by the Board shall not create, nor be deemed to imply, the creation of any additional responsibilities on the part of the Board. Bidder shall use, and shall cause each of its Staff to use, the highest degree of care when entering upon any property owned by the Board in connection with the supply of the Products. In the case of any property owned by the Board, or property owned by and leased from the Board, Bidder shall comply and shall cause each of its Staff, to comply with any and all instructions and requirements of Board or authorized Board representative for the use of such property. Any and all claims, suits or judgments, costs, or expenses, including, but not limited to, reasonable attorneys fees, arising from, by reason of, or in connection with any such entries shall be treated in accordance with the applicable terms and conditions of this Bid including without limitation the indemnification provisions contained in this Contract.

27. Joint and Several Liability: In the event that Bidder, or its successors or assigns, if any, is comprised of more than one individual or other legal entity (or a combination thereof) then, and in that event, each and every obligation or undertaking herein stated to be fulfilled or performed by Bidder shall be the joint and several obligation or undertaking of each such individual or other legal entity.

28. MBE/WBE Program: Bidder acknowledges that it is familiar with the requirements of the Board’s “Remedial Program for Minority and Women Owned Business Enterprise Participation in Goods


and Services Contracts”, which is incorporated herein by reference as if fully set forth herein. Bidder agrees to adhere to the minimum participation goals set forth herein and to all other applicable MBE/WBE requirements as set forth in the program. Bidder agrees to submit such documentation in connection with the program as may be requested by the Board.

29. Notices: All notices required under this Contract shall be in writing and sent to (1) the Bidder at the address and to the person set forth on the Bid Execution Page or to such other addresses or person as may be designated by Bidder in writing, and (2) to the Board at the addresses set forth below. All notices shall be deemed received when (i) delivered personally; (ii) sent by confirmed telex or facsimile (followed by the actual document); or (iii) one (1) day after deposit with a commercial express courier specifying next day delivery, with written verification of receipt.

IF TO THE BOARD: Chief Procurement Officer Board of Education of the City of Chicago Department of Procurement

125 South Clark Street, 10th Floor Chicago, Illinois 60603 Copy to: General Counsel

Board of Education of the City of Chicago - Law Department 125 South Clark Street, 7th Floor Chicago, Illinois 60603

30. Force Majeure: Neither party will be liable for any failure or delay in performance under this

Contract due to fire, explosion, earthquake, flood or other natural disaster, unavailability of necessary utilities or raw materials, war, insurrection, riot, act of God or the public enemy, or any other event beyond the reasonable control (each a “Force Majeure”) of the party whose performance is to be excused, provided that such party gives the other party written notice thereof promptly and, in any event, within seven (7) calendar days after discovery thereof and uses its best efforts to continue to so perform or cure. In the event of such a Force Majeure, the time for performance or cure will be extended for a period equal to the duration of the Force Majeure. Where the Bidder’s performance is to be excused due to a Force Majeure but such delay would substantially impair the performance of the Board’s operations under this Contract, the Board shall have the right to terminate this Contract immediately upon written notice to the Bidder.


III. SPECIFIC TERMS AND CONDITIONS

1. Authority: Bidder understands and agrees that Bidder is not an authorized representative of the

Board or the Chicago Public Schools. All agreements and approvals (written or verbal) of the Board or the Chicago Public Schools must be made by authorized Board employee(s).

2. Review of Acceptance: Bidder shall not commence the Services and the Board shall not be liable for any costs incurred by Bidder, without a Contract executed by the Board.

3. Account Management: Bidder must provide a single point-of-contact (Account Manager) who is

assigned to oversee and manage the day-to-day activities of this relationship with the Board as well as overall management of the customer service issues and reporting. The awarded Bidder shall also be required to have periodic meetings with the Department of Procurement personnel for regular contract review meetings as well as an annual business review at a time determined by the Department of Procurement. Bidder must also provide management reporting related to the Board’s spending with the Bidder including, but not limited to, summary reports on spending trends and on expenditures of Products from the Bidder by category on a quarterly basis. Bidder must support the Board with an appropriate number of personnel to meet the Board’s needs.

4. Principals and Authorized Personnel Right to Direct: The principals and other authorized personnel of the Board (“Users”) shall have the authority, to the maximum extent possible, to direct Bidder and its subcontractors when delivering Products on Board property.

5. Board Not Subject to Taxes: The federal excise tax does not apply to the Board by virtue of Exemption Certificate No. 36-600584, and the State of Illinois sales tax does not apply to the Board by virtue of Exemption No. E9997-7109. The compensation set in the Bid Tabulation Pages is inclusive of all other taxes that may be levied or based on this Contract, including without limitation sales, use, nonresident, value-added, excise, and similar taxes levied or imposed on the Services to be provided under this Contract, but excluding taxes levied or imposed on the income or business privileges of the Bidder. The Bidder shall be responsible for any taxes levied or imposed upon the income or business privileges of the Bidder.

6. Restocking Fees: There shall be no restocking fees permitted for any Product returned to Bidder.

7. Product Compliance: All Products shall comply with applicable local, state and federal health and safety standards including, without limitation, the Consumer Protection Agency, Federal Trade Commission and Federal Drug Administration standards and guidelines.

8. Product Recall: In accordance with Section II, General Terms and Conditions, paragraph 29 of the Contract, Bidder shall notify the Board within forty-eight (48) hours of Bidder’s receipt of any manufacturer or government issued recalls on Products purchased by the Board pursuant to the Contract. All Products purchased by the Board subject to a recall shall be replaced at no cost to the Board by Bidder with the same make and model Product within ten (10) business days of Bidder notifying the Board of the recall. If the same make and model Product is not available due to the recall, then Bidder shall provide a Product comparable to the recalled Products in terms of quality and price. Acceptance of the comparable Product shall be at the sole discretion of the Chief Procurement Officer. If the Chief Procurement Officer rejects in writing the comparable Product, Bidder shall remove all the recalled Products from the Board sites and provide a full refund for each recalled Product within ten (10) business days of receiving the Chief Procurement Officer’s rejection of the comparable Products. Replacement of the recalled Products shall include delivery of the same make and model Products or the comparable Products (if accepted) to the sites where the recalled Products are located and removal of the recalled Products at no cost to the Board. Bidder shall remove all recalled Products from Board property at the time the replacement Products are delivered.

III. SPECIFIC TERMS AND CONDITIONS

9. Warranty: Bidder hereby warrants that all Products furnished hereunder shall be new and conform to the specifications in Section IV (“Specifications”) and in Attachment D (“CPS Standard Specifications”). Bidder shall assign to the Board the benefits of any manufacturer’s warranty of the Products and shall cooperate with the Board in securing any and all remedies of such warranty during the Term of the Contract for the benefit of the Board. Bidder warrants that the Products shall be of merchantable quality and in good working order, and shall be free from defects in material, workmanship and design for the warranty period(s) stated in the CPS Standard Specifications. The Board shall have the option to require Bidder to repair or replace defective Products without charge or expense, or to reject any defective Products and obtain a full refund or credit for any payment therefore. Repaired Products shall be warranted for the period stated in the CPS Standard Specifications from completion of repairs or the remainder of the Product’s original warranty, whichever is longer. This warranty shall survive inspection, acceptance, payment and expiration or termination of this Contract.

10. Participation by Other Local Government Agencies: Other local government agencies (“Local Government Agencies”) may be eligible to purchase Products pursuant to the terms and conditions of this Contract if such agencies are authorized, by law or their governing bodies, to execute such purchases, and if such authorization is allowed by the Board of Education’s Chief Procurement Officer, and if such purchases have no significant net adverse effect on the Board and result in no observed diminished ability on the Bidder to supply the Products to the Board or Board’s user departments pursuant to such purchases. Local Government Agencies shall include without limitation: City of Chicago, Chicago Park District, City Colleges of Chicago, Chicago Transit Authority, Chicago Housing Authority, Chicago Board of Elections, Metropolitan Pier & Exposition Authority (McCormick Place, Navy Pier), and the Municipal Courts. All purchases and payment transactions shall be made directly between the Bidder and the requesting Local Government Agency; the Board shall not be responsible for payment of any amounts owed by any Local Government Agency to Bidder. The Board assumes no authority, liability or obligation on behalf of any Local Government Authority.

11. Charter School Participation: Charter schools which receive funding from the Board shall be eligible to purchase Products pursuant to the terms and conditions of this Contract and, if such charter schools are authorized by their governing bodies to execute such purchases, by issuing their own purchase order(s) to Bidder. The Board shall not be responsible for payment of any amounts owed by charter schools. The Board assumes no authority, liability or obligation on behalf of any charter school.


IV. SPECIFICATION OF PRODUCTS

1. BACKGROUND INFORMATION The successful Bidder will supply and deliver approximately 1,800 window mounted air conditioning units and accessories as outlined in the Bid Tabulation Pages; Attachment D, CPS Standard Specifications; and as determined by CPS. All Products, including approximately 1,800 window mounted air conditioning units, 100 additional remote controls, and 100 additional filters for large units, must be ready for immediate delivery and installation. The successful Bidder will need to make curbside deliveries to approximately 50 Chicago Public Schools and facilities at no additional charge to CPS. Deliveries will be coordinated by an authorized CPS Representative 24-48 hours in advance and deliveries may need to be coordinated with other CPS vendors. The Seller must identify a primary point of contact for the Services and provide contact information to CPS. 2. GENERAL INFORMATION If an awarded brand/model is discontinued during the award period, the awarded Bidder may offer a replacement item at the same or lower price as the original item. The replacement item must meet or exceed minimum specifications of the awarded brand/model as well as current industry standards. Replacement units must be made available to the Board’s CPO for review and approval prior to substitution. The Board reserves the right to accept or reject the replacement item. Quantities/amounts shown on the Bid Tabulation Page or in this Bid Solicitation are estimates. Bidders are advised that the actual number purchased/required may vary from those indicated herein, depending upon the needs of the Board and the availability of funds. Unit prices bid shall apply regardless of any increase or decrease in the estimated quantities shown herein. If after the award of the bid there is a decrease in the price of product from the manufacturer, or a rebate, the successful Bidder will pass that price decrease and/or rebate onto the Board.

Regardless of whether a time limit is specified for particular tasks or duties, it is intended that the successful Bidder will perform its obligations under this Contract promptly, with sufficient staffing, and all in accordance with the standard of performance in this Contract. AUTHORIZED CPS REPRESENTATIVE: Elizabeth Fisk Smith FINAL DELIVERY DATE: By July 15, 2014 DELIVERY LOCATIONS: Approximately 50 TBD Chicago Public Schools and facility locations. It is expected that consistent deliveries of the Products will need to occur beginning June 20 and completed before the Final Delivery Date as established by the CPS Authorized Representative. Bidder must state the guaranteed delivery date of Products in number of calendar days from the effective date of the Contract. Bidder shall deliver the Products at the earliest possible date following award of Contract.

