Contract Summary Sheet Contract (PO) Number: T25295 Speci?cation Number: B69689005 Name of Contractor: ENVIRONMENTAL AUTO REMOVAL INC City Department: STREETS AND SANITATION Title of Contract: T6968900501 AUTO POUND MANAGEMENT AND RELATED TOWING SERVICES FIX NEGATIVE BALANCE FOR FMPS CONVERSION Term of Contract: Start Date: 7/31/97 End Date: 12/31/00 Dollar Amount of Contract (or maximum compensation if a Term Agreement) (DUR): $24,607,663 00 Brief Description of Work: T6968900501 AUTO POUND MANAGEMENT AND RELATED TOWING SERVICES FIX NEGATIVE BALANCE FOR FMPS CONVERSION Procurement Services Contact Person: User Conversmn Vendor Number: 271275 Submission Date: FEB 2 6 2004 WM Specaficatuon No 369689005 Contract No T69689005- Vendor Code 271275A 59mm: 511nm! JUL 3 1m ?0 AGREEMENTFOR AUTO POUND MANAGEMENT AND TOWING SERVICES BETWEEN 5 THE CITY OF CHICAGO A JUL 3 1 1993 AND ENVIRONMENTAL AUTO REMOVAL, INC. SECTION 1 SECTION 2 SECTION 309 SECTION SECTION 5 SECTION TABLE OF CONTENTS INCORPORATION OF RECITALS DEFINITIONS DUTIES AND OBLIGATIONS OF THE PARTIES SCOPE OF WORK SERVICE REQUIREMENTS OPERATION AND USE OF THE FACILITIES POLICE CI-IECKS TOW SIGNS RESPONSIBILITIES DISPOSAL OF VEHICLES IMPROVEMENTS TO AND MAINTENANCE AND REPAIR OF THE FACILITIES ADDITIONAL SERVICES TERM AND COMPENSATION TERM OF AGREEMENT EXTENSION OPTION CONIPENSATION IVIETHOD OF PAYMENTS DISPUTES SPECIAL CONDITIONS REPRESENTATIONS AND WARRANTIES NO JOINT VENTURE CONFIDENTIALITY RECORDS DOCUMENTS AND AUDITS INSPECTOR GENERAL PERSONNEL NONDISCRIMINATION MINORITY AND BUSINESS ENTERPRISES SUBCONTRACTS AND ASSIGNMENTS COMPLIANCE WITH ENVIRONMENTAL LAWS SECTION 7 TERIVIINATION AND REMEDIES 701 EVENTS OF DEFAULT DEFINED n?a Ml 702 703 704 705 706 707 708 709 710 SECTION SECTION 9 REMEDIES EARLY TERMINATION RIGHT TO OFFSET DELAYS AND EXTENSIONS NON-LIABILITY OF INDIVIDUALS INSURANCE INDEMNIFICATION LETTER OF CREDIT GENERAL CONDITIONS COUNTERPARTS MODIFICATIONS AND AMENDMENTS WAIVER CONFLICT OF INTEREST CONIPLIANCE WITH ALL LAWS GOVERNING LAW AND IURISDICTION INTERPRETATION m1! NOTICES EXECUTION PAGE Exhibit 1 Exh1b1t 2 Exh1b1t 3 4 Exhibit 5 Exlublt 6 7 Exh1b1t 8 9 EXHIBITS FACILITIES SCOPE OF SERVICES COMPENSATION SPECIAL CONDITIONS REGARDING MINORITY AND WONIEN BUSINESS ENTERPRISES CONSTRUCTION PROVISIONS INSURANCE REQUIREMENTS LETTER OF CREDIT AFFIDAVIT IMPROVEMENTS TO FACILITIES AGREEMENT FOR AUTO POUND MANAGEMENT AND TOWING SERVICES This agreement is made as of this 21; day of f0{ 1997 (the "Effective Date"), by and between the City of Chlcago, a mumcrpal corporatlon and a home rule unit of government under Section Article VII of the 1970 of the State of Ilhn01s, acting by and through its Department of Streets Sanitation (the "C1ty"), and Enwronmental Auto Removal, Inc (the "Contractor") RECITALS WHEREAS, the City mitiated a p110t program for the pnvatrzanon of auto pound management and towmg services, and WHEREAS, the City has determined that the p110t has been a success and desnes to expand the program, and WHEREAS, the City Issued an RFP for Auto Pound Management and Related Towing Servrces and WHEREAS, a?er evaluation of the responses to the RFP, the City has selected the Contractor to prowde auto pound management and towrng semces, NOW, THEREFORE, in con51deration of the mutual pronnses and covenants contained herein, the parties agree as follows SECTION 1 INCORPORATION OF RECITALS THE ABOVE RECITALS ARE EXPRESSLY INCORPORATED BY REFERENCE AND MADE A PART OF THIS AGREEMENT AS THOUGH FULLY SET FORTH HEREIN SECTION 2 DEFINITIONS 1 "Abandoned Tows" shall mean those abandoned Vehicles Identl?ed by the City to be removed and 1mpounded as such 1n the ac1lit1es by the Contractor 2 "Agreement" shall mean this contract and any or attachments hereto 3 "Code" shall mean the Mumcipal Code of the C1ty (1990), as amended 4 "Commissioner" shall mean the chief executwe officer of the Department of Streets Samtation of the C1ty or her duly authonzed representatlve "Comptroller" shall mean the chief execunve of?cer of the Department of Finance of the C1ty or her duly authortzed representatlve 6 "Corporation Counsel" shall mean the chief executive of?cer of the Department of Law of the C1ty or her duly authorlzed representatlve 7 "Emergency Tow" shall mean those Vehrcles desrgnated by the City to be removed ?'om their locations by the Contractor dunng an operatlonal emergency which some or all of the normal Semces may be suspended 8 "Facilities" shall mean the auto pounds depleted 1n 1 incorporated herein by reference 9 "Immediate Tows" shall mean those Vehlcles Identi?ed dunng normal operations by the C1ty as nnmediate tows to be removed ?'om the1r locations w1tlnn one (1) hour and Impounded 1n the Fac111t1es or 111 the C1ty's Pollce Auto Pounds w1th1n nmety (90) m1nutes by the Contractor 10 "Inventory Report" shall mean a report prepared by the Contractor for each Vehicle detalhng a form acceptable to the Commissmner 11 "Purchasing Agent" shall mean the Ch1efExecut1ve of the Department of Purchases, Contracts and Supphes of the C1ty or his duly authonzed representatwe 12 "Relocation Tows" shall mean those Vehlcles des1gnated by the C1ty dunng an emergency to be moved immediately to a nearby locatron 13 "Snow Tows" shall mean those Vehrcles parked it] snow routes to be removed dunng the posted dates and times and impounded the Fac111t1es by the Contractor when directed by the 14 "Subcontractors" shall mean any person or entity w1th whom the Contractor contracts to provide any part of the Serwces, Including Without hmrtation, towing Vehrcles and the dlsposal and sale of Vehicles 15 ?Tow Report" shall mean the report prepared by the C1ty for each Tow 16 "Tows" shall mean, collectively (1) Abandoned Tows, (11) Immedlate Tows, (n1) Snow Tows, (1V) Relocation Tows, and Emergency Tows 17 "Vehicles" shall mean automoblles, trucks, blkes, buses, tamcabs, trailers, boats and such other vehicles as demgnated by the SECTION 3 DUTIES AND OBLIGATIONS OF THE PARTIES 3 01 SCOPE OF WORK The Contractor shall be for provrding auto pound management and towrng semces and reporting on such act1v1t1es (collectrvely, "Servrces"), in accordance With the terms and conditions of Agreement as more fully described in 2 incorporated herein by this reference 3 02 SERVICE REQUIREMENTS A Customer Serv1ce The C1ty greatly values prompt and courteous pubhc semce Therefore, the Contractor must provrde prompt servrce so the public does not have to wart an unreasonable amount of tune either on the telephone or 111 person In all contacts With the pubhc, the Contractor must act in accordance With the highest standards of Its busmess The Contractor must return Vehicles when presented w1th suf?crent proof of paymen and ownership pursuant to applicable law and any guidelines Qua)- prov1ded by the C1ty The C0 tractor must act on all claims by the pubhc in good faith 1n 3 and} reasonable and expeditious mann The Contractor shall advrse the 1n writrng of any such complarnts and their res lutron 1n such format and at such times as directed by the Commiss1oner mm WM W.) cm. aha/W. Performance Standards '71 Abandoned Tows The Contractor shall remove the Vehicle taking 1t drreetly to the Fac?ities, except to the extent required to perform multiple Tows with a tow truck The Contractor shall impound the Vehicle in the Fac111t1es twenty-four (24) hours of recelvmg written notice from the C1ty, prowded that the time allowed shall Increase to forty?eight (48) hours for any Abandoned Tow the City requests on day in which the C1ty requests more than seven hundred (700) Abandoned Tows The Vehicle shall be 1mpounded within thirty (30) minutes of being removed from its location unless nnpracticable due to multiple Tows being performed by the same tow truck, the distance from the and tra?ic and weather conditions, provrded that in no event shall a Vehicle be 1mpounded more than two (2) hours after being removed from Its locatlon 2 Immedrate Tows - The Contractor shall remove the Vehlcle one (1) hour of recervmg notice from the C1ty The Contractor shall 1mpound 1t 111 the Fac?ities with1n mnety (90) minutes of recervmg notice, except in the event of a snow emergency declared by the dunng the Contractor shall have three (3) hours 3 Relocanon and Snow Tows The Contractor shall move the Vehicle 1mmed1ately as requested by the Qty 4 Emergency Tow The Contractor shall suspend such other operatlons as may be requested by the Commissmner make equlpment available to the City 3 03 OPERATION AND USE OF THE FACILITIES The Contractor must perform 1ts Servrces and operate the Fac111t1es exerc1smg that degree of care requ1red of a ?ductary The C1ty shall have the ?ght to enter the Facillties at all times The Contractor shall maintain an of?ce at each Fac111ty w1th su?ic1ent space for a C1ty cashler, City employee checking Code comphance of veh1cles and the Contractor?s personnel The of?ce shall have all necessary telephone, facsnnile and electncal lines to provrde customer servrce The Contractor shall supply necessary t011et fac111t1es at the Fac111t1es, prov1ded that the Contractor shall not be required to Install any sewer hnes 1n such ac1ht1es In addition, the Contractor shall supply Signage for the facilltles subject to the approval of the The Contractor shall be reSpon51ble for securmg the Fac111t1es, all Vehicles located therein and for the safety and secunty of all towed Vehicles, 1nclud1ng w1thout 11m1tat1on access to authonzed persons The Contractor shall operate and matntam the Fac111t1es in accordance with applicable zomng requnements, local, state, and federal laws and any leases the Clty has for land on which Fac111ties are located In addttion, the Contractor shall be respon51ble for all losses or damages to Vehicles and personal property thereln and the Facrht1es w1thout regard to the cause of such losses and damages, but not 11m1ted to those caused by third partles or acts of god In no event shall the 1mmed1ately precedmg sentence be Interpreted to create any party bene?clary 1n any third party 3 04 POLICE CHECKS The Contractor and Its of?cers and d1rectors, and all other employees of the Contractor and Its Subcontractor Identl?ed by the must subnnt to a Chicago Police Department background check, 1ncluding but not l1m1ted to a check The Contractor shall supply to the Commissmner a list, 1nclud1ng the names and drivers? license numbers of drivers and other personnel Semces, and prov1de the with updates w1th1n seven (7) days of the tune personnel commence performmg Servrces contained 111 th1s paragraph, the Contractor remams respons1ble for determimng whether subcontractors and personnel are quali?ed and for their actions or 3 05 TOW SIGNS When performing Tows under to this Agreement, the Contractor?s vehicles shall display ?Police Tow? signs as provided by the Commisswner The Contractor?s vehicles may not display these Signs at any other time 3 06 RESPONSIBILITIES The City shall be responSible for identifying Vehicles to be towed and those to be disposed In addition, the City or its deSignee shall collect fees and issue receipts therefor NotWithstanding anything to the contrary in this Agreement, the City shall be responSible for prov1ding containers and disposmg of any debris in the Vehicles towed to the Facilities which debris is not a component part of such Vehicles, prov1ded that the Contractor shall be for disposing of all tires and batteries 3 07 DISPOSAL OF VEHICLES For all Vehicles towed to the ac?ities, after the City gives the Contractor notice that the statutory hunt for clanning a Vehicle by a third paity has expired, the City shall transfer all of its rights to such Vehicles to the Contractor The Contractor must remove Vehicles to be crushed from the Fac?ities Within twenty-four (24) hours of receivmg notice from the City and all other Vehicles shall be removed from the FaCihties Within twenty-four (24) hours after the followng auction, but in no event shall a vehicle remain at the FaCilities more than one week after the City's notice to the Contractor The Contractor shall dispose of Vehicles in accordance With applicable law, including Without limitation transferring the Vehicles to parties licensed as required by the IllinOis Vehicle Code 3 08 IMPROVEMENTS TO AND MAINTENANCE AND REPAIR OF THE FACILITIES The Contractor Will be requn'ed to repair and maintain the FaCIIltleS in a condition satisfactory to the Commissioner Repair and maintenance activ1ties include but are not limited to repair and maintenance of fences, signs, security lighting systems, and roadways, including the grading of and snow removal for such roadways and elimination of conditions hazardous to the public, but shall exclude (except as prov1ded in Exhibit 9) constructing new structures or roads which rights are retained by the City The Contractor must perform all needed repairs on the ac?ities, regardless of the reasons therefor, including Without limitation those caused by actions of third parties, operations of the Contractor, or acts of god in a manner acceptable to the Commiss1oner The Contractor shall not be entitled to additional compensation for any such maintenance and repairs regardless of whether they increase the value of the Facilities new fence to replace damaged fence) In performing such repairs and maintenance, the Contractor must comply With the prov1510ns set forth in Exhibit 5 mcorporated herem by this reference The Contractor shall be required to complete the improvements to the Facrlitles 1n accordance Exhibit 9 to Agreement, which 18 hereby 1ncorporated 1n the Agreement by this reference, and in a manner satlsfactory to the 3 09 ADDITIONAL SERVICES From tlme to time the may request the Contractor, in wrlting, to provide Additional Services are w1thin the general scope of this Agreement but are not w1th1n the Semces set forth in Exhibit 2 Any Additional Serv1ces requested by the Commissioner shall be subject to approval by the Contractor and the Purchasmg Agent and shall require a wntten modi?cation to Agreement pursuant to Section 8 03 before the C1ty shall become obligated to pay for such Serwces 1n accordance With Sectlon 4 and Exhibit 3 of this Agreement SECTION 4 TERM AND COIVIPENSATION 4 01 TERM OF AGREEMENT The term of this Agreement shall be thirty-six (36) months commencing on the E??ective Date, unless terminated or extended as otherwise prov1ded in this Agreement 4 02 EXTENSION OPTION The City shall have the option to extend this Agreement for two (2) additional periods of up to one (1) year from the explratron date of this Agreement under the same terms and by providmg wntten notlce ?'om the Purchasmg Agent to the Contractor, subject to the approval of the Contractor. 4 03 COMPENSATION The Contractor shall be paid in accordance w1th Exhibit 3 incorporated herem by this reference shall constitute entire compensatlon hereunder The Contractor shall compensate the C1ty for Vehicles not redeemed by the public and transferred to the Contractor as provided for in 3 4 O4 NIETHOD OF PAYNIENTS The City shall pay the Contractor on the bas15 of invorces 1n accordance with EXhlbIt 3 supportmg documentation attached, payable from Fund Number 300-81-2070-0140 and any other funds so desrgnated by the City subject to the availability of ?inds therein The invoices shall be prepared by the Contractor in such detail as the City may requ1re and shall be provided to the Commissioner Within ten (10) days of the end of the month The City shall pay the Contractor within sixty (60) days after receipt of inverces completed in accordance the terms hereof The Contractor shall pay the City on the basrs of invoices issued by the City Wlthin ten (10) days of the end of the month The Contractor shall pay the City Within sixty (60) days of the date of the City's invmce Compensation due to the City shall not be sub] ect to set?off for compensation due to the Contractor 4 OS In the event that no ?inds or insuf?cient ?inds are appropriated and budgeted in any ?scal period of the City for payments to be made under this Agreement, then the City shall notify the Contractor of such occurrence and this Agreement shall terminate on the earlier of the last day of the ?scal period for which su?icient appropriation was made or whenever the funds appr0priated for payment under this Agreement are exhausted No payments shall be made or due to the Contractor and under this Agreement beyond those amounts appropriated and budgeted by the City to ?nd payments hereunder SECTION 5 DISPUTES In the event of any dispute between the City and the Contractor relating to a question of fact arismg under the terms of this Agreement, including Without limitation questions concerning the compensation herein provided, which is not otherWise resolved by the parties shall be decided after a heanng by the Purchasrng Agent, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the Contractor The dec131on of the Purchasing Agent shall be ?nal and binding The Contractor shall not performance required under this Agreement during the resolution period, unless the Purchasmg Agent noti?es the Contractor in writing to suSpend services pending resolution of the dispute SECTION 6 SPECIAL CONDITIONS 6 01 REPRESENTATIONS AND WARRANTIES In connection with the execution of this Agreement, the Contractor represents and warrants That it is ?nancrally solvent, that its employees, agents or Subcontractors are competent to perform as required under this Agreement, and that the Contractor is legally authorized to execute and perform this Agreement under the terms and conditions stated herein, and That the Contractor has care?illy and analyzed the prov1s1oris and requnements of this Agreement, that it has satis?ed itself as to the nature of all things needed for the performance of this Agreement and all other matters that in any way affect this Agreement or its performance, and that the time available to it for such examination, analysis, inspection and investigation was adequate, and That the Agreement is feasrble of perfonnance in accordance With all of its provisrons and requirements and that the Contractor can and shall perform the Servrces, or cause to be performed the Services, in strict accordance with the prov1srons and requirements of this Agreement, and That no payment, gratuity or offer of employment was, or Will be, made in connection With this Agreement as prohibited under the Code, Chapter 2-156, and That the Contractor, its of?cers, agents and employees are, and will remain, in compliance With the requirements of the City's Ethics Code, Chapter 2-156 of the Code, including Section 2-156- 100(b) which prov1des, in pertinent part, that "No former [City] of?cral or employees shall, for a period of one year after the termination of the of?cwl's or employee's term of of?ce or employment, assist or represent any person in any business transaction involvmg the City or any of its agencies if the of?cial or employee part1c1pated personally and substantially in the subject matter of the transaction during his term of of?ce or employment and That, except only for those representatlonal statements or promises expressly contained 1n this Agreement, no representation, statement or promise, oral or in writing, of any kind whatsoever by the City, its o?ic1als, agents, employees, has induced the Contractor to enter into this Agreement or has been relied upon by the Contractor, including any With reference to the meaning, correctness, suitabihty, or completeness of any or requirements of this Agreement, the compensation stated herein, or any other matters, whether to or different from those referred to in and immediately above, affecting or having any connection With this Agreement, the negotiation thereof, any thereof, the performance thereof or those employed therein or connected or concerned therein, and That the Contractor shall make all reasonable and good faith efforts to conduct any business operations in Northern Ireland in accordance w1th the MacBride Principles for Northern Ireland as de?ned in Illmors Public Act 85-1390 6 02 NO JOINT VENTURE The Contractor is an independent contractor in the performance of this Agreement and under no elrcumstances is the Contractor to be con51dered in a Jomt venture or partnership With the City 6 03 CONFIDENTIALITY A All documents, data, studies, reports, research, information, manuals, analyses, studies or other data prov1ded to the Contractor by the City under th1s Agreement ("City Con?dential Information") shall be treated as con?dential in accordance With this prov1s1on as follows (1) The Contractor shall only use the City Confidential Information to the Contractor 1n connection With its performance hereunder, and (ii) The Contractor agrees to protect the con?dentiality of the City Con?dential Information The Contractor shall restrict access to the City Con?dential Information to those members of the Contractor?s personnel and Subcontractors engaged in a use permitted hereby The Contractor shall further require that members of its sta?' and Subcontractors be bound by the prov151ons contained herein, and (111) The City Con?dential Information may not be copied or reproduced Without the Commissmner?s prior written consent and such copies or reproductions shall not alter its con?dential status, and (iv) All City Con?dential Information made available to the Contractor, including copies and reproductions thereof, shall be returned to the City upon request, and Nothing in this Agreement shall prohibit or limit Contractor's use of information (including, but not limited to, ideas, concepts, know?how, techniques, and methodologies) (I) prewously known to it, (151) independently deve10ped by it, or legally acqu1red by it from a third party that is not, to the Contractors knowledge, under an obligation to the C1ty not to disclose such information The Contractor, its staff, or Subcontractors, shall not disseminate any information regarding the nature of this Agreement Without prior written consent from the Commissmner In the event that the Contractor is presented With a request for documents by any administrative agency or With a subpoena duces tecum regarding any records, data, or documents that may be in Contractor's possessmn because of the Agreement, the Contractor shall immediately give notice to the Corporation Counsel with the understanding that the City shall have the opportunity to contest such process by any means available to it before such records or documents are submitted to a court or other third parties 6 04 RECORDS DOCUMENTS AND AUDITS A The Contractor shall maintain complete books and records regarding its under this Agreement The Contractor shall immediately make such books and records available for inspection by the Comrnissmner upon reasonable noti?cation and during reasonable busmess hours at a locatron the City of Chicago In addmon, the C1ty reserves the to conduct an audrt of the Contractor?s activities under Agreement The Contractor shall be for the costs of the audit 1f 1t is determmed that the Contractor has underpaid by at least two percent of the amount anOiCBd by the Clty dunng any year or been overpaid by at least two percent during any year The Contractor shall mamtam 1ts records In a safe, secure and reasonably acceSSIble locatron for no less than five (5) years after of this Agreement All documents, data, studies, reports, mformatmn and instruments of servrce supplied to the Contractor or prepared by the C1ty under this Agreement are the property of the C1ty During the performance hereunder the Contractor shall be responSIble for any loss or damage to these documents whlle 1n the Contractor?s possess1on and any such document lost or damaged shall be restored at the expense of the Contractor The Contractor shall dellver or cause to be delivered all documents, Includmg references, photocopies, reproductions, data, stud1es, maps and computattons, prepared by or for the Clty under the terms of this Agreement (except the Contractor's work papers), to the Guy thirty (30) calendar days, upon reasonable demand 1n wrrting therefor or upon termination of Agreement 6 05 INSPECTOR GENERAL The Contractor shall cooperate the Inspector General 1n any Investigation or heanng undertaken pursuant to Chapter 2-56 of the Mummpal Code The Contractor abide by all provrsrons of Chapter 2-5 6 of the Mumc1pal Code 6 06 PERSONNEL A ?rmnenced Professronals The Contractor shall ass1gn and maintain a team of experienced, professronal personnel from its staff for performing its responsrbilities hereunder, including but not limited to the following key personnel Jerry Corcoran Edward Corcoran The reserves the right to direct the Contractor, 1n wnting, to remove any personnel ?'om the performance of Semces upon reason therefor given 1n writing, and to rev1ew and approve the replacement Any dlspute under Sectlon 6 06 related to a question of fact shall be resolved pursuant to Section 5 Any cost of such removal shall be home by the Contractor. Ifany key personnel should be unable to contmue 1n the performance of assigned duties, the Contractor shall notlfy the The Contractor shall furnish to the 10 Commissmner the name of a person to substitute for the person unable to continue, together With any niformation the Commissioner may require to judge the experience and competence of the substitute person Upon approval by the Commissroner, such substitute person shall begin performing Services Salaries Salaries of all employees of the Contractor performing serv1ces under this Agreement shall be paid unconditionally and not less o?en than once a month without deduction or rebate on any account, except only for such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the United States Secretary of Labor pursuant to the "Anti?Kickback Ac of June 13, 1934 (48 Stat 948, 62 Stat 740, 63 Stat 108, Title 18 Section 874, and Title 40 Section 276c) The Contractor shall comply With all applicable "Anti-Kickback" regulations and shall insert appropriate proviSions in all subcontracts covering work under this Agreement to insure compliance of all Subcontractors With such regulations, and shall be responSible to the submissmn of a??idavrts required thereunder, except as the United States Secretary of Labor may speci?cally provrde for variations of or exemptions from the requirements thereof If; in the performance of this Agreement, there is any undisputed underpayment of salaries by the Contractor, the Comptroller may withhold out of payments due to Contractor an amount su?iment to pay to employees underpaid the difference between the salaries required hereby to be paid and the salaries actually paid such employees for the total number of hours worked, however, the Comptroller shall not withhold salaries in the event of a dispute The amounts Withheld may be disbursed by the Comptroller for and on account of the Contractor to the respective employees to whom they are due 6 07 NONDISCRIMINATION A Federal Requirements It shall be an unlaw?il employment practice for the Contractor (1) to fail or re?ise to hire or to discharge any indiVidual, or otherwise to discriminate against any individual With respect to his compensation, or the terms, conditions, or privileges of his employment, because of such indiwdual's race, color, religion, sex, age, handicap or national origin, or (2) to limit, segregate, class1fy his employees or applicants for employment in any way which would deprive or tend to deprive any I?leldual of employment opportunities or otherw1se adversely affect his status as an employee, because of such indiVidual's race, color, religion, sex, age, handicap or national origin The Contractor shall comply, as applicable, with The Owl Rights Act of 1964, 42 2000 et seq (1988), as amended Attention is called to Exec Order No 11,246, 30 Fed Reg 12,319 (1965), reprinted in 42 2000(e) note, as arnended by Exec Order No 11,375, 32 Fed Reg 14,303 (1967) and by Exec Order No 11 12,086, 43 Fed Reg 46,501 (1978), Age Act, 42 6101-06 (1988), Rehablhtatlon Act of 1973, 29 793?94 (1988), Americans with Dlsabilities Act, 101-596, and 41 Part 60 et seq (1990) State Regun'ements The Contractor shall comply, as applicable, w1th the Ilhn01s Human R1ghts Act, 775 ILCS 5/ 1-101 e_t sen. as amended and any rules and regulatlons promulgated 1n accordance therew1th, 1nclud1ng, but not hunted to the Equal Employment Opportumty Clause, 5 111 Admin Code ?750 Appendix A Furthermore, the Contractor shall comply w1th the discrimmatlon in Public Contracts Act, 775 ILCS 10 01 as amended Regulrements The Contractor shall comply, as apphcable, W'lth the Chicago Human Rights Ordinance, section 2-160-010 et seg of the Code Further, the Contractor shall furmsh or shall cause each of 1ts Subcontractor(s) to furmsh such reports and information as requested by the Clucago on Human Relatlons Subcontractors The Contractor agrees that all of the above provis1ons, (A), (B), and (C), W111 be mcorporated 1n all agreements entered mto w1th any suppliers of matenals, ?lmishers of semces, Subcontractors, and labor orgamzatlons which may prov1de any matertals, labor, or services In connectlon Agreement 6 08 MINORITY AND WOMEN BUSINESS ENTERPRISES In the performance of this Agreement, includmg the procurement and lease of matenals or eqmpment, the Contractor shall ab1de by the mmorlty and women's busmess enterpnse requlrements of the Code, section 2-92-420 et seq except to the extent watved by the Purchasmg Agent The Contractor's completed Schedules and DI ev1denc1ng its compliance hereunder along with the Special regardmg Mlnonty Busmess Enterpnse and Women Busrness Enterpnse are attached hereto 4 and 1ncorporated herein by this reference The Contractor shall utlhze minorlty and women's busmess at the greater of the amounts listed in the foregomg Schedules C-1 and D-l or 16 9% for MBEs and 4 5% for WBEs of the amounts due from the C1ty to the Contractor pursuant to this Agreement 12 6 09 SUBCONTRACTS AND ASSIGNMENTS The Contractor shall not aSSIgn, subcontract, or otherw1se delegate all or any part of 1ts rights or obhgatlons hereunder, Without the approval of the Purchasmg Agent Any other attempted ass1gnment or transfer shall be vord and of no effect The City hereby expressly approves the Contractor's use of the Subcontractors named 1n the Schedules C-1 and D?l included herein in 4, however, such approval shall be expressly conditioned upon performance by the Subcontractors 1n accordance With the terms and conditions of this Agreement Any approval for the use of Subcontractors shall under no circumstances alleviate the Contractor's obligations under Agreement, mcludmg w1thout lnmtatlon the requrrement for background checks as prov1ded 1n Section 3 04 6 10 COMPLIANCE WITH ENVIRONMENTAL LAWS The Contractor and its Subcontractors shall comply WIth all laws relating to envrronmental matters including Without limitation, those relating to ?nes, orders, Injunctions, penalt1es, damages, contnbutlon, cost recovery compensation, losses or 1njur1es resulting from the release or threatened release of Hazardous Materials, specral wastes or other contammants mto the envrronment and to the generation, use, storage, transportation, or illegal disposal of solid wastes, Hazardous Materials, specral wastes or other contammants Including, Without limitation, the Comprehensrve Envrronrnent Response and Compensation and L1ab111ty Act (42 ?9601 at the Hazardous Material Transportatron Act (49 ?1801 gt ?ag the Resource Conservation and Recovery Act of 1976 (42 ?690l gt ?g the Clean Water Act (33 ?1251 gen the Clean Air Act (42 ?7401 gt se_q the TOXIC Substances Control Act of 1976 (15 ?2601 gt _s_e_q the Safe Dl?l?kl?g Water Act (42 ?300f), the Occupatlonal Safety and Health Act of 1970 (29 ?651 e_t sag, the Emergency Planning and Commumty nght?to-Know Act (42 ?1101 et the 1111n01s Env1ronrnental Protectlon Act (111 Rev Stat Ch (415 ILCS 5/1 through 5/56 6), and the Code of each as amended or supplemented, and any analogous future or present local, state or Federal statutes, rules and regulations promulgated thereunder or pursuant thereto, and any other present or ?Jture law, ordinance, rule, regulat1on, perm1t or perrmt condition, order or directive regulating, relating to or imposrng llabillty or standards of conduct concerning any Hazardous Materials or by Federal government, any state or any pohttcal thereof, or any agency, court or body of the Federal government, any state or any political subd1v1sion thereof; exercismg executive, legislative, regulatory or administrative functlons (collectively, "Env1ronmental Laws") If any of the above laws require the Contractor or Subcontractors to ?le any 11012166 or report of a release or threatened release of Hazardous Matenals or special wastes on, under or about the Facrlitres, the Contractor shall prowde a copy of such report or notlce to the C1ty In the event of a release or threatened release of Hazardous Materlals, spe01al wastes or other contaminants into the envrronrnent or 1n the event any clann, demand, actlon or notice 15 made agamst the Contractor or 13 Subcontractors regarding the Contractor's or Subcontractors? failure or alleged failure to comply w1th any of the above Environmental Laws, the Contractor shall immediately notrfy the City 1n writing and shall prowde the C1ty with copies of any written claims, demands, notices or actions so made Ifthe Contractor or Subcontractors fails to comply With any of the above referenced Environmental Laws, the City may termmate th1s Agreement 111 accordance w1th Article 7 For purposes 0ftl118 provrsron, the followmg de?nit1ons shall apply "Hazardous Matenals" means friable asbestos or asbestos?contairnng materrals, biphenyls (PCB's), chloro?uorocargon (CFC) refrigerator gas, petroleum or crude 011 or any fraction thereof, natural gas, source matenal, specral nuclear materlals, and by product matenals regulated under the Atonnc Energy Act (42 ?2011, e_t under the Federal Insecticide Fung1c1de and Rodentlc1de Act (7 ?136 gt ?g and any hazardous waste, toxrc or dangerous substance or related materlal, Includmg any matenal de?ned or treated as ?hazardous substance,? "hazardous waste, "toxrc substance," or contaminant (or comparable term) under any of the Envrronmental Laws. "Specral Wastes" means those substances as de?ned 1n 415 ILCS 5/3 45, and as ?thher referred to Section 809 13 of 35 Illino1s Code, Subtitle G, ch 1 SECTION 7 TERMINATION AND REMEDIES 7 01 EVENTS OF DEFAULT DEFINED The followmg shall constitute an Event of Default A Any materlal misrepresentation made by the Contractor to the C1ty A fa1lure by the Contractor to make any payment 1n ?ill when due hereunder and fa1lure to cure such default within ?ve (5) days a?er receipt of wntten notrce of such non?payment from the Commissroner to the Contractor, and in the event that the Contractor falls to make any such payment ?ve (5) days after such wntten notice more than three (3) tunes 1n any Calendar year, then such shall constitute an Event of Default mthout the of the Commissioner g1v1ng notice thereof to the Contractor or any Opportunity to cure the same, A failure by the Contractor to and fully keep, ful?ll, comply with, observe, or perform any promise, covenant, term, condrnon or other non?monetary obligation or duty of the Contractor contained in Agreement (other than those obligations or matters set forth 1n this section or other provismns of this Agreement, which set forth di?'erent cure penods or which provrde for no to cure, and which different 14 cure periods or absence thereof shall take precedence) and the failure to cure such default Within thirty (30) days after delivery of written notice of such failure, A failure by the Contractor to and fully perform any obligation or duty, or to comply With any restriction, of the Contractor contained in this Agreement concerning ass1gnment or transfer, whether directly or indirectly, of the Contractor?s rights or interests herein, A failure by the Contractor to prowde or maintain the insurance coverage or letter of credit required pursuant to this Agreement (including any material non-compliance with said requirements) and the failure to cure such default Within two (2) busmess days followmg oral or written notice of such failure from the Commissioner, The Contractor's failure to continuously prov1de Serv1ces during the term hereof Without the right to cure, The Contractor's failure to comply With the NIBEWVBE requirements of this Agreement and the failure to cure such default, The material default of the Contractor under any other agreement it may presently have or may enter into With the City during the term of this Agreement and failure to cure said default Within any applicable cure period, I The failure to meet the performance standards set forth in Section 3 2 hereof on at least three (3) days during a calendar year Without right to cure, I The failure by the Contractor to comply With applicable Envrronmental Laws and the Ilhnors Vehicle Code, and A violation of law which results in a guilty plea, a plea of nolo contendere, or of a criminal offense, by the Contractor, or any of its directors, of?cers, partners or key management employees directly or indirectly relating to this Agreement, and may threaten, 1n the Judgment of Commisswner, the performance of this Agreement in accordance With its terms, Without a right to cure 7 02 REMEDIES The occurrence of any Event of Default which the Contractor has failed to cure Within thirty (30) calendar days after receipt of written notice, unless a shorter or no cure period is specnied in the preceding section, shall entitle the City to terminate invoke any or all of the following remedies 15 A The to tenrunate this Agreement, at whole or in part In the event that the entire Agreement is terminated the Contractor shall dehver to the C1ty all ?mshed or un?mshed documents, data, studies and reports prepared by the Contractor under this Agreement (except the Contractor? workp apers) The right to an injunctlon or any other approprlate equrtable remedy The right to money damages The ?ght to deem all or any of the ent1t1es the Contractor non~responsrve 1n ?Jture contracts to be awarded by the City 7 03 NON-EXCLUSIVITY No remedy under the terms of this Agreement 18 intended to be exclusrve of any other remedy, but each and every such remedy shall be cumulative and shall be in addltion to any other remedies, at law, 1n equity or by statute, no delay or to exercrse any right or power accruing upon any Event of Default shall impair any such right or power nor shall it be construed to be a waiver of any Event of Default or acquiescence therein, and every such and power may be exercised from time to time and as o?en as may be deemed expedient 7 04 EARLY TERMINATION The Clty may terminate this Agreement, or any portion thereof, at any time by a provrding wntten notice to the Contractor The Contractor shall be compensated for any Servrces performed prior to the termination on the basrs set forth in Exhrbit 3 Ifthe Agreement is terminated by the City, the Contractor shall nnrnedlately deliver to the City all ?nished or un?nlshed documents, data, studies, and reports prepared by the Contractor under this Agreement (except the Contractor's workpaperS) 7 05 RIGHT TO OFFSET A In connectlon Performance under this Agreement Any credits due to or overpayments made by the City may be offset by use of any payment due to the Contractor If such amount offset is insuf?cient, the Contractor shall be llable for and remit to the City the balance in accordance Section 4 04 hereof This right to offset IS 111 addition to and not a limitation of any other remedres available to the City 16 In connection With Sectron 2-92-380 of the Code (1) In accordance w1th Section 2-92-3 80 of the Code and in to any other rights and remed1es(mclud1ng any r1ght of set?off) available to the C1ty under the contract or permitted at law or in equ, the City shall be to set-off a portlon of the contract pnce or compensatlon due under the contract an amount equal to the amount of ?nes and penalties for each outstandmg parlong Violation complaint and/or the amount of any debt owed by the Contractor to the City For purposes of this Sect1on, "outstanding parking Vlolatton complaint" means a parking tlcket, notice of parkmg Violation or parking Violation complaint on which no payment has been made or appearance ?led 1n the Clrcu1t Court of Cook County the tlme specl?ed on the complaint "Debt" means a spec1?ed sum of money owed to the Clty for the period granted for payment has expired (2) Notw1thstanding the of subsection (1), above, no such debt(s) or outstanding parking violation complamt(s) shall be offset from the contract price or compensat1on due