V. SUBMITTAL REQUIREMENTS

FAILURE TO SUBMIT ANY OF THE SUBMITTAL REQUIREMENTS WILL DEEM THE BIDDER AS NON-RESPONSIVE AND THE BID WILL NOT BE FURTHER CONSIDERED. All original signature bids shall be submitted with pages numbered in a plastic three-ring binder with section dividers for each item listed below. Please do not send in spiral or velo binders. Each bid shall be submitted on standard 8 ½” x 11” bond paper bound on one side. Expensive papers and bindings are discouraged since no materials will be returned to the Bidder. 1. Format of Bid Response: All bids shall be submitted with pages numbered in a plastic three-

ring binder with section dividers for each item listed in Section 2 below. Please do not send in spiral or velo binders. Each bid shall be submitted on standard 8 ½” x 11” bond paper bound on one side. Expensive papers and bindings are discouraged since no materials will be returned to the Bidder. All electronic bids must be submitted on a Compact Disc (CD) or USB Drive. The CD or USB Drive must be clearly labeled with the Bidder’s company name. Each submittal section of the electronic bid must be separated into a different file.

2. Contents of Response:

A. Bid Tabulation Pages: The Bid Tabulation Spreadsheet must be completed by Bidder in compliance with Section VII. B. Bid Execution Page: The Bid Execution Page must be appropriately completed. C. Contractor Disclosure Form (Refer to Attachment A): The Contractor’s Disclosure Form must be filled out in its entirety, signed and notarized and submitted with bid response. D. W-9 Tax Form (Refer to Attachment B): W-9 Form Request for Taxpayer Identification Number and Certification Affidavit properly completed.

E. MBE/WBE Compliance Plan (Refer to Attachment C): As the scope of this bid solicitation is exempt from the provisions of the M/WBE Program, there are no submittal requirements relative to M/WBE participation for this contract. F. References: A minimum of three (3) references from entities for which the Bidder is currently providing, or has in the past provided programs of similar scope and magnitude. Bidder shall provide the name and telephone number of all contact persons. The Board reserves the right to contact these references. G. Financial Statements: Electronic copies on Compact Disc (CD) or USB Drive of audited financial statements or tax returns signed by the preparer (only if audited financial statements are not available) for the three (3) previous fiscal years must be provided. Financial Statements must include auditor's letter of opinion, auditor's notes, balance sheet, and statement of income/loss. Each prime or joint venture partner must submit this information. The Board reserves the right to accept alternative information and/or documentation submitted by Proposer(s). The financial statements shall only be included with the electronic submission. H. Insurance requirements: Evidence of current insurance coverage must be submitted. If awarded this Contract, and Bidder’s current coverage does not meet the requirements stated in this Bid, the Bidder shall acquire the required insurance coverage, prior to supplying any Products. I. Licenses: Submit copies of your entities’ applicable City of Chicago, State of Illinois licenses, and all other licenses relevant to the performance of this Contract J. Longevity of Business Organization: List, and briefly describe how long your organization has been in business including any documentation that will support this information.

V. SUBMITTAL REQUIREMENTS

K. Joint Ventures: A copy of the executed joint venture agreement, if applicable, must be submitted. Indicate N/A if Bidder will not be part of a joint venture agreement.

L. Legal Actions: List, and briefly describe, any and all legal actions for the past three (3) years in which the Bidder has been a debtor in bankruptcy, a defendant in a lawsuit for deficient performance under a contract or agreement; a respondent in an administrative action for deficient performance, or a defendant in a criminal action. Indicate N/A if Proposer does not have any legal actions as described above. M. Work History with Board: List, and briefly describe, any past work history with the Board, including the specific project worked on or the specific products delivered to the Board.

N. Inventory: Bidder shall submit evidence of its ability to provide the Products as outlined in the Bid Solicitation, including in-house inventory of all items listed in the Bid Tabulations as well as letters from the manufacturers on the manufacturer’s letterhead, attesting to the Bidder’s long standing agreements with manufacturer. O. Bidder’s Product Catalog: Submit technical specifications together with illustrative materials providing brand name and model number of the item for the Products Bidder will deliver if its bid is accepted by the Board. Each specification should include the corresponding unit number as provided in Specification of Products found in Section IV. Bidder’s product catalog must include current pricing and, if applicable, any catalog corrections. P. CPS Standard Specifications: Bidder shall submit all information and written documentation supporting that the Products comply with the CPS Standard Specifications, including but not limited to any information and written documentation regarding any factory’s, manufacturer’s, dealer’s, and/or Bidder’s warranty and/or guarantee coverage for the Products, Q. Technology Capabilities of Bidder: The Board has implemented Oracle’s I-Procurement and I-Supplier Portal for purchasing transaction processing including the creation and maintenance of purchase requisitions and purchase orders. The Board also uses Procurement Cards (P-cards) to pay suppliers for filled purchase orders. The P-card currently uses a MasterCard issued by Citi Bank. The Board, at its discretion, reserves the right to change cards or banks at any time. It is preferred that bidder(s) selected have the technical capabilities listed below. Briefly describe whether Proposer has the following technical capabilities:

i. Ability to provide the Board with punch-out or transparent punch-out capabilities to the bidder’s web site or through a business to business portal, such as Oracle Exchange.

ii. Ability to provide the Board with an item catalog, and a content management process to ensure current and accurate content.

iii. Ability to exchange data electronically for the following transactions, through EDI (Electronic Data Interchange).

1) Purchase Orders (ANSI-X12 Format, 850 Transaction Set). 2) Purchase Order Acknowledgements (ANSI-X12 Format, 855 Transaction Set). 3) Purchase Order Change Request (ANSI-X12 Format, 860 Transaction Set). 4) Advance Shipment Notice (ANSI-X12 Format, 856 Transaction Set). 5) Invoice (ANSI-X12 Format, 810 Transaction Set). 6) Receiving Advice (ANSI-X12 Format, 861 Transaction Set).

iv. Ability to use iSupplier portal (provided by the Board) to receive and acknowledge purchase orders, and query invoice and payment information.

v. Ability to accept ACH (Automatic Clearing House) payments. vi. Ability to accept MasterCard for payment (as a P-card Transaction). vii. Ability to pass Level II or Level III data in the credit card transaction.


VI. EVALUATION CRITERIA AND BASIS OF AWARD

1. SELECTION PROCESS a) Evaluation Committee: An Evaluation Committee, which will include representatives

from the Department of Facilities, the Department of Procurement and may include representatives from other Board Departments, will review and evaluate the bids, in accordance with the evaluation criteria set forth below. The Evaluation Committee will submit its recommendation to the Chief Procurement Officer for review and concurrence, and request that the Chief Procurement Officer recommend to the Board that those Bidder(s) meeting the Board’s criteria be awarded this Contract.

b) Competency of Bidder: No award will be made to any person, firm or corporation that is in arrears or is in default with the Board, the City of Chicago, the State of Illinois and/or the County of Cook upon any debt or contract, or that is a defaulter upon any obligation to the Board, or has failed to perform faithfully on any previous contract with the Board.

c) Consideration of Bids: The Chief Procurement Officer shall represent the Board in all

matters pertaining to this bid. The Chief Procurement Officer reserves the right to reject any Bid and to disregard any informality in the Bids when, in his opinion, the best interest of the Board will be served by such action.

d) Addenda to this Bid Solicitation: If Bidder is in doubt as to the true meaning of a part

of this bid solicitation, a written request for interpretation thereof may be submitted to the Chief Procurement Officer. Any revisions of this bid solicitation deemed necessary by the Chief Procurement Officer will be made only by an addendum issued by the Department of Procurement prior to the due date of this bid. A copy of any such addendum will be posted on the Department of Procurement website at: http://www.csc.cps.k12.il.us/purchasing/bid_openings.html and may be e-mailed or mailed to Bidders who have not waived receiving such materials directly. Failure on the part of the Bidder to receive any written addenda will not be grounds for withdrawal of a Bid. Bidder must acknowledge receipt of each addendum issued on the Bid Execution Page. Oral clarifications offered by any Board employees will not be binding on the Board.

2. EVALUATION CRITERIA

Bidder shall be evaluated on the following criteria: a) Longevity of business organization.

b) Experience with other contracts of a similar type.

c) The financial stability of the Bidder.

d) The past performance of the Bidder on other contracts with the Board and any other

entity in terms of quality of work and compliance with performance schedules. The Evaluation Committee may solicit from previous clients, including the Board, other government agencies, or any other available sources, relevant information concerning the Bidder’s record of past performance.

e) The quality of the responses received from the three (3) references.

f) Capacity of the Bidder to supply the Products on a timely basis.

g) Submission of all submittal requirements.

h) Legal actions which may affect performance under this Contract.

VI. EVALUATION CRITERIA AND BASIS OF AWARD

i) Compliance with the Insurance Requirements cited herein.

j) Licenses to do business in the City of Chicago and/or the State of Illinois, as applicable,

and all other licenses and certifications as may be necessary to supply the Products. k) Lowest, responsive, responsible Bidder.

3. BASIS OF AWARD

This Contract will be awarded to the Bidder who meets the Board’s Evaluation Criteria set forth herein. The Board reserves the right to award a Contract to one or more than one Bidder or to reject any or all bids, when, in the Board’s opinion the best interest of the Board will be served.


VIII. BID TABULATION PAGES

NOTE: ALL BID SUBMISSIONS ARE SUBJECT TO REVIEW FOR COMPLETENESS, ACCURACY AND COMPLIANCE WITH ALL TERMS AND CONDITIONS PROVIDED IN THE BID SPECIFICATION. PRICING MUST BE SUBMITTED ON THE BID TABULATION PAGES WITHOUT CONDITIONS. ANY CHANGES, MODIFICATIONS, ADDITIONAL TERMS AND CONDITIONS, EXCEPTIONS OR OTHER REVISIONS TO THIS BID, INCLUDING THE TABULATION PAGES, OR FAILURE TO COMPLETE ALL REQUIRED INFORMATION, MAY CAUSE THE BID TO BE DEEMED NON-RESPONSIVE. Bid Tabulation Pages are required for completion in a Microsoft Excel Spreadsheet only. The spreadsheet(s) must be downloaded from the Department of Procurement website. The Bid Tabulation spreadsheets completed by Bidder must be inserted into Section VII of this Contract. No ink or pencil submissions will be accepted. Instructions for Completing the Bid Tabulation Spreadsheets: Bidder is responsible for electronically entering information into the unlocked cells in the Bid Tabulation Pages in the Excel spreadsheet. Bidder must complete all unlocked cells in the following fields:

• Unit Number

• Description of Item

• Manufacturer Name

• Bidder’s Unit Price

The following fields are locked and will be filled in automatically within the Excel spreadsheet:

• Total Bid Price (Bidder’s Unit Price x Estimated Quantities)

• Aggregate Total (Equals Sum of Total Bid Prices)

Explanation of Columns:

• Column A (Unit Number): The Unit Number is a unique identifier for each Product. The Unit Number will be used for internal procurement tracking.