under the contract 1f one or more of the followmg are met the Contractor has entered Into an agreement w1th the Department of Revenue, or other appropriate City department, for the payment of all outstanding parking violatton complaints and/or debts owed to the City and the Contractor IS in compliance w1th the agreement, and the Contractor IS contesting 11ab1hty for the amount of the outstanding parking Vlolanon complaint and/or debt a pending or judicial proceedlng, and the Contractor has ?led a petrtion 1n bankruptcy and the debts owed the City are dischargeable 1n bankruptcy 7 06 DELAYS AND EXTENSIONS The Contractor agrees that no charges or clalms for damages or addltional compensation shall be made by It for any delays or ?om any cause whatsoever during 1128 performance under this Agreement Delays beyond the Contractor's control shall be compensated for by extensrons of tune 7 O7 NON-LIABILITY OF INDIVIDUALS No o?ic1al, employee, o?icer or agent of the City shall be charged personally by the Contractor w1th any liability or expense of defense or be held hable under any term or prowsron of the Agreement, or because of the execution or attempted execut1on of ?ns Agreement, or because of any breach hereof 17 7 08 INSURANCE The Contractor shall at all tunes mamtam 1nsurance as provided for 1n Exh1b1t 6 of this Agreement 1ncorporated herein by reference '7 09 INDEMNIFICATION The Contractor agrees to protect, defend, rudemnify and hold the City, 1ts of?cers, of?cials, representatrves, and employees free and harmless ?om agalnst any and all claims, damages, demands, mjunes or death, costs and expenses (collectrvely, ?Loss?), to consequence of the Agreement or arismg out of or bemg 1n any way connected w1th the performance of the Agreement except to the extent that the Clty?s own neghgencc was the prox1mate cause to the Loss mcludrng but not to the unauthorrzed use of tow Signs, provrded, however, that hmitatron pertamlng to the C1ty?s neghgence shall not operate to or depnve the C1ty of the protection afforded by any of the msurance polrcies required under the Agreement, and prov1ded ?lrther, anything to the contrary heretn stated, should any portion of Indemnity clause be found to be inoperative or unenforceable pursuant to the Constructlon Contract Indemm?cation for Neghgence Act, 740 ILCS 35/0 01 et seq (Indemm?catton Act), the Contractor agrees that Indemm?cauon prov1s10n shall remarn enforceable to the maxrmum extent permitted by apphcable law The Contractor hereby Indemni?es and holds the Crty 1ts of?cers, of?crals, representatives, and employees harmless from all loss, penaltles, or the payments of any and all sums of money on account of any vrolattons by the Contractor of any federal, state or local law, statute, ordlnance, regulatlon or executrve order 1ts performance hereunder To the extent by law, the Contractor hereby walves any to the amounts of its obhgattons to Indemmfy, defend or to any sums due pursuant to any Loss, Includlng defend or to any sums of money on account of any Vtolatron by the Contractor of any federal, state or local law, statute, ordmance, regulation or executlve order 1n 1ts performance hereunder To the extent by law, the Contractor hereby wa1ves any l1m1ts to the amount of its obl1gat1on to defend or to any sums due pursuant to any Loss, Includrng, but not necessarily lirmted to, any clalm by any employee of the Contractor that may be subject to the Workers? Compensatton Act, 820 ILCS 305/1 et seq provrded, however that such waiver shall not be construed to requlre the Contractor to 1ndemn1fy the C1ty for its own neglrgence 1n violat1on of the Indemnr?cation Act 7 10 LETTER OF CREDIT The Contractor shall provrde the City, on or before the Effective Date, an irrevocable letter of cred1t 1n the form attached as ?7 Incorporated hereln by th1s reference or other form acceptable to the Clty in the amount of 81): Hundred Thousand Dollars ($600,000) for the term of Agreement The Contractor must malntaln the Letter of Credlt for the term of Agreement If the Contractor breaches Agreement or falls to a replacement letter of credit at least (30) days pnor to the exprratlon of the Letter of Credrt, the Ctty may draw under the letter of 18 credrt In part or 111 whole and use, apply or retarn all or any part of the proceeds thereof Any letter of cred1t dehvered by the Contractor shall be lssued by compames or ?nanc1al authonzed to do busmess in Illrnors, which have an o?ice in Chicago where the C1ty may draw on the letter of credit SECTION 8 GENERAL CONDITIONS 8 01 WHOLE AGREEMENT This Agreement shall constitute the entire agreement between the partles, and no warranties, inducements, considerations, prormses, or other inferences shall be Implied or 1mpressed upon th1s Agreement that are not expressly addressed herem 8 02 COUNTERPARTS Th15 Agreement, mcluding the exhlbits hereof, rs comprised of several Identlcal counterparts, each to be executed by the partles and each to be deemed an ongmal having identical legal effect 8 03 MQDIFICATIONS AND ANIENDNEENTS No changes mcludlng w1thout limitation those of scope, amendments, m0d1?cat10ns, cancellatlon or discharge of this Agreement, or any part hereof, shall be valid unless in writmg and srgned by the parties hereto, or thelr respective successors and 8 04 WAIVER No term or prowsron hereof shall be waived and no breach excused unless such warver or consent shall be and signed by the party claimed to have waived or consented Any approvals granted by the City shall not operate as a warver of any hereunder 8 05 CONFLICT OF INTEREST A No member of the governmg body of the C1ty, or other umt of government, and no other of?cer, employee, or agent of the Clty, or other unit of government, who exercises any decrsion? making authority w1th regard to this Agreement or any governmental functions or responsrbihties 1n relatlon to the Agreement shall have any personal ?nancial mterest, direct or indirect, n1 th1s Agreement 19 The Contractor covenants that of?cers and employees presently have no mterest and shall not acqurre any mterest, direct or mdirect, would con?ict in any manner or degree w1th performance hereunder The Contractor further covenants that 1n the performance of th1s Agreement no person having any such Interest shall be employed 8 06 COMPLIANCE WITH ALL LAWS The Contractor shall comply w1th all apphcable federal, state, and local laws, ordinances, and Execunve Orders, including but not limited to the Illinors Velncle Code In accordance herew1th, the Contractor shall execute a Contractor's A?idaVIt, an executed copy of shall be attached hereto and mcorporated herem by reference as 8 Moreover, the Contractor shall provrde all Services and perform all operatlons at the Fac111t1es 1n accordance w1th the laws to the City, includmg w1thout limitatron the Americans w1th Act, 42 ?12101 3.21: mg 8 07 GOVERNING LAW AND JURISDICTION This Agreement shall be governed as to performance and Interpretation 1n accordance with the laws of the State of Illmors The Contractor hereby irrevocably submits to the ongrnal jUIiSdiCth? of those courts located w1tth Cook County, llhnors, w1th regard to any controversy out of or relating to 121118 Agreement The Contractor agrees that servrce of process on the Contractor may be made by registered or certi?ed marl to the address set forth 1n Article 9 or to any of?ce maintained by the Contractor, or by personal dehvery on an of?cer, d1rector or legal representattve of the Contractor 8 08 INTERPRETATION Any headings of this Agreement are for convemence of reference only and do not de?ne or 11m1t the provrsions thereof Words of any gender shall be deemed and construed to include correlattve words of the other genders Words importing the smgular number shall include the plural number and woe versa, unless the context shall otherwrse indlcate All references to any exhrbit or document shall be deemed to Include all supplements and/or amendments to any such exhlbits or documents entered mto 1n accordance With the terms hereof and thereof All references to any person or entity shall be deemed to include any person or succeedmg to the rights, dutles, and obligations of such person or entity in accordance with the terms of Agreement In the event of any con?ict between Agreement and any exhihrts hereto, the terms of the Agreement shall be deemed to control 20 8 09 SEVERABILITY If any prov1510n of this Agreement shall be held or deemed to be or shall in fact be illegal, invalid, inoperative or unenforceable on its face or as applied in any particular case in any Jurisdiction or or in all cases because it con?icts With any other provision or provismns hereof or any constitution, statute, mumc1pal ordinance, rule of law or public policy, or for any other reasons, such Circumstances shall not have the e??ect of rendering the prov1s1on in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provrsron or provis1ons herem contained illegal, Invalid, imperative or unenforceable to any extent whatever The invalidity of any one or more phrases, sentences, clauses or sections contained in this Agreement shall not affect the remaining portions of this Agreement or any part thereof SECTION 9 NOTICES Any notice required or permitted to be given hereunder shall be in wrtting, and the mailing thereof by certi?ed mail, return receipt requested, to the respective addresses of the parties set forth below, or to such other place as any party hereto may, by notice in writing, designate for itself, shall constitute serv1ce of notice hereunder two (2) busmess days after the mailing thereof If to the C1ty Department of Streets Sanitation Room 700, C1ty Hall 121 North LaSalle Street Chicago, 60602 Attn Commissroner With a copy to Department of Purchases, Contracts and Supplies Room 403, City Hall 121 LaSalle Street Chicago, 60602 Attn Purchasmg Agent Ifto Contractor Envrronmental Auto Removal, Inc 16325 Crawford Avenue Markham, Illin01s 60424 Attn .7241 Concerted Any such notice may also be served by personal delivery thereof, which delivery shall constitute servrce of notice hereunder on the date of such delivery 21 IN WITNESS WHEREOF, the partles have caused Agreement to be executed as of the date ?rst written heremabove CITY OF CHICAGO By Mayor By Acting Purchasihg Agent By Comptroller Recommend by 849A CM of Department of Streets and Sanitation Approved as to form and legallty. Assmtant Corporation Counsel ENVIRONMENTAL AUTO REMOVAL, INC By Its ATTEST By Its AGE {revised 724197] FIIENM 22g EXHIBIT 1 FACILITIES Auto Pound No 2 located at 103rd Street and Doty Auto Pound No 6 located at 701 Sacramento Auto Pound No 3A located at 4008 South Ashland EXHIBIT 2 SCOPE OF SERVICES DESCRIPTION OF OPERATIONS AT THE FACILITIES Auto Pound #2 at 103rd and Doty pound mtakes Tows from a servrce area for Vehicles towed from Madlson Street south to the Clty?s corporate Hours of operatzon. 24 hours per day, seven days per week Auto Pound 6 at 701 North Sacramento, This pound Intakes Tows from a servrce area for Vehmles towed north of MadJson Street to the C1ty?s corporate Hours of Operation 24 hours Ff per day?, seven days per week 0 a) . Auto Pound at 4008 South Ashland This pound intakes all Abandoned Tows 1n the City WM Hours 0 eratzon. 7. 00 A to! 00 PM, Mon -Satur We GENERAL RESPONSIBILITIES AT THE FACILITIES The Services the Contractor may be requested to prov1de under Agreement 1nclude, but are not limited to, those descnbed 1n Exhibit 2 It 1s understood that the Contractor IS of profess10nal status In a Specrallzed industry, l1censed to perform all apphcable servrces 1n the State of and licensed to perform for all spec1alized and profess1onal dlsc1phnes and actlvitres requmng hcensmg and msurance and Will be governed by those professronal in its the Clty The Contractor shall prowde auto pound management and related towing servrces and other necessary opera?ons at the ac111ties to prov1de the Servrces stated herein The shall be open to the public for the respective time penods as cashier servrces are prov1ded by the City at the Fac1lit1es The Contractor shall answer all telephone calls dunng these hours The Contractor shall maintain the Fa0111t1es and perform all needed repans 1n a manner acceptable to the The Contractor shall prov1de a work area at the srte for personnel and staff the Facihties with adequate personnel to operate the No towed Vehicle shall be towed to or stored in a location other than the Facrlitres In towmg the Vehicles, Contractor shall take all necessary precautlons to avord any damage or injury to persons or property, 1nc1ud1ng Without 11m1tat1on City property, any towed Vehicle and any personal property 1n the Vehicle TOWS The Contractor shall perform Immed1ate Tows for Vehicles designated by the Department Irnmtedlate Tows shall be performed only the Contractor's velucles or vehicles of MBE or WBE subcontractors capable of 1mmed1ate1y commumcatmg the Contractor Tune rs of the essence 1n perfonmng Immediate Tows, therefore the Contractor shall prowde necessary resources to assure nnpoundment of Immedlate Tows twenty-four (24) hours a day, seven (7) days a week mnety (90) of non?catlon by the Department, regardless of weather, traffic or the locatron of the Vehicles, except 1n the case of a snow emergency declared by the a. during which any Immediate Tows must be impounded Within three (3) hours The Contractor shall orally nott?/ the Department when a Vehtcle 1s removed ?om a locatton, which shall occur (60) mtnutes ofnott?catron by the Department The Contractor must all Vehzcles dtrectly to the The Ctty may direct the Contractor to tow Vehrcles sezzed connectton a wolatzon of any ordmance or statute (other than an ordtnance relatmg to parking) to the Ctty?s Poltce Auto Pounds- ABANDONED TOWS Abandoned Tows are Vehicles that have been identi?ed by the Department to be towed The Vehicle shall be impounded within thirty (30) minutes of being removed from its location unless impracticable due to multiple Tows being performed by the same tow truck, the distance from the Facilities and tra?ic and weather conditions, prowded that in no event shall a Vehicle be impounded more than two (2) hours after being removed from its location These Vehicles are tow'ed between the hours of 7 a in and 7 Monday through Saturday to Pound SNOW TOWS are marked red and white Signs Parking IS restricted on all of these routes from December 1 to April 1 between the hours of 3 a and 7 a 111 Vehicles destgnated to be towed by the Department are to be towed immediately to the Fac?itie The Contractor shall prov1de suf?cient resources for (To) It the daily removal of Vehicles from these ro?es for the above stated periods of time 04?? EMERGENCY AND RELOCATION TOWS The City currently has 107 Curb Miles of Priority Emergency Snow Routes These snow routes @6 The City may declare an emergency during which some or all of normal towing operations are suspended Any or all tow trucks upon such a declaration by the Comniiss1oner may be diverted to Relocation or Emergency Tows The Contractor shall notify the as to the location of Relocation Tows Emergency Tows shall be immediately towed to the Facdities Vehicles must be relocated to locations directed by the Commissmner The Contractor shall immediately notify the Commissmner when a Vehicle relocation IS complete INVENTORY PROCEDURES When a Vehicle is towed to the aCilities, the Contractor shall retneve the Tow Report(s) from the tow vehicle driver Contractor Will prepare an Inventory Report in a format approved by the Commissmner and note any discrepancies from the Tow Report All personal preperty contained in the Vehicle Will be noted on the Inventory report The Contractor be for all such personal property. In the event the Contractor sees an plam wew Illegal substances, contraband, or Illegal Items, the Contractor shall Immediately nottfy the Chicago Poltce Department. Once a Vehicle has been inventoried, Contractor Will put it in a secure location Within the Faculties All information regarding the Vehicle, including the location in the Faculties, Will be entered into Contractor's computer system MANAGING TOWED VEHICLES The Contractor shall inventory and impound all Vehicles, and prov1de the Comnussroner a Tow Report and an Inventory Report Within thirty (3 0) minutes of being impounded in the Faculties The Contractor shall be for the proper calculation of all tow and storage fees due for the reclaiming of Vehicles The Contractor shall prov1de the claiming party With such calculations 11] a format acceptable to the Commissmner while the City shall issue the receipt The Contractor shall release a Vehicle to the claiming party within ?fteen (15) minutes of being presented a receipt Signifying the proper payment of applicable fees In those instances where the City transfers its interest and title in a Vehicle to the Contractor, the Contractor shall remove such Vehicle from the Facilities in accordance With all applicable laws including, without limitation, requnements imposed by the Env1ronrnental Protection Agency, within twenty-four (24) hours after notice in the case of Vehicles to be crushed and Within Meaty-four (24) hours after the auction next followmg such notice by the City in the case of all other vehicles, prowded, however, in no event shall any Vehicle remain at the Facrlities for more than one week after such notice to the Contractor from the City With respect to such Vehicle The City shall have no responSibility or interest in the Vehicle subsequent to such transfer REPORTS All reports shall be submitted in a format approved by the Commissroner The followmg reports shall be categorized by auto pound and ordinance violation including the corresponding stock number and inventory number Qally No later than noon of each day, the Contractor must supply the Commissmner With a report, in a form approved by the Commissmner, related to its activities pursuant to this Agreement The report shall summarize the Contractor's activrties on the prevmus day including Vehicles towed, type of Tow, date of Tow, time of notification, time of Tow, Identi?cation of Vehicle, Vehicles redeemed, Vehicles released by the City to the Contractor, a complete list of the Vehicles in the Facility sorted by date of impoundments, and Vehicles otherwise disposed of pursuant to the instructions of the City In addition, the report shall include the amount of equipment and personnel used by the Contractor on the prewous day The Contractor shall attach to the report copies of the Tow and Inventory Reports for each Vehicle towed to the FaCilities during the preVious day A separate report shall be submitted which shows applicable truck number and tow Sign number The Contractor shall provrde the Commisswner a report of its actiVities pursuant to this Agreement This report shall be in a form acceptable to the Commissioner and prov1ded to the Commissioner upon request but in no event later than the third day of the month subsequent to the month being reported on The report shall include a summary of the same information as provided in the daily reports, Without attachments REMOVAL OF VEHICLES No Vehicle towed by Contractor to the Facilities shall be removed from the Facilities by the Contractor until receipt by the Contractor of notice ?'orn the to do so The Contractor shall, prior to removal of any Vehicles from the ac?ities, take the license plates off such Vehicles No Vehlcle shall be removed from the Fac?fues except as authonzed 111 by the Clty and in accordance with the Illin01s Vehlcle Code EXHIBIT 3 COMPENSATION EXHIBIT 3 COMPENSATION The Contractor Will compensate the City twenty-?ve dollars ($25 00) for each Abandoned Tow In the event that an Abandoned Tow lS redeemed by the owners or the City, the Contractor Will be entitled to a credit of twenty-?ve dollars ($25 00) for each such Vehicle against any monies its owes the City for Abandoned Tows IATE The Contractor shall be entitled to Sixty-?ve dollars ($65 00) for each Immediate Tow and Sixteen dollars ($16 00) for each Immediate Tow for pound and maintenance, prowded that the Contractor shall not be entitled to the administration and maintenance fee for Vehicles towed to the City?s Police Auto Pound For each Vehicle that 15 not redeemed by the owner and is transferred to the Contractor by the City, the Contractor Will pay the City the sum of one-hundred and thirty-two dollars ($132 00) The Contractor W111 be entitled to Sixty-?ve dollars ($65 00) for each Snow Tow In the event that Vehicles are not redeemed by the owner and are transferred to the Contractor by the City, the Contractor pay the City the sum of one-hundred and thirty-two dollars ($132 00) per Vehicle The City shall pay the Contractor the sum of eighty dollars ($80 00) per hour for each truck in semce for Emergency and relocation Tows for the ?rst eight (8) hours of operation and a rate of one- hundred and twenty dollars ($120 00) per hour for every hour or ?'actron thereof in excess of erght hours up to a maximum of twenty-four (24) consecutive hours DOC EXHIBIT 4 SPECIAL CONDITIONS REGARDING MINORITY AND WOMEN BUSINESS ENTERPRISES COMMITMENT SPECIAL CONDITION REGARDING MINORITY BUSINESS ENTERPRISE COMMITMENT AND WOMEN BUSINESS ENTERPRISE COMMITMENT Policy and Terms A. It IS the policy of the City of Chicago that Local Busmesses certi?ed as Minority Busmess Enterpmses (MBE) and Women Business Enterprises (WBE) 1n accordance with Section 2-92- 420 et seg of the Municipal Code of Chicago and Regulations Governing Certification of Minority and Women-owned Busmesses, and all other Regulations promulgated under the aforementioned sections of the Municipal Code shall have the mammum opportunity to participate fully in the performance of this agreement Therefore, the contractor shall not discriminate against any person or business on the hams of race, color, national origin or sex, and shall take af?rmative action to ensure that women and minority businesses shall have the maximum opportunity to compete for and perform subcontracts for supplies or services The Purchasing Agent has established a goal of awarding not less than 25% of the annual dollar value of all contracts to certi?ed MBEs and 5% of the annual dollar value of all contracts to certified WBEs. B. Accordingly, the contractor commits to expend at least the following percentages of the total contract price (inclusive of any and all modi?cations and amendments), 11' awarded, for contract participation by MBEs and WBEs Year Advertised MBE Percentage WBE Percentage 1991 21 1% 5% 1992 19 5% 4.9% 1993 17 7% 4.8% after 1993 16 9% 4 5% C. This commitment is met by the contractor?s status as a MBE or WBE, or by a Joint venture with one or more MBEs or WBEs as prime contractor (to the extent of the MBE or WBE partlcipation in such joint venture), or by subcontracting a portion of the work to one or more MBEs or WBEs, or by the purchase of materials used in the performance of the contract from one or more MBEs or WBEs, or by the indirect participation of MBEs or WBEs other aspects of the contractor's business (but no dollar of such indirect MBE or WBE part1cipat10n shall be credited more than once against a contractor's MBE or WBE commitment with respect to all contracts of such contractor), or by any combination of the foregoing. Note: BE participation goals are separate and those businesses certified with the City of Chicago as both a shall not be credited more than once against a contractor?s MBE or WBE commitment in the performance of the contract. D. As noted above, the contractor may meet all or part of this commitment by contracting With MBEs or WBEs for the provision of goods or services not directly related to the performance of this contract. However, 1n determinmg the manner of part1cipation, the contractor shall first consider 1nvolvement of MBESIWBES as jomt venture partners, subcontractors, and suppliers of goods and services directly related to the performance of this contract In appropriate cases, the Purchasing Agent will requ1re the contractor to demonstrate the efforts undertaken by it to involve MBEs and WBEs directly in the performance of this contract Purchasing: Prof Service MBEIW BE Special Condition (Rev. 3/96) Page 1 0f 10 SPECIAL CONDITION FOR PROFESSIONAL SERVICE. CONTRACTS E. The contractor also may meet all or part of this commitment through credits received pursuant to Section 2-92-530 of the Municipal Code of Chicago for the voluntary use of MBEs or WBEs in private sector projects II. De?nitions A. ?Minority Business Enterprise? or means a firm awarded certi?cation as a minority owned and controlled buSiness in accordance with City Ordinances and Regulations B. "Women Business Enterprise? or means a ?rm awarded certification as a women owned and controlled busmess in accordance With City Ordinances and Regulations C. "Directory? means the Directory of Certified ?Disadvantaged Business Enterprises,? ?Minority Business Enterprises? and ?Women Business Enterprises? maintained and published by the Contract Compliance Administrator The Directory identi?es firms that have been certified as MBEs and WBEs, and includes both the date of their last certification and the area of specialty in which they have been certi?ed Contractors are responmble for verifying the current certi?cation status of all proposed MBE and WBE ?rms D. ?Area of Specialty? means the description of a MBE or WBE ?rm?s business which has been determined by the Purchasing Agent to be most re?ective of the MBE or WBE ?rm?s claimed specialty or expertise Each BE letter of certi?cation contains a description of its Area of Specialty. This information is also contained in the Directory Credit toward this contract?s MBE and WBE participation goals shall be limited to the participation of ?rms performing within their Area of Specialty NOTICE: The City does not make any representation concerning the ability of any MBEIWBE to perform work within their Area of Specialty It is the responsibility of all contractors to determine the capability and capacity of to satisfactorily perform the work proposed. E. "Joint Venture? means an association of two or more businesses to carry out a single business enterprise for pro?t, and for which purpose they combine their expertise, property, capital, efforts, skill and knowledge. Contractors may develop joint venture agreements as an instrument to provide participation by MBEs and WBEs in contract work A jomt venture seeking to be credited for participation may be formed among certified MBEIW BE ?rms or between certi?ed firm (3) and firm(s) A joint venture is eligible for credit if the partner(s) share in the ownership, control, management responSibilities, risks and pro?ts of the joint venture, and are responsible for a clearly de?ned portion of work to be performed, in proportion With the MBEJWBE ownership percentage. F. "Contract Compliance Administrator? means the officer appointed pursuant to Section 2-92-490 of the Municipal Code of Chicago Purchasing: Prof Service BE Special Condition (Rev. 398) Page 2 of 10 IV. SPECIAL CONDITION FOR PROFESSIONAL SERVICE CONTRACTS Counting Participation Toward the Contract Goals A. The inclusmn of any MBE or WBE 1n the contractor?s BE Utilization Plan shall not concluswel establish the contractor's right to full BE credit for that ?rm?s participation 1n the contract B. The Purchasmg Agent reserves the right to deny or l1m1t cred1t to the contractor where any MBE or WBE 13 found to be engaged in substantial subcontracting or pass?through act1v1t1es w1th others In this regard, a contractor may count toward its MBE and WBE goals only expenditures to firms that perform a commerc1ally useful function A firm lS con51dered to perform a commercxally useful functlon when it is for the performance of a clearly de?ned and distinct element of work and 1s carrying out its reaponsibilitles by actually perfornung, managing, and superv1sing the work involved To determine whether a ?rm is performing a commerc1ally useful function, the Purchasmg Agent shall evaluate the amount of work subcontracted, industry practices, and other relevant factors The amount of BE part1c1pat10n credit shall be based upon an analysm by the Purchasmg Agent of the specific duties that W111 be performed by the MBE or WBE Each shall be expected to actually perform a substantial (i more than eighty-?ve percent portion of the work contemplated for it by any subcontract or agreement through the use of its own employees and equipment Requested information may include, without limitation. (1) specific information concerning brokers? fees and/or (2) intended sub-suppliers or other sources of goods and/or services, and (3) speci?c ?nancial or other to be assumed by the BE C. The participation of MBEs and WBEs who have been certi?ed as ?brokers? shall no longer be conmdered eligible to participate on contracts awarded by the City in 1993 and thereafter until further notice for any consuieration of MBE or WBE credit. D. Credit for the participation of as joint venture partners shall be based upon an analysis of the duties, responsibilities and risks undertaken by the MBEIW BE as speci?ed by the joint venture?s executed joint venture agreement The Purchasing Agent reserves the right to deny or limit credit to the contractor where any BE Joint venture partner 18 found to have duties, reSponsibilities, risks or loss and management control over the joint venture that is not commensurate with or 1n proportion to its Joint venture ownership Regulations Governing Reductions T0 or Waiver of BE Goals The following Regulations set forth the standards to be used in determining whether or not a reduction or waiver of the commitment goals of a particular contract 13 appropriate. If a bidder or proposer determines that it is unable to meet the MBE and/or WBE percentage on a City of Chicago contract, a wr1tten request for the reductmn or waiver of the must be included in the bid or proposal The written request for reduction or waiver from the commitment must be in the form of a ?signed petition for grant of relief from the percentages subnutted on the bidder/proposer's letterhead, and must demonstrate that all required efforts as set forth 1n this document were taken to secure eligible Minority and Women Business Enterprises to meet the commitments The Purchasing Agent or deSIgnee shall determme whether the request for the reduction or waiver will be granted Purchasing: Prof Service BE Special Condition (Rev. 396) Page 3 of 10 SPECIAL CONDITION FOR PROFESSIONAL SERVICE CONTRACTS Bidders/proposers will be considered responsive to the terms and conditions of these Regulations if a waiver request and proof of noti?cation to an assist agency is submitted at the time of bid/proposal opening. Once the bids have been opened, the lowest responswe and responsmle bidder so deemed by the Purchasmg Agent or authorized demgnee W111 have no more than fourteen (14) calendar days to submit to the Department of Purchases complete documentation that adequately addresses the conditions for waiver described herein Proposers responding to Request for Proposals (RFPs) who have been identi?ed as a short listed candidate and/or a prospective awardee will be given a designated time allowance, but no more than fourteen (14) calendar days to submit to the Department of Purchases complete documentation that adequately addresses the conditions for waiver described herein. Respondents to Request for Information and or Quali?cations deemed by the Purchasing Agent or authorized designee to be the most responsive and reaponsible shall submit documentation that adequately addresses the conditions for waiver described herein during negotiations. Failure to submit documentation suf?cient to support the waiver request will cause the bid/proposal to be found non-responsive by the Purchasing Agent, and the bid/proposal W111 be rejected In such cases the remedies to be taken by the Purchasmg Agent, in his discret1on, may include, but are not limited to, forfeiture of bid dep051t, negotiating With the next lowest bidder/proposer; or readvertising the bid/proposal All bidders/proposers are encouraged to submit all required documents at the time of bid opening to expedite the contract award. A. Direct/Indirect Participation Each of the following elements must be present in order to determme whether or not such a reduction or waiver is appropriate. 1 The bidder/proposer has documented the unsuccessful solicitation for either subcontractors or joint venture partners of at least 50% (or at least five when there are more than eleven certi?ed ?rms in the commodity area) of the appropriate certi?ed ?rms to perform any direct or indirect work identi?ed or related to the advertised bid/proposal Direct participation involves subcontracting a portion of the goods/services speci?cally required in the bid/proposal. Indirect participation 13 the subcontracting of goodsIservices not speci?cally related to the performance of this contract. Documentation must include but is not necessanly hunted to a A detailed statement of efforts to identify and select portions of work identi?ed in the bid solicitation for subcontracting to certi?ed BE ?rms, A listing of all BE ?rms contacted that includes' i) Names, address and telephone numbers of MBEIW BE ?rms solicited; ii) Date and time of contact; Method of contact (written, telephone, transmittal of facsimile documents, etc c. Copies of letters or any other evidence of mailing that substantiates outreach to vendors that includes i) Project identi?cation and location, 1i) Classi?cation/commodity of work items for which quotations were sought, Date, item and location for acceptance of subcontractor bid proposals. 1v) Detailed statement wh1ch summarizes direct negotiations appropnate ?rms for specific portions of the work and 1nd1cates why negotiations were unsuccessful, Purchasing: Prof Service BE Special Condition (Rev. 3196) Page 4 of 10 SPECIAL CONDITION FOR PROFESSIONAL SERVICE CONTRACTS v) Af?rmation that good faith efforts have been demonstrated by choosmg subcontractmg opportun1t1es likely to achieve goals by not imposmg any limlting conditions which were not mandatory for all subcontractors, or denying the bene?ts ordinarlly conferred on subcontractors for the type of work that was solic1ted OR 2 Subcontractor participation Will be deemed excesswely costly when the subcontractor proposal exceeds the average pr1ce quoted by more than twenty percent In order to establish that a subcontracts? quote 13 excesswely costly, the b1dder/proposer must provrde the following mformation a A detailed statement of the work ident1?ed for MBEIWBE particxpation for which the bidder/proposer asserts the quote(s) were excesswely costly (in excess of 20% higher) 1) A listing of all potential subcontractors contacted for a quotation on that work Item, ii) Prices quoted for the subcontract questmn by all such potential subcontractors for that work item. b. Other documentation which demonstrates to the satisfaction of the Purchasing Agent that the BE proposals are excessively costly, even though not in excess of 20% higher than the average price quoted This determination will be based on factors that include, but are not limited to the following. i) The City?s estimate for the work under a specific subcontract, ii) The bidder/proposer?s own estimate for the work under the subcontract, An average of the bona ?de prices quoted for the subcontract, 1v) Demonstrated increase in other contract costs as a result of subcontracting to the MBE or other ?rm B. Assist Agency Participation Every waiver and/or reduction request must include ev1dence that the bidderlprOposer has provided timely notice of the need for subcontractors to an appropriate association/mast agency representative of the MBEIW BE business community The notice requirement of this Section will be satisfied if a bidder/proposer contacts at least one of the associations on Attachment A to these Regulations when the prime contractor seeks a waiver or reduction in the utilization goals Attachment to these Regulations provides the letter format that a prime contractor may use. Proof of noti?cation prior to bid submittal (e certified mail receipt or facsimile transmittal receipt) will be required for any bidlproposal submitted to be deemed responsive on the date of bid opening. If deemed appropriate, the Purchasing Agent or Contract Compliance Of?cer may contact the assist agency for veri?cation of noti?cation. C. Impractlcability 1 If the Purchasing Agent determines that a lesser MBE and/or WBE percentage standard is appropriate with respect to a particular contract subject to competitlve bidding prior to the bid solicitations for such contract, bid specx?cations shall include a statement of such revised standard Purchasing: Prof Service BE Special Condition (Rev. 3/96) Page 5 of 10 SPECIAL CONDITION FOR PROFESSIONAL SERVICE CONTRACTS 2 The requirements set forth in these Regulations shall not apply where the Purchasmg Agent determines prior to the bid solicitations that BE subcontractor participation is impracticable This may occur whenever the Purchasmg Agent determines that for reasons of time, need, industry practices or standards not previously known by the Purchasmg Department administrator, or such other extreme circumstances as may be deemed appropriate, such a Waiver is in the best interests of the City This determination may be made in connection with a particular contract, whether before the contract is let for bid, during the bid or award process, before or during negotiation of the contract, or during the performance of the contract For all noti?cations required to be made by bidders/proposers, in Situations where the Purchasing Agent has determined that time is of the essence, documented telephone contact may be substituted for letter contact. V. Procedure To Determine Bid Compliance The followmg Schedules and described documents constitute the bidder?s BE proposal, and must be submitted in accordance with the guidelines stated' A. Schedule C-I: Letter of Intent from BE to Perform as Subcontractor, Supplier andlor Consultant. A Schedule C-l executed by the BE (or Schedule B/Joint Venture Subcontractor) must be submitted by the bidder/proposer for each BE included on their Schedule D-1 and must accurately detail the work to be performed by the and the agreed rates and prices to be paid If any fully completed and executed Schedule 0-1 is not submitted With the bid/proposal, it must be received by the Contract Administrator within ten (10) days of the bid/proposal opening (All post bid/proposal submissions must be in triplicate with original signatures on all documents) Failure to submit a completed Schedule in accordance with this section shall entitle the City to deem the bid/proposal non-responswe and therefore reject the bid/proposal. B. Letters of Certi?cation. A copy of each proposed ?rm?s current Letter of Certification from the City of Chicago must be submitted with the bid/proposal All Letters of Certi?cation issued by the City of Chicago include a statement of the ?rm?s Area of Specialty. The BE ?rm?s scope of work, as detailed by their Schedule must conform to their stated Area of Specialty C. Joint Venture Aggeements. If the bidder?s/proposer?s proposal includes the participation of a as joint venture on any tier (either as the bidder/proposer or as a subcontractor), the bidderfproposer must provide a copy of the joint venture agreement and a Schedule B. In order to demonstrate the partner?s share in the ownership, control, management responsibilities, risks and pro?ts of the joint venture, the proposed joint venture agreement must. include speci?c details related to (1) contributions of capital and equipment, work responsibilities or other performance to be undertaken by the and (3) the commitment of management, supervisory and operative personnel employed by the BE to be dedicatedto the performance of the contract. The Joint venture agreement must also clearly de?ne each partner?s authority to contractually obligate the jomt venture and each partner?s authority to expend eint venture funds (e check Signing authority) Purchasing: Prof Service BE Special Condition (Rev. W) Page 6 of 10 SPECIAL CONDITION FOR PROFESSIONAL SERVICE CONTRACTS D. Required Schedules Regarding Utilization. Bidders must submit, together With the bid, a completed Schedule them to the utilization of each listed BE ?rm Except in cases where the bidder/proposer has submitted a request for a complete waiver of or variance from the BE in accordance Section IV herein, the b1dder/proposer must commit to the expenditure of a speci?c dollar amount of part1c1pation by each ?rm 1ncluded on their Schedule D-l The total dollar commitment to proposed MBEs must at least equal the MBE goal, and the total dollar commitment to proposed WBEs must at least equal the WBE goal Bidders are responsible for calculating the dollar equivalent of the MBE and WBE goals as percentages of their total base bids or in the case of Term Agreements, as percentages of the total estimated usage All commitments made by the b1dder?s Schedule D-l must conform to those presented in the submitted Schedule 0-1 If Schedule is submitted after the opening (See Section A above}, the bidder/proposer may submit a revised Schedule D-l (executed and notarized in triplicate to conform With the Schedules C-l! Except in cases where substantial and documented justi?cation is promded, bidders/proposers W111 not be allowed to reduce the dollar commitment made to any MBE or WBE in order to achieve conformity between the Schedules C-1 and D-l. All commitments for joint venture agreements must be delineated in the Schedule B. VI. Reporting?equirements During The Term of The Contract A. The Contractor shall, not later than thirty (30) days from the award of a contract by the City, execute formal contracts or purchase orders with the MBEs and WBEs included in their approved Utilization Plan. These written agreements shall be made available to the Purchasing Agent upon request B. In the case of one time procurements of supplies with either single or multiple deliveries to be performed in less than one year from the date of contract award, a BE Utilization Report,? indicating final MBE and WBE payments shall be submitted directly to the Department of Purchases, Contracts and Supplies so as to assure receipt either at the same time, or before the using Department receives contractor?s final invoice. (NOTICE: Do not submit invoices with BE Utilization Reports.?) Final payments may be held until the Utilization Reports have been received. C. During the term of all other contracts, the contractor shall submit regular Utilization Reports,? a copy of which is attached. The frequency with which these reports are to be submitted will be determined by the Purchasing Agent, but in no case will reports he required less often than on a quarterly basis In the absence of written notice from the Purchasing Agent, the contractor?s first Utilization Repgrt? will be due ninety 190! days after the date of contract award, and remrts will be due quarterly thereafter D. Utilization Reports? are to be submitted directly to. Department of Purchases, Contracts and Supplies, Division of Contract Monitoring and Compliance, City Hall, Room 400, 121 LaSalle Street, Chicago, Illinms 60602 E. The Contract Compliance Administrator shall be entitled to examine, on ?ve (5) busmess days notice, the contractor?s books and records including without limitation payroll records, tax returns and records, and books of account, to determine whether the contractor 13 in compliance With 1ts commitment to MBEIWBE participation and the status of any MBE or WBE performing any portion of the contract Such rights are addition to any other audit inspection rights contained in the contract. Purchasing: Prof Service BE Special Condition (Rev. W) Page 7 of 10 SPECIAL CONDITION FOR PROFESSIONAL SERVICE CONTRACTS VII. BE Substitutions Changes by the contractor of the commitments earlier certi?ed 1n the Schedule D-l are prohibited In some cases, however, 1t may become necessary to subst1tute a new MBE or WBE 1n order to actually fulfill the BE requirements The contractor must notify the Purchasmg Agent immediately 1n writmg of the to reduce or ternunate a BE subcontract and to utilize a substitute firm for some phase of work. The contractor?s noti?cation should include the name, address and principal of?cial of the substitute and the dollar value and scope of work of the subcontract Attached should be all the requisite BE af?davits and documents, as enumerated above in Sect1on V, ?Procedure to Determine Bid Compliance The City will not approve extra payment for escalated costs incurred by the contractor when a substitution of subcontractors becomes necessary for the contractor 1n order to comply with BE contract requirements After award of contract, no relief of the BE requirements will be granted by the City except in exceptional circumstances Requests for complete or partial waiver of the requirements of this contract must be made in writing, stating all details of the request, the circumstances, and any additional relevant information. The request must be accompanied by a record of all efforts taken by the contractor to locate speci?c ?rms, solicit MBENVBE bids, seek assistance from technical assistance agencies, etc as outlined above 111 the section entitled "Regulations Governing Reductions To or Waiver of Goals? Non-Compliance and Damages The following constitutes a material breach of this contract and shall entitle the City to declare a default, terminate the contract and exercise those remedies provided for in the contract, at law or in equity (1) failure to satisfy the percentages required by the contract; and (2) the contractor or subcontractor is disquali?ed as a MBE or WBE, such status was a factor in contract award, and was misrepresented by the contractor In the event that the contractor is determined not to have been involved in any misrepresentation of the status of the disquali?ed subcontractor or supplier, the contractor shall seek to discharge the disqualified subcontractor or supplier, upon proper notification to the Purchasing Agent andlor Contract Compliance Administrator and make every effort to identify and engage a quali?ed MBE or WEE as its replacement. Furthermore, contmued eligibility to enter into future contracting arrangements with the City may be jeopardized as a result of non-compliance Payments due to the contractor may be withheld until corrective action is taken. Purchasing: Prof Service Special Condition (Rev. W) Page 8 of 10 IX. Purchasing: Prof Service BE Special Condition (Rev. 396) SPECIAL CONDITION FOR PROFESSIONAL SERVICE CONTRACTS Arbitration A. In the event a contractor has not complied With the contractual BE percentages 1n its Schedule D, under utihzation of shall entitle the affected BE to recover from the contractor damages suffered by such entity as a result of being underutilized, provided, however, that this prov1510n shall not apply to the extent such underut1lization occurs pursuant to a waiver or substitution, approved by the City The Ordinance and contracts subject thereto provide that any d1sputes between the contractor and such affected regarding damages shall be resolved by binding arbitration before an independent arb1trator other than the City, with reasonable expenses, mcludmg attorney?s fees, being recoverable by a prevailing in accordance With these regulations This prov1sion is intended for the bene?t of any affected by underutilization and grants such entity speci?c third party bene?ciary rights. Any rights conferred by this regulation are non-waivable and take precedence over any agreement to the contrary, including but not limited to those contained in a subcontract, suborder, or communicated orally between a contractor and a B. A BE desiring to arbitrate shall contact the contractor in writing to initiate the arbitrative process. Except as otherwise agreed to in writing by the affected parties subject to the limitation contained in the last sentence of the previous paragraph, within ten (10) days of the contractor receiving noti?cation of the intent to arbitrate from the the above-described disputes shall be arbitrated in accordance with the Commercial - Arbitration Rules of the American Arbitration Association a not-for-profit agency, with an of?ce at 225 North Michigan Avenue, Suite 2527, Chicago, Illinois 60601- 7601 [Phone. (312) 616-6560; Fax (312) 819-0404] All such arbitrations shall be initiated by the filing a demand for arbitration with the shall be conducted by the and held in Chicago, Illinms. C. All fees of the arbitrator are the initial responsibility of the provided, however, that the arbitrator is authorized to award reasonable expenses, including attorney? 3 and arbitrator fees, as damages to a prevailing D. The must send the City a copy of the "Demand for Arbitration? within ten (10) days after it is ?led with. the The also must send the City a copy of the decision of the arbitrator within ten (10) days of receivmg such decision. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Record Keeging The Contractor shall maintain records of all relevant data with respect to the utilization of retaining these records for a period of at least three years after ?nal acceptance of the work. Full access to these records shall be granted to the City of Chicago, Federal or State authorities in this project, the Department of Justice, or any duly authorized representatives thereof. Page 9 of 10 SPECIAL CONDITION FOR PROFESSIONAL SERVICE CONTRACTS XI. Information Sources Small busmess guaranteed loans, surety bond guarantees, 8 certi?cation US. Small Business Administration S.B.A. - Bond Guarantee Program 500 Madison Street, Suite 1250 Surety Bonds Chicago, Illinois 60601 300 South Rivers1de Plaza Attention Robert Conner Room 197 5-8 (312) 353-4528 Chicago, Illinois 60606-6611 Attention Tony Zanetello (312) 353-7 331 S.B.A. - Procurement Assistance 300 South Riverside Plaza Room 1975-8 Chicago, Illinms 60606-6611 Attention' Robert Murphy, Assastant Regional Administrator (312) 353-4503 Project information and general BE information. City of Chicago City of Chicago Department of Purchases Department of Purchases Contract Monitoring and Compliance Contract Administration Division City Hall - Room 403 City Hall - Room 403 Chicago, Illinois 60602 Chicago, Illinois 60602 Attention Carnice Carey Attention: Byron Whittaker (312) 744-1895 (312) 744-4926 Directory of Certi?ed Disadvantaged, Minority and Women Business Enterprises- City of Chicago Department of Purchases Certi?cation Unit City Hall - Room 403 Chicago, Illinois 60602 Attention' Dawn Hudspeth (312) 744?1896 Information on availability 1n the manufacturing, sales or supplies, and related ?elds (direct assistance from 42 regional affiliates located throughout the National Minority Suppliers Chicago Minority Business Development Council, Inc. Development Council 15 W. 29th Street - 9th Floor 36 South Wabash - Suite 725 New York, New York 10018 Chicago, Illinois 60603 Attention Harriet R. Michell Attention. Mayo Foster-Thompson (212) 944-2430 (312) 263-0105 Purchasing: Prof Service Special Condition (Rev. 3/96) Page 10 of 10 Revised 5-23-96 Latin American Chamber of Commerce 2539 N. Kedzie - Suite 12 Chicago, Illinois 60647 Attn: D. Lorenzo Padron (312) 252-5211 (312) 252-7065* Women In Business Yellow Pages 7358 Lincoln Ave., Ste 150 Chica 0, Illinois 60646 Attn: da Bialik (847) 679-7800 (847) 679-7845* i--.an American Small Business Association 5023 N. Broadway Chicago, Illinois 60640 Attn: Charles 800 (312) 728-1030 Minority Economic Resource orp. Minority Business Dept. 2570 E. Devon Ave. Des Plaines, Illinois 60018 Attm Bill Morgan (847) 297-4705 4.7) 297?5343* National Association of Women Business Owners?Chicago Chapt. 175 W. Jackson, Ste. 625 Chica 0, Illinois 60604 Attn: andra Gibley (312) 322-0990 (312) 461-0238* Facsimile Number ATTACHMENT A ASSIST AGENCIES NON CONSTRUCTION Midwest Women?s Center 828 S. Wabash Ave, Suite 200 Chica 0, Illinois 60605 Attn: arsha Medemal Laurina Uribe (312) 922-8530 (312) 922-8931* Illinois Dept. of Commerce and Community Affairs 100 W. Randolph - Ste. 3-400 Chica Illinms 60601 Attn: Ollie Cole (312) 814-7176 (312) 814-6732* Industrial Council of Northwest Chica 2023 W. Carroll. ve. Chica?o, Illinois 60612 Attn: en Govas (312) 421-3941 (312) 421-1871? Uptown Center Hull House 4520 N. Beacon Chicag, Illinois 60640 Attn: acob/Curt Roeschley (312) 561-3500 (312) The Nei hborhood Institute 2255 E. 5th Street Chicago, Illinois 60649 Attn: Olivia Grady/Adrian Hill (312) 933-2021 (312) 933-2039? Page 1 International Trade Bureau Operation Push 930 E. 50th Street Chica 0, Illinois 60615 Attn: oris Davenport (312) 373-3366 (312) 373-3571" Chicago Minority Business Development Council 11 S. LaSalle Street - Ste. 580 Chica 0, Illinois 60603-1202 Attn: Foster Thompson (312) 263-0105 (312) 263-0280* Triton College Small Bus. evelopment Ctr. 2000 Fifth Avenue River Grove, Illinois 60171 Attn: Harry McGinnis (708) 456-0300 - Ext. 3479 (708) 583-3118? Revised 5-23-96 Cosmopolitan Chamber of Commerce 1326 S. Michigan- Suite 100 Chicago, Illinois 60605- 2602 Attn: Consuelo Pope/Lylah Booker (312) 786-0212 (312) 736-90759" Westside Small Business Develog?r?nentc orp. laski Road ca 0, Illinois 60624 Attn: etty Boston (312) 638?1990 (312) 638-4851* Women?s Business Development Center 8 South Michigan Ave. - Suite 400 Chica 0, Illinois 60603-3306 Attn: lizabeth Scully/ Lillie. Coop er (312) 853-3477 (312) 853-0145? A Little Villa 26th Street ea Cham er of Commerce -0 West 26th Street Chica 0, Illinois 60623 Attn: ose Luis Perez (312) 521-5387 (312) 521-7103'? Facsimile Number ATTACHMENT A ASSIST AGENCIES NON CONSTRUCTION Chica 0 Urban League 4510 Michigan Chica 0, Illinois 60653 Attn: eeV. Smith (312) 285?5800 X383 (312) 285-777?? Mexican American Chamber of Commerce of Illinois 150 N. Michigan Ave., Ste. 1210 Chicago, Illinois 60601 Attn: Geor Loera (312) 551- 0 08 (312) 551-0914? State of 111 De of Central Management rvices Business Ente rises Division 100 W. Randolp Suite 4-400 Chicag-g, Illinois 60601 ene Cualoping (312)814-4190 (312) 814-6664* Page 2 Revised 5-23?96 Association of Asian Construction Enterprises 333 North Ogden Avenue Chicago, IL 60607 Attn: Mr. Perry Nakachi, President (312) 563-0746 (312) 666-1785* Black Contractors United 1603 S. Michigan Ave., Suite 503 Chica 0, IL 60616-1209 ttn: aylor Cotton 12) 663-0704 (312) 663-0706* Hispanic-American Construction Industry Associations (HACIA) 542 South Dearborn, Ste. 610 Chica 0, IL 60605-1527 Attn: 'g'uel d'Escoto (312)786-0101 (312) 786-0104 I. Facsimile Number ATTACHMENT A ASSIST AGENCIES CONSTRUCTION Federation of Women Contractors 117 N. Jefferson St., Ste. 201 Chicago, IL 60661 Attn: Theresa Kern, President or Mary Kay Menaghan, Executive Director (312)655-0033 (312)655-1213* Mexican American Chamber of Commerce of Illinois 150 N. Michigan Ave. Ste. 1210 Chicago, Illinois 60601 Attn: Geor Loera (312) 551-0 08 (312) 551-0914* African American Contractors Association 1350 South Michigan Avenue Chica 0, Illinois 60605 Attn: mar Shareef, President (312) 915-5960 (312) 939-2780* Page 3 ATTACHMENT (0N LETTERHEAD) RETURN RECEIPT REQUESTED (Date) Re: Speci?cation No: B6-96890-05 Description: (Assist Agency Name and Address) Dear [Bidder/Proplosm; intends to submit a bid/proposal in response to the above re erence spec1 matron Withthe City of Chicago. Bids are due advertised speci?cation with the City of Chicago. The followin areas have been identi?ed for subcontracting opportunities on both a direct and in 'rect basis: Our efforts to identity potential subcontractors have not been successful in order to meet the DisadvantagedfMinority/W omen Business Entegzrise contract goal. Due to the inability to identify an appropriate IWBE ?rm certi?ed by the City of Chicago to participate as a subcontractor or joint venture artner, a request for the waiver of the contract goals will be submitted. you are aware of such a ?rm, please contact at Name of Company Representative within (10) ten working address/phone days of receipt of this letter. Under the City of Chicago?s Ordinance, your agency is entitled to comment upon this waiver request to the City of Chicago. Written comments may be directed within ?fteen (15) working days of your receipt of this letter to: Troy Ratliff, DeIputy Purchasing Agent Department of urchases, Contracts and Supplies City of Chica 121 North La alle Street, Room 403 Chicago, Illinois 60602 Ifyou wish to discuss this matter, please contact the undersigned at Sincerely, Rev. 1196 SCHEDULE B: Af?davit of Joint Venture This form need not be submitted if all joint venturers are MBEs and/or WBEs. In such a case. however. a written joint venture agreement among the MBE and WBE venturers must be submitted. In all proposed joint ventures, each MBE and/or WBE venturer must submit a copy of their current Letter of Certi?cation. ALL INFORMATION REQUESTED BY THIS SCHEDULE MUST BE ANSWERED IN THE SPACES PROVIDED. DO NOT REFER TO YOUR JOINT VENTURE AGREEMENT EXCEPT TO EXPAND ON ANSWERS PROVIDED ON THIS FORM. IF ADDITIONAL SPACE IS REQUIRED, ADDITIONAL SHEETS MAY BE ATTACHED. I. Name of joint venture: Address of joint venture: Phone number of joint venture: II. Identify each BE venturer(s): Name of Firm: Address: Phone: Contact person for matters concerning BE compliance: Identify each BE venturer(s): Name of Firm: Address: Phone: Contact person for matters concerning BE compliance: IV. Describe the role(s) of the MBE andlor WBE venturer(s) in the joint venture: V. Attach a copy of the joint venture agreement. In order to demonstrate the MBE and/or WBE venturer?s share in the own ership, control, management responsibilities, risks and pro?ts of the joint venture, the proposed joint venture agreement must include speci?c details related to: the contributions of capital and equipment; (2) work items to be performed by the own forces: (3) work items to he performed under the supervision of the BE venturer; and (4) the commitment of management. supervisory and operative personnel employed by the to be dedicated to the performance of the project. VI. Ownership of the Joint Venture. A. What are the percentage(s) of BE ownership of the joint venture? BE ownership percentage(s) BE ownership percentage(s) Purchasmg Form Schedule 3 (Rev. ms) PAGE 1 OF 5 Schedule Af?dawt of Jenn: Ventuu VI. Ownership of the Joint Venture (continued): B. Specify percentages for each of the following (provide narrative descriptions and other detail as applicable): 1. Profit and loss sharing: 2. Capital contributions: Dollar amounts of initial contribution: Dollar amounts of anticipated On-going contributions: 3. Contributions of equipment (Specify types, quality and quanti?es of equipment to be provided by each venturer): 4. Other applicable ownership interests, including ownership options or other agreemelg.? which restrict or limit ownership and/or control: 5. Provide copies of g? written agreements between venturers concerning this project. 6. Identify each current City of Chicago contract (and each contract completed during the past two (2) years) by a joint venture of two or more ?rms participating in this joint venture: Control of and Particthion in the Joint Venture. Identify by name and ?rm those individl. who are, or will be, responsible for, and have the authority to engage in the following management functions and policy decisions. (Indicate any limitations to their authority such as dollar limits and co-signatory requirements): A. Joint venture check signing: B. Authority to enter contracts on behalf of the joint venture: Purchasmg Form Schedule (Rev 2188) PAGE 2 or 5 Schedule A?ldav? of Jomt Venture C. Signing, co-signing and/or collateralizing loans: D. Acquisition of lines of credit: E. Acquisition and indemni?cation of payment and performance bonds: F. Negotiating and signing labor agreements: G. Management of contract performance. (Identify by name and firm only): 1. Supervision of ?eld operations: 2. Major purchases: 3. Estimating: 4. Engineering: IX. Financial Controls of oint venture: A. Which ?rm and/or individual will be responsible for keeping the books of account? B. Identify the "managing partner,? if any, and describe the means and measure of their compensation: C. What authority does each venturer have to commit or obligate the other to insurance and bonding companies, ?nancing institutions. suppliers. subcontractors, and/or other parties participating in the performance of this contract or the work of this project? Purchasmg Form Schedule 3 (Rev. 2188) PAGE 3 OF 5 Schedule Affidamt of Janet Venture JEIWBE) K. State the approximate number of operative personnel (by trade) needed to perform the joint venture?s work under this contract. Indicate whether they will be employees of the non- ?rm, the BE firm, or the joint venture. Wee Firm Joint Venture (number) (number) (number) If any personnel proposed for this project will be employees of the joint venture: . A. Are any proposed joint venture employees currently employed by either venturer? Currently employed by BE (number) Employed by BE B. Identify by name and firm the individual who will be responsible for hiring joint venture employees: C. Which venturer will be responsible for the preparation of joint venture payrolls: XI. Please state any material facts of additional information pertinent to the control and structure of this joint venture. Purchasmg Form Schedule (Rev 2/88) PAGE 4 OF 5 Schedule Af?dawt of Joan Venture The undersigned af?rms that the foregoing statements are correct and include all material information neCessary to identify and explain the terms and operations of our joint venture and the intended participation of each venturer in the undertaking. Further, the undersigned covenant and agree to provide to the City current. complete and accurate information regarding actual joint venture work and the payment therefore, and any proposed changes in any provision of the joint venture agreement, and to permit the audit and examination of the books, records and ?les of the joint venture, or those of each venturer relevant to the joint venture by authorized representatives of the City or the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under federal or state laws concerning false statements. Note: If, after ?ling this Schedule and before the completion on the joint venture?s work on the project. there is any change in the information submitted, the joint venture must inform the City of Chicago, either directly or through the prime contractor if the joint venture is a subcontractor. Name of BE Partner Firm Name of Partner Firm Signature of Af?ant Signature of Affiant Name and Title of Af?ant Name and Title of Af?ant Date Date 011 this day of . 19 the above-signed of?cers (names of germs) person ally appeared and, known to me be the persons described in the foregoing Af?davit, acknowledged that they executed the same in the capacity therein stated and for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and of?cial seal. Signature of Notary Public My Commission Expire: (SEAL) Purchesmg Form Schedule (Row. me) PAGE 5 OF 5 TERM AGREEMENT DEPENDS UPON REQUIREMENT: HQLU Z'Uuitu. Licence-35.. elated Serv1ces Contract Nth. . uab_ 4? Speczfication Non Stateot' 1111:1015 Cook County (City) of DECLARE AND AFFIRM thatl am duly authorized representative of: Environmental Auto Removal Inc. Home of BIddl?PfOp?Slf and that I have personally reviewed the material and facts set forth herein describing our propo: plan to achieve the goals ofthis contract. All ?rms included' in this plan have been certi?ed as such by the City of Chicago of Certi?cation Attached) or have had a complete application for certi?cation on fi with the City of Chicago for at least 30 days. 1. Direct Participation of MBEIWBE Firms - - (Note: The bidderiproposer shall, in determining the manner of? participation. first conszder involvement with firms as Joint venture partners, subcontractors, and suppliers of goons and services directly related to the performance of this contract.) A. If bidder proposer is a. certified or WBE firm. attach copy of City of CMcago Let-t: of Certification. (Certi?cation of the bidderrproposer an MBE satis?es the only. Certi?cation of the bidderzproposer as a WBE satis?es the WEB goal only. 3188 B. If bidderzproposer is a joint venture and one or more joint venture partners are certi?- MBEs or WBEs. attach copies of Letters of Certi?cation and a copy of Joint Ventur Agreement clearly describing the role of the MBWBE ?rmls) and its 03219131111) inter in the joint venture. C. BE Petromex, Inc. 1. Name of 14702 South Hamlin, MLdlothian, 60445 Address: Contact Person: Felipe J. Estrada Phone: 703-439-1733 Amount Participation 3 0 3 6 8 9 Percent Amount of Participation: 5- 05 Schedule attached? Yes No 0 (see page 2) PURCHASING SCH 0-1 (named as?) Page 1 or I-n Amm?I?. 773-978?3901 Address: - Contact Per- .. Stewart Bradshaw Phone. .. 80.984 Dollar Amount Participation 3 Percent Amount of Participation: 0 6 Schedule attached? Yes No 3 Action Iron Metal, Inc. 3315 West 3lst Street, Chlcago, IllinOlS 60623 Address: ContactPerson: Manly? Mucerino Phone: 773?247'4120 Dollar Amount Participation 8 3 0 0 0 Percent Amount of ParticipationSchedule attached? Yes No 4. Thorncreek Material Haulers. Inc. Address: _19449 Glendale-Chicago Heights Road; Glenwood?oign . Contact Person: Shirley McNally Phone: 708'754?5173 Dalia: Aniount Participation 6 5 0 0 0 Percent Aniount of Participation: 3 2 6 ?5 Schedule C-I attached? Yea No - 5. Nameomams: 5' Sales Corporatlon 13856 South Halsted. Riverdale, Illinois 60627 Address: ContactPerson: Judith 1" Lubin Phone: 708-84lcl995 Dollar Amount Participation 8 0 2 3 - Percent Amount of Participation: 0 0 2 ?5 Schedule attached? Yes No 32? Attach additional sheets as needed. All Schedule C- 1: and Letters of Certi?cation submitted with must be submitu- so 8.: to assure receipt by the Contract Administrator within three (3) business days after bit: opening (or proposal due date.) PURCHASING 5:11 9-1 (Rusted mm Page 2 0f a, u- 922 Soutn 23rd Avenue, ood, 6013? Percy L. Johnson phone: 773*889-8011 Address Con tact Person. Dollar Amount Participation 3 Percent Amount of Participation. Schedule C-Iattached? Yes No . 7. a: 3?39?? 1207 Illinois 60651 Address: 773-26lp5075 Larry Jackson Phone: Contact Person: Dolls: Amount Participation 8 Percent Amount of Participation: Schedule Col attached? Yes No 5: E- Towing Serv1ce 8- 1125 5- Road; ?Chlcago. Illinois 60624 773?265-0075 a. Dollar Aniount Participation - Percent Aniount of Participation Schedule C-lattached? Yes No Talon Towing and Recovery 9 - 5. Name 2025 25th Avenue, Briadview. Illin01e 60153 Address: ContactPez-son: Noble Pearce Phone: 312"370'3954 Dollar Amount Participation ?5 Percent Amount ofParticipa tion: Schedule c-1 attached? Yes No - 363? Attach additional sheets as need ed. must be Submifw All Schedule Cd: and Letters of Certi?cation 5195 submitted with bidfproposal . so as to assure receipt by the Contract Administrator within three (3) business days after bu opening (or proposal due date.) #uscz-msma SCH o-r (Rewsed can Page 2 of ll. 12. 13. Addressi 35%: Attach additional sheets as n?eod ed. 11*4 "coo UJLH Address*_ . .. 708-563-170 Contact Person: Thomas Heard JPhone: Dollar Amount Participation 3 Percent Amount of Participation: ?6 Schedule Col attached? Yes No Name Hunter Towxng Address: 1300 East 74th Street, Chicago, Illinois 60619 Contact Person: Julia Moultry Phone: 773-?363?3797 Q0113: Amount Participation 3 . Percent Amount ofParticipation: ?5 - Schedule 04 attached? Yes No - Name Hook Ride Towing 2353 South Trumbull, Chicago, Illinois 60623 773?245*0006 Contact Person: Joe Garcia Phone: Do Ha: Aniount Participation Percent Amount ofParticipation: Schedule attached? Yes No a Car Carrier am: of MBENIBE: 12747 South Bishop, Calumet City, Illinois 60637 Address: Eu one Herron 773-493?2977 Contact Person: 9 Phone:__ Dollar Ainount Participation 8 Percent Amount of Participation: ?5 Schedule attached? Yes No 1'1- All Schedule C-13 and Letters of Certi?cation 335 submitted with bidlproposal be submit . so as to assure receipt by the Contract Administrator within three (3) business days after in. opening proposal due date.) Page Zof SCH 0-1 n7! Addressv .. Yates Phone. 773'522?5285 Conmc: Dollar Amount Participation Percent Amount of Participation ?5 Schedule C-Iattached? Yes No - Percy's Towing 5 - Name 1730 North Keatlng Avenue, Chicago, IllanlS 6063 312-654?2407 Percy Martin Phone: 773?521?3484 Address: Contact Person: Dollar Amount Participation 8 Percent Amount of Participation: ?5 Schedule C-l attached? Yes No Watson and Son's Towing 6 . Name of 14844 South Ashland, Harvey, Illin01s 60426 773-874?4714 L.C. Watson Phone: 708?331?5158 Address: Contact Person: Dollar Amount Participation 3 Percent Amount of Participation: Schedule C-lattached? Yes No - Mota's Tow1ng 7 . Name 2122 West 23rd Place. Chicago, IllanlS 60608 Address: Contact Person: Salvador Mota Pho7nZ:3 5 2 31:33 3 3' 5 5 6 Dollor Amount Phrticipation Percent Amount of Participa tion: ?5 Schedule Co! attached? Yes No Attach additional sheets as needed. All Schedule C- Is and Letters of Certi?cation n_ot submitted with bidlproposal must be submitter so to assure receipt by the Contract Administrator within three (3) business days after bu opening (or proposal due date.) pom-m smo SCH o-1 (Rewsed an Page 2 of - our?- "-n?u?tm 3242 South 50th Avenue, F?cero, IllanlS 708*- Address:_ OllVla Sandoval Phone: 60804 652?6691 Con tact Person: Dollar Amount Participation 5 Percent Amount of Participation: ScheduleC-I attached? Yes No 19- at Qumexr Inc. 14702 S. Hamlin Avenue, Midlothian, IllinOlS 60445 Address: ContactPersonf Felipe Estrada Phone: 703?597'5207 Dollar Amount Participation 8 0 2 3 Percent Amount ofPai-ticipation: 0 0 2 ?5 Schedule C-l attached? You No 20 Name a Auto Towing Recovery 'Addm, i2034- s; Lowe. Chicago. Illinoes 60628 Lydia Gill phone: 312~66o?9315 Dollar Arriount Participation 5 Percent Amount of Participation: ?5 Schedule 04 attached? Yes No 21 - 1o; Name ?moms: calm? Towmg 5? Recwery' Inc - Addre 3 8256 South Elizabeth, Chicago, 60620 . 773*483w6211 Contact Person: Jerome I . Ca lv1n Phone: Dollar Amount Participation Percent Amount of Participation: Schedule C-l attached? Yea No Xes Attach additional sheets .11.. deeded. - Ail Schedule 0-1: and better: of Certi?cation out. submitted with bidlpropoeal must be submitted so as to assure receipt by the Contract Administrator within three (3) business days after h'3 opening (or purpose] due date.) PURCHASING SCH o-1 (named be?) Page 2 of: ends-I uI-w- can:c:pat:on outlined in Section I. If the MBEWBE goals have not been met ?has? on partialpatlon, meme nil be expected to demonstrate th; :e proposed direct participation represents the maximum achievable under the Circumstances. Only after such a demonstration indirect participation be consulered.) proposed to perform work or supply goods or semces where such performance does not directly relate to the performance oftlzus contract: A. Name Address: Contact Person: Phone: Dollar Amount Participation 3 Percent Amount of Participation: ?5 Schedule Col attached? Yes No B. Name of Address: Contact Person: Phone: Dollar Amount Participation 3 Percent Amount of Participation: ?5 Schedule attached? Yes No - - C. Name Address: Contact Person: Phone: Dollar Amount Participation 8 Percent Amount of Participation: ?5 Schedule attached? - Yes No D. Name - Address: Contact Person: Phone: Dollar Amount Participation 3 Percent Amount of Participatio n: ?25 Schedule C-I attachedAttach additionalsheetsasneeded. b.3- 'All Schedule Oh and Letters of Certi?cation not submitted with bidfproposal must be submitted as to assure receipt by the Conn-act Administrator within three (3) business days after bid opening: (or proposal due date). PURCHASING sex on (Reels?ed to?) Page 3 of - tuyuaal. 1. MBE Dirac. articipadon (from Section L): - MBE Firm Name Dollar Amount Percent Amount of Participation ot'parncipaticm Petromex 303,689 6 Brad's Tire 3 80,984 .016 i Quimex, Inc. 3 10,123 .002 3 Calvin's 6: Recovery, Iguc. Tow Services 65 5 Parrish Yates Tow Serv1ces 8 i 95 Perc '3 Town 1? .1. '38. ?Big??lmsf?mnm' 5?3 5 MRS Firm Name Dollar-Amount Percent Amour-?? <1 of Participation of participatic: w. Watson and Son's Tow1ng Tow SerVices q, Mota's Tow1ng 8 u: ?g E. Heard's Tow1.n_g 3 q, Hook Ride Towing 8 ?b *?ee gdaitiga?i MBEs attechei. ,5 B. WBE Proposalr - 1. was Direct ?ax-?cipadan (from Section L): WEE Firm Name Dollar Amount Percent. #:1110911: 3 Action Iron 6: Metal, Inc. ofPar?c?p%%oon .. Thorncreek Material Hauler's? Inc. 165000 3:26 '73 Sales Corporation 8 10,123 002 g, a, 8: Auto Towing RecoverY: Inc. v; - . 1- Hunter Tow1ng 3 GB - o? E, TotalDirectWBE Participation: - 227'765 4-5 as 2. WEE Indirect Participation (from Section ID: WEE Name Donal-Amount Percent Amount ?Participation ofparticipatiox- ?g 3 a. I a la! Total Indirect WBE Participation: Q, PURCHASING SCH (Remud L37) Page 4 of MBE Firm Name Dollar Amount of Part1c1pation Car Carriers Percent Amount of participation Percy's 24 Hour Towing Larry Jackson Towing Service Talon Towing Recovery Higinio Towing TOTAL DIRECT MBE PARTICIPATION 855,389 16.9% TERM DEPENDS UPON REQUIREMENT The contractor designate' "e following person as their MBE. Liaison Officer: Joel H. BzeJerman 708*333-7348 Name ?Phone Number: I do solemnly declare and af?rm under penalties of perjury that the contents of the fax-:80; document are true and correct. and that I am authorized. on behalf of the contractor, to ma affidavit. Sig?nntu? afAMant mm) Cobk County of This instrument was acknowledged before me on June (date) by Joel H. Braverman (name/sofperson/s) A551stant General Manager (type of Environmental 1 Auto Removal 1 (?Egg prarty on behalfof when: was executed). .. OFFICIAL SEAL BERNARD NOTARY PUBLIC. STATE OF ILLINOIS HY EXPMES 02? 6/00 HAM (Se 5 PURCHASING SCH D-1 (and at?) 39 0 C-l Letter of Intent from MBEJWBE to Perform es Subcontractor. Supplier endior Consultant AUTO POUND MANAGEMENT AND Name ofProject'Contract: RELATED -- Speci?cation Number 36?96890-05 From: Tow1nq M88: Yes :No Yes To: Environmental Auto I Inc . and the City of Chicago: (None of Prune Contractor . hidden-Propose? The undersigned intends to perform work in connection with the above projects as e: 3 Sole Proprietor Corporation Partnership Joint Venture The MBEJWBE status of the undersigned' ts con?rmed by the attached letter of Certi?cation from the City of Chicago effective date of to for a period of one year. The undersigned is prepared to provide the following described services or supply the followmg described goods in connection with the above named projectfcontract: Towing Services. The above described performance is offered for the following price and described terms of payment: If more space is needed to fully describe the MBEIWBE ?rm's proposed scope of work and/or payment schedule. attach additional sheets. The undersigned will enter into a formal written agreement for the above work with you as 9. Prime Contractor. conditioned upon your execution of a contract with the City of Chicago. and will do so within (3) three working days of receipt of a signed contract from the City of Chicago. Larry Jackson, Owner Name {Title IPrint) June 16, 1997 Due 773?261?5075 Phone scu c-1 (nu-mi em) Pat? 1 of 1 (mum kluulk Grub {cu-3 Putin? Agent Cu" M403 North mm! CWJIM 60602-1234 UH) 744-4900 (?3744-2913 (Tn-l a dual us ?131997 Larry Jackson. Owner La Jackson 120 North Massasoit Chicago. IL 60651 Dear Mr Jackson. We are pleased to inform ou that Larry Jackson has been certified as a MBE by the Clty of tea 0 The (artificatlon, which as valid for one year, expire June 3 1998. You must apply for recerti?cation no less than sixty days prior to the expiration date to ensure that your certificatron does not lapse. In the next edition of the Disadvantaged Business Enterprases/Mrnority Busmess Enterprises/Women Business Enterprises Directory your firm be listed as a MBE in the specialty areals) of Towing Services Your firm's participation on City contracts Will be credited toward MBE goals in the certified area of specsalty While your parttopatron on City contracts is not llf?ltEd to your soeoalty, credit toward MBE goals only be given for work done in the certified specialty category. Your firm must oroVide written notification to Troy Ratliff. Deputy Purchasing Agent, if there are any changes in ownership and/or control of the firm. The City reserves the ri ht to decertify your from if the reqmred is not gwen Wit in 10 days. Certification may also be revoked for involvement in bidding or contractual irregularities. SInCErely. Actmg Purchasmg Agent CHEDULE C-l Letter of Intent from to Perform as Subcontractor. Supplier andl?or Consultant AUTO POUND MANAGEMENT AND Name of Project'Contract: RELATED SERVICES Specx?cation Number' From: 5: Towing MBE: Yes No {Name rum WEE: Yes No To: Environmental Auto Removal, Inc. and theCityofChicago: (Name of Prime Contractor - Budderr?ProposerI The undersigned intends to perform work in connection with the above projects as a: Sole Proprietor Corporation Partnership Joint Venture The MBEIWBE status of the undersigned is con?rmed by the attached letter of Certi?cation from the City of Chicago effective date of to for a penod ofone year. The undersigned is prepared to provide the following described services or supply the following described goods in connection with the above named projec?contract: Towinq Services. The above described performance is offered for the following price and described terms of payment If more space is needed to fully describe the MBEIWBE ?rm?s prOposed scope of work andfor payment schedule. attach additional sheets. The undersigned will enter into a formal written agreement for the above work with?you as a Prime Contractor. conditioned upon your execution of a contract with the City of Chicago. and will do so within (3) three working days of receipt of a signed contrect from the City of Chicago. - /i Signature of Owner or Authorized 15?an Carnell Smith. Owngz Name {Title lPrintl June 16. 1997 Date Phone PURCHASING 50-! (-1 (Rented I823 Page 1 of i ciiy of?ine; Richie H. M. Mayer Willi-chug Cm-lS? um Putin: Apt Cll} Hall. Room 403 lil \u?lh LISIIHSM Chicago. Billion 744m [3121 Tit-2949 lTl'Yl cut: iln Camel! Smith. Owner I Towi Service 1125 South ulaski Road Chicago. Illinois 60624 Dear Mr Smith: We are leased to inform you that a Towing Service has been certifi as an MBE by the City of Chica o. The certification. which is valid for one year. will expire June 3 . 1998. You must apply for recertification no less than sixty days prior to the expiration date to ensure that yOur certification does not lapse. In the next edition of the Disadvantaged Business EnterprisesIMinority Business Enterprises/Women Business Enterprises Directory your firm be listed as an MBE in the area(s) of. Towing Service ?Your firm's participation On City contracts will be credited toward MOE goals in the certified area of speCIalty. While your participation on City contracts is not Named to your specialty. credit toward MOE goals will only be given for work done in the certified specialty category Your firm must prowde written notification to Troy Ratliff, Deputy Purchasmg Agent, if there are any changes in ownership and/or control of the firm. The City reserves the right to decenify your firm if the rec?uired noti?cation is not given Within 10 days Certification may aso be revoked for involvement in bidding or contractual irregularities Sincerely, (gm Alexander . Acting Purchasing Agent AG/fmdr SCHEDULE C-I Letter of Intent from MBEAVBE to Perform as Subcontractor. Supplier andmr Consultant AUTO POUND MANAGEMENT NameofProjectContract: AND RELATED SERVICES Specu?icanon Number 136-96 890-05 From: Talon Tow1ng MBE: Yes 2; :No (Name omeewee Firm: WBE: Yes No To: Environmental Auto Removal, Inc. and theCityofChicago: (Name of Prime Contractor - BidderrProposer) The undersigned intends to perform work in connection with the above projects as a: Sole Proprietor Corporation Partnership Joint Venture The status of the underSIgned is con?rmed by the attached letter of Certification from the ity of Chicago effective date of to for a penod ofone year. The undersigned is prepared to promde the following descnbed semces or supply the following described goods in connection W?lth the above named projecta?contract: Towing Services. The above described performance is offered for the following price and descnbed terms of payment: "more space is needed to fully describe the ?rm?s proposed scope of work and/or payment schedule. attach additional sheets. The undersigned will enter into a formal written agreement for the above work with you a Prime Contractor. conditioned upon your execution of a contract with the City of Chicago. and will do so within (3) three working days of receipt of a signed contract from the City of Chicago. WML (Signature of Own;- or Authorized Agent: Noble Pear . Ownen Name {Title (Print) June l6I 1997 Date Phone PURCHASING sca c-1 (Rented :32} 708?343?8323 Page i 0? faulting W?l?thhw Denne- Hm CM and saline \hsaader Grab Acting Purchase ?not HIIL Room 403 North LaSclk Street Chicago. Illinois 60602-1284 74-14903 Quint-2949 (mt 11?th ct chi II as Milli]. Noble Pearce. Owner Talon Towing and Recovery 2025 25th Avenue Broadview, 60153 Dear Mr. Pearce: We are pleased to inform ou that Talon Towing and Recovery has been certified as an MBE the City of Chicago The certification, which is valid for one year. will expire June 30. 