• Column B (Product Description): The Product Description column lists the required specifications for the biddable item.

• Column C (Manufacturer Name): Bidder must provide the Manufacturers Name of the Product.

• Column D (Bidder’s Unit Price): Bidder must provide the Bidder’s Unit Price.

• Column E (Estimated Quantities): Estimated Quantities provides an estimate of the number of items that the Board may be purchasing during the Term of the Contract. However, the Estimated Quantities provided are informational only and do not obligate the Board to purchase any minimum amounts. The Bid Prices in the Bid Tabulation Pages must be provided to the Board for all quantities purchased, regardless of the number of Estimated Quantities listed.

• Column F (Total Bid): The Total Bid Price equals the Bidder’s Unit Price multiplied by the Estimated Quantities (calculated automatically).

• Total Aggregate is the sum of Total Bid Price for each line item listed.

If the Bidder’s Price and the Total Bid Price expressed by the Bidder for any Product/Service are not in agreement, the Unit Price alone will be considered as representing the Bidder’s intention. The Board will correct the Total Bid Price and Aggregate Total.

VIII. BID TABULATION PAGES

Signature and Contact Information The Bid Tabulation Pages must include a printed name, signature, title, telephone number and name of an authorized representative of the Bidder.

VIII. BID EXECUTION PAGE

The undersigned, hereby acknowledges having received Specification No. 14-250020 containing a full set of documents, including, 1) General Invitation, 2) General Terms and Conditions, 3) Specific Terms and Conditions, 4) Specification of Products, 5) Submittal Requirements, 6) Evaluation Criteria and Basis of Award, 7) Bid Tabulation Pages, 8) Bid Execution Page, 9) Attachments A, B, C and 10) Addenda Nos. _________ (none unless indicated here). The Bidder is responsible for reading and understanding all sections of this bid, and affirms that the Bidder shall be bound by all of the terms and conditions contained in this bid. The undersigned understands, by signing this document, that all documents submitted to the Board of Education of the City of Chicago (“Board”) are a matter of public record and are subject to the Illinois Freedom of Information Act, 5 ILCS 140/1-11 (“FOIA”). Bidder acknowledges that if the Board receives a FOIA request for your bid the Board must release those documents to the requester. However, the Board will consider redacting any Addendum to your bid which is attached under separate cover and designated “Trade secrets and commercial or financial information where the trade secrets or information are proprietary or where disclosure may cause competitive harm”. (5 ILCS 140/7(1)(g)). Any portion of this Addendum designated as trade secrets or proprietary information which does not fall directly within this FOIA exemption will be subject to release by the Board pursuant to FOIA. The Board will not honor Bidder’s request to mark the entire bid or substantial parts of the bid as confidential. In such cases, the entire bid will be subject to disclosure under FOIA. If Bidder is awarded this Contract, Bidder acknowledges that the bid Contract will be posted online on the CPS website. If Bidder designates any portion of the Bid proposal as exempt under FOIA, Bidder shall be responsible for submitting a redacted copy of the bid proposal and the redacted version shall be posted online. Bidder agrees to indemnify, defend and hold the Board harmless from and against any loss, damage, expense, penalty, or cost, including any and all legal fees, sought in every claim or suit of any kind arising out of the Board redacting those portions of the bid, proposal or Addenda designated as trade secrets or proprietary information. Further, the undersigned, being duly sworn, states on oath that no disclosures of ownership have been withheld from the Board, that the information provided herein is current, and Bidder and its officers and employees have not entered into any agreement with any other bidder or prospective bidder or with any other person, firm or corporation relating to any prices or other terms named in this bid or any other bid, nor has it entered into any agreement or arrangement under which a person, firm or corporation is to refrain from responding to this bid. BIDDER'S NAME:____________________ ADDRESS:_________________________ By:_______________________________ CITY:______________________________

(Signature) TELEPHONE: _______________________

NAME: ____________________________ TITLE:____________________________ (Printed) ATTEST BY:_________________________ Subscribed and Sworn to before me this

(Signature) day of ______________, ______.

NAME: ___________________________

TITLE: ___________________________ Corporate Seal (requested, not required) _________________________________

Notary Public Signature Seal of Notary

VIII. BID EXECUTION PAGE

AWARD OF CONTRACT

Date of Award: ___________________________ Term of Contract: _______________________________ By execution below, the Board accepts the offer of _________________________________ in an amount not to exceed ___________________. BOARD OF EDUCATION OF THE CITY OF CHICAGO Board Report No.: ______________________ By: ______________________________ David J. Vitale, President Approved as to legal form: Attest: ___________________________ ___________________________________ Estela G. Beltran, Secretary James L Bebley, General Counsel

ATTACHMENT A

Contractor’s Disclosure Form

1 Last Updated: March 30, 2012

Jean-Claude BrizardCHICAGO PUBLIC SCHOOLS Chief Executive Officer

DEPARTMENT OF PROCUREMENT AND CONTRACTS 125 South Clark Street, 10th Floor * Chicago, Illinois 60603 * Telephone: 773-553-2280

http://www.csc.cps.k12.il.us/purchasing

Sébastien de Longeaux Chief Procurement Officer

NOTICE TO SUPPLIER’S/PROSPECTIVE BIDDERS

Complete and return the attached Notarized Contractor’s Disclosure Form. Minority or Women Owned Business please attach a copy of your Government Certification Letter. UPCOMING SOLICITATIONS WILL BE ADVERTISED IN THE CHICAGO TRIBUNE NEWSPAPER IN THE LEGAL NOTICE SECTION OR VIA OUR WEB SITE WWW.CSC.CPS.K12.IL.US/PURCHASING. Vendor’s based out of Illinois may call 773-553-2280 to request that a Bid package(s) be mailed. It must be noted that the Chicago Public Schools will not be responsible for the timely receipt of the bid(s).

2

Jean-Claude Brizard CHICAGO PUBLIC SCHOOLS Chief Executive Officer

DEPARTMENT OF PROCUREMENT AND CONTRACTS 125 South Clark Street, 10th Floor * Chicago, Illinois 60603 * Telephone: 773-553-2280

http://www.csc.cps.k12.il.us/purchasing

Sébastien de Longeaux Chief Procurement Officer

DEPARTMENT OF PROCUREMENT AND CONTRACTS CONTRACTORS DISCLOSURE FORM

INSTRUCTIONS

1. Every Contractor submitting a bid or proposal to the Board of Education of the City of Chicago (“Board”) must complete and return a Contractor’s Disclosure Form.

2. The Contractor’s Disclosure Form must be complete and notarized. Failure to complete all parts of the

Contractor’s Disclosure Form will make a bid non-responsive and not eligible for award consideration.

3. In the event the Contractor’s is a joint venture, the joint venture and each of the joint venture partners must submit a complete Contractor’s Disclosure Form.

4. If the Contractor is fully or partially owned by one or more corporations, each Corporation must submit a

complete Contractor’s Disclosure Form.

5. This Contractor’s Disclosure Form need only be filed with the Department of Procurement and Contracts on a yearly basis. Any future bid or proposal submitted by the Contractor need only reference its previous submittal, the specification /contract number and the date the form was submitted.

6. Any changes in organizational structure, ownership, ethics compliance or any other material change of

the Contractor shall require submission of an amended form within five (5) working days of the change which shall be submitted to the Department of Procurement and Contracts citing the contract number, if applicable, and any such change shall be subject to Board approval.

7. Providing any false, incomplete or inaccurate information in the Contractor’s Disclosure Form will make

a bid non-responsive and not eligible for award consideration and may result in fines, penalties and/or debarment from bidding on contracts for a period of up to three (3) years.

8. The Board policies referenced in the Contractor’s Disclosure Form, including the Indebtness Policy,

Ethics Policy, and Debarment Policy are available upon request.

3 Last Updated: July 13, 2010

CONTRACTOR’S DISCLOSURE FORM

Specification/Contract Number: __________________________________________________________ List all CPS Vendor Numbers ___________________________________________________________ For the Contractor and related companies: ___________________________________________________________ Contractor Name: _____________________________________________________________________ Contractor Address: _____________________________________________________________________ City: ________________________ State: ________________ Zip Code _________ List all other Addresses of Contractor: ______________________________________________________ _______________________________________________________________ (Assumed Name, if any): _______________________________________________________________ Contact Person: _______________________________________________________________ Contractor Telephone No: _______________________________________________________________ Contractor Fax No.: _______________________________________________________________ Business Start Date: _______________________________________________________________ SIC Code or DUNS No., if available: ________________________________________________________ Description of Business Activity: ________________________________________________________ Business Volume (dollar amount), ________________________________________________________ for the last fiscal year: Federal Employer I.D. # or Social Security #: __________________________________________________ Supplier is a certified Minority/Women Business Enterprise: MBE ___ WBE ___ The undersigned _______________________________________, as _______________________________ (Name) (Title) and on behalf of ___________________________________________ (“Supplier”), (Business Name) on ______________________ certifies that all the information above is true and correct. (Date) A. DISCLOSURE OF OWNERSHIP INTEREST All Contractors shall provide the following information with their bid or proposal. If the question is not applicable, answer with “NA.” If the answer is none, please answer “none.” Supplier is a: ( ) For Profit Corporation ( ) Sole Proprietor/Consultant (check one) ( ) Partnership ( ) Not-For-Profit Corporation ( ) Limited Liability Company ( ) Other: ________________ ( ) Joint Venture

4

CONTRACTOR'S DISCLOSURE FORM

SECTION I. FOR PROFIT CORPORATIONS a. Incorporated in the State of _________________________________________________ b. Corporation in good standing Yes { } No { } c. Authorized to do business in the State of Illinois Yes { } No { }

(Attach Certificate of Authority to Transact Business) d. If the Contractor is a publicly held corporation, please provide copies of the corporation's published annual reports and/or Form

10-K's for the last three years. e. List below the names of all Officers of corporation (or Attach List):

List below the names of all Directors of corporation (or Attach List):

Name (Print or Type) Title (Print or Type) Address ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ f. If the corporation has fewer than 100 shareholders indicate below or attach a list of names and addresses of all shareholders and

the percentage interest of each.