1998. You must apply for recertification no less than sixty days prior to the expiration date to ensure that your certification does not lapse In the next edition of the Disadvantaged Business Enterprises/Minority Business Enterprise-Women Business Enterprises Directory your firm be listed as an MBE in the specialty areals) of? Tovving Services Your ?rm?s participation on City contracts Will be credited toward MBE goals in the certified area ofspecialty While your participation on City contracts is not limited to our specialty, credit toward MBE goals will only be given for war done in the certified specialty category. Your firm must prowde written notification to Troy Ratliff, Deputy Purchasmg A em, if there are any changes in ownership andior control of the inn. The City reserves the right to decertify your firm if the re oired notification is not given Within 10 days. Certification may a so be revoked for involvement in bidding or contractual irregularities Sincerely. {44,5 lexander Acting Purchasmg Agent CHEDULE C-I Letter of intent from to Perform as Subcontractor. Supplier andJor Consultant AUTO POUND MANAGEMENT AND NameofProjecuContract: RELATED SERVICES Specification Number: From: Heard Tow1ng MBE: Yes 3 No (Nemeol'MBmE Firm: WEE: Yes i NO To: Env1ronmental Auto Remove].L Inc. and theCityofChicego: {Name 0! Prune Contractor - Bidderr?l?roposer) The undersigned intends to perform work in connection with the above projects as a: Sole Proprietor Corporation Partnership Joint Venture The status of the undersigned' ts con?rmed by the attached letter of Certi?cation from the City of Chicago effective date of to for a period of one year. The undersigned is prepared to provide the following described services or supply the following described goods in connection with the above named projectfcontraco Tow1ng Services. The above described performance is offered for the following price and described terms of payment: if more space is needed to fully describe the MBEIWBE ?rm's proposed scope of work andjor payment schedule. attach additional sheets. The undersigned will enter into a formal written agreement for the above work with you es 9. Prime Contractor. conditioned upon your execution of a contract with the City of Chicago. and will do so within (3) three working days of receipt of a signed contract from the City of em. 7M (Signature of Owner or Authorized} gent! ner Name {Title IPrint} June 16. 1991 Date 708~563~l708 Home/708?785?094S cell Phone 312?688?7863? pager PURCHASING SCH (-1 (Rama Page 1 of 1 i'I I 5.111. ?1 A .JLH on City ?(lingo M. Daley. Mayor Cmmsiippiiei Meander Cirzyb Acting Agent Cut) Hall. Room 403 121 North wall: Sum Chmgo. mums 60602-1284 (3 1444900 (312) 744-2949 {Tm buggy/w ci ch: 11 us HAY 191997 Thomas Heard, Owner Heard?s Towin 7453 West 63r Place Summit, ?IanlS 60501 Dear Mr Heard* We are pleased to inform you that Heard's Towing has been certified as an MBE by the City of Chicago The certi?cation, is valid for one year, wull expire May 31. 1998. You must apply for recertification no less than sixty days prior to the expiration date to ensure that your certificatlon does not lapse. In the next edition of the Disadvantaged Business Enterprises/Minority Enterprises/Women Business Enterprises Directory your firm be listed as an MBE in the specnalty area(s) of Towing Services Your firm's partiapation on City contracts be credited toward MBE goals in the certified area of specialty While your partiupation on City contracts as not limited to your speclalty, credit toward MBE goals Will only be given for work done an the certified speoalty category. Your firm must prowde wratten notification to Troy Ratliff, Deputy Purchasing Agent, if there are any changes In and/or control of the firm The City reserves the right to decertify your firm if the reqmred notification is not given Within 10 days. Certification may also be revoked for involvement in bidding or contractual irregularities Sincerely, a . Acting Purchasmg Agent AG 2% Lu: er oflntent from MBWBE to Fe:- as subcontractor. Supplier anchor Conch?ant Auto Pound Management an: Name ot'Project'Contract: Related Serszces Speci?cation Number: 86-96890?05 From: Petromex, Inc. MBE: Yes No (XweofMBmE Firms - WEE: Yes i No To: EnV1rcnmental Auto Removal, Inc. - and me City of Chicago: (Name of Prune Contractor - Bidden'Proposer) The undersigned intends to perform work in connection with the above projects as a: Sole Proprietor Corporation Partnership Joint Venture The status of the undersigned is con?rmed by the attached?letter of Certi?cation from the City of Chicago effective date of to for a period of one year. The undersigned is prepared to provide the following described services or supply the following described goods in connection with the above named project/contract: Purchase of gasoline_and other petroleum products. The above described performance is offered for the following price and described terms of payment Per payment schedule based on costs of sale. Estimated at 51x (6) percent of the contract; value of $300,000. If more space is needed to fully describe the MBEJWBE ?rm?s preposed scope of work and/or payment schedule, attach additional sheets. The undersigned will enter into a formal written agreement for the above work with you a: a Prime Contractor. conditioned upon your execution of a contract with the Citytof Chicago. and will do so within (3) three working days of receipt of a signed contract from the City of Chicago. (Signature or Owner or Authorized. Agent: Phil Estrada President Name {fit-la (Print) vets?48993533 Phone ruacnasmo sea :4 (Rented um ?39' of 1 City of Chicago Richard M. Daley, Mayor Department of Purchases, Contracts and Supplies Alexander Acting Purchasmg Agent City Hall Room 403 l2l North LaSalle Street Chicago. 60602-1284 M44900 (312) 744-2949 c1ch1 il us menses Mr Felipe Estrada Petromex 14702 South Hamlin Midlothian, 60445 Dear Mr, Estrada We are pleased to inform you that Petromex has been certified as a by the City of Chicago The certification, which is valid for one year, Will expire December 31. 1997 You must apply for recertification no less than Sixty days prior to the expiration date to ensure that your certification does not lapse In the next edition of the Disadvantaged Busmess Enterprises/Minority Busrness Enterprises/Women Busmess Enterprises Directory your firm will be listed as a in the speCIalty area(s) of' Sales, Distribution of Petroleum Products, Gasoline, Diesel Fuel and Special Fuels Your firm?s partICIpatron on City contracts Will be credited toward goals in the certified area of specialty While your participation on City contracts is not limited to your specralty, credit toward goals Will only be given for work done in the certified speCialty category Your firm must prowde written notification to Troy Ratliff, Deputy Purchasmg Agent, if there are any changes in ownership and/or control of the firm The City reserves the right to decertify your firm if the re uired notification is not given Within 10 days Certification may a so be revoked for involvement in bidding or contractual irregularities Sincerely, Alexander Acting Purchasing Agent SCHEDULE C-l Letter of Intent from MBEIWBE to Perform as Subcontractor. Supplier andfor Consultant Mana ement and Name of ProjectJContract: ?e?iateg gervureg Specification Number 136?95890?05 From: Brad Tlre. Inc. MBE: Yes No WEE: Yes To: Environmental Removal Inc and the City of Chicago: (Name of Prime Contractor Bidder/ProPOSer} The undersigned intends to perform work in connection with the above projects as a: Sole Proprietor Corporation Partnership Joint Venture The MBEIWBE status of the undersigned is con?rmed by the attached letter of Certification from the City of Chicago effective date of to for a period of one year. The undersigned is prepared to provide the following described services or supply the following described goods in connection with the above named projecticontract: Tire purchase of truck tires. repairs and automotlve services. The above described performance is offered for the following price and described terms of payment: Per payment schedule based on costs of sales. Estimated at .016% of contract; value of $80,984. If more space is needed to fully describe the MBEIWBE ?rm's proposed scape of work andlor payment schedule. attach additional sheets. The undersigned will enter into a formal written agreement for the above work with you as a Prime Contractor. conditioned upon your execution of a contract with the City of Chicago. and will do so within (3) three working days of receipt of a signed contract from the City of Chicago. (Signature . ?tuart Bradshaw Freeldent Name {Title (Print) 773?978-3900 Date Phone PURCHASING SCH 1(Revused 8/92) Page 1 of1 City of Clncago Richard Daley, Mayor Department of Purchases, Contracts and Supplies Alexander Acting Purclusmg Agent (Ity Hall Room 403 North LaSalle Street Imago (10603-1284 {Ill} 14-1490!) iiuwn c1 c111 ll us JAN221997 Mr Stuart Bradshaw, Presldent Brad?s Tire, Inc. 9100 South Chicago Avenue Chicago, IL 60617 Dear Mr Bradshaw We are pleased to Inform you that Brad's Tire, inc. has been certi?ed as an MBE by the City of Chicago. The IS valid for one year, expire January 31, 1998 You must apply for recertiflcatlon no less than Sixty days przor to the expiration date to ensure that your does not la pse. In the next edition of the Disadvantaged Business Enterpnses/Mlnonty Busmess Enterprises/Women Busrness Enterprises Drrectory your firm Will be listed as MBE In the speCIalty area(s) of New Tire (Passenger Trucks - Light, Large, Off Highway) Tire Repair, Tire Retreading andAutomotive Servrce Your particupatlon on City contracts be credited toward MBE goals In the certi?ed area of specialty While your on Ctty contracts us not [ImItEd to your specralty, Cl?QdIt toward MBE goals Will only be given for work done In the certified specralty category Your firm must provide written noti?cation to Troy Ratliff, Deput Purchasmg Agent, If there are any changes ownership an (or control of the ?rm The Crty reserves the to your firm If the requrred notification IS not given 10 days. Certification may also be revoked for Involvement In bidding or contractual irregulantres SINCEFEIY, Alexander Actm Purchasrn me:- o: Intentfrorn .3 Per 1rm a. obcontracmrjuppber andxor Con tan: Auto Pound Management a NameofProject'Contracc Related Services Specification Number: 35?95390_05 Action Iron MetalIr Inc. . No :No From: {Name of 31354932 Fires: - W3 Yes Environmental Auto Removal Inc . and the City ot'Chicago: {Run of Prune Contractor - BuddenProposer) To: The undersigned intends to perform work in connection with. the above projects as 3: Sole Proprietor Corporation Partnership Joint Venture The MBEXWBE status of the undersigned is con?rmed by the attachedletter of Certi?cation from the City of Chicago effective date of to for a . period ofone year. The undersigned is prepared to provide the following described services or Supply the follow-ring described goods in connection with the above named project?contracn Auto wrecking and scrap metal of abandoned vehicles. The above described performance is offered for the following price and described terms of payment: Per payment schedule based on amount of scrap. Estimated at .0006% of contract; value of $3,000. If more space is needed to fully describe the MBEJWBE Erin's preposed scope of work and/or attach additional sheets. The undersigned will enter into a formal written agreement for the above work with you 1.5 at Prime Contractor. conditioned upon your execution ofa contract with the Cithof Chicago. and will do so within (3) three working days of receipt ofa signed contract from the City of Chicago. (Signatae?of Owner or Authorised. Agenu Marilyn Mucerlno -hPre51dent Name {Title (Print) Date 773-247-4120 Phone PURCHASING sea-1 c4 (Revued 5.92} ?as 1 of 1 City of Chicago Richard M. Daley, Mayor Department of Purchases, Conn-acts and Supplies Alexander Acting Agent City Hall. Room 403 121 North LaSalle Street Chicago. Illinms 60602-1284 (312) 744-4900 (312) 744-2949 (TTY) inww c1 chi :1 us FEB 06 1997 Ms Marilyn Mucerino Action Iron Metal, Inc. 3315 West Street Chicago, IL 60623 Dear Ms Mucerino We are pleased to inform you that Action Iron MetaI, Inc. has been certified as a by the City of Chicago The certi?cation, which is valid for one year, expire January 31, 1998 You must apply for recertification no less than Sixty days prior to the expiration date to ensure that your certification does not lapse in the next edition of the Disadvantaged Busmess Enterprises/Minority Busmess Enterprises/Women Busmess Enterprises Directory your firm Will be listed as a DBEIWBE in the specialty area(s) of CONSTRUCTION: Auto Wrecking, Scrap Metal Yard. Radiator Repair and Construction Equrpment RentaI Your firm?s participation on City contracts Will be credited toward DBEIWBE goals in the certified area of speCIalty While your partiopation on City contracts is not limited to your speCialty, credit toward DBEIWBE goals Will only be given for work done in.the certified speCiaIty category Your firm must prowde written notification to Troy Ratliff, Deput Purchasmg Agent, if there are any changes in ownership an lor control of the firm The City reserves the ri ht to decertify your firm if the requned notification [5 not given Wit in 10 days. Certification may also be revoked for involvement in bidding or contractual irregularities Sincerely, Alexander Actin Purchasm A ent 9 9 AGfl'RIal C-l Lettet intent from to Perform a as Subcontractor. Supplier andlor Consultant Auto Pound Management and Name of ProjectIContracc Related Serv1ces# Speci?cation Number: 36"96890?05 1al Haulers Inc. From: Thorncreek Mater MBE: Yes No magnum: Firm: WEE: Yes 2 No To: Env1ronmental Auto Removal 1 Inc . and the City of Chicago: ante of Prune Contractor - BidderrPropoeerl The undersigned intends to perform work in connection with the above projects as a: Sole Proprietor Corporation Partnership Joint Venture The status of the undersigned is con?rmed by the attached letter of Certi?cation from the City of Chicago effective date of to for a pertod of one year. The undersigned is prepared to 91'0me the following described services or supply the following described goods' in connection with the above named projectfcontract: Trucking Serv1ces. The above descnbed performance is offered for the following price and described terms of payment: Per payment schedule based on volume. Estlmated at 3.26 of contract; value of If more space is needed to fully describe the MBEIWBE Erin's proposed scope of work andJor payment schedule. attach additional sheets. The undersigned will enter into a formal written agreement for the above work with you Is a Prime Contractor. conditioned upon your execution of a contract with the City of Chicago. and will do so within (3) three working days of receipt of a signed contract from the City of Chicago. Owner or Authorized Agent: ey McNally - Pre51dent Name {Title {Print} 708?75496973 Phone momma so: :4 mama) n9. 1 on Cm ol'Chlcago Richard M. Dale}. Mayor Department of Purchases, Contracts and Supplies Alexander GI?th Acting Purchasmg Agenl [:lall Room 403 Ill North LaSalle Street Chicago. 60602-1284 HUM-144900 [312] ?144-2949 ?we? c: ll us Recycle! .APR 08 1997 Ms McNally, President Thorncreek Materral Haulers, Inc. 19449 Glenwood-Chlcago Heights Road Glenwood, IL 60425 Dear Ms McNally We are pleased to Inform you that Thorncreek Material Haulers, Inc. has been certi?ed as a DBEIWBE by the City of Chicago The certification, IS valid for one year, explre April 30, 1998 You must apply for recertn?lcatlon no less than suxty days prior to the expiration date to ensure that your certification does not lapse in the next edition of the Disadvantaged Busmess Enterprises/Minority Busaness Enterprises/Women Busmess Enterprises Directory your firm be Ilsted as a tn the Specralty area(s} of Interstate and In trasta te Trucking Your firm's particupatlon on City contracts Will be toward goals the area of specualty Whrle your on City contracts IS not limited to your specralty, CfEdlt toward goals Will only be gwen for work done In the certified specralty category In order for a trucking firm to provude a commemally useful function, all of the followung conditions must be met -The prime contractor must drrectly call the trucking farm to request trucks, -The DBEIWBE trucking firm must dispatch the trucks to the prime contractor, -A l hauling must be done by trucks the owns or by trucks properly leased to the and operated under the Commerce Authority, and, -The truckmg firm must be responsuble for payments, Insurance, etc Including submittal of all payrolls to the Department where requlred. ch30 Va?, ii I. Dale). Mater Alexander Grub Acting Purchasmg Agent Hall Room 403 Ill .Norlh LaSalle Street Change 600024 234 ?3444900 312; ?$444949 ITTYJ mp ?an. en ch: ll us Page 2 Your firm must prowde written notification to Troy Ratliff, Depot Purchasmg Agent, :f there are any changes In ownership an xor control of the ?rm The Clty reserves the right to your ?rm lfthe requred noti?cation l5 not given 10 days may also be revoked for Involvement In bidding or contractual irregularities Sincerely, Alexander Acting Purchasmg Agent V. Letter of Intent from to Penurm as Subcon tracmr. Su ppiier endior Consultant Auto Pound Management a: NameofProject'Contz-act: Related Serv1ces Speci?cation Number: 35-95390_05 From: a es orporatlon MBE: Yes No (Smeormaownarim: . WBE: Yes 3 :No En 'ron 1 . To: v1 menta Auto Removal Inc . and the City of Chicago: (Name of Prune Contractor - BidderJ?Proposer) The undersigned intends to perform work in connection with the above projects as a: Sole Proprietor Corporation Partnership Joint Venture The MBEXWBE status of the undersigned is con?rmed by the attached?Ietter of Certi?cation from the City of Chicago effective date of to for a period of one year. The undersigned is prepared to provide the following described services or supply the following described goods in connection with the above named project/contract: Purchase of truck, trailer and automotiue parts and repalr and replacement of hose assemblles. The above described performance is offered for the following price and described terms of payment: Per payment schedule based on costs of sales. Estlmated at .002% of contract; value of $10,123. If more space is needed to fully describe the MBEIWBE Erni's proposed scope of work and/or payment schedule. attach additional sheets. The undersigned will enter into a formal written agreement for the above work with you as a Prime Contractor. conditioned upon your execution of a contract with the City of Chicago, and will do so within (3) three working days of receipt of a signed contract from the City of Chicago. ?aw" of Owner orvAt?homed Agent: 1th L. Lubln - Pre81dent Name {Title 708?841-1953" Phone PURCHASING SCH (-1 (Rewind 3.92} Page 1 of 1 City of Chicago Richard M. Daley, Mayor Department of Purchases, Contracts and Supplies Alexander Acting Purchasing Agent City Hall. Room 403 I21 North [3531]: Street Chicago. 606024284 (312) 744-4900 (312) 744-2949 (TTY) Ail Ameniaii Celebration 4 air Chicago'gb AUG301996 Ms. Judith Lubin, PreSident Sales Corporation 13856 South Halsted Riverdale, ?[an5 60627 Dear Ms Lubin: We are pleased to inform you that ESales Corporation has been certified as a WBE by the City of Chicago The certification, which is valid for one year, Will expire August 31. 1997 You must apply for recertification no less than Sixty days prior to the expiration date to ensure that your certification does not lapse In the next edition of the Disadvantaged Busmess Enterprises/Minority Busmess Enterprises/Women Busmess Enterprises Directory your firm be listed as a WBE in the speCialty area(s) of? Sale of Trucks. Trailers. Automotive and Mill Parts, Repair and Replacement of Hose Assemblies Your firm's partiapation on City contracts Will be credited toward WBE goals in the certified area of speCialty While your participation on City contracts is not limited to your specialty, credit toward WBE goals Will only be given for work done in the certified specualty category. Your firm must prowde written notification to Troy Ratliff, Deputy Purchasmg Agent, if there are any changes in ownership and/or control of the firm. The City reserves the right to decertify your firm if the reqmred notification is not given Within 10 days Certification may also be revoked for involvement in bidding or contractual irregularities. Sincerely, Alexander 2 Acting Purchasmg Agent Letter of Intent from to Perform as Subcontractor. Supplier sndior Consultant AUTO POUND MANAGEMENT AND Name ofProject'Conu-act: RELATED SERVICES Specification Number B6?96890w05 From: Percy's 34 Egg: Imlng M33: Yes :No (Name amazon: Firm: WBE: Yes No To: Environmental 3339 Removal. Inc- and the City OfChicago: (Name or Contractor- Bidder?'roposer) The undersigned intends to perform work in connection with the above projects as 8.: Sole Proprietor Corporation Partnership Joint Venture The MBEWBE status of the undersigned is con?rmed by the attached letter of Certi?cation from the City of Chicago effective date of to for a period of one year. The undersigned is prepared to provide the following described services or supply the following described goods in connection With the above named projectfcontract: Tow1ng Services. The above described performance is offered for the following price and described terms of payment: If more space is needed to fully describe the MBEIWBE ?rm's proposed scope of work and/or payment schedule. attach additional sheets. The undersigned will enter into a formal written agreement for the above work with you as a Prime Contractor. conditioned upon your execution of a contract with the City of Chicago. and will do so within (3) three working days of receipt of a signed contract from the City of Chicago. KP JX (Sign: of Owner or Authorized Agent: Percy Johnson, Owner Name {Title lPrint) June 16, 1997 Date Phone PURCHASING SCH c-t {lmsed I311 Page I o! I City of (Help Richard Dulles. Hagar Begum-{Firm Cm??plin Guy]: I min; Purchasing All! my Hnii Room 403 ill North LaSalh Street Chicago. Illinois 00602-1284 IS 2) 74449611 i3l2i 744-2949 rm) a dim! in Percy Johnson, Principal Owner Pa '5 24 HR Towrng 192 South 23rd Avenue Maywood,lL 60153 Dear Mr Johnson We are pleased to inform you that Percy's 24 HR Towing has been certified as a MBE by the City of Chicago The certification. which is valid for one year. expire June 30, 1998. You must apply for recertification no less than sixty days pnor to the Expiration date to ensure that your certification does not lapse In the next edition of the Disadvantaged Business Enterpnses/Minority Business Enterprisestomen Business Enterprises Directory your firm Will be listed as a MB: in the speaalty arealsl of: Towing Services Your firm?s partitipation on City contracts be credited toward MBE goals in the certified area of specralty While your partitipation on City contracts is not limited to your specialty. credit toward MBE goals wall only be given for work done in the certified speoalty category. Your firm must prowde written notification to Troy Ratliff, Deput Purchasing Agent. if there are any changes in ownership an for control of the firm The City reserves the ri ht to decertify your firm if the reqmred notification is not given out in 10 days. Certification may also be revoked for involvement in bidding or contractual irregularities. Sincerely. (?674 - Acting Purchasing Agent Letter of In tent from to Perform as Subcon tractor. Supplier sndlor Consultant AUTO POUND MANAGEMENT Name of ProjectIContract: SERVI CES Speci?cetion Number: Hunter From: 0 9 use: Yes No amuruamt rum WEE: Yes No To: Env1ronmental Auto Removal, Inc. end tbeCityofChicago: (Nun of Prune Contractor - Bidden?Pt-oposer) The undersigned intends to perform work in connection with the above projects as 3: Sole Proprietor Corporation Partnership Joint Venture The MBEIWBE status of the undersigned is con?rmed by the attached letter of Certi?cation from the City of Chicago effective date of to for a period of one year. The undersigned is prepared to provide the following described services or supply the following described goods in connection with the above named projecticonu-acu Towing Seerces - The above described performance is offered for the following price and described terms of payment: I If more space is needed to fully describe the ?rm's proposed scope of work and/or payment schedule. sttaeh additional sheets. The undersigned will enter into a forms! written agreement for the above work with you as a Prime Contractor. conditioned upon your execution of a contract with the City of Chicago. and will do so within (3) three working of receipt of A signed contract fro the City of Chicago. . (Signature of Owner or AuthoruW'Agenu Julia Moultry, Owner Num??wem?mn Juno 15+ LQQJ Date 773?363-3797 Phone PURCHASING SCH Cd (Revised am: Page i of 1 damage Rig-rm MMIW Milka-hoes. Contracts-slim Alexander Mull Pauli-nag Agent ll} Hall Roomw.? 12t\orih LISallt Street Chicago Illinois 60601-12? (312)744-4911) [33211143949 (TTY) hiithi? ti dii il us ?(Ill 91% ulia Moultry, Owner unto: Touring b1300 East 74th Street Chicago, IL 60619 bear Ms. Moultry: I We are pleased to inform you that Hunter Towing has been certified as a MBEIWBE by the City of Chicago. The certrfication, which is valid for one year, Will expire May 31, 1998. You must apply for recertification no less than sixty days prior to the expiration date to ensure that your certification does not lapse In the next edition of the Disadvantaged Busmess EnterpriseslMinority Business Enterpnsestomen Business Enterprises Directory your firm will be listed as a in the specialty area(s) of Towing Services Your firm's participation on City contracts will be credited toward MBEIWBE goals in the certified area of specialty. While your participation on City contracts is not limited to your specialty, credit toward MBEIWBE goals Will only be given for work done in the certified specialty category YOur firm must proVide written notification to Troy 'Ratliff, Deput Purchasmg Agent, if there are any changes in ownership an for control of the firm. The City reserves the ri ht to decertify your firm if the reqmred notification is not given wt in 10 days. Certification may also be revoked for involvement in bidding or contractual irregularities Sincerely. Alexander Acting Purchasing Agent I 91 Letter of Intent from MBEAVBE to Perform as Subcontractor. Supplier andlor Consultant AUTO POUND MANAGEMENT AND NameofProjecuContracuRELATh-?D SERVICES - Specification Number: 136From: Hook Rlde T931119 MBE: No (Nu. omen?: Firm: VIBE: Yes No To: Env1ronmenta1 Auto RemovaL. Inc. and theCityofChicago: (Name of Prune Contractor - Btdderr'Propourt The undersigned intends to perform work in connection with the above projects as a: Sole Proprietor Corporation Partnership Joint Venture The MBEIWBE status of the undersigned is con?rmed by the attached letter of Certi?cation from the City of Chicago effective date of to for a period ofone year. The undersigned is prepared to provide the following descnbed services or supply the following described goods in connection with the above named project'contract: Towing Services. The above described performance is offered for the following price and described terms of payment: If more space is needed to fully describe the MBEIWBE ?rm?s preposed scope of work and/or payment schedule. attach additional sheets. The undersigned will enter into a formal written agreement for the above work with you as a Prime Contractor. conditioned upon your execution of a contract With the City of Chicago. and will do so within (3) three working days of receipt of a signed contract from the City of Chicago. (Signature 0! Inter or uthoriaad Agent) Joe Garcia, Owner Name {Title June 16, 1997 Data 773?245-0006 Phone PURCHASING SCH C-I (Blamed I191) Page 1 o! I City of Chicago Ilium Daley, Mayor Department of Purchases, Contracts and Supplies Alexander Gm]: Acung Pun-cha?ng Agent Hall. Room 403 Ill ?30th LaSalle Slreet Chicago 606024284 (312) 744-4900 {Mill-144949 (1TH) Hun? :1 Ch! II us Recycle! Mr GarCIa HAYIQW Mr Jo arcia Hook?de 2353 outh Tr?mbul Chew 60 \23 We are pleased to Inform you a Hook Ride Towing has been certified as an MBE by the City Chicago The certification, which 15 valid for one year, expire 31,1998 You must apply for recertification no less than Sixty days nor to the expiration date to ensure that your certn?lcation does no apse In the next edition of the isadvantaged Busmess Enterprisesleority Busmess Enterp sesNVomen Business Enterprises Dtrectory your firm Will be IIS as an MBE the speoalty areals) MBE goals in CEF?tlfied area of spe alty While your partICi anon on City co racts IS not limited to yo specualty, Cl'Edlt nly be given for work do prowde written notifi Agent, If there are an trol of the firm The City reserves qUired notification IS not give revoked for Involvement I ownership an for decertify your firm if days Certification may a or contract egularsties Sll'lCBl'Ely, Alexand: . Acting Purchasmg Agent ?t SCHEDULE C-l Letter of Intent from MBWBE to Perform as Subcontractor. Supplier andlor Consultant AUTO POUND MANAGEMENT Name of Project'Contract: RELATED SERVICES Speci?cation Number 36'96890?05 From: Car Carrler MBE: Yes No {Name Firm: VIBE: Yes No To: Environmental Auto Removal. Inc. and the City ofChicagor. (Name of Prune Can tractor - BidderrProposer) The undersigned intends to perform work in connection with the above projects as a: Sole Proprietor Corporation Partnership Joint Venture The status of the undersigned is con?rmed by the attached letter of Certi?cation from the City of Chicago effective date of to for a period of one year. The undersigned is prepared to provide the following described services or supply the following described goods in connection with the above named project?contract: Tow1ng Services. The above described performance is offered for the following price and described terms of payment.- more space is needed to fully describe the MBEIWBE ?rm's proposed scope of work and/or payment schedule. attach additional sheets. The undersigned will enter into a formal written agreement for the above work with?you as a Prime Contractor. conditioned upon your execution of a contract with the City of Chicago. and will do so within (3) three working days of receipt of a signed contract from the City of Chicago. fang i (Sig?ture or Owner or Authorised AgentJ/? Eugene Herron, Owner Name {Title (Print) June 16. 1997 Date 773~493?2977 Phone PURCHASING (-1 (Revised Fage I of I 312-927~5950 P- Jun-13?97 E.A.R. 2 RM see-methane. nucleus-I?. 1m Grub .ctsu Pinch-en: Agent 113$.me 21 NuthLe??eSn-st minimums-lass 311) 7444900 ~i1) 7" ??49 and: .1 Mars 01 M2397 Eugene Herron, Owner 6 Car Carriers 12747 South Bishop Calumet City, Illinois 60637 Dear Mr. Herron: We are pleased to inform you that a Car Carrier: has been certified as an MOE by the City of Chica o. The certification. which is valid for one year. will expire May 3 1998. You must for recertificatlon no less than sixty days prior to the expiration ate to ensure that your certification does not lapse. In the next edition of the Disadvantaged Business Enterprises/Minority Business EnterprisesIWornen Business Enterprises Directory your firm be listed as an MBE the specualtyareaisiof: Towing Services Your firm's participation on City contracts be credited toward MBE goals in the certified area oi specialty. While yo_ participation on Ci contracts Is not limated to {?our it toward MBE goals only be given for wor done in the certi?ed specialty category. Your firm must prowde written notification to Troy Ratliff, Deputy Purchasing Agent, if there are any changes in ownershi and/or control of the irrn. The City reserves the right to decerti your firm if the fQWUlde notification is not given within 10 days. Certification may a so be revoked for involvement in bidding or contractual irregularities Sinzely, Alexander rzyb'h - Acting Purchasing Agent SCHEDQLE 0! Letter of Intent from to Perform as Subcontractor. Supplier andlor Consultant AUTO POUND MANAGEMENT AND NameofProjchConu-act: RELATED Speci?cation Number: 36-9 6 89 0?05 From: Iaggs may Servi ape. MBE: Yes . No Finn: WEE: Yes No To: Env1ronmental Auto Remove}, IncL and the CityofChicagoz (Name of Prune Contractor - Btdderr'Proposer) The undersigned intends to perform work in connection with the above projects as a: Sole Proprietor Corporation Partnership Joint Venture The MBEJWBE status of the undersigned' con?rmed by the attached letter of Certi?cation from the City of Chicago effective date of to for a period of one year. The undersigned is prepared to provide the following described services or supply the following described goods in connection with the above named projectlcontract: Igw;ng ?ggvigg?. The above described performance is offered for the following price and described terms of payment: If more space is needed to fully describe the ?rm's proposed scope of work and/or payment schedule. attach additional sheets. The undersigned will enter into a formal written agreement for the above work with-you as a Prime Contractor. conditioned upon your execution of a contract with the City of Chicago. and will do so within (3) three working days of receipt of and contract from the City of Chicago. L%?m L/(Signature of Owner ?r Authorised 'Agenu arrish B. Yates. Owner Sane {Title IPrintJ June IL 1997 Date 773-522-5285 hone Puncuasmo sea c-z tanned s92: P390 1 of 1 City of Gringo Richard M. Daley. Mayor Wof?u?m Alexander Acting Purchasing Agent City Hall. Room 403 121 North Street Chicago, Illinois 60602?1284 (312) 744-4900 (3 l2) 144-2949 (ITY) 11:thwa u.ch1 11 us an Parrish Yates, Owner Parrish Yates Tow Services 1330 South Troy Chicago, Illinois 60623 Dear Mr. Yates: We are pleased to inform you that Parrish Yates Tow Services has been certified as an MBE by the City of Chicago. The certification, which is valid for one year, Will expire May 31, 1998. You must apply for recertification no less than Sixty days prior to the expiration date to ensure that your certification does not lapse. In the next edition of the Disadvantaged Business Enterprises/Minority Busmess Enterprises/Women Busmess Enterprises Directory your firm Will be listed as an MBE In the speCIalty area(s) of: Towing Services Your firm's participation on City contracts will be credited toward MBE goals in the certified area ofspecialty. While your participation on City contracts is not limited to your specialtly, credit toward MBE goals Will only be given for work done in certified specialty category. Your firm must provide written notification to Troy Ratliff, Deputy Purchasing Agent, if there are any changes in ownership and/or control of the firm. The City reserves the right to decertify your firm if the re Uired notification is not given within 10 days Certification may aso be revoked for involvement in bidding or contractual irregularities. Sincerely, Acting Purchasing Agent C-I Lette. of intent From MEWBE to Perform as Subcontractor. Supplier andlor Consultant AUTO POUND MANAGEMENT AND Name ofProject'Contract: RELATED SERVICES Speci?cation Number From: Percy' Tow1nq MBE: Yes 3 No (Nmeotmnm? Firm WEE: Yes No To: Environmental Auto Removal; Inc. and the City orChicago: (Name of Prime Contractor - BidderrProposerI The undersigned intends to perform work in connection with the above projects as a: Sole Proprietor Corporation Farmer-ship Joint Venture The status of the undersigned is con?rmed by the attached letter of Certi?cation from the City of Chicago effective date of to for 3 period of one year. The undersigned is prepared to provide the following described services or supply the following described goods in connection with the above named projectfcontract: Towing Serv1ces. The shove described performance is offered for the following price and described terms of payment: if more space is needed to fully describe the ?rm's proposed scope 0? work and/or payment schedule. attach additional sheets. The undersigned will enter into a formal written agreement for the above work with you as at Prime Contractor. conditioned upon your execution of a contract with the City of Chicago. and will do so within (3) three working days of receipt of a signed contract from the City of Chicago. ifs/I?M nga '31! are of Owner or Authorized Agent: Percy Martin - Owner Name {?ue (Print) June 16, 1997 Date 773~889-8011 Phone PURCHASING SCH (Round ?82} Page I of 1 02:33? . my of Chicago M. Daley. Mayor I WHEN-chum Centaurus-pm Maude: Grub Acne; Fuchsia; Agent City Hall. Room 403 121 North Street Chicago. mum 60602-1234 (312) 744-4900 (HZ) 744-2949 Cl ch: 11 us -u?q h-hhu?u r5035 m?J - I HAY 19 1997 Percy Martin, Owner Percy?s Towing 1730 North Keatlng Avenue Chicago, 60639 Dear Mr. Martin We are pleased to mform you that Perc ?5 Towing has been certified as an MBE by the City of Chicago. IS valid for one year. expire May 31, 1998. You must apply for recertlficatlon no less than days prior to the expiration date to ensure that your certi?cation does not lapse. In the next edition of the Disadvantaged Busmess Enterprises/Minority EnterprisesNVomen Busmess Enterprises Directory your firm wall be lasted as an MBE In the specualty area(s) of Towing Services Your frrm?s participatton on City contracts Will be credated toward MBE goals In the certified area of specialty. thle your partICIpatlon on City contracts IS not lln'IItEd to your specnalty, credat toward MBE goals only be gwen for work done In the certified specualty category. Your firm must provide wntten notification to Troy Ratliff, Deputy Purchasing Agent, if there are any changes In ownershu and/or control of the firm. The City reserves the to decert: your firm If the required notification Is not gwen 10 days Certification may also be revoked for Involvement an biddmg or contractual Irregulantses Smcerely, Alexander . Acting Purchasang Ag?nt Afok/dr 312-927-5950 P.04 C-I Lette. of Intent from to Perforn?: es Subcontractor. Supplier and/or Consultant AUTO POUND MANAGEMENT AI NameofProjecuContract: SERVICES Speci?cation Number" 36?96390?05 From: Watson and Son's 3435:; Yes :No Firm; WEE: Yes No To: EQVtronmental Auto Removal. Inc4_ and theCityofChicago: (Name of Prune Contractor - Bidderr?Pt-oposer) The undersigned intends to perform work in connection with the above projects as I: Sole Proprietor Corporation Partnership Joint Venture The status of the undersigned is con?rmed by the attached letter of Certi?cation from the City of Chicago effective date of to for a period of one year. The undersigned is prepared to provide the following described services or supply the following described goods in connection with the above named projectlcontract: Tow1nq Serv1ces. The above described performance is offered for the following price and described terms of payment: If more space is needed to fully describe the MBEIWBE ?rm's proposed scope of work and/or payment schedule. attach additiooel sheets. The undersigned will enter into a formal written agreement for the above work withhyou as a an?Contractor. uI30? Your execution of a contract with the City of Chicago, and will do so within (3) three working days of receipt of a signed contract from the City of Chicago. (Signature of Owner or Authorised A gent) L.C. Watson, President None {Title {Print} June 16, 1997 Date hone WRCHASING SCH (-1 (Revised 38!) Page I of 1 nun-ud?nhns anmsauq?u MuduGMn M?uhnh-uupt Gn??Ju-In l??ulh?hhmt 1"m?hw?mwu? tuna P. .4 hydra-mit- WEIQTQ4 02:15? E-A-R-ula 312-927-6950 M723- L. C. Watson, President Watson and Son's Towing 14844 South Ashland Harvey. Illinms 60426 Dear Mr. Watson' We are pleased to inform you that Watson and Son's Towing has been certified as an MBE byothe City of Chica o. The certification. IS valid for one ear. will expire May 31. 998. You must apply for recertification no ess than sixty days prior to the expiration date to ensure that your certification does not lapse. In the next edition of the Disadvantaged Business Enterprises/Minority Business Enterpriseleomen Business Enterprises Directory your firm will be IlStEd as an HIE the specialty areais) of Towing Services Your firm?s participation on Ci contracts be credited toward MBE goals in the certified area specialty. While your participation on City contracts is not limited to tour specie credit toward MBE goals will only be given for wor done in certi?ed speaalty category. Your firm must provide written notification to Troy Ratliff. Deputy Purchasing if there are any changes in ownershi andlor control of the rm. The reserves the right to decertl your firm if the re ulred noti?cation is not given within 10 days. Certification may a so be revoked for involvement In bidding or contractual irregularities Sincerely/1 lexa nder gent Acting Purchasin AG/kldr SEBWB .l?il?g? ENE P.01 SCHEDULE Lem afintent from MBWBE to Perform as Subcontractor. Suppber andfor Consultant AUTO POUND Name of ProjecuConu-act: RELATED SERVICES Speci?cation Number" 36?96 890*05 From: Mota Towinq_ ?as: (Naneol??mt Firm; WEE.- Yes No To: Env1ronmenta1 Auto Removal. Inc. and the City of Chicago: (Run at Prime Contractor - Sudden-(Proposal The undersigned intends to perform work in connection with the above projects as a: Sole Proprietor Corporation Partnership Joint Venture The status of the undersigned is con?rmed by the attached letter of Certi?cation from the City of Chicago effective date of to for a period of one year. The undersigned is prepared to provide the following described services or supply the following described goods in connection with the above named project'oontract: Towinq SerV1ces. The above described performance is offered for the following price and described terms of payment: If more space is needed to fully describe the MBEIWBE ?rm?s proposed scope of work and/or payment schedule. attach additional sheets. The undersigned will enter into a formal written agreement for the above work with you as a Prime Contractor. conditioned upon your execution of a coon-act with the City ?Chicago. ?d Will 159 so within (3) three working days of receipt of a signed contract from the City of Chicago. (g?gnature ol? Owner or Authorized Agent) Salvador Mota. Owner Name (Title (Print) June Date 773-523-4992 Home/3lZ?343wlb5b Lcli Phone NRCHASING (-1 1.92) Page I of 'l Em.m Dyer?m ulna-de?- Gu?lhuln hum-am our 012)? in") ?y?nni?um WEEBTEM Egrrnuno Jun-10-97 E.A.R. ,a .. 312-927?5950 - ?7 2 Slay-do; Mote, Owner Ia's owhg 2122 West 23rd Place Chicago, "li?OlS 60608 Dear Mr. Mote: We are pleased to inform you that Men's Towing has been certified as an by the City of Chica o. The certification, which is valid for one year, expire May 3 . 199'. You must ap ly for recertrficatlon no less than sixty days prior to the expiration dpate to ?more that your certification does not lapse. In the next edition of the Disadvantaged Business 'EnterpnsesIMrnority Business EnterprisesMIomen Business Enterprises Directory your firm will be listed as an in the specialty areats) of: Towing Services Your firm's participation on City contracts will be credited toward oals In the certified area of specialty. While your participation on C1 contracts Is not limited to our special credit toward MOE goals will only be given for wor done in certlfied specialty Your firm must provide written noti?cation to Troy Ratliff. 00pr Purchasing A ent. if there are any changes In ownershr and/or control of the rm. The Clty reserves the ?ght to decertu your firm if the re urred noti?cation is not given within 10 days certification may aso be revoked for involvement In bidding or contractual irregularities. Sincerely, lexander bd'L_ Acting Purchazsying Agent $04362 39:35; P.02 HEDULE 01 Letter of Intent from to Perform as Subcontractor. Supplier andior Consultant AUTO POUND MANAGEMENT AND RE Name of ProjectJContract: LATED SERVICES Speci?cation Number: 36-95390?05 From: nginio Towing MBE: Yes No [Name ?name Firm: VIBE: Yes No To: Envi ronmenta 1 Ant and the City of Chicago: (Name of Prune Contractor - BidderrProposei-J The undersigned intends to perform work in connection with the above projects as a: Sole Proprietor Corporation Partnership Joint Venture The MBEJWBE status of the undersigned is con?rmed by the attached letter of Certi?cation from the City of Chicago effective date of to for I penod of one year. The undersigned is prepared to pronde the following described services or supply the following described goods in connection with the above named projec?contract: Towing Services. The above described performance is offered for the following price and described terms of payment: If more space is needed to fully describe the ?rm's proposed scope of work andjor payment schedule. attach additional sheets. The undersigned will enter into a formal written agreement for the above work with: you as a Prime Contractor. conditioned upon your execution of a contract with the City of Chicago. "1d will d0 30 Within (3) three working days of receipt of a signed contract from the City of Chicago. (Sign% of Owner or Authorized {igenu . . . i Name/Title {Print} June 16 . Data 708*652-8691 Phone PURCHASING sex :4 (It-mud can Page i of I Cl!) ?air-p Inch-d Dale). ?agar Warm (mums-"Ila tum Grab {mag Padang agent It} Halt. loan-ll.? Ill North use: Strut Charm. Ilium ?lm-ll? 744-49?! ?123144-2949 (ml 1111lequ :1 ch: as hull 9:991 Oliwa Sandoval, Owner Higinio Towr'n 3243 South Avenue Cicero, IL 60804 Dear Ms Sandoval. We are oleased to Inform you that Higim'o Towing has been certified as a MBE by the Cnty of Chicago The IS valid for one year, wall expire May 31, 1998. You must aoply for recertrficatlon no less than Sixty days pnor to the expiration date to ensure that your certification does not lapse. In the next edition of the Disadvantaged Busmess Enterpnsesleonty Busmess Enterpnseleomen Business Enterprises Directory your farm wall be listed as a MIE the specialty area(s) of. Towing Services Your firm's on City contracts Will be CfEdltEd toward MBE goals In the certified area of soeaalty. While your participation on Clty contracts l5 not Ill'l?ll'tEd to your specsalty, credit toward MBE goals only be given for work done In the certified specialty category. Your ?rm must promotly orowde written to Troy Ratliff, Deouty Purchasmg Agent. If there are any changes andlor control of the firm. The reserves the ht to your firm if the requlred notification us not gwen Wit l? 10 days. Certi?cation may also be revoked for Involvement In budding or contractual nrregulantles Sincerely, de Alexan Actmg Purchasing Agent AGfl?Jal SCHEDULE 01 Letter ofintent from to Perform as Subcontractor. Suppher and, or Consultant Auto Pound Management a: Name of Project. Conn-acc- Related Serv1ces Specx?canon Number: 35-95390-05 ulmex, I . From: nc MBE: Yes :No . Yes NO To: Environmental Auto Removal, Inc. and the City of Chicago: (Name of Prune Contractor - Bidder:?roposer) The undersigned intends to perform work in connection with the above projects as 3.: Sole Proprietor Corporation Partnership Joint Venture - The status of the undersigned is con?rmed by the attached-letter of Certification from the City of Chicago effective date of to for a period of one year. The undersigned is prepared to provide the following described services or supply the following described goods in connection with the above named project?contracc Purchase of gasollne and other petroIeum products. The above described performance is offered for the following price and described terms of payment: Per payment schedulelbased on cost of sales. Estlmated at .002% of contract: value of $10,123.00. If more space is needed to fully describe the MBEJWBE ?rm? proposed scope of work and/or payment schedule, attach additional sheets. The undersigned will enter into a formal written agreement for the above work with you as 3 Prime Contractor. conditioned upon your execution of a contract with the City of Chicago. and will do so within (3) three working days of receipt of a signed contract from the City of Chicago. wner or Authorized AgentJ Fellpe Estrada, Pre51dent ?ame {Til-lo {Print} Data Phone Bane 1' of? Cm? ofChicago Richard Daley, Mayor Department of Purchases, Contracm and Supplies Alexander Acting Purchasing Agent City Hall, Room 403 North LaSalle Street Illinois 60602- 1284 {312) 744-4900 (312) 744-2949 ch: il us WIN 3% Ill?wll? Please Recycle! APR 02 m7 Mr Felipe} Estrada, PreSident Qur'mex, Inc. 14702 South Hamlin Midlothian, 60445 Dear Mr Estrada We are pleased to inform you that Quimex, Inc. has been certified as a by the City of Chicago The certification, which is valid for one year, Will expire March 31, 1998 You must apply for recertification no less than Sixty days prior to the expiration date to ensure that your certification does not lapse. In the next edition of the Disadvantaged Busmess Enterprises/Minority Busmess EnterprisesiWomen Busmess Enterprises Directory your firm Will be listed as a in the specialty areats) of SUPPLIER: Supplier of Chemicals. Solvents, Lubricants and Distributor of Gasoline Your firm?s participation on City contracts be credited toward DBEIMBE goals in the certified area of speCialty While your participation on City contracts is not limited to your specialty, credit toward DBEIMBE goals Will only be given for work done in the certified specialty category Your firm must prowde written notification to Troy Ratliff, Deputy Purchasmg Agent, if there are any changes in ownership and/or control of the firm The City reserves the right to decertify your firm if the recitiired notification is not given Within 10 days Certification may also be revoked for involvement in bidding or contractual irregularities Sincerely, d7. - Acting Purchasing Agent G/l'Rfd a f- Letter ofintent from to Perform es Subcon creator. Supplier anchor Consultant Auto Pound Management at Name ot'Project'Contx-acu Related Serv1ces Specification Number: From: 8: Auto Tow1ng Recovery MBE: Yes?: No Firms WBE: Yes :No To: Env1ronmenta1 Auto Removal, Inc. and the City of Chicago: (Home of ane Contractor . Bidder??roposer) The undersigned intends to perform work in connection with the above projects as a: Sole Proprietor Corporation Partnership Joint Venture - The Status of the undersigned is con?rmed by the attachedletter of Certi?cation from the City of Chicago effective date of to for a period of one year. The undersigned is prepared to provide the following described services or supply the following described goods in connection with the above named project?contract: -. services. -1- The above described performance is offered for the following price and described terms of payment: I ?more space is needed to fully describe the ?rm's proposed scope of work and/or payment schedule. attach additional sheets. The undersigned will enter into a formal written agreement for the above work with you I Prime Contractor. conditioned upon your execution of a contract with the City of Chicago. and Will do so Within (3) three working days of receipt of a signed contract from the City of Chicago. I - ?siznature of Owner or Authorized Agent) Lydia Gill None (Title {Print} Date 773?660-9315 Phone Paoe1of1 War .4 3 fart??m. Ol' Mic (Jr-$we?? 14% 132124- Clty of Chicago Richard M. Daley, Mayor Department of Purchasus, Contracts and Supplies Alexander Actmg Agent - Cuy Hall. Room 403 121 North LaSalle Street 60602-1284 (312) 744-4900 (312) 74432949 (TIT) cub?Eiu 'It'll]! it?ifl fire 93? . 3:5, 4? mg .1 Wfr??yr~ - I I I s?z'avlj . gm: mar 3" i I i {rat I I T?fr,? c-w?q. of II 08 1991? Myron Lydia Gill, Owners WAuto Towing Recovery 12034 South Lowe Avenue Chicago, 60628 Dear Mrs. Gill: 7 -. 1..- .D We are pleased to Inform you that WAuto towing 8! Recovery has been certn?ied as a DBEIMBEIWBE by the City of Chrcago The certi?cation, WhiCh IS valid for one year, exptre April 30, 1998 You must apply for recertiflcatlon no less than sixty days prior to the explration date to ensure that your certrficatlon does not lapse. In the next edition of the Disadvantaged Busmess Enterpnsesmeonty Busmess Enterprises/Women Busmess Enterprises Directory your ?rm Will be lusted as a DBEIMBEIWBE the Specialty area(s) 0 Vehicle Towing and Recovery Your firm's participation on City contracts be credited toward goals the certified area of specxalty While your particupatron on City contracts is not llml?tEd to your spedalty, credit toward goals Will only be given for work done the certi?ed specialty category. Your firm must provrde written notification to Troy Ratliff, ?Deputy Purchasmg Agent, If there are any changes and/or control of the firm. The City reserves the to decertify your ?rm If the reqmred notr?gaypn :s not gwen 10 days. also 'forrinvolvement bidding ror? - Mar . 3.: .3 .3235 - :3 E: 3 5: II [Pg Er?. Ln?: a 41? ,e . Sincerely, Alexander Acting Purchasmg Agent ?r{GfTR/dr a. zh?r?n ?34? .. -: 1 I. if Letter of Intent from to Perform at Subcontractor. Supplier andior Consultant AUTO POUND MANAGEMENT AND Name of Project/Contract: SERVICES Speci?cation Number: 3438: Yes No From; v? (Name ?name Firm: WEE: Yes No To: Env1ronmenta1 Auto Removal . Ing . and the City of Chicago: (Name of Prime Contractor - Biddert'ProposeI-D The undersigned intends to perform work in connection with the above projects as a: Sole Proprietor Corporation Partnership Joint Venture The status of the undersigned is con?rmed by the attached letter of Certification (rpm the City of Chicago effective date of to for a period of one year. The undersigned is prepared to pronde the following described services or supply the follow-mg described goods in connection with the above named project'contract: Tow1ng Services. The above described performance is offered for the following price and described terms of payment i if more space is needed to fully describe the ?rm's proposed scope of work endlor payment schedule. attach additional sheets. The undersigned will enter into a formal written agreement for the above work withyou as at Prime Contractor. conditioned upon your execution of a contract with the City of Chicago. and will do so within (3) three working days of receipt of a signed contract from the City of Chicago. {Signature of Owner o?Authomed Agent: Jerome I. Calvin, Pre51dent Name {Title June 16, 1997 Data Office 773-433?6211 Phone Fax 7 3-0167 Cell - Pageloti PURCHASING SCH (-1 (Round to!) Cm of Chicago Richard Daley, Mayor Department of Purchases. Contracts and Supplies ?iletander jloan-1g, Purchasmg Agent Cin Hall Room 403 \orth LaSalle Street Chicago 60602-1234 1312! {3121? 19-19th[991 leromel Calm, PreSident Calvin Towmg a Recovery, Inc. 8256 South Elizabeth Chicago, Illinois 60620 Dear Mr. Calvin We are pleased to inform you that Calvin Towing Recovery, Inc. has been certified as an MBE by the City of Chicago. The certification, which is valid for one year. wail expire May 31, 1998 You must apply for recertification no less than Sixty days pnor to the expiration date to ensure that your certification does not lapse In the next edition of the Disadvantaged Business Enterprises/Minority Busmess EnterprisesiWomen Busmess Enterprises Directory yOur firm Will be listed as an MBE in the speCialty area(s) of Towmg Services Your firm's partiopation on City contracts Will be credited toward MBE goals in the certified area ofspecsalty While your participation on City contracts is not limited to your speCIaltyi credit toward MBE goals Will only be given for work done in the certified speCialty category Your firm must prowde written notification to Troy Ratliff, Deputy Purchasmg Agent, if there are any changes in ownership andfor control of the firm The City reserves the right to decertify your firm if the reqUired notification l5 not given Within 10 days Certification may also be revoked for involvement in bidding or contractual irregularities Alexander Acting Purchasmg Agent City of Chicago vendors #1057444 EXHIBIT 5 MAINTENANCE AND REPAIR PROVISIONS VETERANS PREFERENCE The Contractor shall comply the provrsrons of 330 ILCS 55/0 01 e; Leq reqwre that the employment of labor (except executlve, and supemsory posrtrons) the constructlon or alteration of pubhc works preference shall be grven to veterans of the Vretnam era and disabled veterans, however, preference may be grve only where the 1nd1vrduals are avarlable and quah?ed to perform the work to the employment relates The Contractor shall msert provrsron in all contracts entered mto w1th slolled, and craft umon, slolled labor and any contracts entered into w1th Subcontractors STEEL PRODUCTS All alteratlons, repalrs and maintenance of the are subject to the provrsrons of the ?Steel Products Procurement Act,? 30 ILCS 565amended from tune to tune Steel products used 111 the Improvements shall be manufactured or produced in the Umted States PERFORMANCE AND PAYMENT BOND Whenever repalrs to the Facrlmes 1nvolve the expendtture of more than twenty ?ve thousand dollars the Contractor must obtam a bond 1n the ?ll] amount on form 0 62 or such other form as approved by the Corporatron Counsel PREVAILING WAGES For any repatrs at the Facillt1es 1nvolv1ng construction all workers, laborers, and meohamcs shall be pard not less than the prevarlmg wage as determmed by the Illmors Department of Labor A copy of the present rates rs attached to The Contractor shall ensure that 1ts Subcontractors abrde by this prov131on and shall requrre comphance requ1rement 111 all subcontracts myolvmg constructlon at the Faorhtles CITY RESIDENT WORKER HOURS For all prOJects at the costmg at least one hundred thousand dollars the total hours worked by persons employed by the Contractor or 1ts Subcontractors shall be performed at least ?fty percent by actual resrdents of the C1ty The Contractor shall malntaln the records necessary to document comphance w1th requrrement shall be provrded to the Guy on request Such records shall contam the Informatlon requlred by 2?92-330 of the Mumcrpal Code EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS For all construction prejects at the at least one hundred thousand dollars at least twenty-?ve percent of the journeyworker and apprentrce hours shall be performed by mmontres and seven percent by women In at least forty percent of the constructlon laborer hours shall be performed by minorities and ten percent by women These requtrements shall be construed In accordance w1th Sectlon 2-92-390 of the Mummpal Code EXHIBIT 6 INSURANCE REQUIREMENTS CERTIFICATE CF LIABILITY INSURANCE PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE W. F. Hennings CO. Inc. HOLDER THIS CERTIFICATE DOES NOT AMEND. EXTEND OR I 5825 w. 1 67th Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Tinley Park, IL 60477 COMPANIES AEFQRDING COVERAGE 1 West Bend Mutual Ins. COMPANY I . Liber Mutual Ins. TOWlng Garage, Inc. tY 16325 Crawford Avenue COMEANY IL 60426 COMPANY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF HAVE BEEN BY PAID CLAIMS co POLICY EFFECTIVE POLICY I . TYPE OF INSURANCE POLICY NUMBER DATE mm mm . LIMITS GEERAL LIABILITY I GENERAL AGGREGATE 1 COMMERCIAL . PRODUCTS - A66 5 - 1 CLAIMS MADE OCCUR PERSONAL 31 ADV INJURY PA A CONTRACTOR PROTI EACH OCCURRENCE 3. FIRE DAMAGE (Any one Ina] MED EXP (Any one person) 1 AUTOMOBILE LIABILITY - I I ANY AUTO GLE LIMIT 1 00E 000 OWNED AUTOS BODILY INJURY SCHEDULED AUTOS I La AUTOS I BODILY INJURY 5 A NON-OWNED AUTOS I if: CPC0141507 6/1/97 6/1/98 LIABILITY AUTO ONLY EA ACCIDENJ - ANY AUTO . OTHER THAN AUTO ONLY A _LGaragekeepens_ CPC0141507 6/1/97 . 6/1/98 AGGREGATE 2.000.000 LIABILITY I OCCURRENCE i 5 2. I 0 0 CPC0177718 6/1/97 6/1/98 165956?575 if? 5 OTHER THAN UMBRELLA FORM . WORKERS COMPENSATION AND . ML EMP . we SLIABILITY i WC1241043748 6/1/97 6/1/98 ELEACHACCIDENT 500,000 THE PROPRIETORI . I . Pmm??w CUTWE INCL I I EL DISEASE POLICY LIMIT 5 00 0 0 OFFICERS ARE Exc? EL DISEASE EA EMPLOYEE 5 OTHER A TOW Truck on HOO 6/1/97 6/1/98 $120,000 ea vehicle I DESCRIPTION OF ITEMS Certifieate holder is an additional insured SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUINO COMPANY ENDEAYOR TO MAIL DAYS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT 1 20 LaSa 1 19 Room 700 BUT FAILURE To MAIL suCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Chicago I IL 50602 OF ANY KIND UPON THE COMPANY. ITS AGENTS OR AUTHO II ACRE: 25-3 {1-195} Om CORPORATION 1333 5 City Of Chicago Dept. of Streets Sanitation Environmental Auto Removal. Inc. Auto Pound Management and Towing Services Spec. No. 36-96390-05 The Contractor shall and maintain at Contractors own expense, until Agreement expiration and during the time penod followmg expiration if Contractor is required to return and perform any additional work or semices. the insurance coverages and reqmrements Specified below. insunng all operations related to the Agreement A. INSURANCE TO BE PROVIDED 1) Workers Compensation and Employers Liability Insurance. as prescnbed by applicable law covering all employees who are to pl'OVIde a sewice under this Agreement and Employers Liability coverage with limits of not less than each accident or illness 2) (Primary and Umbrella) Commercial General Liability Insurance or equivalent With limits of not less than 52.091999 per occurrence for bodily injury. personal injury, and property damage Coverages shall include the folan All premises and operations. operations. independent connctors, separation of insureds. defense. and contractual liabllity (with no limitation endorsement). The City of Chicago as to be named as an additional insured on a primary, non-contnbutory heels for any liability arising directly or indirectly from the work 3) (Primary and Umbrella) When any motor vehicles (owned. non-owned and hrred) are used in connection with work to be performed. the Contractor shall provide Automobrle Liability Insurance with limits of not less than 52mm per occurrence for bodily injury and property damage The City of Chicago is to be named as an additional insured on a primary. non-contnbutory basis. 4) The Contractor shall prowde Garage Insurance With limits of not less than per occurrence for bodily injury and property damage Coverage shall include Garage Keemrs Legal Liabilrty The City of Chicago is to be named as an additional insured on a primary. non-contnbutory basis for any liability ansmg directly or indirectly from the work 5) Wane! The Contractor will be responsible for any loss or damage to City property. matenal or equipment during the term of this Agreement B. OTHER REQUIREMENTS The Contractor will fumlsh the City of Chicago. Department of Purchases. Contracts and Supplies, City Hall, Room 403, 121 North LaSaIle Street 60602. original Certi?cates of Insurance ewdencmg the reqwred coverage to be in force on the date of this Agreement, and Renewal Certi?cates of Insurance. or such similar ewdence. if the coverages have an expiration or renewal date occurring during the term of this Agreement The Contractor shall submit eVidence of insurance on the City of Chicago Insurance Certi?cate Form (copy attached) or equrvalent poor to Agreement award The receipt of any certi?cate does not constitute agreement by the City that the insurance requirements in the Agreement have been fully met or that the insurance poIICIes indicated on the certr?mte are In compliance With all Agreement reqmrements The failure of the City to obtain certi?cates or other insurance evidence from Contractor shall not be deemed to be a waiver by the City The Contractor shall advrse all Insurers of the Agreement provrslons regardmg Insurance Non- Insurance shall not relieve Contractor of the obligation to provrde insurance as specr?ed hereln Nonful?llment of the Insurance conditions may constitute a Violation of the Agreement. and the City retains the to termrnate the Agreement until proper evidence of Insurance Is provrded The insurance shall provide for 60 days pnor wntten notice to be given to the Crty In the event coverage IS substantially changed. canceled, or non-renewed Any and all deductibles or self Insured retentlons on referenced Insurance coverages shall be borne by Contractors The Contractor agrees that Insurers shall warve their of subrogatron against the City of Chicago. Its employees. elected of?mals. agents. or representatives The Contractor expressly understands and agrees that any coverages and limits by Contractor shall In no way ll?'llt the Contractor?s and responsibilities specr?ed the Agreement documents or by law The Contractor expressly understands and agrees that any Insurance or self Insurance programs maintained by the Crty of Chlcago shall apply tn excess of and not oontnbute Insurance provrded by the Contractor under the Agreement The required Insurance shall not be by any limitations expressed in the mdemm?oatron language herein or any limitation placed on the Indemnity therein gwen as a matter of law The Contractor shall require all subcontractors to provide the insurance required herein or Contractor may prowde the coverages for subcontractors All subcontractors shall be subject to the same Insurance requnrernents of Contractor unless othervnse speci?ed herein If Contractor or subcontractor desire additional coverages. the Contractor and each subcontractor shall be responsuble for the acquisition? and cost of such additional protectlon The Clty or Chlcago RISK Management Department malntalns the to modify, delete. alter or change these reqwrements Ins-requmng roq South $1101.?! Bank South Holland Trust Savmgs Bank 16178 South Park Avenue South Holland, 60473-1524 (708) 333-2600 FAX 708) 210-5997 ALIENDBIENT T0 LETTER OF CREDIT NO. 486 AMOUNT: $330,000 00 UC N0 486 DATE December 2, 1997 APPLICANT: BENEFICIARY Envrronmental Auto Removal, Inc. City of Chicago 16325 S. Crawford Avenue 321 North LaSalle Street Markham, IL 60426 Chicago, IL 60602 NEW AMOUNT EFFECTIVE JULY 25, 1997: This amendment hereby changes the amount from $330,000 00 to $600,000 00 of the South Holland Trust Savings Bank Letter of Credit No 486. With the exception of the increase of the amount, all terms in the original Letter of Credit No 486 dated January 24, 1996 shall remain unchanged Yours truly, AA ?aw-Tc - Lou Hanacek Vice President - ACCEPTED ENVIRONNIENTAL AUTO REMOVAL, INC. Estahhshed 1911 EXHIBIT 8 AFFIDAVIT AFFIDAVIT SPECIFICATION NUMBER 36Bidder/Proposer Name EnV1ronmental Auto Remova Inc . (E . A . . BidderiProposer Address Markham, Illinois 60426 Federal Employer Soc1al Security LEW: FOR USE WITH A CONTRACT FUNDED IN WHOLE BY CITY OR STATE FUNDS- E7017 Contractor submitting a bid/proposal to the City of Chicago must complete thl? Contractor?s Af?davit. Special attention should be paid to Sections I (pg8), which reguire the Contractor to provide certain information. to the C_ity_- Motor must Sign the appropriate line in Section 61 and Section IV. A. (pp. 7 and 8! and Section V. (pp. 8 and 9! and must complete and Sign before a notary Please note that in the event the Contractor 1' a joint venture. the joint venture and each of the joint venture partners must subnut a completed Contractor?s Af?davit. In the event that the Contractor is unable to certify tr: any of the statements contained herein. Contractor must contact the Department In. Purchases. Contracts and Supplies for the City of Chicago and provide a detailed factu: explanation of the circumstances leading to the Contractor?s inability to so certify. The undersigned . . Corcoran as President (Name) I nc . (Title) and on behalf of Envz. ronmenta 1 Auto Remo va 1 ("Contractor") having been duly sworn under oath (Busmess Name) certi?es that. DISCLOSURE OF OWNERSHIP INTERESTS Pursuant to Chapter 2-154 0f the Mummpal Code of Chicago, (the "Mumcxpal Code?), all shat! prov1de the followmg mformation With their bidlproposal If the question 15 not applicable, answer with NA If the answer 13 none, please answer "none Bidder/Proposer 15 a I Corporation Sole Proprietor (Check 0?19) Partnership Not-for-Pro?t?Corporation I lJomt. Venture Other Page 1 of 10 SECTION 1. FOR PROFIT CORPORATIONS a incorporated in the State of I 1 111101 Authorized to do busmess 1n the State of Illinois YES N0 Names of all of?cers of corporation (or Attach List) Names of all directors of corporation (or Attach List) Name(Pr1nt or Type) Title(Pr1nt or Type) NameG?rmt or Type) Title(Prmt or Type) gorcgran Pr??;dgnt Dlrector Edward Corcoran Secretar Treasurer Director If the corporation has fewer than 100 shareholders indicate here 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.J. Corcoran 30 Chateau Drive 5i} Dyer, Indiana 46311 Edward Corcoran 16755 S. 50 $398339 Tlnley Park, 11. 60477 Is the corporation owned partially or completely by one or more other Corporations? YES I NO If "yes," prowde the above information, as applicable, for each of said corporations If the corporatmn has 100 or more shareholders, indicate here or attach a list of names and addresses of all shareholders owning shares equal to or 1n excess of 7 5% of the proportionate ownership or the corporation and 1ndicate the percentage interest of each NamelPrint or Type) Address Ownership interest NOTE: Generally. with corporations having 100 or more shareholders where no shareholder owns 7.59:- of the shares. the requirements of this Sectlon 1 would be satis?ed by the enclosmi: with his bidiproposal. a copy of the corporation?s latest published annual report and/or Form 10-K if the information is contained therein. Page 2 of 10 SECTION 2. PARTNERSHIPS If the bidder/proposer 15 a partnership, indicate the name of each partner and the percentage of interest of each therem Names of or Type) Percentage Interest 1 A SECTION 3. SOLE PROPRIETORSHIPS a. The bidder/proposer is a sole prepnetor and is not acting in any representative capacity in behalf of any bene?ciary. 1 1 If N0, complete items and of this Section 3 If the sole proprietorship 13 held by an agenda) or a normnees(s), mdicate the pr1nc1pal(s) for whom the agent or nominee hold such interest ame(s) of PnncipaKs) (Print or Type) If the interest of a spouse or any other partyr ls constructively controlled by another person or legal entity state the name and address of such person or entity possessmg such control and the relationship under such control is being or may be exercised. SECTION 4. LAND TRUSTS, BUSINESS TRUST, ESTATES OTHER If the bidder/proposer is a land trust. busmess trust, estate or other smular commercial or legal entity, identify an? representative, person or entity holding legal title as well as each beneficiary in whose behalf title 15 held includinr the name, address and percentage of interest of each bene?ciary Page 3 of 10 SECTION 5. NOT-FOR-PROFIT CORPORATIONS a Incorporated in the State of Authorized to do busmess in the State of Illmoxs YES 1 Names of all of?cers of corporation or Attach List) Names of all directors of corporation (or Attach List) NamelPrint or Type) Title(Print or Type) Name??rint or Type) T1tle(Print or Type) NOTE: Pursuant to Chapter 2-154. Section 2-154-030 of the Municipal Code of Chicago, the Corporation Counsel may require any such additional information from any entity to achieve full disclosure relevant to the contract. Further. pursuant to Chapter 2-154, Section 2454-020 of the Municipal Code, any material change in the information required above must be provided by supplementing this statement at any time up to the time the Purchasing Agent takes action on the contract or other action requested of the Purchasing Agent. II. AFFIDAVIT OF LQCAL means a business located within the corporate limits of the City of Chicago, which has the majority of its regular, full-time work force located within the City, and which is subject to City Taxes. Joint Ventures: For purposes of establishing a ?rm?s eligibility for two percent local business preference (if allowed by the speci?cation), each partner must complete a separate a?'idavit A Jomt Venture is a "Local Busmess" only if at least fifty percent interest in the venture is held by Local Busmesses." 1) is bidder/proposer a "Local Business? as de?ned above? Yes- No 2) How many persons are currently employed by bidder/proposer? 3 5 3) Does bidder/proposer have business locations outside of City of Chicago? Yes No If yes, list such bidder/proposer business addresses 16 3 27 South Pulaski. Markham, I111n01s 60426 (AttachAdditional Sheets if Necessary) 4) How many ofbidder/proposer?s current employees work at City of Chicago locations? 3 5 5) Is bidder/proposer subject to City of Chicago taxes (including the Head Tax)? Yes No Page 4 of 10 CONTRACTOR CERTIFICATION A. CONTRACTOR 1 The Contractor or any subcontractor to be used in the performance of this contract, or any affiliated entity1 of the Contractor or any such subcontractor, or any responsible official thereof, or any other of?czal. agent 01? employee of the Contractor, any such subcontractor or any such at?liated entityl, acting pursuant to the direction or authorization ofa respons1ble of?cial thereof has not, during a period of 3 years prior to the date of execution of this certi?cation or if a subcontractor or subcontractor?s af?liated entityI during a period Of 3 years prior to the date of award of the subcontract a. Bnbed or attempted to bribe, or been convmted of bribery or attempting to bribe a public of?cer or employee 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 of?mal capacity); or b. Agreed or colluded, or been convicted of agreement or collusion among bidders or prospective bidders in restraint of freedom of competition by agreement to a ?xed price or othermse. 01? Made an admission of guilt of such conduct described in 1(a) and (bl above WhiCh is a matter 0f record but has not been prosecuted for such conduct. The Contractor or any agent, partner. employee or officer of the Contractor is not barred from contracting any unit of state or local government as a result of engaging in or being of to Violation ofSection 3 of Article 33E of the Illinois Criminal Code of 1961, as amended (720 ILCS any similar offense of any state or the Unzted States which contains the same elements as the offense of bid- rigging3 dunng a period of ?ve years prior to the date of submittal of this bid, proposal or response 2 The Contractor or any agent, partner, employee, or of?cer of the Contractor is not barred from contracting with any umt of state or local government as a result of engaging in or being of Ind-rotating? 1n vtolation of Section 4 of Article 33E of the Illinms Criminal Code of 1961, as amended (7 20 ILCS or any similar offense of any state or the United States which contains the same elements as the offense of bid~ rotatmg? The Contractor understands and will abide by all provisions of Chapter 2~56 of the Municipal Code ?Of?ce of Inspector General? and all of Chapter 2-156 of the Municipal 00d? entitled "Governmental Ethics B. The Contractor has obtained from all subcontractors to be used in the performance of this contract, known by the Contractor at this time, certifications in form and substance equal to Section I of this ContraCtOF'S A??idavit Based on such certi?cationm) and any other information known or obtained by the Contractor" the Contractor is not aware of any such subcontractor, subcontractor?s affiliated entityl. or any agent partner, employee or of?cer of such subcontractor or subcontractor-?3 af?liated entityl having engaged in 0? been convicted of: any of the conduct described in Section A 1 or of this certi?catton, bid? r1gg'1ng3, bid rotatmg", or any snmlar offense of any state or the United States which contatns the 581m elements as bid-riggmg and bid-rotating, or having made an admissmn of guilt of the conduCt Section A or {bi 15 a matter of record but haslhave not been prosecuted for such conduct Page 5 of 10 2 The Contractor Will, prior to usmg them as subcontractors, obtain from all subcontractors to be used in the performance of this contract, but not yet known by the Contractor at this time, certi?cations in form and substance equal to this certi?cation The Contractor shall not, without the prior written permissmn of the City, use any of such subcontractors in the performance of this contract if the Contractor, based on such certi?cations or any other information known or obtained by Contractor, becomes aware of such subcontractor, subcontractor?s af?liated entity1 or any agent, employee or of?cer of such subcontractor or subcontractor?s af?liated entity1 haying engaged in or been of any of the conduct described in Section A 1 or of this certi?cation or of bid rigg1ng3, bid rotatmg? or any Similar offense of any state or the United States which contains the same elements as bid-rigging or bld~rotating or having made an admissmn of guilt of the conduct described in Section A 1 or which is a matter of record but hasfhave not been prosecuted for such conduct 3 The Contractor Will maintain on ?le for the duration of the contract all certi?cations required by Section (I) and (2) above, for all subcontractors to be used in the performance of this centract and will make such certi?cations available to the City of Chicago upon request 4. The Contractor will not, without the prior written consent of the City, use as subcontractors any indiVidual, firm, partnership, corporation, joint venture or other entity from whom the Contractor is unable to obtain a certi?catmn in form and substance equal to this certi?cation. 5 Contractor hereby agrees, if the City so demands, to terminate its subcontract With any subcontractor, if such Contractor or subcontractor was ineligible at the time that the subcontract was entered into for award of such subcontract under Ch 2-92, Section 2-92-320 of the Municipal Code, or if applicable, under Section 33-E of Article 33 of the State of Criminal Code of 1961, as amended Contractor shall insert adequate provrsions in all subcontracts to allow it to termmate such subcontracts as required by this certification C. STATE TAX DELINQUEN In completing this Se on C, autho ed signatory of the Contractor who executes this Af?davit on behal Contrac SIG ontheline nexttothe appropriate subsection. A . Contractor is not delinquent in the payment of any tan. ?admmis red by the Illinois Department of Revenue or, if delinquent, Contractor is contesting, in accord ce with the procedures established by the appropriate Revenue Act, its liability for the tax o1 amount of the tax 2 Contractor has entered into an agreement With the Illinms Department of Revenue for the payment of all such taxes that are due and is in compliance with sucl agreement. 3. Centractor is delinquent in the payment of any tax administered by the Department of Revenue and is not covered under any of the Situations described in subsections 1 and 2 of this Section C, above 5 D. CERTIFICATION REGARDING SUSPENSION AND DISBARMENT The Contractor certifies to the best of its knowledge and belief, that it and its principals a Are not presently debarred, suspended, proposed fer debarment, declared ineligible. or voluntaril, excluded from covered transactions by any Federal, state or local department or agency, Page 6 of 10 IV. Have not Within a three-year period preceding this proposal been conVicted of or had a civil judgment rendered against them for the 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 commissmn of embezzlement. theft, forgery, bribery, falszl'ication or destruction of records, making false statements, or receiVing stolen property Are not presently indicted for or otherWise criminally or cryilly charged by a governmental entity (Federal, State or Local) with commissmn of any of the offense enumerated in paragraph above, and (1. Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State or Local) terminated for cause or default 2. If the Contractor is unable to certify to any of the statements in this Certi?cation, Contractor shall attach an explanation to this Certi?cation. 3. If any subcontractors are to be used in the performance of this Agreement, Contractor shall cause such subcontractors to certify as to paragraph (Dltl) of this Certi?cation In the event than any subcontractor is unable to certify to any of the statements in this Certi?cation, such subcontractor shall attach an explanation to this Certi?cation E. ANTI-COLLUSION The Contractor, its agent, of?cers 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 connection With proposal Failure to submit this statement as part of the bid proposal will make the bid nonresponsive and not eligible for award consideration F. PUNISHMENT A Contractor who makes a false statement, material to Section (10(2) of this certification ?{an a 01355 3 felony 720 ILCS - 11(b) Making a false statement concerning Section of this certi?cation is a Class A misdemeanor, voids the contract and allows the municipality to recover all amounts paid to the Contractor under the contract in a civil action 65 ILCS 5/11 - 42.1-1 0F COMPLIANCE Neither the Contractor nor any affiliated entity1 of the Contractor has, during a period of Five (5) years prior to the date of execution of this Af?daVit, (1) Violated or engaged in any conduct which Violated Sections 7-28? 