Name (Print or Type) Address Ownership Interest ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ g. Is the corporation owned partially or completely by one or more other corporations? YES { } NO { } If "Yes", provide the above information, as applicable, for each of said corporations.

Name (Print or Type) Address Federal Employee ID# Ownership Interest ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ h. If the corporation has 100 or more shareholders, indicate below or attach a list of names, addresses of all shareholders owning

shares equal to or in excess of 10% of the proportionate ownership of the corporation and indicate the percentage interest of each. (If no shareholder owns 10% of the shares, enclose a copy of the corporation’s latest published annual report and/or Form 10-K.)

Name (Print or Type) Address Ownership Interest

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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SECTION 2. PARTNERSHIPS /LIMITED LIABILITY COMPANIES a. If the Contractor is a partnership or limited liability company indicate the name, address and ownership interest of each partner or

member. Please identify the general partners for limited partnerships and managing members for limited liability companies.

Name (Print or Type) Address Ownership Interest ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

SECTION 3. JOINT VENTURES a. If the Contractor is a joint venture indicate the name, address and ownership interest of each partner. Please attach a copy of the

fully executed joint venture agreement.

Name (Print or Type) Address Ownership Interest ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

SECTION 4. SOLE PROPRIETORSHIPS / CONSULTANTS

a. If the Contractor is a sole proprietor/consultant, is the Contractor acting in any representative capacity on behalf of any

beneficiary? YES { } NO { }. If "YES" complete items b and c of this Section. b. If the sole proprietorship is held by an agent(s) or a nominee(s), indicate the name, address of the principal(s) for the agent or

nominee holding such interest.

Name (s) of Principal (s) (Print or Type) Address ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ c. If the interest of a spouse or any party is constructively controlled by another person or legal entity indicate the name, address of such person or

entity processing such control and the relationship under which such control is being or maybe exercised:

Name (s) of Principal (s) ( Print or Type) Address Relationship ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

6


SECTION 5. NOT-FOR-PROFIT CORPORATIONS a. Incorporated in the State of _______________________________________ b. Authorized to do business in the State of Illinois Yes { } No { }

(Attach Certificate of Authority to Transact Business) c. Is corporation a 501(c) 3 organization? Yes { } No { } d. List below the names of all Officers of corporation (or Attach List):

List below the names of all Directors of corporation (or Attach List): Name (Print or Type) Title (Print or Type) Address

_____________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ _____________________________________________________________________________________________________________________________________

_______________________________

SECTION 6. LAND TRUSTS, BUSINESS TRUST, ESTATES & OTHER ENTITIES If the Contractor is a land trust, business trust, estate or other similar commercial or legal entity, indicate the name, address and ownership interest of any representative or entity holding legal title as well as each beneficiary in whose behalf title is held. Name (Print or Type) Address Ownership Interest ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ B. THE INDEBTEDNESS POLICY The Contractor acknowledges that it is familiar with the Board's Policy on Indebtedness (96-0626-PO3) adopted June 26, 1996, as amended from time to time. 1. Whenever used in this section, the following words and phrases shall have the following meaning: "Board" means the Board of

Education of the City of Chicago and includes all schools operated by the Board of Education. "Contract" means any agreement or transaction pursuant to which a contractor (i) receives Board funds in consideration for services; work; or goods provided or rendered, or (ii) pays the Board money in consideration for a lease, or license allowing it to rent or otherwise use Board property. "Debt" means a specified sum of money owed to the Board, the State of Illinois Student Assistance Commission, the City of Chicago, or the County of Cook for which the period granted for payment has expired. "Outstanding Parking Violation Complaint" means a parking ticket, notice of parking violation, or parking violation complaint on which no payment has been made or appearance filed in the Circuit Court of Cook County within the time specified on the complaint. "Substantial Owner" means any person who owns or holds a twenty-five percent (25%) or more percentage of interest in any bidder, potential Contractor or Contractor as revealed by disclosures required by the Chief Purchasing Officer, including those shareholders, partners, members, beneficiaries and principals more specifically described therein; except where the bidder, potential Contractor or Contractor is an individual or sole proprietorship, Substantial Owner means that individual or sole proprietorship.

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2. Is the Contractor delinquent in the payment of any Debt owed as defined above? YES ___ NO___ If “Yes”, please answer the following questions: Has the Contractor entered into an agreement with the Board, or any other entity mentioned in Section 1 above, for the payment

of all Debts owed and is in compliance with such agreement? YES ___ NO___ Is the Contractor contesting liability for the amount of the Debt in a pending administrative or judicial proceeding? YES ___ No ___

Has the Contractor filed a petition in bankruptcy and the Debts owed are dischargeable in bankruptcy? YES ___ NO___

3. Has the Contractor and/or Contractor's Substantial Owner(s) been declared in arrearage on child support obligations by an Illinois

court of competent jurisdiction? YES ___ NO___ Has the Contractor and /or Contractor’s Substantial Owner(s) entered into court-approved agreement for the payment of all such

child support owed, and is the Contractor and/or Substantial Owner(s) in compliance with such agreement? YES ___ NO ___

_ The Contractor and all of Contractor's Substantial Owners must remain in compliance with any such child support obligations throughout the term of the Contract and any extensions thereof, or until the performance of the Contract is completed, as applicable. Failure of Contractor's Substantial Owners to remain in compliance with their child support obligations in the manner set forth in this section constitutes an event of default. C. ETHICS CODE The Contractor acknowledges that it is familiar with the Board's Code of Ethics (04-0623-PO4) adopted June 23, 2004, as amended from time to time. _______ 1. To its knowledge, the Contractor is in compliance. _______ 2. To its knowledge, the Contractor is not in compliance. Does any individual who is required to be identified (in Part A, Sections 1 through 6 of this form) have any family member (or member of his or her household) who is a present or former employee of the Board or a current or former member of a Local School Council? Yes____ NO____. If "Yes," please provide the name of such person, and explain briefly the relationship and the circumstances below:

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

D. DISCLOSURE OF RETAINED PARTIES A. Definitions and Disclosure Requirements 1. For purposes of this section, "Contractor" means a person or entity who within the past five years has had a Contract or purchase

order with the Board.

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2. Every Contract and/or purchase order must be accompanied by a disclosure statement providing certain information about attorneys, lobbyists, accountants, consultants, subcontractors and other persons whom the Contractor has retained or expects

to retain with respect to the Contract or purchase order. In particular, the Contractor must disclose the name of each person, business address, the nature of the relationship, and the amount of fees paid or estimated to be paid. For purposes of this section, "Lobbyist" means any person (a) who for compensation or on behalf of another person undertakes to influence any legislative or administrative action, or (b) any part of whose duties as an employee of another includes undertaking to influence any legislative or administrative action.

3. The Contractor is not required to disclose the identity of employees who are paid solely through the Contractor's regular payroll. B. Disclosure 1. EACH AND EVERY attorney, lobbyist, accountant, consultant, subcontractor, or other person retained or anticipated to be

retained by the Contractor with respect to or in connection with the Contract or purchase order should be listed below (attach additional pages if necessary):

Name Business Relationship CPS Vendor # Address (attorney, lobbyist, etc.) Federal Employer ID# (No Social Security #’s Allowed) 2. This Disclosure relates to the following Contract/purchase order: ____________________________ Specification/Contract Number: ______________________ CHECK HERE IF NO SUCH PERSONS HAVE BEEN RETAINED OR ARE ANTICIPATED TO BE RETAINED: _____ IF SUCH PERSONS ARE RETAINED, THE CONTRACTOR IS REQUIRED TO FILE AN AMENDMENT TO THIS CONTRACTOR'S DISCLOSURE FORM. E. STATE AND MUNICIPAL TAX OUESTIONS

1. Is the Contractor delinquent in the payment of any tax administered by the Illinois Department of Revenue? YES____ NO____

2. Is the Contractor contesting its liability for the tax or amount of tax in accordance with the procedures established by the appropriate Revenue Act?

YES____ NO____

3. Has the Contractor entered into an agreement with the Illinois Department of Revenue for the payment of all such taxes that are due, and is the Contractor in compliance with such agreement? YES____ NO____

4. Is the Contractor delinquent in-the-payment of any tax administered by the Illinois Department of Revenue not covered

under any of the situations described in subsections 1, 2 or 3 above? YES____ NO____

5. Is the Contractor's business registered/remitting Chicago Municipal taxes?

YES____ NO____ If “Yes”, please provide your tax account number _______________________________

6. Prior to July 1, 1995 number of employees? _____________________________

7. Current number of employees? ________________________________________

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CONTRACTOR'S DISCLOSURE FORM 8. Does the Contractor's business own/use any equipment/vehicles titled in Chicago? YES____ NO____ 9. Is the Contractor's business the lease of any tangible personal property used in Chicago? YES____ NO____ 10. Does the Contractor's business purchase non-titled personal property from a retailer located outside the City of Chicago for use in

Chicago? YES____ NO____ 11. What percentage of the Contractor's business operation is governmental work? ______________________ F. WORK RELATED DISCLOSURE

For purposes of this section, "Controlling Person" means an affiliated entity1 or person who is a director, officer, partner, managing member, proprietor, owner of 10 % or more of voting shares, or any other individual that participates in the policy making, financial decisions or directs operations of the Contractor.

If the answer to any of the following questions is "Yes", please indicate the responding party as either the Contractor or Controlling Person(s).

1. In the past five years, has the Contractor or Controlling Person(s) existed or operated a business under another name?

YES____ NO____ If “Yes“, list the name(s) used, description of the business, current status of the business, and years under current ownership.

2. Has the Contractor or Controlling Person(s) previously performed work for the Board?

YES____ NO____ If “Yes”, please list the date and nature of goods or services provided to the Board. 3. In the past five years has the Contractor or Controlling Person(s) rendered goods or performed services for any other

governmental agency? YES____ NO____ If “Yes”, please list the agency, date and nature of goods rendered or services performed.

4. In the past five years, have consequential, liquidated or special damages been assessed against the Contractor or Controlling

Person(s) upon completion of any governmental agency contracts? YES____ NO____ If “Yes”, please attach explanation. 5. In the past five years, has the Contractor or Controlling Person(s) defaulted on any indebtedness, judgment, or other financial

obligation, including student loans? YES ____ NO____ If “Yes”, please attach explanation.