440 or 11-4-1500 or Article XIV of Chapter 11-4 or Chapters 7-28 or 11-4 of the Municipal Code or any othe? Environmental Restriction?. (2) received notice of any claim, demand or action, including but not limited to citations and warrants, from the City of Chicago, the State of Illinois, the Federal government, any state a: political subdiVision thereof, or any agency, court or body of the Federal government or any state or politics! subdiinsion thereof, exercising executive, legislative, regulatory or administrative functions, relating to a Violation or alleged violation of Sections 728-440 or 11-4-1500 or Article XIV of Chapter 11-4 in Chapters 7-28 or 11-4 of the MuniCipal Code or any other Erwironmental Restriction, or (3) been Slibject 1 any '?ne or penalty of any nature for failure to comply with Section 7-28-440 or 11-4-1500 or Article XIV :5 Chapter 11-4 or Chapters 7-28 or 11-4 of the Municipal Code or any other Env1ronmental Restriction6 Page 7 of 10 ?x line next to the appropriate statement 1 or 2 below Authorized Signatory of the Contractor who executes this A?'idawt on behalf of the Contract MUST SIGN lon the (g Contractor makes the certi?cation contained in Paragraph A of this Section IV 2 Contractor makes the certification contained in Paragraph A of this Section IV except as to the matters speci?cally identi?ed below (Attach Additional Pages of Explanation to this Contractor's Af?davit, 1f necessary). Without the prior written consent of the Purchasing Agent, Contractor will not employ any subcontractor in connection with the Contract to which this Af?daVit pertains without obtaining from such subcontractor a certi?cation similar in form and substance to the certi?cation contained in Subparagraph 1 of Paragraph A of this Section [11 prior to such subcontractor's performance of any work or services under the Contract to which this Af?dawt pertains or furnishing any goods, supplies or materials of any kind under the Contract to which this Al?dawt pertains; and (ii) employ, in connection With the Contract to which this Af?davit pertains, any subcontractor if the Contractor or any of its of?cers have knowledge that the subcontractor cannot truthfully execute such certi?cation The Contractor Will furnish to the Purchasing Agent of the City upon his request an executed copy of each such certification Until Completion of the Contractor's performance under the Contract to which this Af?davit pertains, the Contractor will not violate any provision of Section 7-28-440 or 11-4-1500 or Article XIV of Chapter 11-4 or Chapter 7-28 or 11-4 of the Municipal Code or any other Environmental Restriction?, whether in the performance of such Contract or otherWise. CERTIFICATION OF COURT-ORDERED CHILD SUPPORT COMPLIANCE For purposes of this Section means any person who owns or holds a ten percent or more percentage of interest in the Contractor; where the Contractor is an indiVidual or sole proprietorship, substantial owner means that indiVidual or sole proprietor Percentage of interest include: direct, indirect and bene?cial interests in the Contractor Indirect or bene?cial interest means that an interest in the Contractor is held by a corporation, JOlnl?. venture, trust, partnership, association. estate 01 other legal entity, in which the indiv1dual holds an interest, or by agent(s) or nominee(sl on behalf of an indiVidual or entity For example, if Corporation holds or owns a twenty percent interestin Contractor, and an individual or entity has a ?fty percent or more percentage of interest in Corporation B, then we]- indWidual or entity indirectly has a ten percent or more percentage of interest in the Contractor In this case, the response to this Section V, must cover such lnleIdual(Sl or entity If Corporation 13 is held by another entity, then this analySis Similarly must be applied to that next entity If Contractor's response in this Section V, is #1 or then all of Contractor's Substantial Owners mus? remain in compliance with any such child support obligations (1) throughout the term of the contract and any extensions thereof or (2) 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 marine? set forth in either #1 or #2 constitutes an event of default Page 8 of 10 In completing this Section the authorized Signatory must Sign the line next to the appropriate subsectio in 4- No Substantial Owner has been declared in arrearage on his or her child support obligatio by an IllinOis court of competent 2 An Illinois court of competent Jurisdiction has issued an order declaring one or more Substantial Owners in arrearage on their child support obligations, however, all such Substantial Owners have entered into court-approved agreements for the payment of all such child support owed, and all such Substantial Owners are in compliance With such agreements 3 An Illinms court of competent Jurisdiction has issued an order declaring one or more Substantial Owners in arrearage on their child support obligations and at least one such Substantial Owner has not entered into a court?approved agreement for the payment of all such child support (?twig (2) at least one such Substantial Owner is not in compliance with a court?approved agreement for the payment of all such child support owed, both (1) and (2) 4. There are no Substantial Owners. VI. INCOREORATION INTO CONTRACT AND COMPLIANCE The above certifications shall become part of any contract awarded to the Contractor set forth on page I of this Contractor's Af?dairit and are a material inducement to the City's execution of the contract, contract modi?cation or, contract amendment with respect to which this Contractor's Affidayit is being executed and delivered on behalf of the Contractor Further, ContractOr shall comply With these certi?cations during the term or performance of the Contract Notes 1-6 Contractor's affidavit 1. Busmess 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 01' employees, or organization of another business entity using substantially the same management, ownership 01 principals as the ?rst entity 2 No corporation shall be barred from contracting With any unit of State or local government as a result of conViction, under either Section 33E-3 or Section 3313?4 of Article 33 of the State of Illinois Criminal Code of 1961. as amended, of any employee or agent of such corporation if the employee so coniricted is no longer employed by the corporation and (1) it has been ?nally adjudicated not guilty or (2) if it demonstrates to the governmental entity with which it seeks to contract and that Entity ?nds that the commissmn of the offense was neither authorized. requested commanded, nor performed by a director, of?cer or a high managerial agent in behalf of the corporation as proVided in paragraph (2) of subsection of Section 5-4 of the State Criminal Code 3. For purposes of Section of this certi?cation, 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 should 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 noncolluswe submisswn 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 1 accepted See 720 ILCS 5133E-3 4 Purposes of Section 111A of this certification, a person commits the offense of and engages in bid rotating when pursuant to any colluswe scheme or agreement with another, he engages in a pattern over time (which, for the purpos es hereof, shall include at least 3 contract bids Within a period often 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 rotate: or is distributed among, persons or busmess entities which submit bids on a substantial number of the same contract: See 720 ILCS Page 9 of 10 BY a :3 magma 7" 37 0 50 I "?67 P92 JUL. 29 5 GI 5111 - 42 1-1 pend? um I numuhtv my anteater ml contract at open?: nub an minim! 0r mu saw um I: ?Hun-m: in payment of?: tax ?mm-d lav Illinois Wile!? ciao-nau- balm un?i?i?' a cum. .mm th- pew-alum sublime! by the nmruu ?will" linilslu ht th- In or thunmnt chin If unless the cannula! 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JOEL H. arweaw am a! "mu My comm swim 0511200 i. Pau- 1.- 217' ?033337324 2/ 2 5 65 ILCS 5111 - 42 1-1 provtdes that a municipality may not enter into a contract or agreement With an 1nd1v1dualor other entity that 15 delinquent in the payment of any tax administered by the Illinois Department of Revenue unless the contracting party 15 contesting, in accordance with the procedures established by the appropnate Revenue Act its liability for the tax or the amount of the tax or unless the contractmg party has entered into an agreement compliance With the agreement. otw1thstanding the above. the municipality may enter into the contract if the contracting authority.r for the mummpahty determines that (1) the contract is for goods or servmes Vital to the public health, safety, or welfare. and (2) the municipality IS unable to acquire the goods or servmes at a comparable price and of comparable quality from other sources 6 "Envrronrnental Restriction" means any statute, ordinance, rule, regulation, permit, permit condition, order or directive relatmg to or imposing liability or standards of conduct C0?cern1ng the release or threatened release of hazardous materials, special wastes or other contaminants into the environment, and to the generation, use, storage, transportation, or disposal of construction debris, bulk waste, refuse, garbage, solid wastes. hazardous materials. special wastes or other contammants, including but not limited to (1) the Comprehensive Environmental Response and Compensation and Liability Act (42 8.0. 9601 at sea]. (2) the Hazardous Material Transportation Act (49 5 1801 et seq); (3) the Resource Conservation and Recovery Act of 1976 (42 7401 et seq (41 the Clean Water Act (33 5.0. 1251 et seq); (5) the Clean Air Act (42 5.0 7401 et seq (6) the Toxic Substances Control Act of 1976 (15 8.0. 2601 et seq (7) the Safe Drinking Water Act (42 S.C 3003; (8) the Occupational Health and Safety Act of 1970 (29 651 et seq 1. (9) the Emergency Planmng and Community Right to Know Act (42 11001 at seq and (10) the [Ihnois Envrronmental Protection Act (415 ILCS 5/1 through 5156.6) VII. VERIFICATION Under penalty Of 1391311er I certify that I am authorized to execute this Centractor's Affidavit on behalf of the Contractor set forth on page 1, that have persona of all the certi?cations made herein and that the same are true i? Si of Authorized O?'icer . Name of Authorized Of?cer (Print or Type) PreSLdent Title 708-333-4348 Telephone Number Stateof County of Cook Signed and sworn to before me this day of . 19 by . J. Corcqran (Namel as freeldent (Title) of Inc. Environmenta 1 Auto Remove 1 (Contractor otary Public Signature ECU 7:96 Page 10 of 10 EXHIBIT 9 FACILITY MAINTENANCE SECURITY IMPROVEMENTS EAR will maintain the physical structure of and security for the facilities of Auto Pounds #3 and Maintenance includes lighting, fenc1ng, snow removal and parking surfaces. EAR's intention is to implement of canine patrols of the yard to deter entry of unauthorized personnel and ensure the safekeeping of vehicles. Each Pound will be provided with a double wide mobile fac11ity designed for efficient customer service and to prov1de a professional atmosphere with spacious waiting area. Guard shacks will be strategically placed at the entrance of each Pound. These structures are designed with 360 degree viewing capability. The guard will be able to accomplish his check in/out duties while having a facility when the elements are severe. See attachment Each Pound will be furnished with a heated toilet facility. This structure will accommodate the needs for both male and female. Each sex will have a designated area, providing a sturdier, more secure and roomier facility then the current portable toilets. These toilet facilities will comply with the American Disabilities Act. See Attachment Dumpsters for trash and lugger boxes for metal items will be placed throughout each Pound. Their placement will make it convenient to sort the debris into the proper containers and keep the area litter free. EAR has purchased grading equipment. This equipment W111 be used to keep the grounds and aisles in a good state through an aggressive action plan. The fence surrounding each Pound will be viewed daily. Damage to the fence will not go unnoticed. Repairs will be made daily to maintain the security for the safe keeping of vehicles. All vehicles will be parked daily. Rows will be straightened to allow plenty of room for vehicles to safely pass through. Vehicles will have ample space between them to avoid damage. Contract Summary Sheet Contract (P0) Number: T6968900401 Speci?cation Number: B69689004 Name of Contractor: ENVIRONMENTAL AUTO REMOVAL INC City Department: STREETS AND SANITATION Title of Contract: PILOT AND POUND MANAGEMENT AGREEMENT Term of Contract: Start Date: 1/1/96 End Date: 11/30/96 Dollar Amount of Contract (or maximum compensation if a Term Agreement) (DUR): Brief Description of Work: PILOT TOWING AND POUND MANAGEMENT AGREEMENT Procurement Services Contact Person: GAIL BORENSTEIN Vendor Number: 271275 Submission Date: FEB 2 6 2004 PILOT TOWING AND POUND MANAGEMENT AGREEMENT BETWEEN THE CITY OF CHICAGO AND ENVIRONMENTAL AUTOMOBILE RECOVERY, INC DERARTMENT TABLE OF CONTENTS Page ARTICLE 1. INCORPORATION OF RECITALS . . 2 ARTICLE 2 DEFINITIONS 2 ARTICLE 3 DUTIES AND RESPONSIBILITIES OF CONTRACTOR 3 3 01 Scope of Pilot Program 3 3 02 Towing Vehicles 4 3 03 Police Tow Signs 4 3 04 Managing Towed Vehicles 4 3 05 Fac1lity Operations 5 3 06 Reports 5 3 07 Background Check 6 ARTICLE 4 TERM 7 4 01 Term of Services 7 4 02 Extension, No Damages for Delay 7 ARTICLE 5 COMPENSATION 7 5 01 Invoices 7 5 02 Basrs of Payment 3 03 Payment . 8 5 04 Funding . 8 5 05 Non-Appropriation 3 5 O6 Contractor Payment 9 ARTICLE 6 SPECIAL CONDITIONS 9 6 01 Warranties and Representations 9 6 02 Cooperation . . 12 6 03 Right to Set-off . 12 6 04 Non-Discrimination 13 6 05 Minority and Women Business Enterprise Commitment . 14 6.06 Personnel . . . 15 6 07 No Personal Liability for Public Of?cials . l6 6 08 Disputes . . . 16 6 09 Records and Audits . l6 6 10 Con?dentlality . . . . . 16 6 11 Assignment . . . . . 17 ARTICLE 7 RISK OF LOSS . . 17 7 01 Indemnity . 17 7 02 Insurance 18 7 03 Letter of Credit 21 ARTICLE 8 TERMINATION AND DEFAULT 8 01 Early Termination 8 02 Events of Default 8 03 Remedies ARTICLE 9. GENERAL CONDITIONS 9 01 Counterparts 9 02 Amendments . 9 03 Comphanee with All Laws 9 04 Governing Law 9 OS Interpretation 9 06 Severability ARTICLE 10 NOTICES EXHIBITS Exhibit A Certi?cation Affidavit Exhibit Requirements Exhibit Prevailing Wage Rates Exhibit Form of Letter of Credit EILQT TOWING AND POUND MANAGEMENT AGREEMENT This agreement is entered into as of January 1, 1996, by and between Environmental Automobile Recovery, Inc, an Illinois corporation, hereafter referred to as the "Contractor", and the City of Chicago, a municipal corporation and home rule unit of local government, acting through its Department of Streets and Sanitation (the "City") RECITALS WHEREAS, the City is responsible for towing numerous automobiles for various reasons to several automobile pounds located in Chicago, and WHEREAS, the City desires to have a pilot program to determine the feasibility of havmg outside contractors provide certain towing services which when requested must be performed w1thin certain time frames and (i1) manage one City automobile pound, and WHEREAS, the Contractor is presently satisfactorily performing and managing certain towing services for the City, and WHEREAS, the Contractor represents that it is ready, willmg and able to perform the requlred services, NOW, THEREFORE, the City and the Contractor agree as follows ARTICLE 1. INCORPORATION OF RECITALS The above recrtals are expressly incorporated into and made a part of this agreement as though fully set forth hereinafter ARTICLE 2. DEFINITIONS Where used herein, the followrng words and terms have the meanings set forth below "Agreement" means this agreement, including any exhibits attached hereto and incorporated herein by reference "Code" means the Municipal Code of the City (1990), as amended from time to time "Commissioner" means the Commissioner of the Department of Streets and Sanitation or her duly authorized representative "Department" means the Department of Streets and Sanitation "Facility" means the City?s auto pound located at 103rd and Doty Streets and any other City auto pound duly designated by the from time to tune "Immediate Tow? means towmg a vehicle orally identi?ed by the Department away from its location in Chicago within sixty (60) minutes of the City?s request and towing it to the within ninety (90) minutes of the City?s request "Inventory Report" means a report in a form acceptable to the Commissioner, including with limitation, a description of the vehicle with make, model, year, body style and vehicle identi?cation number, and information regarding license plates and stickers of municipalities, including expiration dates "Key Personnel" means those employees in the Contractor?s employ and those employees who will be supervising or performing the services on behalf of the Contractor in accordance with this Agreement "Purchasing Agent" means the Purchasing Agent of the City or his duly authorized representative "Risk Manager" means the City?s Risk Manager in the City Comptroller?s Of?ce of Risk Management or her duly authorized representative "Tow Report" means a report in a form approved by the contaming at a minimum a description of the vehicle towed, the locatlon of the Vehicle, the time of the request by the City, the time the Vehicle was towed, the time the Vehicle arrived at the Facility, and the identification of the driver of the Immediate Tow "Vehicles" means all cars and trucks which are Immedlate Tows ARTICLE 3 DUTIES AND RESPONSIBILITIES OF CONTRACTOR 3 01 Scope of Pilot Program The Contractor shall be responsible for operating the Facility and performing towing services in accordance with this Agreement The goal of this pilot program is to determine if towing and auto pound management can be feasibly performed by outside contractors Accordingly, it is essential that the Contractor report regularly regarding the work it is performing and the personnel and equipment required to perform those tasks so that the City can thoroughly evaluate the program 3 02 Towing Vehicles. The Contractor shall perform Immediate Tows only for Vehicles orally designated by the Department and shall prepare a Tow Report for each Immediate Tow Immediate Tows shall be performed only with the Contractor?s vehicles Time is of the essence in performing Immediate Tows, therefore the Contractor shall provide necessary resources to perform Immediate Tows twenty-four (24) hours a day, seven (7) days a week within mnety (90) minutes of noti?cation by the Department, regardless of weather, traf?c conditions or the location of the Vehicles The Contractor shall orally notify the Department when a Vehicle is removed from a location, which shall occur within sixty (60) minutes of noti?cation by the Department The Contractor must bring all Vehicles directly to the Facility. 3 03 Police Sim The Contractor?s vehicles shall display "Police Tow" signs as approved by the Commissioner while responding to and performing Immediate Tows Such signs otherwise may not be displayed by the Contractor?s vehicles 3 04 Managing Towed Vehicles The Contractor shall inventory and impound all Vehicles, and provide the City with a Tow Report and an Inventory Report within ninety (90) minutes of the Department?s mm for an Immediate Tow The Contractor shall store Vehicles at the Facility only The Contractor shall release a Vehicle to a third party with a valid receipt signifymg payment of applicable fees within ?fteen (15) minutes of being presented a receipt issued by the City to release the Vehicle to such third party In the event the Commissioner requests that a Vehicle be released to the City, the Contractor must make the Vehicle available to the City within twenty-four (24) hours of the request In those instances where the City transfers its interest and title in a Vehicle to the Contractor, the Contractor shall remove such Vehicle from the Facility within twenty-four (24) hours of transfer of interest and title in accordance with all applicable laws including, without limitation, requirements imposed by the Environmental Protection Agency The City shall have no responsibility or interest in the vehicle subsequent to such transfer 3 OS Eacihty Operations The Contractor shall staff the Facility twenty-four (24) hours a day, seven (7) days a week with adequate personnel to operate the Facility The Contractor shall be reaponsible for providing staf?ng at the Facility to answer Inquiries regarding Vehicles, facilitate the timely inventory of Vehicles, and assist in the redemption of Vehicles The Contractor also shall be responsible for the security of the Facility and of impounded Vehicles, including limrting access to authorized persons The Contractor shall be responsible for providing all necessary utilities at the Facility. The Contractor shall maintain the Facility and perform all needed repalrs a manner acceptable to the Commissioner. 3 06 Reports. A Daily The Contractor by noon of each day must supply the Department with a report, in a form approved by the Commisswner, related to its activities pursuant to this Agreement The report shall summarize the Contractor?s activities on the previous day includmg vehicles towed, type of tow, time of noti?cation, time of tow, identification of Vehicle, Immediate towed Vehicles redeemed, and Vehicles otherwise disposed of pursuant to the instructions of the City In addition, the report shall include the amount of the equipment and personnel used by the Contractor on the prevrous day The Contractor shall attach to the report copies of the Tow Reports and Inventory Reports for each Vehicle towed to the Facility during the previous day @13th The Contractor shall provide the Commissioner a report of its activities pursuant to this Agreement This report shall be in a form acceptable to the Commissroner and provided to the Commissioner upon request but no event no later than the third day of the month subsequent to the month being reported on The report shall include a summary of the same information as provrded in the daily reports, without attachments In addition, the report Will detail all Vehicles in the Facility, including but not limited to a list of all Vehicles by type of tow which have been in the Facility for in excess of ?fteen (15) days The report also shall indicate the number of Vehicles released by the City to the Contractor In order to further the objectives of this pilot program, the report also shall include information regarding the equipment and personnel used by the Contractor in a previous month. This information should be summarized by day and shift 3 0?7 Backgound Check. The Contractor and its subcontractors, of?cers, directors, and all other employees identi?ed by the Commissroner must submit to a background check to be conducted by the Chicago Police Department, including but not limited to a ?ngerprint check The Contractor will supply to the Department a list of drivers and other personnel, including driver?s license numbers, performing tasks pursuant to the terms of this Agreement The Contractor shall provide such information for new personnel to the Department within seven (7) days of the time such personnel commence performing work pursuant to Agreement. this background check, the City assumes no responsibility for determining whether such individuals are quali?ed for their positions The Contractor remains responsible for the actions of such Individuals. ARTICLE 4 4 01 Te@ 9f Services The effective date of this Agreement is January 1, 1996, and the services shall continue for eleven (11) months until November 30, 1996 4 02 Extension; No Dmages for Delay The Contractor agrees that no charges for damages shall be made by the Contractor for any delays or hindrances from any cause whatsoever during the progress of any portion of the performance of the terms and conditions of this Agreement Such delays or hindrances, if any, shall be compensated for by an extension of time for such reasonable period as may be mutually agreed upon between the parties, however, the permitting of the Contractor to perform under this Agreement after the date when performance was due shall not operate as a waiver on the part of the City of any of its rights herein ARTICLE 5 COMPENSATION 5 01 The Contractor shall submit invoices to the Department, with supporting documentation, in a form acceptable to the Commissioner, by the tenth day of the month after the month bemg invmced. The invorces must be signed, dated, include the City contract number, and provide a summary of the number of Immediate Tows by the Contractor for the invoice period 5 02 Basrs of Pament The Contractor shall be entitled to eighty-two dollars ($82 00) for each Immediate Tow for towing a Vehicle and operatmg the Facility in accordance with the terms of this Agreement calculated at the rate of sixty-?ve dollars ($65 00) for each Immediate Tow and seventeen dollars ($17 00) for each Vehicle stored 5 03 The City process payment within sixty (60) days after the receipt of mvoices completed in accordance with the terms of this Agreement The City shall not be obligated to pay for any goods and/or servrces delivered which were non?comphant with the terms and condltions of this Agreement 5 04 F_und_mg Any payments under this Agreement shall be made from Fund No 300-81?2070-0140 and various other funds and are subject to the appropriation and availability of funds therein 5 OS Non?Appropriation In the event that no funds or insuf?cient funds are appropriated and budgeted 1n any ?scal period of the City for payments to be made under this Agreement, then the City will notify Contractor of such occurrence and this Agreement shall terminate on the earlier of the last day of the ?scal period for which suf?cient appropriation was made or whenever the ?mds appropriated for payment under this Agreement are exhausted No payments shall be made or due to the Contractor and under this Agreement beyond those amounts appropriated and budgeted by the City to fund payments hereunder 5 O6 Contractor Payment The Contractor shall pay the City one hundred and thirty-two dollars ($132 00) for each Vehicle released by the City to the Contractor for disposal The Contractor shall indicate the amount due the City in the reports required pursuant to Section 3 6(3) of this Agreement The City shall invoice the Contractor by the tenth day of the month following the month being invoiced The Contractor shall pay the Department, at the address mdicated in Section 10 of this Agreement, within sixty (60) days of such invoices ARTICLE 6. SPECIAL CONDITIONS 6 01 Warranties and Represengtions In connection with the execution of this Agreement, the Contractor warrants and represents: A That no of?cer, agent or employee of the City 18 employed by the Contractor or has a ?nancial interest directly or indirectly in this Agreement or the compensation to be paid hereunder except as may be permitted in writing by the Board of Ethics established pursuant to the Code (Chapter 2-156); and that no payment, gratuity or offer of employment shall be made in connection with this Agreement by or on behalf of any subcontractors to the Contractor or higher tler subcontractors or anyone associated therewith, as an mducement for the award of a subcontract or order; and the Contractor further acknowledges that any Agreement entered mto, negotiated or performed in Violation of any of the provisions of Chapter 2-156 shall be voidable as to the City That the Contractor shall not knowingly use the servrces of any ineligible contractor or consultant for any purpose in its performance under this Agreement That the Contractor and its subcontractors are not 111 default at the time of the execution of this Agreement, or deemed by the Purchasing Agent to have, within ?ve years immwiately preceding the date of this Agreement, been found to be default on any contract awarded by the City That the Contractor is in compliance with the Illinois Criminal Code, 720 5/3 3E, and Section 2-92-320 of the Code In connection herewith, the Contractor has executed a Certi?cation Af?davit which is attached hereto as Exhibit A and moorporated by reference as if fully set forth herein That it IS ?nancially solvent, that it, its employees, agents or consultants and subcontractors of any tier are competent to perform as requn'ed under this Agreement, and that the Contractor is legally authorized to execute and perform or cause to be performed this Agreement under the terms and conditions stated herein That the Contractor has carefully examined and analyzed the provisions and requirements of Agreement, that from its own analysis it has satis?ed itself as to the nature of all things needed for the performance of this Agreement, and all other matters which in any way may affect this Agreement or its performance 10 That the Agreement is feasible of performance in accordance with all of its provisions and requirements That except only for those representations, statements, or promises expressly contained this Agreement, and any exhibits attached hereto and incorporated by reference herein, no representation, statement or promise, oral or in writing, or of any kind whatsoever, by the City, its of?cials, agents, or employees, has induced the Contractor to enter into this Agreement or has been relied upon by the Contractor I That the Contractor is an independent contractor in the performance of this Agreement and under no circumstances is the Contractor to be considered either an agent of or a joint venturer With the City except as expressly provided herein That the Contractor lS solely responsible for any liability it may have to persons, ?rms or corporations employed by it in any capacity whatsoever and to any government for liabilities, obligations or taxes of whatever nature That this Agreement supersedes any and all other prior agreements or communications, either written or oral, made between the parties concerning the subject matter of this Agreement, and such prior agreements or communications shall have no legal or binding effect whatsoever on the parties hereto It shall be the duty of the Contractor, its of?cers, directors, agents, and employees to cooperate with the Inspector General in any investigation or hearing undertaken pursuant to Chapter 2-56 of the Code The Contractor understands and will abide by all provisions of Chapter 2-56 All subcontracts shall inform subcontractors of this provision and require understanding and compliance herewrth 11 6 02 Cooperation The Contractor agrees to work cooperatively and in the spirit of good faith with the City The Contractor agrees to meet With City representatives whenever necessary to resolve any problems that occur relative to the administration of the Agreement 6 03 Right to Set-Off A Arising under this Ageemgnt The City shall be entitled to set-off against amounts due to the Contractor under this Agreement amounts due from the Contractor pursuant to this Agreement or other contracts with the City and any excess costs, and damages incurred by the City resulting from the Contractor?s performance or non-performance under this Agreement In the event the amount set-off is insuf?cient, the Contractor shall be liable for and remit to the City Within sixty (60) days the balance due upon written demand therefor This right is in addition to, and not a limitation on, any other remedies available to the City Pursuant to Chapter 2-92-3 80 of the Code In accordance with Chapter 2-92-380 of the Code and in addition to any other rights and remedies (including any of set-off) available to the City under this Agreement or permitted at law or in equity, the City shall be entitled to set-off a portion of the contract price or compensation due under this Agreement, 111 an amount equal to the amount of the interest and penalties for each outstanding parking Violation complaint and/or the amount of any debt owed by the Contractor to the City For the purposes of this section, "outstanding parking Violation complaint" means a parkmg ticket, notice of parking violation, or parking Violation complaint on which no payment has been made or appearance ?led in the Circuit Court of 12 Cook County within the time speci?ed sum of money owed to the City for which the period granted for payment has expired No such debt(s) or outstanding violation complaints shall be offset if one or more of the following conditions are met (1) the Contractor has entered into an agreement with the Department of Revenue, or other appropriate City department, for the payment of all outstanding parking complaints and/or debts owed to the City and the contracting party is compliance with the agreement, or (2) the Contractor is contesting liability for or the amount of the debt in a pending administrative or judicial proceeding, or (3) the Contractor has ?led a petition in bankruptcy and the debts owed the City are dischargeable in bankruptcy 6 O4 Non?Discrimination The Contractor in performing under this Agreement shall not discrimmate against any workers, employees, or applicants, or any member of the public, because of race, color, religion, age, sex, sexual orientation, marital status, military discharge status, source of mcome, parental status, mental or physical disability unrelated to ability to perform, or national origin, nor otherwise commit an unfair employment practice The Contractor shall take af?rmative action to ensure that applicants are employed, and that employees are treated durmg employment, without regard to their race, color, religion, sex, sexual orientation, or national ongin Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termmation, rates of pay or other forms of compensation, and selection for training, including apprenticeship The 13 Contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimmation clause The Contractor further agrees that this clause will be incorporated in all contracts entered into with subcontractors, suppliers of materials or servrces, contractors, and all labor organizations, furnishing skilled, unskilled and craft union skilled labor, or who may perform any such labor or services in connection With this Agreement Attention is called to Executive Order 11246 issued September 24, 1965, 30 FR 12319, as modi?ed by Executive Order 11375 issued October 13, 1967, 32 14303 and Executive Order 12086 issued October 5, 1978, 43 46501 and as further amended by Federal Reorganization Plan No. 2 of 1978, Section 102, 43 36037, 92 Stat 3783, The Civil Rights Act of 1964, 42 US 2000 et seq as amended, the Americans with Disabilities Act of 1990, the Illinors Human Rights Act, 775 ILCS 511?101 e_t seq and Chapter 2-160 of the Code. To demonstrate compliance with the requirements of this Section the Contractor shall furnish such reports and information as may be reasonably requested by the Chicago Commission on Human Relations 6.05 Minority and Women Business Enterprise Comitment The Contractor agrees to utilize Minority Business Enterprises and Women Busmess Enterprises in connection with this Agreement pursuant to 2-92?420 of the Code and to provide all schedules and certi?cations required therefor, copies of which are attached hereto and incorporated herein by reference as Exhibit 14 6 06 Personnel A Email: Salaries of employees of the Contractor and its subcontractors performmg work and/or services under this Agreement shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the apphcable regulations issued by Secretary of Labor pursuant to the "Anti-Kickback Act" of June 13, 1934 (48 Stat 948, 62 Stat 740, 63 Stat 108, 18 871, and 40 276a) The Contractor and its subcontractors shall comply with all applicable "Anti?Kickback" regulations and shall insert appropriate provisions, including but not limited to the terms contained in this Section, all subcontracts covering work under this Agreement to insure compliance with this Section and such regulations, and shall be responsible for the submission of af?davits required thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof Prevailing Wages To the extent applicable, the Contractor and all subcontractors shall comply with ACT regulating wages of laborers, mechanics and other workmen employed in any public works by the State, county, city or any public body or any political subdivision or by any one under contract for public wor approved June 26, 1941, as amended, 820 ILCS 130/0 01 e_t A copy of the most recent prevailing wage rates are attached as Exhibit and incorporated herem by this reference 15 6 07 No Personal Liablli? for Public Of?mals. In out any of the provrsions of this Agreement or in exercising any power or authority granted to them thereby, there shall be no liability for any City of?cial, their authorized representatives, or any employee of the City, either personally or as of?cials of the City, it being underswod that in such matters they act as agents and representatives of the City 6 08 Rim Except as otherwise provided in this Agreement, the Contractor shall bring any diSpute concerning a question of fact ansmg under this Agreement which 13 not disposed of to the Purchasing Agent for decision The Purchasing Agent shall reduce his decision to writing and mail or otherwise ?mnsh a copy of It to the Contractor 6 09 Remrds and Audits Contractor shall maintain records during the term of this Agreement and for a period of ?ve (5) years after termination or expiration hereof The City shall have the right to audit all records and accounts of the Contractor directly related to this Agreement. 6 10 Con?dentiality All documents, data, studies and reports created as a result of this Agreement are to be the property of the City, con?dential, and shall not be disclosed to third parties Without the consent of the Commissioner The Contractor, its subcontractors, and their of?cers, agents and employees shall not issue publicity news releases or grant press interviews and, except as may be required by law, dissemmate any information regarding the Agreement and/or performance thereof without the prior written consent of the Commissioner, and (ii) immediately notify the Commissioner and the City?s Corporation Counsel in the event the 16 Contractor receives a subpoena MES, regarding the Agreement and performance thereof so the City may have the opportunity to contest the sgbpoena before records or documents are to a court or other third parties 6.11 Ass'ment The Contractor agrees that it shall not assign all or any part of its services or responsibilities under this Agreement without the prior written consent of the Purchasing Agent, provided that the Purchasing Agent shall be deemed to have approved the subcontractors listed 1.11 Exhibit B, but in no case shall any such consent relieve the Contractor of its obligations under Agreement The City reserves the right to assign all or any part of its interests in this Agreement The Contractor shall not transfer or any funds or claims due or to become due under this Agreement, in whole or in part, or any interest therein, Without the prior written consent of the Purchasing Agent. Such transfer or ass1gnment shall constitute an event of default under this Agreement and be void as to the City ARTICLE 7 RISK OF LOSS 7.01 NM The Contractor shall indemnify, defend and keep and save harmless the City, its agents, of?cials and employees (collectively, the "Indemni?ed Parties") against any and all injuries, deaths, losses, damages, claims, patent, copyright or other intellectual property claims, suits, liabilities, judgments, costs and expenses of any nature whatsoever, which may in any way accrue against any of the Indemnified Parties by reason of the award to or performance of this Agreement by the Contractor which may have been caused either directly or indirectly by acts, 17 conduct, errors or omissions of the Contractor or its of?cers and employees, or of its subcontractors The Contractor expressly understands and agrees that the insurance required by this Agreement of the Contractor, or otherwise provrded by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Indemni?ed Parties 7 02 Insurance A Insurance to be Provided by Contractor The Contractor shall procure and maintain at all times during the term of this Agreement, at Contractor?s own expense the types of insurance speci?ed below, insurance companies authorized to do such business in the State of Illinois and reasonably acceptable to the City covering all operanons under the Agreement, whether performed by the Contractor or by subcontractors The kinds and amounts of insurance required are as follows 1 Worker?s Compensation and Occupational Disease Insurance Worker?s Compensation and Occupational Disease Insurance, in accordance with the laws of the State of Illinois, or any other applicable jurisdiction, covering all the Contractor?s employees performing under this Agreement Employer?s liability coverage shall be mcluded and shall have limits of not less than $500,000 each accident or 1llness 2 Commercial Gen_e_ral Liability Insurance (grimy and Umbrella! Commercial General Liability Insurance or equivalent limits of not less than 18 one million dollars ($1,000,000) per occurrence, combined single hmit, for bodily mjury, personal injury, premises/operations, and property damage liability. operations, independent contractors, broad form property damage, and contractual liability coverages are to be included The City, its employees, elected of?cials, agents and representatives is to be named as additional insureds on a primary non?contributory basrs for any liability arising directly or from this Agreement Automobile Liabilig Insurance The Contractor shall provide Automobile Liability Insurance with limits of not less than one million dollars ($1,000,000) per occurrence, combined single limrt for bodily injury and property damage The City is to be named as an additional insured Related Requirements. The Contractor shall furnish the City, Department of Purchases, Contracts and Supplies, City Hall, Room 403, 121 LaSalle 60602, original Certificates of Insurance ev1dencing the requlred coverage to be in force on the date of this Agreement, and Renewal Certi?cates of Insurance, or such similar evidence, if the coverages have an expiration or renewal date occurring during the term of ?ns Agreement The Contractor shall submit evidence of msurance on the City?s Insurance Certi?cate of Coverage Form prior to execution of this Agreement The receipt of any certi?cate does not constitute agreement by the City that the insurance requirements in the Agreement have been fully met or that the insurance policies indicated on the certi?cate are in compliance with all Agreement requirements The failure of 19 the City to obtain certificates or other msurance evidence from the Contractor shall not be deemed a waiver by the City Non-conforming insurance shall not relieve the Contractor of its obhgations to provrde the insurance required herein Non ful?llment of the insurance requirements may constitute a violation of this Agreement, and the City retains the right to terminate the Agreement until proper evidence of insurance is provided The Contractor shall require all subcontractors to carry the insurance requrred herein, or the Contractor may provide the coverage for any or all subcontractors, and, if so, the evidence of insurance submitted shall so stipulate The insurance shall provrde for sixty (60) days prior written notice to be given to the Purchasing Agent in the event coverage 18 substantlally changed, canceled, or non-renewed Any and all deductibles of self-insured retentlons shall be borne by the Contractor The Contractor expressly understands and agrees that any insurance coverages and limits furnished by the Contractor hereunder shall in no way limit the Contractor?s liabilities and responsibilitles speci?ed in this Agreement or by law The Contractor shall, and shall cause its subcontractors to, agree that their insurers shall waive their rights of subrogation against the City, its employees, elected of?cials, agents, or representatives The Contractor expressly understands and agrees that any insurance or self-insurance programs maintained by the City shall apply in excess of and not contribute with insurance provided by the Contractor pursuant to this Agreement The required insurance shall not be limrted by any lirmtations expressed in the 20 indemni?cation language herein or any limitation placed on the indemnity as a matter of law If the Contractor, or its subcontractors, desire additional coverage, higher limits of liability, or other modi?cations for its own protection, the Contractor and each of its subcontractors, shall be responsible, the contractor and each of its subcontractors, shall be responsible for the acquisition and cost of such additional protection The City maintains the right to modify, delete, alter or change these requirements- 7 03 Letter of Credit The Contractor shall provide the City, on or before the effective date of this Agreement, a letter of credit in the form attached as Exhibit incorporated herein by this reference or other form acceptable to the City in the amount of three hundred thirty thousand dollars ($330,000) for the term of this Agreement. If an Event of Default by the Contractor exists with respect to any provrsion of this Agreement, the City may draw under the letter of credit in part or in whole and use, apply or retain all or any part of the proceeds thereof Any letter of credit delivered by the Contractor shall be issued by companies or ?nancial institutions authorized to do business in Illinois, which have an of?ce in Chicago where the City may draw on the letter of credit ARTICLE 8 TERMINATION AND DEFAULT 8.01 Early Termination The City may terminate this Agreement, or any portion thereof, at any time upon thirty (30) days notice in writing from the Purchasing Agent to the Contractor when this Agreement may be deemed by the Purchasing Agent to be no longer in the best interests of the City 21 8 02 Even? of Default The followmg shall constitute "Events of Default" a) Any material misrepresentation made by the Contractor, or b) in writing of insolvency of Contractor, or an assignment of assets for the bene?t of creditors by Contractor, or c) Failure by the Contractor to perform satisfactorily its serv1ces or responsibilities hereunder within the time(s) speci?ed or any authorized extensions thereof as provided herein or to observe any or all of the terms and conditions of this Agreement 8 03 Rmedies Upon the occurrence of an Event of Default hereunder, the City may, at its sole option after notice in accordance with this Agreement and allowing for a thirty (30) day cure period, do the following a) Demand speci?c performance of any or all of the work yet to be performed pursuant to this Agreement, b) Terminate all or part of this Agreement as to any or all of the work yet to be performed, or 0) Receive from Contractor any and all damages incurred as a result or in consequence of an Event of Default No remedy under the terms of this Agreement is intended to be exclus1ve of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedies, at law, in equity or by statute, exrsting now or hereafter 22 ARTICLE 9 GENERAL CONDITIONS 9 01 Counterparts This Agreement has several identical counterparts, each to be fully executed by the parties and each to be deemed an original having identical legal effect 9 02 Amendments No amendments to, or discharge of, this Agreement shall be valid unless in writing and signed by the authorized agents of the parties or their respective successors and assigns 9 03 Compliance with All Laws The Contractor warrants and represents that it is comphance with and shall at all times observe and comply with all applicable laws now existing or hereafter in effect which may in any manner affect the valldity of or performance of this Agreement, including without lnnitation, environmental laws regarding disposal of Vehicles, Chapter 625 of the Illinois Compiled Statutes, and the Americans with Disabilities Act as applicable to the City 9 O4 Governing Law This Agreement shall be governed as to performance and interpretation in accordance with the laws of the State of Illmois 9.05 Integpregtion Any headings of this Agreement are for convenience of reference only and do not de?ne or limit the provisions hereof Words importing the singular number shall include the plural and vice-versa, and words importing the masculme gender shall include the femmine gender and vice-versa, unless the context shall otherwise mdicate 23 9 06 Severabiligg If any provisions of this Agreement shall be held or deemed to be or shall in fact be inoperative or unenforceable as applied in any particular case in any jurisdiction or in all cases because it con?icts with any other provision or provisions hereof or of any constitution, statute, ordinance, rule of law or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provisron in questron inoperative or unenforceable 1n any other case or circumstances, or of rendering any other provrsion or provisions harem contained invalid, inoperative, or unenforceable to any extent whatever The invalidity of any one or more phrases, sentences, clauses or sections contained in this Agreement shall not effect the remaining portlons of this Agreement or any part thereof ARTICLE 10 NOTICES Notices provided for herein, unless expressly provided for otherwise 1n this Agreement, shall be in writing and may be delivered personally or by placing in the United States mail, ?rst class and certi?ed, return recelpt requested, with postage prepaid and addressed as follows If to the City Department of Streets and Samtation City Hall, Room 700 121 LaSalle Chicago, Illinois 60602 Attention Commissioner 24 with copies to* Department of Purchases, Contracts and Supplies Room 403, City Hall 121 North LaSalle Street Chicago, Illinois 60602 Attention Purchasing Agent and Department of Law Room 51], City Hall 121 North LaSalle Street Chicago, Illinois 60602 Attention? Corporation Counsel If to Contractor Environmental Auto Removal, Inc 16325 South Crawford Markham, Illinois 60428 Attention: President Changes in the above-referenced addresses must be in writing and delivered in accordance with the provisions of this Article Notices delivered by mail shall be deemed received three days after mailing in accordance with this Article Notices delivered personally shall be deemed effective upon receipt 25 IN WITNESS WHEREOF, the City and the Contractor have executed Agreement as of the date ?rst set forth above, at Clncago, Illinois CITY OF CHICA BY. BY . Actmg i?mchasing Agent 4? a, Comptro? er APPR AS TO FORM AND LEGALITY By VW VAssistant Corporation Counsel BY mama AL TITLE FM agr AL 1? SHIRLEY 3 {l Notary Public State oi Illinois My Expl 26 Exhibit A Certi?cation Af?davit AFFIDAVIT SPECIFICATION NUMBER Bidder/Proposer Name ENVIRONMENTAL AUTO REMOVAL INC. (E.A.R.) Bidder/Proposer Address 16325 SOUTH CRAWFORD AVENUE MARKHAL ILLINOIS 60426 Federal Employer Social Security Instructions: FOR USE WITH A CONTRACT FUNDED IN WHOLE BY CITY OR STATE FUNDS. Every Contractor submitting a bid/proposal to the City of Chicago must complete this Contractor?s Af?davit. Special attention should be paid to Sections I 19. 1 to 4), IKE. 111019. 61, and IV 11;. 8! which reguire the Contractor to provide certain information to the ?113. The Contractor should complete this Contractor?s Af?davit by signing Section 8). Please note that in the event the Contractor is a joint venture, the joint venture and each of the joint venture partners must submit a completed Contractor?s Af?davit. In the event that the Contractor is unable to certify to any of the statements contained herein, Contractor must contact the Department of Purchases, Contracts and Supplies for the City of Chicago and provide a detailed factual explanation of the circumstances leading to the Contractor?s inability to so certify. The underSIgned Martin . ,as Pre81dent (Name) (Title) and on behalf of ("Contractor?) havmg been duly sworn under oath (Business Name) certifies that DISCLOSURE OF OWNERSHIP INTERESTS Pursuant to Chapter 2-154 of the Mumclpal Code of Chicago, all shall prov1de the followmg information With their bid/proposal If the question 18 not applicable, answer With If the answer IS none, please answer none Bidder/Proposer IS a. Corporation Sole Proprletor (Check One) I 1 Partnership ]Not-for~Profit-Corporat1on IJomt Venture Other Page 1 of 8 SECTION 1. FOR PROFIT CORPORATIONS a. Incorporated in the State of I 1 11 no 18 Authonzed to do busmess 1n the State of I111noxs YES NO Names of all of?cers of corporation (or Attach Llst) Names of all directors of corporation or Attach List) Name(Pr1nt or Type) Title(Pr1nt or Type) Name(Print or Type) Title(Pr1nt or Type) Martin McNallv President Martin Director Edward Corcoran Edward Coxggxan Director If the corporation has fewer than 100 shareholders indicate here or attach a of names and addresses of all shareholders and the percentage interest of each NameIPrint or Type) Address Ownership Interest Martln 1114 Heather H111 Fr. 50 Flossmoor, Il. 60422 Edward Corcoran 16755 S. WestW1nd 50 Tlnley Park, II. 60477 Is the corporation owned partially or completely by one or more other Corporations?? YES NO [x I If ?yes,? prov1de the above Informatlon, as applicable, for each of said corporatmns If the corporation has 100 or more shareholders, 1nd1cate here or attach a list of names and addresses of all shareholders owning shares equal to or 1n excess of 7 5% of the propornonate ownersh1p of the corporation and 1ndicate the percentage Interest of each Name(Print or Type) Address Ownership Interest 398939 NOTE: Generally, with corporations having 100 or more shareholders where no shareholder owns 7.5% of the shares, the requirements of this Section 1 would be satis?ed by the bidder/proposer enclosing, with his bid/proposal. a copy of the corporation?s latest published annual report and/or Form 10-K if the information is contained therein. Page20f8 SECTION 2. PARTNERSHIPS If the Rudder/proposer IS a mchcate the name of each partner and the percentage of Lnterest of each therem Names of Partnersl Print or Type) Percentage Interest SECTION 3. SOLE PROPRIETORSHIPS a The bidder/proposer 1s a sole propnetor and 15 not actmg 111 any representative capac1ty 1n behalf of any beneficIary YES If NO, complete Ltems and of th1s Sectlon 3 If the sole 15 held by an agent(s) or a nom1nees(s), Indicate the prmcipal(s) for whom the agent or nommee hold such mterest Name(s) of Pr1nc1pal(s) (Prmt or Type) If the mterest of a spouse or any other party 15 constructwely controlled by another person or legal entity state the name and address of such person or possessmg such control and the relat1onship under which such control 13 bemg or may be exercrsed SECTION 4. LAND TRUST S, BUSINESS TRUST. ESTATES 8; OTHER ENTITIES If the bidder/proposer IS a land trust, business trust, estate or other simllar commerclal or legal ent1ty, ident1fy any representatwe, person or ent1ty holding legal t1tle as well as each bene?c1ary 1n whose behalf title 15 held 1nc1ud1ng the name, address and percentage of mterest of each bene?c1ary Page 3 of 8 II. SECTION 5. CORPORATIONS a Incorporated in the State of Authonzed to do busmess 1n the State of YES N0 Names of all of?cers of corporation (or Attach L1st) Names of all directors of corporation (or Attach Llst) Name(Print or Type) Title(Pr1nt er Type) Name(Pr1nt or Type) Title(Print or Type) NOTE: Pursuant to Chapter 2-154, Section 2-154-030 of the Municipal Code of Chicago, the Corporation Counsel may require any such additional information from any entity to achieve full disclosure relevant to the contract. Further, pursuant to Chapter 2-154, Section 2-154-020, any material change in the information required above must be provided by supplementing this statement at any time up to the time the Purchasing Agent takes action on the contract or other action requested of the Purchasing Agent. AFFIDAVIT OF LOCAL BUSINESS means a busmess located Within the corporate 11m1ts of the City of Chicago, has the majonty of regular, full-time work force located W1th1n the City, and which is subject to City Taxes Joint Ventures: For purposes of establishing a firm?s eligibility for two percent local busmess preference (1f allowed by the specl?catxon), each partner must complete a separate af?dawt A Jomt Venture IS a "Local Busmess? only if at least ?fty percent interest 1n the venture is held by "Local Busmesses 1) Is bldder/proposer a "Local Business? as de?ned above? Yes No 2) How many persons are Currently employed by bidder/proposer?? 8 3) Does bidder/proposer have busmess locations outsuie of City of Chicago? Yes If yes, list such bidder/proposer busmess addresses 16327 South Pulask1 Markham, Illin01s 60426 (Attach Add1tional Sheets 1f Necessary) 4) How many of bidder/proposer?s current employees work at City of Chlcago locatlons?? 7 5) Is bidder/proposer subject to City of Chicago taxes (mcludmg the Head Tax)9 Yes No Page 4 of 8 CONTRACTOR CERTIFICATION A. CONTRACTOR The Contractor or any subcontractor to be used in the performance of this contract, or any af?liated entity1 of the Contractor or any such subcontractor, or any responSible official thereof, or any other official, agent or employee of the Contractor, any such subcontractor or any such af?liated entityi, acting pursuant to the direction or authorization of a responSIble official thereof has not, during a period of 3 years prior to the date of execution of this certi?cation or if a subcontractor or subcontractor?s affiliated entity1 during a period of 3 years prior to the date of award of the subcontract a Bribed or attempted to bribe, or been conVicted of bribery or attempting to bribe a public officer or employee of the C1ty of Chicago, the State of Illinms, any agency of the federal government or any state or local government in the United States (if an of?cer or employee, in that officer?s or employee?s offic1al capacity), or Agreed or colluded, or been conVicted of agreement or collusmn among bidders or prospective bidders in restraint of freedom of competition by agreement to bid a fixed price or otherwise, or Made an of guilt of such conduct described in 1(a) and above which is a matter of record but has not been prosecuted for such conduct The Contractor or any agent, partner, employee or of?cer of the Contractor is not barred from contracting With any unit of state or local government as a result of engaging in or being conv1cted of bid?rigging3 1n Violation of Section 3 of Article 33E of the Illinms Criminal Code of 1961, as amended (720 ILCS or any offense of any state or the United States which contains the same elements as the offense of b1d- rigging3 during a period of ?ve years prior to the date of submittal of this bid, proposal or response 3 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 conv1cted of b1d-rotat1ng4 in Violation of Section 4 of Article 33E of the IllinOis Criminal Code of 1961, as amended (720 ILCS or any offense of any state or the United States which contains the same elements as the offense of bid- rotating4 The Contractor understands and Will abide by all proVisions of Chapter 2-56 of the Municipal Code of Chicago entitled ?Office of Inspector General? and all prov1Sions of Chapter 2?156 of the Municipal Code of Chicago entitled "Governmental Ethics B. SUBCONTRACTOR 1 The Contractor has obtained from all subcontractors to be used in the performance of this contract, known by the Contractor at this time, certifications in form and substance equal to Section I of this Contractor?s Af?daVit Based on such certi?cation(s) and any other information known or obtained by the Contractor, the Contractor is not aware of any such subcontractor, subcontractor?s af?liated entityi, or any agent. partner, employee or officer of such subcontractor or subcontractor?s affiliated entity1 havmg engaged in or been conv1cted of any of the conduct described in Section A 1 or of this certi?cation, b1d? rigging3, bid rotating4, or any Similar offense of any state or the United States which contains the same elements as bid-rigging and bid-rotating, or haying made an admisswn of guilt of the conduct described in Section A 1 or which is a matter of record but has/have not been prosecuted for such conduct Page 5 of 8 2 The Contractor W111, prlor to usmg them as subcontractors, obtain from all subcontractor: to be used In the performance of this contract, but not yet known by the Contractor at ?119 time certifications 1n Form and substance equal to this certification The Contractor shall not, Without the pr1or written permissmn of the City, use any of such subcontractors 1n the performance of th1s contract 1f the Contractor, based on such certifications or any other information known or obtained by Contractor, becomes aware of such subcontractor, subcontractor?s af?liated entity1 or any agent, employee or of?cer of such subcontractor or subcontractor?s af?hated entityl havmg engaged 1n or been conv1cted of any of the conduct described In Section A 1 or of this certification or of bid r1gg1ng3, rotat1ng4 or any s1milar offense of any state or the United States contains the same elements as bid-rigging or bid-rotating or havmg made an admissmn of of the conduct described in Section A 1 or winch 15 a matter of record but has/have not been prosecuted for such conduct 3 The Contractor will maintain on file for the duration of the contract all certifications required by Section (1) and (2) above, for all subcontractors to be used in the performance of this contract and Will make such certificatlons ava1lable to the City of Chicago upon request 4 The Contractor w1ll not, Without the prior written consent of the City, use as subcontractors any individual, firm, corporation, mint venture or other entity from whom the Contractor is unable to obtain a certi?cation in form and substance equal to certi?cation 5 Contractor hereby agrees, If the City so demands, to terminate Its subcontract with any subcontractor, if such Contractor or subcontractor was ineligible at the time that the subcontract was entered into for award of such subcontract under Ch. 2?92, Section 2-92-320 of the Chicago Municipal Code, or 1fapp11cable, under Section 33-E of 33 of the State of Ill1n01s Criminal Code of 1961, as amended Contractor shall insert adequate prov1sions all subcontracts to allow it to termlnate such subcontracts as required by this certl?cation C. STATE TAX DELINQUENCIES In completing this Section C, authorized signatory must initial on the line next to the appropriate subsection. 1 WContractor is not delinquent in the payment of any tax admimstered by the Illinms Department of Rev nue or, if delinquent, Contractor is contesting, in accordance With the procedures established by the appropriate Revenue Act, its liability for the tax or amount of the tax 2 has entered into an agreement With the Department of Revenue for the paymentof all such taxes that are due and is compliance With such agreement 3 Contractor 1s delinquent 1n the payment of any tax administered by the Department of Revenue andis not covered under any of the situations described in subsections 1 and 2 of this Section C, above 5 D. CERTIFICATION REGARDING SUSPENSION AND DISBARMENT 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 1ne11g1ble, or voluntanly excluded from covered transactions by any Federal. state or local department or agency, Have not Within a three-year period preceding proposal been of or had a c1v11 judgment rendered against them for the commissmn 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 transactlon, a Vlolation of Federal or State antitrust statutes, or commissmn of embezzlement, theft, forgery, bribery, fals?ication or destruction of records, making false statements, or recezvmg stolen property Page 6 of 8 Are not presently indicted for or otherw1se criminally or c1v1lly charged by a governmental ent1ty (Federal, State or Local) With comm1ss1on of any of the offense enumerated 1n paragraph above, and Have not Within a three?year per1od preceding this Agreement had one or more pubhc (Federal, State or Local) termmated for cause or default 2 If the Contractor 1s unable to certify to any of the statements in th1s Certi?cation, Contractor shall attach an explanatmn to this Certl?catmn 3 If any subcontractors are to be used 1n the performance of this Agreement, Contractor shall cause such subcontractors to cert1fy as to paragraph of bins Certification In the event than any subcontractor 1s unable to certify to any of the statements 1n this Certification, such subcontractor shall attach an explanation to th1s Cert1?catlon E. ANTI-COLLUSION The Contractor, 1ts agent, officers or employees have not directly or 1nd1rectly entered into any agreement, participated 1n any collusmn, or otherwise taken any action 111 restraint of free competitive bidding 1n connectlon th1s proposal Fa1lure to subm1t th1s statement as part of the bid proposal W111 make the nonresponswe and not eliglble for award conSIderation F. PUNISHMENT A Contractor who makes a false statement, material to Sectmn of this cert1ficatlon comm1ts a class 3 felony 720 ILCS - 11(b) Makmg a false statement concermng Sectmn of th1s certification 1s a Class A m1sdemeanor, vords the contract and allows the mun1c1pal1ty to recover all amounts pald to the contract under the contract a civil actlon 65 ILCS 5/1 1 - 42 1-1 Notes 1-5 For Section Contractor Certi?cation 1 In accordance w1th Chapter 2?92, Sectlon 2?92-320 of the Mun1c1pal Code of Chicago, the Contractor or a subcontractor shall be chargeable With the conduct of an affiliated ent1ty Busmess entitles are af?liated 1f, directly or Indirectly, one controls or has the power to control the other, or If a person control or has the power to control both :nt1t1es Ind1c1a of control Include w1thout l1m1tat1on 1nterlock1ng management or ownersh1p 1dent1ty of 1nterests among family members, shared facilitzes and equipment, common use of employees, or organizatmn of a business ent1ty followmg the 1nel1g1b111ty of a busmess ent1ty under Chapter 2492, Section 2-92-320 of the Ch1cago MumCIPal Code usmg substantially the same management, ownersh1p or pr1nc1pals as the 1nelig1ble ent1ty 2 No corporation shall be barred from contractmg w1th any umt of State or local government as a result of a conv1ct1on, under either Sect1on 33E-3 or Sectlon 33E-4 of 33 of the State of Ill1n01s Cr1m1nal Code of 1961, as amended, of any employee or agent of such corporation 1f the employee so 1s no longer employed by the corporation and (1) 1t has been ?nally adjudlcated not guilty or (2) if 1t demonstrates to the governmental ent1ty w1th which 1t seeks to contract and that ent1ty finds that the comm1ss10n of the offense was neither authormed, requested, commanded, nor performed by a director, of?cer or a high managerial agent 1n behalf of the corporation as prov1ded 1n paragraph (2) of subsection of Section 5-4 of the State of Illinois Criminal Code 3 For purposes of Sectron of th1s certl?catlon, a person comm1ts the offense of and engages 1n bid-rigging when he agrees w1th any person who IS, or but for such agreement should be, a compet1tor of such person concermng any bid or not by such person or another to a un1t of State or local government when the 1ntent that the or not W111 result in the award of a contract to such person or another and he elther (1) prov1des such person or rece1ves from another Informatlon concerning the pr1ce or other material term or terms of the bid would otherw1se not be disclosed to a competltor 1n an independent noncolluswe subm1s31on of bids or (2) submits a that 1s of such a price or other materlal term or terms that he does not Intend the to be accepted 720 ILCS Page 7 of8 4 For purposes of Sectlon of th1s certi?cation, a person commits the offense of and engages in rotating when, pursuant to any colluswe scheme or agreement With another he engages a pattern over time (which for the purposes hereof, shall include at least 3 contract W1th1n a per1od of ten years, the most recent of ?1111611 occurs after January 1, 1989) of submitting sealed bids to units of State or local government w1th the intent that the award of such bids rotates, or 13 distributed among, persons or busmess ent1t1es which submit bids on a substantIal number of the same contract 720 ILCS 5133E-4 5 65 ILCS 5/11 42 1-1 prov1des that a mummpahty may not enter into a contract or agreement w1th an individual or other ent1ty that is delinquent in the payment of any tax administered by the Ill1n01s Department of Revenue unless the contracting party 15 contesting, in accordance w1th the procedures established by the appropriate Revenue Act its for the tax or the amount of the tax or unless the party has entered 1nto an agreement compliance w1th the Agreement otw1thstanding the above, the mun1c1pality may enter into the contract If the contracting authority for the mun1c1pal1ty determines that (1) the contract IS for good or serv1ces Vital to the public health, safety, or welfare, and (2) the municipahty IS unable to acquire the goods or servxces at a comparable price and of comparable quality from other sources IV. INCORPORATION INTO CONTRACT AND COMPLIANCE The above certl?cattons shall become part of any contract awarded to the Contractor set forth on page 1 of this Contractor?s A?'idavrt Further, Contractor shall comply w1th these certi?catmns during the term of the Contract V. VERIFICATION Under penalty of perjury, I that I am authonzed to execute this Contractor?s Af?dav1t on behalf of the Contractor set forth on page 1, that I have personal knowledge of all the certi?catlons made herein and that the same are true (?it ?Egg? Signature of Of?cer Martln J. McNalLy Name of Autho rized Of?cer (Print or Type) Freeldent Title 708-333?7300 Telephone Number State of I 111n01s County of Signed and sworn to before me this day of 19% by Mari-1n Mpmany (Name) as Pre51dent (Title) of Environmental Auto Re ugv- (Co . ractor) ?taxman wanton! RBV I. U95 Page 8 of 8 PROPOSAL (Cont?d) TO BE EXECUTED BY A CORPORATION havmgrecexvedSpeoi?ca?on No. oontamingafuil set of Contract Documents, including, but not litmted to, 1) Instructions to Bidders (Proposers), 2) General 3) Spoolal 4) Contract Plans or Drawmgs (if applicable) 5) Detailed Specr?catlons or Scope of Servrces, Evaluation/Selectlon Criteria and Submittal Requlrements (If 6) Proposal Pages, 7) Cert1?cat1ons and 8) Addenda Nos. (none unless indicated here) conditions contained 111 the Contract Documents, regardless of whether a complete set thereof is attached to this proposal, except only to the extent that the corporatlon has taken express written exception thereto the of this specification des1gnated for that purpose Further, the under51gned being duly sworn deposes and says on oath that no disclosures of Interests have been Withheld and the mformatlon prov1ded therem to the best of its knowledge 15 current and the undermgned has not entered into any agreement w1th any other bidder (proposer) or prospective bidder (proposer) or w1th any other person, firm or corporatlon relating to the pr1ce named 1n this proposal or any other proposal, nor any agreement or arrangement under which any act or omissmn in restraining of free compet1tion among bldders (proposers) and has not to any person, firm or corporation the terms of this b1d (proposal) or the price named herein NAME OFCORPORATION: Env1ronmental Auto Removal, Inc. (Pr-mt or Type) SIGNATURE OF PRESIDENT. Wow (Digit (OR AUTHORIZED OFFICER) TITLE OF SIGNATORY: Pres ident (Pnntor Type) BUSINESS ADDRESS: 1 6 3 2 5 South Crawford Markham I 1 1111015 6 0 4 2 6 {Print or Type) *Note: In the event that this bid (proposal) is signed by other than the President, attach hereto a certi?ed copy of that section of Corporate By-Laws or other authorization. such as a resolution by the Board of Directors, which permits the person to sign the offer for the Corporation. n??k 1/ QMM (Affix Corporate Seal) x? Corporate Secretary Signature ATTE ST: . State of County of Cook This instrument was acknowledged before me on this 8+ day of 19 by Martin . McNa 1 137 as President (or other authorized 0 car) and Edward V. Corcoran asSecretaryof Env1ronmental Auto Removal, Inc. (Corporation Name) Oomph? ?19le Notary Public Signature . oeursca . . Expires: Aprl Corporate Execution Page Revised 2l92 PROPOSAL (Cont?d) TO BE EXECUTED BY A PARTNERSHIP The undersigned, hereby acknowledges havmgreceived Speci?cation No. 0011511171115; afull set of Contract Documents, including, but not limited to, 1) Instructions to Bidders (Proposers), 2) General Conditions, 3) Spec1al Conditlons, 4) Contract Plans or Drawmgs (if applicable) 5) Detailed Spec1?cat1ons or Scope of Serv1ces, Evaluatlon/Selection Crltena and Requirements (If 6) Proposal Pages, 7) Certifications and 8) Addenda Nos. (none unless indicated here) contained 1n the Contract Documents, regardless of whether a complete set thereof is attached to proposal, except only to the extent that the partnership has taken express written exceptlon thereto in the sections of this spec1?cation designated for that purpose Further, the undermgned bemg duly sworn deposes and says on oath that; no of ownership 1nterests have been w1thheld and the information prov1ded therein to the best of its knowledge 1s current and the undermgned has not entered mto any agreement any other bidder (proposer) or prospectwe bidder (proposer) or w1th any other person, firm or corporation relating to the prlce named in this proposal or any other proposal, nor any agreement or arrangement under which any act or onussmn 1n restrammg of free competition among bidders (proposers) and has not to any person, ?rm or corporatlon the terms 0f (proposal) or the price named herein BUSINESS NAME: {Pr-mt or Type} BUSINESS ADDRESS: (Print or Type) If you are operatlng under an assumed name, prov1de County number heremunder as prov1ded 1n the Illinms Rev1sed Statutes 1965 Chapter 96 Sec 4 et seq Number SIGNATURES AND ADDRESSES OF ALL MEMBERS OF THE PARTNERSHIP (If all General Partners do not Slgn, 1nd1cate authority of partner s1gnator1es by attaching copy of partnership agreement or other authorizing document) Partner Signatures: Addresses: State of County of Subscribed and sworn to before me by each of the foregoing individuals this day of 19 (Seal) Notary Public Signature Commission Expires: n- 1-- unJ?ln? R0 POSAL (Cont?d) TO BE EXECUTED BY A SOLE PROPRIETOR The undermgned, herebyacknowledges havmgreoeived Speci?cation No. oontammgafull set of Contract Documents, including, but not limited to, 1) Instructions to Bidders (Proposers), 2) General Conditlons, 3) Spemal Condittons, 4) Contract Plans or Drawmgs (if applicable) 5) Detailed Speci?cations or Scope of Servrces, Evaluatlon/Selectlon Criterra and Submittal Requirements (If 6) Proposal Pages, 7) Certi?catlons and 8) Addenda Nos. (none unless indicated here) conditlons contalned 1n the Contract Documents, regardless of whether a complete set thereof 15 attached to this proposal, except only to the extent that the sole proprietor has taken express exception thereto 1n the sections of this spec1?cation dealgnated for that purpose Further, the undermgned being duly sworn deposes and says on oath that no disclosures of ownership interests have been Withheld and the information provrded therem to the best of its knowledge 13 current and the unders1gned has not entered into any agreement With any other bldder (preposer) or prOSpectlve bidder (proposer) or with any other person, ?rm or corporatlon relating to the price named proposal or any other proposal, nor any agreement or arrangement under which any act or omissmn 1n restraining of Free competitlon among bidders (proposers) and has not disclosed to any person, ?rm or corporation the terms of this (proposal) or the price named herein SIGNATURE OF PROPRIETOR: agna tu re) DOING BUSINESS AS: (Pr-mt or Type) BUSINESS ADDRESS: (Prmt or Type) If you are operating under an assumed name, prov1de County number hereinunder as prov1ded 1n the Revrsed Statutes 1965 Chapter 96 Sec 4 et seq Registration Number State of County of This instrument was acknowledged before me on this day of 19 b1 (name/s of person/s) Notary Public Signature (Seal) Commission Expires: Cal" Dunn? Worn-?unhar- Dan-n ?anneal-l 9ft?) Exhibit Requirements SPECIAL CONDITION REGARDING MINORITY BUSINESS ENTERPRISE COMMITMENT AND WOMEN BUSINESS ENTERPRISE COMMITMENT Policy and Terms A. It is the policy of the City of Chicago that Local Busmesses certified as Minority Busmess Enterprises (MBE) and Women Busmess Enterprises (WEB) in accordance with Section 2?92- 420 et seg of the Municipal Code of Chicago and Regulations Governing Certification of Minority and Women-owned Businesses, and all other Regulations promulgated under the aforementioned sections of the Municipal Code shall have the maximum opportunity to partimpate fully in the performance of this agreement Therefore, the contractor shall not discriminate against any person or busmess on the heels of race, color, national origin or sex, and shall take af?rmative action to ensure that women and minority businesses shall have the maxunum opportunity to compete for and perform subcontracts for supplies or serVices The Purchasing Agent has established a goal of awarding not less than 25% of the annual dollar value of all contracts to certi?ed MBEs and 5% of the annual dollar value of all contracts to certi?ed WBEs. B. Accordingly, the contractor commits to expend at least the followmg percentages of the total contract price (incluswe of any and all modifications and amendments), if awarded, for contract participation by MBEs and WBEs Year Advertised MBE Percentage WBE Percentage 1991 21 1% 5% 1992 19 5% 4 9% 1993 17 7% 4 8% after 1993 16 9% 4 5% C. This comm1tment is met by the contractor?s status as a MBE or WBE, or by a jomt venture With one Or more MBEs or WBEs as prime contractor (to the extent of the MBE or WBE participation in such joint venture), or by subcontracting a portion of the work to one or more MBEs or WBEs, or by the purchase of materials used in the performance of the contract from one or more MBEs or WBEs, or by the indirect participation of MBEs or WBEs in other aspects of the contractor?s business (but no dollar of such indirect MBE or WBE participation shall be credited more than once against a contractor's MBE or WBE commitment With respect to all contracts of such contractor), or by any combinatlon of the foregomg Note: participation goals are separate and those businesses certi?ed with the City of Chicago as both a shall not be credited more than once against a contractor?s MBE or WBE commitment in the performance of the contract. As noted above, the contractor may meet all or part of this commitment by contracting With MBEs or WBEs for the prov1510n of goods or serv1ces not directly related to the performance of this contract However, 1n determining the manner of partiCipation, the contractor shall first con31der involvement of as JOlnt venture partners, subcontractors, and suppliers of' goods and serv1ces directly related to the performance of this contract In appropriate cases, the Purchasmg Agent Will require the contractor to demonstrate the spec?'ic efforts undertaken by it to involve MBEs and WBEs directly in the performance of this contract Purchasing: Special Condition (Rev. 9/94) Page 1 of 10 E. The contractor also may meet all or part of this commitment through credits received pursuant to Section 2-92-530 of the Municipal Code of Chicago for the voluntary use of MBEs or WBEs in private sectOr II. De?nitions A. "Minority Business Enterprise"I or means a ?rm awarded certi?cation as a minority owned and controlled business in accordance With City Ordinances and Regulations B. "Women Business Enterprise? or means a ?rm awarded certi?cation as a women owned and controlled busmess in accordance With City Ordinances and Regulations C. "Directory" means the Directory of Certified "Disadvantaged Business Enterprises,? ?Minority Busmess Enterprises? and "Women Busmess Enterprises? maintained and published by the Contract Compliance Administrator The Directory identifies ?rms that have been certified as MBEs and WBEs, and includes both the date of their last certification and the area of specialty in which they have been certi?ed Contractors are responmble for verifying the current certification status of all proposed MBE and WBE firms D. "Area of Specialty? means the description of a MBE or WBE firm?s busmess which has been determined by the Purchasmg Agent to be most reflective of the MBE or WBE ?rm?s claimed speCialty or expertise Each BE letter of certi?cation contains a description of its Area of Specialty This information is also contained in the Directory Credit toward this contract?s MBE and WBE participation goals shall be