6. In the past five years, has the Contractor or Controlling Person(s) been a defendant in a criminal action, or been a party in

litigation, or subject to a lien, claim, demand, or judgment, or filed a petition for bankruptcy or reorganization? YES____ NO____ If “Yes”, please attach explanation and cite caption, case/docket number and disposition.

1 Business entities are affiliated if, directly or indirectly, one controls or has the power to control the other or if a third person controls or has the power to control both entities. Indicia of control include without limitation: interlocking management or ownership identity of interests among family members; shared facilities and equipment; common use of employees; or organization of another business entity using substantially the same management, ownership or principals as the first entity.

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7. In the past five years, has the Contractor or Controlling Person(s) been sued for failing to pay subcontractors for work performed? YES______NO______ If “Yes”, please attach explanation and cite caption, case/docket number and disposition. 8. The Contractor has coverage under or is able to obtain the following insurance policies, as applicable to perform work for the

Board: worker's compensation and employers' liability insurance, commercial general liability insurance, automobile liability insurance, professional liability insurance, and umbrella/excess liability insurance.

YES______ NO______ If “NO”, please attach explanation. 9. Please attach resumes of experience for the Contractor or Controlling Person(s). If the Contractor is a construction contractor, please complete the following questions: 10. Does the Contractor or Controlling Person(s) have performance bonding capacity by an authorized surety company? YES______ NO______ If “Yes”, please provide the bonding capacity and the surety company name, address, telephone and

fax numbers, and the name of the broker/agent. 11. In the past five years, has the Contractor or Controlling Person(s) been investigated or found in violation of Federal, State or

Local safety or sanitary laws? YES_____ NO______ If “Yes”, please attach all violations and state whether the violations caused injuries.

12. In the past five years, has the Contractor or Controlling Person(s) been investigated or found in noncompliance of the State of

Illinois prevailing wage requirements? YES______ NO______ If “Yes”, please attach explanation.

13. In the past five years, has the Contractor or Controlling Person(s) been investigated or found in violation of Federal, State of

Local Environmental laws or regulations? YES______ NO______ If “Yes”, please attach explanation.

14. In the past five years, has the Contractor or Controlling Person(s) been involved in a work related accident, including but not

limited to automobiles used in the course of business? YES______ NO______ If “Yes”, please attach explanation. G. CONTRACTOR CERTIFICATION A. Contractor The Contractor certifies that the following is true and correct: 1. The Contractor or any subcontractor to be used in the performance of a Contract or purchase order, or any affiliated entity of the

Contractor or any such subcontractor, or any responsible official thereof, or any other official, agent or employee of the Contractor, or any such subcontractor of any such affiliated entity, acting pursuant to the direction or authorization of a responsible official thereof has not, during the period of five years prior to the date of execution of this Contractor's Disclosure Form, or if a subcontractor's affiliated entity during a period of five years prior to the date of award of the subcontract:

11


a. Bribed or attempted to bribe, or been convicted of bribery or attempting to bribe a public officer or employee of the

Board of Education of the City of Chicago, the State of Illinois, any agency of the federal government or any state or local government in the United States (if an officer or employee, in that officer's or employee's official capacity); or

b. Agreed or colluded, or convicted of agreeing or colluding with, between or among bidders or prospective bidders in restraint

of freedom of competition by agreement to bid a fixed price or otherwise; or

c. Made an admission of guilt of such conduct described in Section l(a) and (b) above, which is a matter of record but has not been prosecuted for such conduct.

2. The Contractor or any agent, partner, employee or officer of the Contractor is not barred from contracting with any

unit of state or local government as a result of engaging in or being convicted of bid-rigging2 in violation of Section 3 of Article 33E of the Illinois Criminal Code of 1961, as amended (720 ILCS 5/33E-3), or any similar offense of any state of the United States which contains the same elements as the offense of bid-rigging during a period of five years prior to the date of submittal of this Contractor's Disclosure Form.

3. The Contractor or any agent, partner, employee, or officer of the Contractor is not barred from contracting or local government as a result of engaging in or being convicted of bid-rotating3 in violation of Section 4 of Article 33E of the Illinois Criminal Code of 1961, as amended (720 ILCS 5/33E-4), or any similar offense of any state of the United States which contains the same elements as the offense of bid-rotating during a period of five years prior to the date of submittal of this Contractor's Disclosure Form4.

B. Subcontractor The Contractor certifies that the following is true and correct: 1. The Contractor has obtained from all subcontractors to be used in the performance of the Contract, known by the Contractor at

this time, certifications in form and substance equal to Section G (A) above. Based on such certification(s) and any other information known or obtained by the Contractor, the Contractor is not aware of any such subcontractor, subcontractor's affiliated entity, or any agent, partner, employee or officer of such subcontractor or subcontractor's affiliated entity having engaged in or been convicted of: (a) any of the conduct described in Section G (A) (1) (a) or (b) or (c) above (b) bid-rigging, bid-rotating, or any similar offense of any state or the United States which contains the same elements as bid-rigging and bid-rotating, or has made an admission of guilt of the conduct described in Section G (A) (1) (a) or (b) or (c) above which is a matter of record but has not been prosecuted for such conduct.

__________________________ 2. For purposes of Section G of this Contractor's Disclosure Form, a person commits the offense of and engages in bid-rigging when he knowingly agrees with any person who is, or but for such agreement would be, a competitor of such person concerning any bid submitted or not submitted by such person or another to a unit of State or local government when with the intent that the bid submitted or not submitted will result in the award of a contract to such person or another and he either (1) provides such person or receives from another information concerning the price or other material term or terms of the bid which would otherwise not be disclosed to a competitor in an independent non-collusive submission of bids or (2) submits a bid that is of such a price or other material term or terms that he does not intend the bid to be accepted. See 720 ILCS 5/33E.-3.

3 For purposes of Section G of this Contractor's Disclosure Form, a person commits the offense of and engages in bid-rotating when, pursuant to any collusive scheme or agreement with another, he engages in a pattern over time (which, for the purposes hereof, shall include at least 3 contract bids within a period of 10 years, the most recent of which occurs after January 1, 1989) of submitting sealed bids to units of State or local government with the intent that the award of such bids rotates, or is distributed among, persons or business entities which submit bids on a substantial number of the same contracts. See 720 ILCS 5/33E-4. 4 No business shall be barred from contracting with any unit of State or local government as a result of a conviction, under either Section 33E-3 or Section 33E-4 of Article 33 of the State of Illinois Criminal code of 1961, as amended, or any employee or agent of such corporation if the employee so convicted is no longer employed by the corporation and: (1) the business has been finally adjudicated not guilty or (2) the business demonstrates to the governmental entity with which it seeks to contract and that entity finds that the commission of the offence was not authorized, requested, commanded, or performed by a director, officer or a high managerial agent on behalf of the business as provided in paragraph (2) of subsection (a) of Section 5-4 of the State of Illinois Criminal Code.

12


2. The Contractor will, prior to using them as subcontractors, obtain from all subcontractors to be used in the performance of the Contract, but not yet known by the Contractor at this time, certifications in form and substance equal to this Contractor's Disclosure Form. The Contractor shall not, without the prior written permission of the Board, use any such subcontractors in the performance of a Contract if the Contractor, based on such certifications or any other information known or obtained by the Contractor, becomes aware of any such subcontractor or subcontractor's affiliated entity having engaged in or been convicted of (a) any of the conduct described in Section G (A) (1) (a), (b) or (c) above, (b) bid-rigging, bid-rotating, or any similar offense of any state of the United States which contains the same elements as bid-rigging and bid-rotating, or has made an admission of guilt of the conduct described in Section G (A) (1) (a) or (b) which is a matter of record but has not been prosecuted for such conduct.

3. The Contractor will maintain on file for the duration of a Contract and for a period of seven years thereafter, all certifications

required by Section G (B) (1) and (2) above, for all subcontractors to be used in the performance of the Contract and will make such certifications promptly available to the Board upon request.

4. The Contractor will not, without the prior written consent of the Board, use as subcontractors any individual, firm, partnership,

corporation, joint venture or other entity from whom the Contractor is unable to obtain a certification in form or substance equal to this Contractor's Disclosure Form.

C. Certification Regarding Suspension and Debarment 1. The Contractor certifies to the best of its knowledge and belief, that it and its principals:

a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from any Federal, State or Local department or agency, or the Board;

b. Have not within a five year period preceding the Contract been convicted of or had a civil judgment rendered against them

for: the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, Local) transaction or contract under a public transaction; a violation of Federal or State antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction or records, making false statements, or receiving stolen property;

c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, Local) with commission of any of the offenses enumerated in Section G (C) (1) (b) above; and

d. Have not within a five year period preceding the Contract had one or more public transactions (Federal, State, and Local)

terminated for cause or default. 2. If any subcontractors are to be used in the performance of the Contract, Contractor shall cause such subcontractors to certify as to

Section G (C) (1) of this Contractor's Disclosure Form. D. Anti-Collusion

The Contractor, its agents, officers or employees have not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this Contractor's Disclosure Form.

E. Punishment

A Contractor who makes a false statement, material to Section G of this Contractor's Disclosure Form, commits a class 3 felony. 720 ILCS 5/33E -11(b).

13


INCORPORATION INTO BOARD REPORT/CONTRACT DOCUMENT The above certifications shall become part of any Board Report and/or Contract awarded to the Contractor or entered into during the year that this Contractor's Disclosure Form is in effect. Further, the Contractor shall comply with these certifications during the term or performance of any Board Report and/or Contract awarded to the Contractor, and any extension thereof.

ATTESTATION CLAUSE Under penalty of perjury, I certify that I am authorized to execute this Contractor's Disclosure Form on behalf of the Contractor set forth on page 1, that I have personal knowledge of all the certifications made herein and that the same are true. Furthermore, that I have examined this Contractor's Disclosure Form and the answers are true and correct. I have not knowingly omitted any information requested. I understand that records and documents may be requested by the Board to verify the information provided in this Contractor's Disclosure Form. I understand that the Inspector General of the Board has the authority to conduct certain investigations and that the Inspector General shall have access to all information and personnel necessary to conduct those investigations. I agree to pay all costs, fees and other expenses deemed necessary in connection with any investigation by the Inspector General or the Board, including but not limited to financial audits, credit reports and criminal background checks. I understand that the Board may rely on the information provided herein. I understand that providing any false, incomplete or inaccurate information in this Contractor's Disclosure Form shall make a bid non-responsive and not eligible for award consideration and may result in fines, penalties and/or debarment from bidding on Contracts for a period of up to three years. I understand and acknowledge the Board's Debarment Policy (08-1217-PO1) adopted December 17, 2008. I understand that providing any false, incomplete or inaccurate information constitutes an event of default under the Contract and may result in termination of the Contract. I understand and agree to pay all costs, fees, expenses, including attorney fees, in connection with any legal action or criminal prosecution as a result of providing false, incomplete or inaccurate information in this Contractor's Disclosure Form. __________________________________________________

Signature of Authorized Officer __________________________________________________

Name of Authorized Officer (Print or Type) __________________________________________________

Title __________________________________________________

Date State of _______________________________ County of _____________________________________ Signed and sworn to before me this __________________ day of _____________________________, ________________ My commission expires: _________________________________________

Notary Public Signature

ATTACHMENT B

W-9 Tax Form

INSTRUCTIONS TO PRINTERSFORM W-9, PAGE 1 of 4MARGINS: TOP 13mm (1⁄ 2 "), CENTER SIDES. PRINTS: HEAD to HEADPAPER: WHITE WRITING, SUB. 20. INK: BLACKFLAT SIZE: 216mm (81⁄ 2 ") 3 279mm (11")PERFORATE: (NONE)

Give form to therequester. Do notsend to the IRS.

Form W-9 Request for TaxpayerIdentification Number and Certification

(Rev. October 2007) Department of the TreasuryInternal Revenue Service Name (as shown on your income tax return)

List account number(s) here (optional)

Address (number, street, and apt. or suite no.)

City, state, and ZIP code

Pri

nt o

r ty

pe

See

Sp

ecifi

c In

stru

ctio

ns o

n p

age

2.

Taxpayer Identification Number (TIN)

Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoidbackup withholding. For individuals, this is your social security number (SSN). However, for a residentalien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it isyour employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3.

Social security number

or

Requester’s name and address (optional)

Employer identification number Note. If the account is in more than one name, see the chart on page 4 for guidelines on whosenumber to enter. Certification

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the InternalRevenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS hasnotified me that I am no longer subject to backup withholding, and

2.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backupwithholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirementarrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you mustprovide your correct TIN. See the instructions on page 4. SignHere

Signature ofU.S. person ©

Date ©

General Instructions

Form W-9 (Rev. 10-2007)

Part I

Part II

Business name, if different from above

Cat. No. 10231X

Check appropriate box:

Under penalties of perjury, I certify that:

13 I.R.S. SPECIFICATIONS TO BE REMOVED BEFORE PRINTING

DO NOT PRINT — DO NOT PRINT — DO NOT PRINT — DO NOT PRINT

TLS, have youtransmitted all R text files for this cycle update?

Date

Action

Revised proofsrequested

Date

Signature

O.K. to print

Use Form W-9 only if you are a U.S. person (including aresident alien), to provide your correct TIN to the personrequesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you arewaiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or

3. Claim exemption from backup withholding if you are a U.S.exempt payee. If applicable, you are also certifying that as aU.S. person, your allocable share of any partnership income froma U.S. trade or business is not subject to the withholding tax onforeign partners’ share of effectively connected income.

3. I am a U.S. citizen or other U.S. person (defined below).

A person who is required to file an information return with theIRS must obtain your correct taxpayer identification number (TIN)to report, for example, income paid to you, real estatetransactions, mortgage interest you paid, acquisition orabandonment of secured property, cancellation of debt, orcontributions you made to an IRA.

Individual/Sole proprietor

Corporation

Partnership

Other (see instructions) ©

Note. If a requester gives you a form other than Form W-9 torequest your TIN, you must use the requester’s form if it issubstantially similar to this Form W-9.

● An individual who is a U.S. citizen or U.S. resident alien, ● A partnership, corporation, company, or association created or

organized in the United States or under the laws of the UnitedStates, ● An estate (other than a foreign estate), or

Definition of a U.S. person. For federal tax purposes, you areconsidered a U.S. person if you are:

Special rules for partnerships. Partnerships that conduct atrade or business in the United States are generally required topay a withholding tax on any foreign partners’ share of incomefrom such business. Further, in certain cases where a Form W-9has not been received, a partnership is required to presume thata partner is a foreign person, and pay the withholding tax.Therefore, if you are a U.S. person that is a partner in apartnership conducting a trade or business in the United States,provide Form W-9 to the partnership to establish your U.S.status and avoid withholding on your share of partnershipincome. The person who gives Form W-9 to the partnership forpurposes of establishing its U.S. status and avoiding withholdingon its allocable share of net income from the partnershipconducting a trade or business in the United States is in thefollowing cases: ● The U.S. owner of a disregarded entity and not the entity,

Section references are to the Internal Revenue Code unlessotherwise noted.

● A domestic trust (as defined in Regulations section301.7701-7).

Limited liability company. Enter the tax classification (D=disregarded entity, C=corporation, P=partnership) ©

Exempt payee

Purpose of Form

INSTRUCTIONS TO PRINTERSFORM W-9, PAGE 2 of 4MARGINS: TOP 13 mm (1⁄ 2"), CENTER SIDES. PRINTS: HEAD to HEADPAPER: WHITE WRITING, SUB. 20. INK: BLACKFLAT SIZE: 216 mm (81⁄ 2") 3 279 mm (11")PERFORATE: (NONE)

Form W-9 (Rev. 10-2007) Page 2

Sole proprietor. Enter your individual name as shown on yourincome tax return on the “Name” line. You may enter yourbusiness, trade, or “doing business as (DBA)” name on the“Business name” line.

13 I.R.S. SPECIFICATIONS TO BE REMOVED BEFORE PRINTING


Other entities. Enter your business name as shown on requiredfederal tax documents on the “Name” line. This name shouldmatch the name shown on the charter or other legal documentcreating the entity. You may enter any business, trade, or DBAname on the “Business name” line.

If the account is in joint names, list first, and then circle, thename of the person or entity whose number you entered in Part Iof the form.

Specific Instructions Name

Exempt Payee

5. You do not certify to the requester that you are not subjectto backup withholding under 4 above (for reportable interest anddividend accounts opened after 1983 only). Certain payees and payments are exempt from backupwithholding. See the instructions below and the separateInstructions for the Requester of Form W-9.

Civil penalty for false information with respect towithholding. If you make a false statement with no reasonablebasis that results in no backup withholding, you are subject to a$500 penalty. Criminal penalty for falsifying information. Willfully falsifyingcertifications or affirmations may subject you to criminalpenalties including fines and/or imprisonment.

Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to arequester, you are subject to a penalty of $50 for each suchfailure unless your failure is due to reasonable cause and not towillful neglect.

Misuse of TINs. If the requester discloses or uses TINs inviolation of federal law, the requester may be subject to civil andcriminal penalties.

If you are an individual, you must generally enter the nameshown on your income tax return. However, if you have changedyour last name, for instance, due to marriage without informingthe Social Security Administration of the name change, enteryour first name, the last name shown on your social securitycard, and your new last name.

If you are exempt from backup withholding, enter your name asdescribed above and check the appropriate box for your status,then check the “Exempt payee” box in the line following thebusiness name, sign and date the form.

4. The IRS tells you that you are subject to backupwithholding because you did not report all your interest anddividends on your tax return (for reportable interest anddividends only), or

3. The IRS tells the requester that you furnished an incorrectTIN,

2. You do not certify your TIN when required (see the Part IIinstructions on page 3 for details),

You will not be subject to backup withholding on paymentsyou receive if you give the requester your correct TIN, make theproper certifications, and report all your taxable interest anddividends on your tax return.

1. You do not furnish your TIN to the requester,

What is backup withholding? Persons making certain paymentsto you must under certain conditions withhold and pay to theIRS 28% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding includeinterest, tax-exempt interest, dividends, broker and barterexchange transactions, rents, royalties, nonemployee pay, andcertain payments from fishing boat operators. Real estatetransactions are not subject to backup withholding.

Payments you receive will be subject to backupwithholding if:

If you are a nonresident alien or a foreign entity not subject tobackup withholding, give the requester the appropriatecompleted Form W-8.

Example. Article 20 of the U.S.-China income tax treaty allowsan exemption from tax for scholarship income received by aChinese student temporarily present in the United States. UnderU.S. law, this student will become a resident alien for taxpurposes if his or her stay in the United States exceeds 5calendar years. However, paragraph 2 of the first Protocol to theU.S.-China treaty (dated April 30, 1984) allows the provisions ofArticle 20 to continue to apply even after the Chinese studentbecomes a resident alien of the United States. A Chinesestudent who qualifies for this exception (under paragraph 2 ofthe first protocol) and is relying on this exception to claim anexemption from tax on his or her scholarship or fellowshipincome would attach to Form W-9 a statement that includes theinformation described above to support that exemption.

Note. You are requested to check the appropriate box for yourstatus (individual/sole proprietor, corporation, etc.).

4. The type and amount of income that qualifies for theexemption from tax. 5. Sufficient facts to justify the exemption from tax under theterms of the treaty article.

Nonresident alien who becomes a resident alien. Generally,only a nonresident alien individual may use the terms of a taxtreaty to reduce or eliminate U.S. tax on certain types of income.However, most tax treaties contain a provision known as a“saving clause.” Exceptions specified in the saving clause maypermit an exemption from tax to continue for certain types ofincome even after the payee has otherwise become a U.S.resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exceptioncontained in the saving clause of a tax treaty to claim anexemption from U.S. tax on certain types of income, you mustattach a statement to Form W-9 that specifies the following fiveitems: 1. The treaty country. Generally, this must be the same treatyunder which you claimed exemption from tax as a nonresidentalien. 2. The treaty article addressing the income.

3. The article number (or location) in the tax treaty thatcontains the saving clause and its exceptions.

Also see Special rules for partnerships on page 1.

Foreign person. If you are a foreign person, do not use FormW-9. Instead, use the appropriate Form W-8 (see Publication515, Withholding of Tax on Nonresident Aliens and ForeignEntities).

● The U.S. grantor or other owner of a grantor trust and not thetrust, and ● The U.S. trust (other than a grantor trust) and not thebeneficiaries of the trust.

Limited liability company (LLC). Check the “Limited liabilitycompany” box only and enter the appropriate code for the taxclassification (“D” for disregarded entity, “C” for corporation, “P” for partnership) in the space provided. For a single-member LLC (including a foreign LLC with adomestic owner) that is disregarded as an entity separate fromits owner under Regulations section 301.7701-3, enter theowner’s name on the “Name” line. Enter the LLC’s name on the“Business name” line. For an LLC classified as a partnership or a corporation, enterthe LLC’s name on the “Name” line and any business, trade, orDBA name on the “Business name” line.