limited to the participation of firms performing Within their Area of Specialty NOTICE: The City does not make any representation concerning the ability of any to perform work Within their Area of Specialty It is the responSibility of all Contractors to determine the capability and capac1ty of to satisfactorily perform the work proposed E. "Joint Venture? means an assoc1ation of two or more busmesses to carry out a Single busmess enterprise for pro?t, and for which purpose they combine their expertise, property, capital, efforts, skill and knowledge Contractors may develop jOlnt venture agreements as an instrument to prov1de participation by MBEs and WBEs in contract work A Joint venture seeking to be credited for MBEIW BE participation may be formed among certified BE ?rms or between certi?ed BE firm and BE ?rm(s) A jOint venture is eligible for credit if the partnerls) share in the ownership, control, management reSpon51bilities, risks and profits of the mint venture, and are reaponSible for a clearly de?ned portion of work to be performed, in proportion With the BE ownership percentage F. "Contract Compliance Administrator" means the of?cer appomted pursuant to Section 12?92-490 of the Munic1pal Code of Chicago Ill. CountingMBE/WBE Participation Toward the Contract Goals A. The inclus1on of any MBE or WBE in the contractor?s Utilization Plan shall not concluSively establish the contractor?s right to full credit for that firm?s partiCipation in the contract Purchasing: Special Condition Rev. 9f94l Page 2 of 10 B. The Purchasmg Agent reserves the right to deny or limit MBEIWBE credit to the contractor where any MBE or WBE is found to be engaged in substantial subcontracting or pass-through actiVities With others In this regard, a contractor may count toward its MBE and WBE goals only expenditures to ?rms that perform a commerCially useful function A ?rm is considered to perform a commercially useful function when it is responSible for the performance of a clearly de?ned and distinct element of work and is carrying out its respons1bilities by actually performing, managing, and superVismg the work involved To determine whether a ?rm is performing a commerCially useful function, the Purchasmg Agent shall evaluate the amount of work subcontracted, industry practices, and other relevant factors The amount of BE participation credit shall be based upon an analysm by the Purchasing Agent of the speci?c duties that Will be performed by the MBE or WBE Each shall be expected to actually perform a substantial (i more than percent portion of the work contemplated for it by any subcontract or agreement through the use of its own employees and equipment Requested information may include, Without limitation (1) specific information concerning brokers? fees and/or (2) intended sub-suppliers or other sources of goods and/or serVices, and (3) speci?c ?nancial or other risks to be assumed by the BE C. The partiCipation of MBEs and WBEs who have been certi?ed as "brokers? shall no longer be considered eligible to participate on contracts awarded by the City in 1993 and thereafter until further notice for any conSideration of MBE or WBE credit D. Credit for the participation of as jOlnt venture partners shall be based upon an analySis of the duties, responsibilities and risks undertaken by the as specified by the jOl?t venture?s executed jOlnt venture agreement The Purchasmg Agent reserves the right to deny or limit BE credit to the contractor where any jOlnt venture partner is found to have duties, responSibilities, risks or loss and management control over the Jomt venture that is not commensurate With or in proportion to its jOlnt venture ownership IV. Regulations GoverningReductions To or Waiver of MBEIWBE Goals The followmg Regulations set forth the standards to be used in determining whether or not a reduction or waiver of the MBEIW BE commitment goals of a particular contract is appropriate If a bidder or proposer determines that it is unable to meet the MBE and/or WBE percentage on a City of Chicago contract, a written request for the reduction or waiver of the commitment must be included in the bid or proposal The written request for reduction or waiver from the commitment must be in the form of a Signed petition for grant of relief from the BE percentages submitted on the bidder/proposer?s letterhead, and must demonstrate that all required efforts as set forth in this document were taken to secure eligible Minority and Women Busmess Enterprises to meet the commitments The Purchasmg Agent or deSignee shall determine whether the request for the reduction or waiver W111 be granted Bidders/proposers will be considered responsive to the terms and conditions of these Regulations if a waiver request and proof of noti?cation to an assist agency is submitted at the time of bid/proposal opening. Once the bids have been opened, the lowest responsive and bidder so deemed by the Purchasmg Agent or authorized demgnee have no more than fourteen (14) calendar days to submit to the Department of Purchases complete documentation that adequately addresses the conditions for waiver described herein Proposers responding to Request for Proposals (RFPs) who have been identi?ed as a short listed candidate and/or a prospective awardee will be given a designated time Purchasmg: Special Condition (Rev. 9/94) Page 3 of 10 allowance, but no more than fourteen (14) calendar days to submit to the Department of Purchases complete documentation that adequately addresses the conditions for waiver described herein. Respondents to Request for Information and or Quali?cations (RFIIRFQs) deemed by the Purchasing Agent or authorized designee to be the most responsive and responsible shall submit documentation that adequately addresses the conditions for waiver described herein during negotiations. Failure to submit documentation sufficient to support the wa1ver request W111 cause the b1d/proposal to be found non?responsive by the Purchasmg Agent, and the b1d/proposal W111 be rejected In such cases the remedies to be taken by the Purchasing Agent, 1n his discretion, may Include, but are not limited to, forfeiture of b1d depomt, negotiating With the next lowest bidder/proposer, or readvertising the b1d/proposal All are encouraged to subm1t all required documents at the t1me of bid opening to expedite the contract award A. Direct/Indirect Participation Each of the following elements must be present in order to determme whether or not such a reduction or waiver IS appropriate 1 The b1dder/proposer has documented the unsuccessful solicitation for e1ther subcontractors or Jomt venture partners of at least 50% (or at least ?ve when there are more than eleven certified ?rms 1n the commodity area) of the appropriate certlfied BE firms to perform any d1rect or 1nd1rect work identified or related to the advertised b1d/proposal Direct part1c1pation 1nvolves subcontracting a portIon of the goods/serv1ces specdically requlred 1n the b1d/proposal Indirect part1c1pation is the subcontracting of goods/servmes not spec1?cally related to the performance of this contract Documentation must include but IS not necessarlly limited to a A detailed statement of efforts to 1dent1fy and select portions of work 1dent1?ed in the bid solic1tation for subcontracting to cert1?ed BE firms, A listing of all BE ?rms contacted that includes 1) Names, address and telephone numbers of MBEIW BE firms solic1ted, 1i) Date and time of contact, Method of contact (wr1tten, telephone, transmittal of facs1m11e documents, etc) Copies of letters or any other ev1dence of malling that substantiates outreach to BE vendors that Includes 1) Pro; ect identi?cation and location, 11) Class?catlon/commodity of work items for wh1ch quotations were sought, nil Date, item and location for acceptance of subcontractor b1d proposals, 1v) Detailed statement which summarizes direct negotlations with appropriate ?rms for spec1fic portions of the work and indicates why negotiations were unsuccessful, v) Affirmation that good faith efforts have been demonstrated by choosmg subcontracting opportunities l1kely to ach1eve MBEIWBE goals by not 1mpos1ng any 11m1t1ng cond1t10ns were not mandatory for all subcontractors, or denying the benefits ordinarily conferred on BE subcontractors for the type of work that was solimted OR Purchasing: Special Condition (Rev. 9/94) Page 4 of 10 2 Subcontractor partic1pation W111 be deemed excessrvely costly when the subcontractor proposal exceeds the average pr1ce quoted by more than twenty percent In order to establish that a subcontracts? quote IS excesswely costly, the b1dder/proposer must prov1de the followmg information a A detailed statement of the work identi?ed for BE participatlon for which the bidder/proposer asserts the quote(s) were excesswely costly (in excess of 20% h1gher) i) A listing of all potent1al subcontractors contacted for a quotation on that work item, i1) Prices quoted for the subcontract 1n question by all such potential subcontractors for that work item Other documentatmn which demonstrates to the sat1sfaction of the Purchasmg Agent that the MBEIWBE proposals are excesswely costly, even though not in excess of 20% hlgher than the average prlce quoted determination w1ll be based on factors that include, but are not 11m1ted to the followmg i) The City?s est1mate for the work under a spec1?c subcontract, 11) The bidder/proposer?s own est1mate for the work under the subcontract, 111) An average of the bona fide prices quoted for the subcontract, 1v) Demonstrated morease in other contract costs as a result of subcontracting to the MM BE or other firm B. Assist Agency Participation Every wa1ver andlor reductmn request must include ev1dence that the b1dder/proposer has prov1ded tnnely notlce of the need for subcontractors to an appropriate associatlon/ass1st agency representative of the BE busmess commumty The notice requ1rement of 131115 Sectlon w111 be satisfied If a bldder/proposer contacts at least one of the assoclations on Attachment A to these Regulations when the prlme contractor seeks a wawer or reduct1on 1n the ut1l1zat1on goals Attachment to these Regulations prov1des the letter format that a prlme contractor may use Proof of notification prior to bid subm1ttal (e certified mail receipt or facs1m11e transmittal recelpt) be required for any b1d/proposal submitted to be deemed responsxve on the date of bid opening If deemed appropriate, the Purchasmg Agent or Contract Compliance Officer may contact the assist agency for verificatlon of noti?cation C. I mpractica bility 1 If the Purchasing Agent determines that a lesser MBE and/or WBE percentage standard 15 appropmate respect to a particular contract subject to competitive biddmg to the b1d solicitatlons for such contract, b1d spemfications shall Include a Statement of such rev1sed standard 2 The requlrements set forth 1n these Regulations shall not apply where the Purchasmg Agent determines prior to the bid solic1tat1ons that MBEIWBE subcontractor 1s impracticable Purchasing: Special Condition (Rev. 994) Page 5 of 10 This may occur whenever the Purchasmg Agent determines that for reasons of time, need, industry practices or standards not preViously known by the Purchasmg Department administrator, or such other extreme circumstances as may be deemed appropriate, such a Waiver is in the best interests of the City This determination may be made in connection w1th a particular contract, whether before the contract is let for bid, during the bid or award process, before or during negotiation of the contract, or during the performance of the contract For all notifications required to be made by in Situations where the Purchasmg Agent has determined that time is of the essence, documented telephone contact may be substituted for letter contact V. Procedure to Determine Bid Compliance The following Schedules and described documents constitute the bidder?s BE proposal, and must be submitted in accordance With the guidelines stated A. Schedule C-l: Letter of Intent from to Perform as Subcontractor, Supplier and/or Consultant. A Schedule C-l executed by the (or Schedule B/Jomt Venture Subcontractor) must be submitted by the bidder/proposer for each BE included on their Schedule D-1 and must accurately detail the work to be performed by the MBENV BE and the agreed rates and prices to be paid If any fully completed and executed Schedule is not submitted With the bid/proposal, it must be received by the Contract Administrator Within ten (10) days of the bid/proposal opening (All post bidfproposal must be in triplicate w1th original Signatures on all documents) Failure to submit a completed Schedule 0-1 in accordance w1th this section shall entitle the City to deem the bid/proposal non-responswe and therefore reJect the bid/preposal B. Letters of Certi?cation. A copy of each proposed BE firm?s current Letter of Certi?cation from the City of Chicago must be submitted w1th the bid/proposal All Letters of Certification issued by the City of Chicago include a statement of the BE firm?s Area of Spec1alty The BE ?rm?s scope of work, as detailed by their Schedule C-l, must conform to their stated Area of Specialty C. Joint Venture Agreements. If the bidder?s/proposer?s proposal includes the partic1pation of a as jOiIlt venture on any tier (either as the bidder/proposer or as a subcontractor), the bidderlproposer must provuie a copy of the jtn?t venture agreement and a Schedule In order to demonstrate the MBEIWBE partner?s share in the ownership, control, management reaponsmilities, risks and pro?ts of the J01nt venture, the proposed jomt venture agreement must include spec1fic details related to (1) contributions of capital and equipment, (2) work responSibilities or other performance to be undertaken by the BE, and (3) the commitment of management, superVisory and operative personnel employed by the BE to be dedicated to the performance of the contract The j01nt venture agreement must also clearly de?ne each partner?s authority to contractually obligate the jOlnt venture and each partner's authority to expend Joint venture funds (e check Signing authority) Purchasing: Special Condition (Rev. 9/94) Page 6 of 10 D. Required Schedules Regarding Utilization. Bidders must submit, together with the bid, a completed committing them to the utilization of each listed MBEIW BE firm Except in cases where the bidder/proposer has submitted a request for a complete waiver of or variance from the commitment in accordance w1th Section IV herein, the bidder-{proposer must commit to the expenditure of a specific dollar amount of part1c1pation by each BE ?rm included on their Schedule D?l The total dollar commitment to proposed MBEs must at least equal the MBE goal, and the total dollar commitment to proposed WBEs must at least equal the WBE goal Bidders are responSible for calculating the dollar equivalent of the MBE and WBE goals as percentages of their total base bids or in the case of Term Agreements, as percentages of the total estimated usage All commitments made by the bidder?s Schedule D-l must conform to those presented in the submitted Schedule (3-1 If Schedule C-l is submitted after the opening (See Section A above), the bidder/proposer may submit a reVised Schedule (executed and notarized in triplicate to conform w1th the Schedules C~1l Except in cases where substantial and documented justification is prov1ded, bidders/proposers Will not be allowed to reduce the dollar commitment made to any MBE or WBE in order to achieve conformity between the Schedules and 13-1 All commitments for 301nt venture agreements must be delineated in the Schedule VI. Reporting Requirements DuringThe Term of The Contract A. The Contractor shall, not later than thirty (30) days from the award of a contract by the City, execute formal contracts or purchase orders w1th the MBEs and WBEs included in their approved BE Utilization Plan These written agreements shall be made available to the Purchasmg Agent upon request B. In the case of one time procurements of supplies With either Single or multiple deliveries to be performed in less than one year from the date of contract award, a Utilization Report,? indicating final MBE and WBE payments shall be submitted directly to the Department of Purchases, Contracts and Supplies so as to assure receipt either at the same time, or before the usmg Department receives contractor?s final invoice (NOTICE: Do not submit invoices with Utilization Reports?) Final payments may be held until the Utilization Reports have been received. C. During the term of all other contracts, the contractor shall submit regular BE Utilization Reports,? a copy of which IS attached The frequency w1th which these reports are to be submitted will be determined by the Purchasmg Agent, but in no case Will reports he required less often than on a quarterly baSis In the absence of written notice from the Purchasing Agent, the contractor?s first Utilizatmn Report? Will be due ninety {90! days after the date of contract award, and reports Will be due quarterly thereafter D. BE Utilization Reports? are to be submitted directly to Department of Purchases, Contracts and Supplies, DiViSion of Contract Monitoring and Compliance, City Hall, Room 400, 121 LaSalle Street, Chicago, Illin01s 60602 Purchasing: Special Condition (Rev. 9/94) Page 7 of 10 E. The Contract Compliance Administrator shall be entitled to examine, on ?ve (5) busmess days notice, the contractor?s books and records including Without limitation payroll records, tax returns and records, and books of account, to determine whether the contractor is in compliance With its commitment to partic1pation and the status of any MBE or WBE performing any portion of the contract Such rights are in addition to any other audit inSpection rights contained in the contract VII. Substitutions Changes by the contractor of the commitments earlier certi?ed in the Schedule D-l are prohibited In some cases, however, it may become necessary to substitute a new MBE or WBE in order to actually fulfill the BE requirements The contractor must notify the Purchasmg Agent immediately in writing of the necesmty to reduce or termlnate a BE subcontract and to utilize a substitute firm for some phase of work The contractor?s noti?cation should include the name, address and principal o?'ic1al of the substitute BE and the dollar value and scope of work of the subcontract Attached should be all the requiSite af?dav1ts and documents, as enumerated above in Section V, "Procedure to Determine Bid Compliance The City Will not approve extra payment for escalated costs incurred by the contractor when a substitution of subcontractors becomes necessary for the contractor in order to comply With MB contract requirements After award of contract, no relief of the BE requirements Will be granted by the City except in exceptional Circumstances Requests for complete or partial waiver of the BE requirements of this contract must be made in writing, stating all details of the request, the Circumstances, and any additional relevant information The request must be accompanied by a record of all efforts taken by the contractor to locate spec1fic ?rms, solic1t BE bids, seek aSSistance from technical assmtance agenc1es, etc as outlined above in the section entitled "Regulations Governing Reductions To or Waiver of BE Goals? Non-Compliance and Damag? The followmg constitutes a material breach of this contract and shall entitle the City to declare a default, terminate the contract and exercise those remedies prov1ded for in the contract, at law or in equity (1) failure to satisfy the BE percentages required by the contract, and (2) the contractor or subcontractor is disqualified as a MBE or WBE, such status was a factor in contract award, and was misrepresented by the contractor In the event that the contractor is determined not to have been involved in any misrepresentation of the status of the disquali?ed subcontractor or supplier, the contractor shall seek to discharge the disqualified subcontractor or supplier, upon proper noti?cation to the Purchasmg Agent and/or Contract Compliance Administrator and make every e?'ort to identify and engage a quali?ed MBE or WBE as its replacement Furthermore, continued eligibility to enter into future contracting arrangements With the City may be Jeopardized as a result of non-compliance Payments due to the contractor may be Withheld until corrective action is taken Purchasing: Special Condition (Rev. 9/94) Page 8 of 10 IX. Purchasing: MBEIWBE Special Condition (Rev. 9/94) Arbitration A. In the event a contractor has not complied w1th the contractual BE percentages 1n its Schedule D, underut1lization of shall entitle the affected BE to recover from the contractor damages su?'ered by such entity as a result of belng underutilized, prov1ded, however, that this provismn shall not apply to the extent such underutilizatlon occurs pursuant to a waiver or substItutlon approved by the Clty The Ordinance and contracts subject thereto prov1de that any disputes between the contractor and such affected regardmg damages shall be resolved by binding arbitratmn before an 1ndependent arbitrator other than the City, w1th reasonable expenses, 1nclud1ng attorney?s fees, being recoverable by a preva1hng 1n accordance Wltl?l these regulatmns Th1s prov1s1on 1s mtended for the bene?t of any MBEIW BE affected by underutihzation and grants such entity spec1fic party benefic1ary rights Any rights conferred by regulatlon are non-walvable and take precedence over any agreement to the contrary, 1ncluding but not l1mited to those contained in a subcontract, suborder, or commumcated orally between a contractor and a BE B. A BE des1r1ng to arbitrate shall contact the contractor 1n writing to mltiate the arbitratwe process. Except as otherw1se agreed to 1n writing by the affected part1es subject to the limitatlon contained in the last sentence of the prevmus paragraph, w1th1n ten (10) days of the contractor recewmg notlfication of the mtent to arb1trate from the BE the above-described dlsputes shall be 1n accordance with the Commerc1al Arbitration Rules of the American Arb1tratlon Assoczation a not-for?profit agency, w1th an office at 225 North Michigan Avenue, Sulte 2527, Chicago, 60601- 7601 [Phone (312) 616?6560, Fax (312) 819-0404] All such shall be mitlated by the fihng a demand for arb1tration with the shall be conducted by the and held 1n Ch1cago, C. All fees of the arbitrator are the 1n1t1al responsibility of the BE, prov1ded, however, that the arbitrator IS authonzed to award reasonable expenses, including attorney?s and arbitrator fees, as damages to a prevailing BE D. The BE must send the C1ty a copy of the "Demand for Arb1trat1on? ten (10) days after 1t 1s filed With the The MBEIWBE also must send the City a copy of the decismn of the arbitrator w1th1n ten (10) days of receivmg such declsion Judgment upon the award rendered by the arbitrator may be entered 1n any court of competent Jurlsdiction Record Keeping The Contractor shall mamtam records of all relevant data with respect to the utilizatmn of retaining these records for a period of at least three years after ?nal acceptance of the work Full access to these records shall be granted to the Clty of Chlcago, Federal or State authorltles in this prolect, the Department of Justlce, or any duly authorlzed representatives thereof Page 9 of 10 XI. Information Sources Small busmess guaranteed loans, surety bond guarantees, 8 certification U.S. Small Business Administration S.B.A. - Bond Guarantee Program 500 Madison Street, Suite 1250 Surety Bonds Chicago, IllinOis 60601 300 South Riversuzle Plaza Attention Robert Conner Room 1975-8 (312) 353-4528 Chicago, Illinms 60601-6611 Attention Tony Zanetello (312) 353?7 331 S.B.A. - Procurement Assistance 300 South RiverSide Plaza Room 197 5-8 Chicago, Illinois 60606-6611 Attention Robert Murphy, ASSistant Regional Administrator (312) 353-4503 Preject information and general BE information City of Chicago City of Chicago Department of Purchases Department of Purchases Contract Monitoring and Compliance Contract Administration Dwision City Hall - Room 403 City Hall - Room 403 Chicago, Illinms 60602 Chicago, IllinOis 60602 Attention Carnice Carey Attention Diana Mingauw-Johnson (312) 744-1895 (312) 744-4926 Directory of Certified Disadvantaged, Minority and Women Busmess Enterprises City of Chicago Department of Purchases Certi?cation Unit City Hall - Room 403 Chicago, Illinois 60602 Attention Alic1a GarCia (312) 744-1896 Information on MBEIW BE availability in the manufacturing, sales or supplies, and related ?elds (direct ass1stance from 42 regional affiliates located throughout the National Minority Suppliers Chicago Regional Development Council, Inc. Purchasing Council 15 29th Street 9th Floor 36 South Wabash - Suite 725 New York, New York 10018 60603 Attention Harriet Michell Attention Maye Foster-Thompson (212) 944?2430 (312) 263-0105 Purchasing: MBEIWBE Special Condition (Rev. 9/94) Page 10 of 10 Revised 6?27?95 Latin American Chamber of Commerce 2539 N. Kedzie - Suite 12 Chicago, Illinois 60647 Attn: D. Lorenzo Padron/Pedro Romero (312) 252-5211 (312) 2527065? Women In Business Yellow Pages 7358 Lincoln Ave., Ste 150 Chicago, Illinois 60646 Attn: Ida Bialik 08) 679?7 800 i i 08) 679?7845" Asian American Small Business Association 5023 N. Broadway Chicago, Illinois 60640 Attn: Charles 800 (312) 728?1030 Minority Economic Resource Corp. Minority Business Dept. 2570 E. Devon Ave. ?as Plaines, Illinois 60018 -ttn: Sean Bacon (708) 297-4705 (708) 297-5343* National Association of Women Business Owners-Chicago Chapt. 175 W. Jackson, Ste. 625 Chicago, Illinois 60604 Attn: Sandra Gibley (312) 322-0990 (312) 461?0238* Facsimile Number ATTACHMENT A ASSIST AGENCIES NON CONSTRUCTION Midwest Women?s Center 828 S. Wabash Suite 200 Chicago, Illinois 60605 Attn: Marsha Medema/ Laurina Uribe (312) 922-8530 (312) 922-8931* Illinois Dept. of Commerce and Community Affairs 100 W. Randolph Ste. 3-400 Chicago, Illinois 60601 Attn: Mollie Cole (312) 814-7176 (312) 814-6732* Industrial Council of Northwest Chicago 2023 W. Carroll. Ave. Chicago, Illinois 60612 Attn: Ken Govas (312) 421-3941 (312) 421-1871* Uptown Center Hull House 4520 N. Beacon Chicago, Illinois 60640 Attn: Ed acob/Curt Roeschley (312) 561-3500 (312) 561?3507* The Neighborhood Institute 2255 E. 75th Street Chicago, Illinois 60649 Attn: Olivia Grady/Adrian Hill (312) 933-2021 (312) 933-2039* Page 1 International Trade Bureau Operation Push 930 E. 50th Street Chicago, Illinois 60615 Attn: Rev. Jimmie Daniels (312) 373-3366 (312) 373-3571* Chicago Minority Business Development Council 36 S. Wabash - Suite 725 Chicago, Illinois 60603 Attn: Maye Foster Thompson (312) 263-0105 (312) 263-0280* Triton College Small Bus. Development Ctr. 2000 Fifth Avenue River Grove, Illinois 60171 Attn: Harry McGinnis (708) 456?0300 - Ext. 593 (708) 456-8383 Rev1sed 6-27?95 Cosmopolitan Chamber of Commerce 1326 S. Michigan Suite 100 Chicago, Illinois 60605-2602 Attn: Consuelo Pope/Lylah Booker (312) 786-0212 (312) 786?9079* ?Testside Small Business bvelopment Corp. 1 12 N. Pulaski Road Chicago, Illinois 60624 Attn: Betty Boston (312) 638-1990 (312) 638-4851?? Women?s Business Development Center 8 South Michigan Ave. - Suite 400 Chicago, Illinois 60603?3306 Attn: Hedy RatnerfElizabeth Scully (312) 853-3477 (312) 853-0145* -ittle Village 26th Street Area Chamber of Commerce 3610 West 26th Street Chicago, Illinois 60623 Attn: William Velazquez (312) 521~5387 (312) 521-7103* Facsimile Number ATTACHMENT A ASSIST AGENCIES NON CONSTRUCTION, M.E.G.A. Center Operated by: Burgos Associates, Inc. 105 W. Adams St., 7th Fl. Chicago, Illinois 60603 Attn: Dan Drapala (312) 977-9190 (312) 977-1101* Chicago Urban League 4510 S. Michigan Chicago, Illinois 60653 Attn: Lee V. Smith (312) 285-5800 X383 (312) 285-7772* Mexican American Chamber of Commerce of Illinois 150 N. Michigan Ave, Ste. 1210 Chicago, Illinois 60601 Attn: George Loera (312) 551-0908 (312) 551?0914* Dept of Central Management Services Minority Female Business Enterprises Division 100 W. Randolph St., Suite 4-400 Chicago, Illinms 60601 Attn: Irene Cualoping (312)814-4190 (312) 814~6664* Page 2 Revised 6-27?95 Association of Asian Construction Enterprises 333 North Ogden Avenue Chicago, IL 60607 Attn: Mr. Perry Nakachi, President (312) 563?0746 (312) 666-1785* Black Contractors United 1603 S. Michigan Ave., Suite 503 . iicago, IL 60616-1209 _-ttn: Taylor Cotton (312) 663-0704 (312) 663-0706* Hispanic-American Construction Industry Associations (HACIA) 542 South Dearborn, Ste. 610 Chicago, IL 60605?1527 Attn: Carlos Ponce (312) 786-0101 (312) 786-0104 Facsimile Number ATTACHMENT A ASSIST AGENCIES CONSTRUCTION Federation of Women Contractors 6723 S. Pulaski Road Chicago, IL 60629 Attn: Theresa Kern, President or Kathleen Collins, Executive Director (312) 582-2666 (312) 582-9850* Mexican American Chamber of Commerce of Illinois 150 N. Michigan Ave., Ste. 1210 Chicago, Illinois 60601 Attn: George Loera (312) 551-0908 (312) 551-0914* African American Contractors Association 1350 South Michigan Avenue Chicago, Illinois 60605 Attn: Omar Shareef, President (312) 915-5960 (312) 939-2780* Page 3 ATTACHMENT (ON RETURN RECEIPT REQUESTED (Date) Re: Speci?cation No: Description: (Assist Agency Name and Address) Dear (Bidder/Proposer) intends to submit a bid/proposal in response to the above referenced speci?cation withthe City of Ch1cago. Bids are due advertised speci?cation with the City of Chicago. The following areas have been identi?ed for subcontracting opportunities on both a direct and indirect basis: Our efforts to identity potential subcontractors have not been successful in order to meet the Disadvantaged/Minority/Women Business Enterprise contract goal. Due to the inability to identify an appropriate firm certi?ed by the City of Chicago to participate as a subcontractor or joint venture partner, a request for the waiver of the contract goals will be submitted. If you are aware of such a ?rm, please contact at Name of Company Representative within (10) ten working address/phone days of receipt of this letter. Under the City of Chicago?s Ordinance, your agency 13 entitled to comment upon this waiver request to the City of Chicago. Written comments may be directed within ?fteen (15) working days of your receipt of this letter to: Troy Ratliff, Deputy Purchasing Agent Department of Purchases, Contracts and Supplies City of Chicago 121 North LaSalle Street, Room 403 Chicago, Illinois 60602 If you wish to discuss this matter, please contact the unders1gned at Sincerely, Rev 1/96 SCHEDULE B: Af?davit ofJoint Venture This form need not be submitted if all joint venturers are MBEs and/or WBEs. In such a case, however, a written joint venture agreement among the MBE and WBE venturers must be submitted. In all proposed joint ventures, each MBE and/or WBE venturer must submit a copy of their current Letter of Certi?cation. ALL INFORMATION REQUESTED BY THIS SCHEDULE MUST BE ANSWERED IN THE SPACES PROVIDED. DO NOT REFER TO YOUR JOINT VENTURE AGREEMENT EXCEPT TO EXPAND ON ANSWERS PROVIDED ON THIS FORM. IF ADDITIONAL SPACE IS REQUIRED, ADDITIONAL SHEETS MAY BE ATTACHED. I. Name of joint venture: Address of joint venture: Phone number of joint venture: II. Identify each BE venturer(s): Name of Firm: Address: Phone: Contact person for matters concerning BE compliance: Identify each BE venturer(s): Name of Firm: Address: Phone: Contact person for matters concerning compliance: IV. Describe the role(s) of the MBE and/or WBE venturerts) in the joint venture: V. Attach a copv of the ioint venture agreement. In order to demonstrate the MBE and/or WBE venturer?s share in the ownership. control, management responsibilities, risks and pro?ts of the joint venture, the proposed joint venture agreement must include specific details related to: (1) the contributions of capital and equipment; (2) work items to be performed by the own forces: (3) work items to be performed under the supervision of the venturer: and (4) the commitment of management, supervisory and operative personnel employed by the to he dedicated to the performance of the project. VI. Ownership of the Joint Venture. A. What are the percentage(s) of ownership of the joint venture? MBEJWBE ownership percentage(s) ownership percentage(s) Purchasmg Form Schedule 3 (Rev 2188) PAGE 1 OF 5 Schedule Af?davut of lount Venture (MBEMBE) VI. Ownership of the Joint Venture (continued): B. Specify BE percentages for each of the following (provide narrative descriptions and other detail as applicable): 1. Pro?t and loss sharing: 2. Capital contribut'mns: Dollar amounts of initial contribution: Dollar amounts of anticipated on-going contributions: 3. Contributions of equipment (Specify types, quality and quantities of equipment to be provided by each venturer): 4. Other applicable ownership interests, including ownership options or other agreements which restrict or limit ownership and/or control: 5. Provide copies of a_1_l written agreements between venturers concerning this project. 6. Identify each current City of Chicago contract (and each contract completed during the past two (2) years) by a joint venture of two or more ?rms participating in this joint venture: Control of and Participation in the Joint Venture. Identify by name and firm those individuals who are. or will be. reaponsible for, and have the authority to engage in the following management functions and policy decisions. (Indicate any limitations to their authority such as dollar limits and co-signatory requirements): A. Joint venture check signing: B. Authority to enter contracts on behalf of the joint venture: Purchasmg Form Schedule 8 (Rev 2:138) PAGE 2 OF 5 Schedule Affidavit of lomt Venture (MBEMBE) C. Signing, co-signing and/or collateralizing loans: D. Acquisition of lines of credit: E. Acquisition and indemni?cation of payment and performance bonds: F. Negotiating and signing labor agreements: G. Management of contract performance. (Identify by name and firm only): i. Supervision of field operations: 2. Major purchases: 3. Estimating: 4. Engineering: IX. Financial Controls of joint venture: A. Which ?rm and/or individual will be responsible for keeping the books of account? B. Identify the "managing partner," if any, and describe the means and measure of their compensation: C. What authority does each venturer have to commit or obligate the other to insurance and bonding companies. ?nancing institutions, suppliers, subcontractors. and/or other parties participating in the performance of this contract or the work of this project? . Purchasmg Form Schedule (Rev ZIBB) PAGE 3 OF 5 Schedule Affidamt of lomt Venture K. State the approximate number of operative personnel (by trade) needed to perform the jomt venture's work under this contract. Indicate whether they will be employees of the non- firm, the MBEIWBE ?rm, or the joint venture. Trade Firm MBEIW BE Joint Venture (number) (number) (number) If a_n_y_ personnel proposed for this project will be employees of the joint venture: A. Are any proposed joint venture employees currently employed by either venturer? Currently employed by (number) Employed by B. Identify by name and ?rm the individual who will be responsible for hiring joint venture employees: C. Which venturer will be responsible for the preparation of joint venture payrolls: XI. Please state any material facts of additional information pertinent to the control and structure of this joint venture. Purchasmg Form Schedule 8 (Rev 2IBB) PAGE 4 OF 5 Schedule Affidawt of iomt Venture E) The undersigned af?rms that the foregoing statements are correct and include all material information necessary to identify and explain the terms and operations of our joint venture and the intended participation of each venturer in the undertaking. Further, the undersigned covenant and agree to provide to the City current, complete and accurate information regarding actual joint venture work and the payment therefore. and any proposed changes in any provision of the joint venture agreement, and to permit the audit and examination of the books, records and ?les of the joint venture, or those of each venturer relevant to the joint venture by authorized representatives of the City or the Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and for initiating action under federal or state laws concerning false statements. Note: If, after ?ling this Schedule and before the completion on the joint venture?s work on the project, there is any change in the information submitted. the joint venture must inform the City of Chicago, either directly or through the prime contractor if the joint venture is a subcontractor. Name of BE Partner Firm Name of Partner Firm Signature of Affiant Signature of Affiant Name and Title of Affiant Name and Title of Af?ant Date Date 011 this day of 19 the above-signed of?cers (names of M) i personally appeared and, known to me be the persons described in the foregoing Af?davit, acknowledged that they executed the same in the capacity therein stated and for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and of?cial seal. Signature of Notary Public My Commission Expire: (SEAL) Purchasmg Form Schedule B(Rev 2(88) PAGE 5 OF 5 Feb?16~96 08:28 a Towing(AcCt) 708 333?7324 P.01 c-g Letter of Intent from MBEIWBE to Perform ts Suhcontrector. Supplier audio:- Consult?: Pllot Towing and Pound Name ofProJect?Contx-act: Management Agreement Specx?cedon Number: 369689004 From: Brad?s Tyre. 195;. M38: Yes 3 No mas-"mauve: ?rm: wee: Yes Na ?We and the City of Chianti: (than ethol- Cantu-eater - Bidder: repose" The undersigned Intends to perform work In connection with the shove projects as e: Sole Proprietor Corporation Partnership Joint Venture The MBE4WBE status of the undersigned is con?rmed by the attached letter of Cem?cndon from the ity of Chicago effectwe date of to for a period of one year. The undersigned is prepued to provide the following described semces or supply the following goods in connection the above named project contract.- Tlre Purchase of truck The Above described performance is olfered for the following price and described term: of payment: Per payment schedule based on cog; g: 5a133 Es;;m?ted at 4% Q: gaLua 9f, If more spece is needed to fully describe the MBEIWBE arm's proposed scope of work major peyment schedule. ?tech sddl?onn! sheets. The undersigned will enter- into a formal written egreement for the above work with you as at Prime Contractor. conditioned upon your execution of a contract with the City of Chicago. and will do so within (3) three working days of receipt of a signed contra-u from the City of Chicago. . Stuart Bradghgu . mm Renae mu. lPrintl Date Phone PURCHASING SCH [tensed am: Page I of 1. 02/16/96 08:27 NO.4903 P.001 I City of Chicago Richard M. Daley, Mayor Department ot? Purchases. Contracts and Gupphes Alexander Acting Purchasmg Agent City Hall. Room 403 121 North LaSalle Street Chlcago. llhnous 60602-1284 (312) T444900 {312} 744-2949 TDD 759 6 19? Mr Stuart Bradshaw Brad's Tire, Inc. 9100 Sourn Chicago Avenue Chicago, 60617 Dear Mr. Bradshaw. We are In receipt of your application to the Crty of Chicago for recertn?rcatton as a Mmont Busmess Enterprise (MBE). application was made an the ormat of a Schedule Affidawt of Drsadvantaqed BUSIHESS Enter rrseJ Mmo?y Busmess Enterprise or WomenTBusmess Enterprise The result of our revuew of your application rs that Brad's Tire, inc. IS recertn?ted as a MBE eligible to fulfill MBE reqmrements on City contracts Your firm :5 recertn?led as of February 1, 1996 for a period of one year It IS +he obligation of your firm to apply for recertlr'.catron no later than the end of the tenth (10th) calendar month iollowmg the effective date of your certification Your firm wzli be lusted In the next edition of the City?s Dtsadvantaged Busmess Enterpnseleorlty Busmess Enterpnse/ Women?s Busmess Enterprise Dtrectory. Your speczalty Will be listed as. New Tire Sales (Passenger Trucks - Light, Large, Off High way) Tire Repair, Tire Retreading and Automotive Service Your partICIpatIon on City contracts only be credited toward MBE goals In your area of specualty Credrt for particupation In other areas re unres an expansmn of your current Requests or expansron of must be to of?ce along all :ocumentatlon necessary to establish a for such expansmn It is the obligation of Brad's Tire. Inc. to notify Troy Ratliff, Deputy Durchasmg Agent, or at there are any changes If ownershap andro' control of your ?rm Cit: raeerves the ?light to ccm'nence ac: 0? :o tracer-tr: ,our at true non?cat on .5 eat made. Recemitc .EIOH rr?ar also be revo