I.R.S. SPECIFICATIONS TO BE REMOVED BEFORE PRINTING



13

Part I. Taxpayer IdentificationNumber (TIN) Enter your TIN in the appropriate box. If you are a residentalien and you do not have and are not eligible to get an SSN,your TIN is your IRS individual taxpayer identification number(ITIN). Enter it in the social security number box. If you do nothave an ITIN, see How to get a TIN below.

How to get a TIN. If you do not have a TIN, apply for oneimmediately. To apply for an SSN, get Form SS-5, Applicationfor a Social Security Card, from your local Social SecurityAdministration office or get this form online at www.ssa.gov. Youmay also get this form by calling 1-800-772-1213. Use FormW-7, Application for IRS Individual Taxpayer IdentificationNumber, to apply for an ITIN, or Form SS-4, Application forEmployer Identification Number, to apply for an EIN. You canapply for an EIN online by accessing the IRS website atwww.irs.gov/businesses and clicking on Employer IdentificationNumber (EIN) under Starting a Business. You can get Forms W-7and SS-4 from the IRS by visiting www.irs.gov or by calling1-800-TAX-FORM (1-800-829-3676). If you are asked to complete Form W-9 but do not have a TIN,write “Applied For” in the space for the TIN, sign and date theform, and give it to the requester. For interest and dividendpayments, and certain payments made with respect to readilytradable instruments, generally you will have 60 days to get aTIN and give it to the requester before you are subject to backupwithholding on payments. The 60-day rule does not apply toother types of payments. You will be subject to backupwithholding on all such payments until you provide your TIN tothe requester.

If you are a sole proprietor and you have an EIN, you mayenter either your SSN or EIN. However, the IRS prefers that youuse your SSN. If you are a single-member LLC that is disregarded as anentity separate from its owner (see Limited liability company(LLC) on page 2), enter the owner’s SSN (or EIN, if the ownerhas one). Do not enter the disregarded entity’s EIN. If the LLC isclassified as a corporation or partnership, enter the entity’s EIN. Note. See the chart on page 4 for further clarification of nameand TIN combinations.

Note. Entering “Applied For” means that you have alreadyapplied for a TIN or that you intend to apply for one soon. Caution: A disregarded domestic entity that has a foreign ownermust use the appropriate Form W-8.

9. A futures commission merchant registered with theCommodity Futures Trading Commission, 10. A real estate investment trust,

11. An entity registered at all times during the tax year underthe Investment Company Act of 1940, 12. A common trust fund operated by a bank under section584(a), 13. A financial institution,

14. A middleman known in the investment community as anominee or custodian, or 15. A trust exempt from tax under section 664 or described insection 4947.

THEN the payment is exemptfor . . .

IF the payment is for . . .

All exempt payees except for 9

Interest and dividend payments

Exempt payees 1 through 13.Also, a person registered underthe Investment Advisers Act of1940 who regularly acts as abroker

Broker transactions

Exempt payees 1 through 5

Barter exchange transactionsand patronage dividends

Generally, exempt payees 1 through 7

Payments over $600 requiredto be reported and directsales over $5,000 See Form 1099-MISC, Miscellaneous Income, and its instructions. However, the following payments made to a corporation (including grossproceeds paid to an attorney under section 6045(f), even if the attorney is acorporation) and reportable on Form 1099-MISC are not exempt frombackup withholding: medical and health care payments, attorneys’ fees, andpayments for services paid by a federal executive agency.

The chart below shows types of payments that may beexempt from backup withholding. The chart applies to theexempt payees listed above, 1 through 15.

1 2

7. A foreign central bank of issue, 8. A dealer in securities or commodities required to register in

the United States, the District of Columbia, or a possession ofthe United States,

2

The following payees are exempt from backup withholding: 1. An organization exempt from tax under section 501(a), any

IRA, or a custodial account under section 403(b)(7) if the accountsatisfies the requirements of section 401(f)(2), 2. The United States or any of its agencies orinstrumentalities, 3. A state, the District of Columbia, a possession of the UnitedStates, or any of their political subdivisions or instrumentalities, 4. A foreign government or any of its political subdivisions,agencies, or instrumentalities, or 5. An international organization or any of its agencies orinstrumentalities. Other payees that may be exempt from backup withholdinginclude: 6. A corporation,

Generally, individuals (including sole proprietors) are not exemptfrom backup withholding. Corporations are exempt from backupwithholding for certain payments, such as interest and dividends. Note. If you are exempt from backup withholding, you shouldstill complete this form to avoid possible erroneous backupwithholding.

1

1. Interest, dividend, and barter exchange accountsopened before 1984 and broker accounts considered activeduring 1983. You must give your correct TIN, but you do nothave to sign the certification. 2. Interest, dividend, broker, and barter exchangeaccounts opened after 1983 and broker accounts consideredinactive during 1983. You must sign the certification or backupwithholding will apply. If you are subject to backup withholdingand you are merely providing your correct TIN to the requester,you must cross out item 2 in the certification before signing theform.

Part II. Certification

For a joint account, only the person whose TIN is shown inPart I should sign (when required). Exempt payees, see ExemptPayee on page 2.

To establish to the withholding agent that you are a U.S. person,or resident alien, sign Form W-9. You may be requested to signby the withholding agent even if items 1, 4, and 5 below indicateotherwise.

Signature requirements. Complete the certification as indicatedin 1 through 5 below.



I.R.S. SPECIFICATIONS TO BE REMOVED BEFORE PRINTING


Give name and EIN of:

For this type of account:

3. Real estate transactions. You must sign the certification.You may cross out item 2 of the certification.

A valid trust, estate, or pension trust

6.

Legal entity 4

4. Other payments. You must give your correct TIN, but youdo not have to sign the certification unless you have beennotified that you have previously given an incorrect TIN. “Otherpayments” include payments made in the course of therequester’s trade or business for rents, royalties, goods (otherthan bills for merchandise), medical and health care services(including payments to corporations), payments to anonemployee for services, payments to certain fishing boat crewmembers and fishermen, and gross proceeds paid to attorneys(including payments to corporations).

The corporation

Corporate or LLC electingcorporate status on Form 8832

7.

The organization

Association, club, religious,charitable, educational, or othertax-exempt organization

8.

5. Mortgage interest paid by you, acquisition orabandonment of secured property, cancellation of debt,qualified tuition program payments (under section 529), IRA,Coverdell ESA, Archer MSA or HSA contributions ordistributions, and pension distributions. You must give yourcorrect TIN, but you do not have to sign the certification.

The partnership

Partnership or multi-member LLC

9.

The broker or nominee

A broker or registered nominee

10.

The public entity

Account with the Department ofAgriculture in the name of a publicentity (such as a state or localgovernment, school district, orprison) that receives agriculturalprogram payments

11.

Privacy Act Notice

List first and circle the name of the person whose number you furnish. If only one personon a joint account has an SSN, that person’s number must be furnished. Circle the minor’s name and furnish the minor’s SSN. You must show your individual name and you may also enter your business or “DBA” name on the second name line. You may use either your SSN or EIN (if you have one),but the IRS encourages you to use your SSN. List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TINof the personal representative or trustee unless the legal entity itself is not designated inthe account title.) Also see Special rules for partnerships on page 1.

Note. If no name is circled when more than one name is listed,the number will be considered to be that of the first name listed.

Disregarded entity not owned by anindividual

The owner

12.

13

You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable interest, dividend, and certain otherpayments to a payee who does not give a TIN to a payer. Certain penalties may also apply.

Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons who must file information returns with the IRS to report interest,dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, orcontributions you made to an IRA, or Archer MSA or HSA. The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return.The IRS may also provide this information to the Department of Justice for civil and criminal litigation, and to cities, states, the District of Columbia, and U.S.possessions to carry out their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federalnontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism.

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2 3

4

Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personalinformation such as your name, social security number (SSN), orother identifying information, without your permission, to commitfraud or other crimes. An identity thief may use your SSN to geta job or may file a tax return using your SSN to receive a refund.

What Name and Number To Give the Requester Give name and SSN of:

For this type of account:

The individual

1.

Individual The actual owner of the account or,

if combined funds, the firstindividual on the account

2.

Two or more individuals (jointaccount)

The minor 2

3.

Custodian account of a minor(Uniform Gift to Minors Act) The grantor-trustee

1

4.

a. The usual revocable savingstrust (grantor is also trustee) The actual owner

1

b. So-called trust account that isnot a legal or valid trust understate law The owner

3

5.

Sole proprietorship or disregardedentity owned by an individual

Call the IRS at 1-800-829-1040 if you think your identity hasbeen used inappropriately for tax purposes.

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To reduce your risk: ● Protect your SSN, ● Ensure your employer is protecting your SSN, and ● Be careful when choosing a tax preparer.

Victims of identity theft who are experiencing economic harmor a system problem, or are seeking help in resolving taxproblems that have not been resolved through normal channels,may be eligible for Taxpayer Advocate Service (TAS) assistance.You can reach TAS by calling the TAS toll-free case intake lineat 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious emails or phishingschemes. Phishing is the creation and use of email andwebsites designed to mimic legitimate business emails andwebsites. The most common act is sending an email to a userfalsely claiming to be an established legitimate enterprise in anattempt to scam the user into surrendering private informationthat will be used for identity theft. The IRS does not initiate contacts with taxpayers via emails.Also, the IRS does not request personal detailed informationthrough email or ask taxpayers for the PIN numbers, passwords,or similar secret access information for their credit card, bank, orother financial accounts. If you receive an unsolicited email claiming to be from the IRS,forward this message to [email protected]. You may also reportmisuse of the IRS name, logo, or other IRS personal property tothe Treasury Inspector General for Tax Administration at1-800-366-4484. You can forward suspicious emails to theFederal Trade Commission at: [email protected] or contact them atwww.consumer.gov/idtheft or 1-877-IDTHEFT(438-4338).

Visit the IRS website at www.irs.gov to learn more aboutidentity theft and how to reduce your risk.

ATTACHMENT C

CPS STANDARD SPECIFICATION

CPS Control Rev.: 2_05/10/13 Project Rev.: A_05/10/13

<NAME OF SCHOOL> 23 81 16 – 1 WINDOW-MOUNTED <CPS PROJECT NUMBER> ROOM AIR-CONDITIONERS

SECTION 23 81 16

WINDOW-MOUNTED ROOM AIR-CONDITIONERS

PART 1 - GENERAL

1.1 SUMMARY

A. Section includes packaged, window-mounted room air-conditioners.

B. See Division 05 Section "Metal Fabrications" for support brackets to support room air-conditioners.

C. See Division 07 Section "Composite Window Infill Panels" for factory-finished infill panels to be installed within window openings.

1.2 ACTION SUBMITTALS

A. Product Data: For each type of product.

1. Include rated capacities, refrigerant, operating characteristics, electrical characteristics, unit weight, furnished specialties and accessories, and UL listing.

2. Include level of sound data (db(A))generated by unit within the room during operation and the cooling capacity for all operating speeds

3. Include generated dehumidification (pts/hr) 4. Include the EER ratings 5. Show the refrigerant charge (oz)

B. Shop Drawings:

1. Include plans, elevations, sections, mounting details, dimensions, weights, loads, and required clearances.

2. Include electrical requirements and diagrams for power supply wiring, including floor level wiring and points of termination of power, to room air-conditioners. Include diagrams for control wiring and NEMA receptacle configuration. Clearly differentiate between portions of wiring that are factory installed and portions that are field installed.

3. Show the safe area for screwing into the unit starting from the front edge of the steel sleeve to the back edge of the steel sleeve.

C. Samples:

1. Samples for Initial Selection: Manufacturer's color charts showing the full range of colors available for each product exposed to view.

2. Samples for Verification: For each type of exposed material and finish required, provide samples as indicated below:

a. Joint Sealants: Submit sample sets with joint sealants in 1/2-inch- wide joints formed between two 6-inch- long strips of material matching the appearance of exposed surfaces adjacent to joint sealants.



b. Housing: Submit sample sets not less than 12 inches by 12 inches and of same thickness, material, and color as to be provided to the Project.

c. Nameplate: Submit sample sets of nameplates, full-size, with sample of inscribed lettering, on the same thickness and material required for the Project.

1.3 INFORMATIONAL SUBMITTALS

A. Sample Warranty: For manufacturer's warranty.

1.4 CLOSEOUT SUBMITTALS

A. Operation and Maintenance Data: For room air-conditioners to include in operation and maintenance manuals. Include instructions for adjustment, lubrication, filter replacement, and spare parts listing.

1.5 MAINTENANCE MATERIAL SUBMITTALS

A. Extra Materials: Furnish extra materials that match products installed and that are packaged with protective covering for storage and identified with labels describing contents.

1. Filters: Provide one complete set of filters for each room air-conditioning unit. 2. Remote Controls: Provide extra remote controls in number equal to five percent (5%) of

the number of air-conditioners installed, for each type or model, but in no case more than ten (10) remote controls.

1.6 QUALITY ASSURANCE

A. Standards: Comply with the applicable provisions and recommendations of the following standards below, where standards conflict the more stringent shall apply:

1. ARI Compliance:

a. Comply with ARI 210/240 and ARI 340/360 for testing and rating energy efficiencies for room air-conditioners.

b. Comply with ARI 270 for testing and rating sound performance for room air-conditioners.

2. ASHRAE Compliance: Comply with ASHRAE 15 for refrigeration system safety. 3. NFPA Compliance: Comply with NFPA 90A and NFPA 90B. 4. UL Compliance: Comply with UL 1995. 5. Electrical Components, Devices, and Accessories: Listed and labeled as defined in

NFPA 70, by a qualified testing agency, and marked for intended location and application.

B. Regulatory Requirements: Room air-conditioners shall comply with the EER requirements of the Illinois Energy Conservation Code for Commercial and Residential Buildings, including the International Energy Conservation Code, 2012 edition, and ASHRAE 90.1 – 2010.

C. Mockups: Build mockups to set quality standards for materials and execution.



1. Build mockup of typical window-mounted room air-conditioner, including electrical receptacle installation, in location as shown on Drawings or, if not indicated, in location indicated by the Architect.

2. Approval of mockups does not constitute approval of deviations from the Contract Documents contained in mockups unless Architect specifically approves such deviations in writing.

3. Subject to compliance with requirements, approved mockups may become part of the completed Work if undisturbed at time of Substantial Completion.

D. Pre-Installation Conference: Conduct conference at Project site to comply with requirements in Division 01 Section "Project Management and Coordination." Prior to the start of the room air-conditioner work, and at the Contractor's direction, meet at the site and review the installation procedures and coordination with other work. Meeting shall include Contractor, Board Authorized Representative, infill panel and support bracket installer(s), electrician, and any other subcontractors or material technical service representatives whose work, or products, must be coordinated with the room air-conditioner work.

1.7 DELIVERY, STORAGE, AND HANDLING

A. Deliver room air-conditioners in original packages bearing name and identification of manufacturer or supplier. Store units inside, under cover, and keep them dry and protected from weather, corrosion, dust and dirt, jobsite contaminants, construction traffic, and other causes of damage.

1.8 WARRANTY

A. Manufacturer's Special Warranty: Written warranty, signed by the Manufacturer and Installer agreeing to repair or replace components and/or window unit installations that fail in material or workmanship within the specified warranty period indicated below.

1. Warranty Period: 18 months from date of delivery to the Site or one year from date of Preliminary Acceptance / Substantial Completion, whichever is later that includes parts and labor.

B. Manufacturer's Special Warranty on Sealed System: Written warranty, signed by the Manufacturer and Installer agreeing to repair or replace (parts and labor included) any component in the sealed system that that failed in material or workmanship within the specified warranty period indicated below.

1. Warranty Period: Five (5) years from date of Preliminary Acceptance / Substantial Completion or 66 months from delivery whichever is longer

PART 2 - PRODUCTS

2.1 ROOM AIR-CONDITIONERS

A. Manufacturers: Subject to compliance with requirements, provide products by one of the following:

1. Comfort-Aire by Heat Controller, Inc.



2. Fedders; Airwell-Fedders North America, Inc. 3. Friedrich Air Conditioning Co. 4. General Electric.

B. Features and Requirements:

1. General: New units shall be complete with cabinet, grilles, louvers, compressor, air-cooled condenser, expansion valve, evaporator air circulation fan, air filter, and all necessary internal piping, wiring and controls.

2. Capacity: Room air-conditioners shall have the following capacities:

a. Small Units: 1 ton capacity (≥12,000 Btu/hr.). b. Large Units: 2 ton capacity (≥24,000 Btu/hr.).

3. Energy Star Listing: Room air-conditioners shall be listed on the DOE's ENERGY STAR "Room Air Conditioners Qualified Products List."

4. Unit Weight: Room air-conditioners shall not weigh more than 150 pounds. 5. Condensate Removal: Room air-conditioners shall be evaporative condensate removal

type. 6. Air Control: Room air-conditioners shall have not less than 4-directional control of

airflow. 7. Electrical: Room air-conditioners shall operate on a 208V single phase electrical supply. 8. Line Cord: Room air-conditioners shall be equipped with the following:

a. Small Units: NEMA 6-15P plug and 15A rated line cord, five to six feet in length. b. Large Units: NEMA 6-20P plug and 20A rated line cord, five to six feet in length.

9. The unit refrigerant shall be type 410 A 10. Operation: Room air-conditioners shall have digital display and digital electronic

controls including, but not limited to, programmable energy saver function with 24-hour on/off timer, dehumidification and auto modes, and auto restart after power outage.

a. Handheld remote controls shall have digital electronic controls matching, and capable of adjusting, those controls on the air-conditioning unit.

C. Components:

1. Cabinet: External cabinet shall be fabricated from galvanized steel with manufacturer's standard powder coat finish. Cabinet shall have louvered sides.

2. Filter: Removable; washable. 3. 2” X 2” guard protecting the condenser coil

D. Accessories:

1. Remote Control: Handheld, battery-operated, wireless remote control that allows control of preset programming, as well as adjustment of temperature and fan speed.

2. Vinyl coated hail guard 3. Nameplate: Each room air-conditioner shall have a metal nameplate securely attached to

the side of the air-conditioner, readily visible from the room without requiring removal of any panels, plates, or covers. Each nameplate shall have the following information inscribed on it in clear and legible lettering:



a. Manufacturer's name. b. Model number. c. Date (month and year) of installation. d. Btu/hr rating. e. Voltage. f. Current rating.

2.2 MISCELLANEOUS MATERIALS

A. Elastomeric Sealant: Single-component, nonsag, neutral-curing silicone joint sealant complying with ASTM C920; Type S, Grade NS, Class 50, Use NT. Provide one of the following:

1. DOW Corning Corporation; 795. 2. GE Advanced Materials – Silicones; SilPruf NB SCS9000. 3. Sika Corporation, Construction Products Division; SikaSil WS-295. 4. Tremco Incorporated; Spectrem 2.

PART 3 - EXECUTION

3.1 EXAMINATION

A. Examine areas and conditions, with Installer present, for compliance with requirements for installation tolerances and and other conditions affecting performance of the Work.

B. Verify that supporting bracket, surrounding frame, and infill panel are securely set in place within the window opening.

C. Examine installation of electrical systems to verify that electrical work, including installation of electrical outlet and wiring, has been completed.

D. Proceed with installation only after unsatisfactory conditions have been corrected.

3.2 INSTALLATION

A. General:

1. Install room air-conditioners in accordance with manufacturer's written instructions and recommendations for installing air-conditioners in locations indicated.

2. Provide protection from adverse weather conditions during installation of the units.

B. Set room air-conditioners within through-wall cabinet as indicated. Ensure units are firmly set and fully supported within each cabinet and are free from vibration.

C. Air-conditioners shall be installed so there is no air leakage (infiltration or exfiltration) or water leakage (infiltration) around the unit.

D. Seal perimeter of support brackets, between brackets and air-conditioning units, and other locations, including between support brackets and infill panels, with elastomeric sealant.

E. Coil and secure extra slack in power cord with plastic tie wrap and adhesive cord clip fastened to the side or bottom of the housing.



3.3 STARTUP

A. Startup and Testing: Upon completion of installation of room air-conditioners, start-up and operate units in the presence of the manufacturer's technical representative and Board Authorized Representative to demonstrate capability and compliance with requirements. Correct malfunctioning units then re-test to demonstrate compliance, including adjustment of units to eliminate vibration (if any). Adjust hardware and moving parts to function smoothly and without binding, and lubricate as recommended by manufacturer. Units that cannot be successfully corrected in the field shall be removed and replaced with another unit at no additional cost to the Board. Replacement of installed units shall not constitute cause for extension of Contract Time or additional Contract Cost.

B. Immediately following installation, prior to start-up procedure, install new filters in all units.

3.4 DEMONSTRATION

A. Engage a factory-authorized service representative to train Owner's maintenance personnel to adjust, operate, and maintain units.

END OF SECTION

cps rfp - 14 250020 bid for window mounted air conditioning units 042514

Government & Nonprofit

bid receipt

redacted bid

bid solicitations

bid execution page attachments

bid tabulation pages

late bids

board employee

submission of bids