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HomeMy WebLinkAbout102-Universal Sweeping Contract .pdfFY 2005 -2007 CITYWIDE STREET SWEEPING CONTRACT CITY OF SARATOGA This Contract is made at Saratoga, California, as of August 1, 2005, by and between the CITY OF SARATOGA, a municipal corporation ( "City "), and Universal Sweeping Services, ("Contractor"), who agree as follows: 1. Scope of Service. Subject to the terms and conditions set forth in this Contract, Contractor shall provide to City the services described in Exhibit A. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A. 2. Payment. City shall pay Contractor for services rendered pursuant to this Contract at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Contractor for services rendered pursuant to this Contract. Contractor shall submit all billings for said services to City in the manner specified in Exhibit B. 3. Facilities and Equipment. Except as set forth in Exhibit C, Contractor shall, at its sole cost and expense, furnish all facilities and equipment, which may be required for furnishing services pursuant to this Contract. City shall furnish to Contractor only the facilities listed as City Obligations in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. General Provisions. The general provisions set forth in Exhibit D are part of this Contract. In the event of any inconsistency between said general provisions and any other terms or conditions of this Contract, the other term or condition shall control insofar as it is inconsistent with the general provisions. 5. Contract Renewal. This contract may be renewed as set forth in Exhibit E. 6. Standard of Performance. The performance standards set forth in Exhibit F shall be achieved. 7. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. Termination. City has the right to terminate this Contract at any time upon written notice given to the Contractor. The effective date of the termination shall be set forth in the written notice. 9. Notices. Any written notices to Contractor shall be sent to: Attention: Gina Vella Universal Sweeping Services P.O. Box 28010 San Jose, Ca 95159 -8010 Phone: (408) 295 -9688 Fax: (408 - 258 -0122) Page 1 of 17 Any written notices to City shall be sent to: To the City: with a copy to: (which copy shall not constitute notice) City Clerk City of Saratoga 13777 Fruitvale Ave. Saratoga, Ca 95070 FAX (408) 867 -8559 Rick Torres Street Maintenance Supervisor City of Saratoga 19700 Allendale Avenue Saratoga, CA 95070 FAX (408) 868 -1278 10. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of City by Rick Torres ( "Administrator "). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. Executed as of the day first above stated: Contr tor: ?iiL(f ' By_ Name-(;71 Its�K ctITY OF SARATOGA, a municipal corporation lc— Rlgd0> Attest: Ci ler Approved as to form: City Attorney Appeoved as to dget authority and insurance: Finance Director Page 2 of 17 Exhibit A Scope of Services Definitions and General Information 1. This contract is for Professional Street sweeping service for a period beginning August 1, 2005 and ending June 30, 2007. 2. The contractor shall meet or exceed all minimum requirements of this contract. The City has approximately 65 arterial curb miles of roadway to be swept. The city has approximately 210 residential curb miles of roadway to be swept. The City has parking lot areas to be swept including 4 Village Parking Districts, Hakone Gardens, Congress Springs Park, El Quito Park (West Hope Parking Lot) and Civic Center. In addition, the City may have seasonal leaf drop street sweeping and other unscheduled street sweeping needs. 4. The term "debris" shall mean all materials normally picked up by a mechanical sweeper, such as sand, glass, paper, cans, and other litter and materials. 5. The term "street" shall mean the paved area between the normal curb line of a roadway whether an actual curb line exists or not. It shall not include any ways that would cause damage to the equipment used. It does not include sidewalks, areas adjacent to the roadway or parking lots. 6. The term "parking lot" shall mean the paved area where cars park. 7. "Adverse weather conditions" shall mean heavy rains, extreme cold and other weather conditions as so designated by the Director of Public Works. 8. "Holidays" shall be New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veteran's Day, Thanksgiving, and Christmas. Scope of Work 1. The Contractor will sweep designated streets and parking lots currently owned and maintained by the City. 2. The Contractor will sweep the following: • Sweep weekly arterial streets totaling approximately 65 curb miles. • Sweep monthly citywide residential streets totaling approximately 210 curb miles. • Sweep weekly 4 Village Parking District parking lots. • Sweep monthly Civic Center parking lots. • Sweep monthly the Hakone Gardens parking lot. • Sweep monthly parking lot adjacent to Congress Springs Park. • Sweep monthly parking lot adjacent to El Quito Park (West Hope Church Parking lot) Page 3 of 17 14. Equipment operators shall be able to speak, read, and write in English. 15. The Contractor must submit sweeping documentation in a fonnat prescribed by the City on a monthly and annual basis. 16. The Contractor shall maintain the agreed upon frequency of sweeping as closely as possible, subject to adverse weather conditions, defined under the terms of this Contract. The Contractor will be required to perform hand blowing in parking lots as directed by the City. In addition, the City may require the Contractor to return to sweep areas previously blocked by parked vehicles or other obstructions. If so required, Contractor shall perform the re- sweeping within 24 hours of notification. 17. Contractor shall propose separate schedules for arterial and residential sweeping. The City shall approve both schedules before work under the contract begins. Changes to the approved schedules must be approved in writing by the Director of Public Works before Contractor can proceed to implement such changes. Page 5of17 Exhibit B Payment Schedule 1. As full compensation under the terms of this Contract, the City shall pay the Contractor the following: Unit Price Description of Service $22.21 *per Weekly sweeping of approximately 65 curb mile of arterial streets curb mile $22.21 *per Monthly sweeping of approximately 210 curb mile of residential streets curb mile $200.00 Weekly sweeping of 4 Village Parking District Parking Lots $75.00 Monthly sweeping of Hakone Gardens Parking Lot $75.00 Monthly sweeping of Parking Lot at Congress Springs Park $75.00 Monthly sweeping of Civic Center Parking Lots $85 per hour Unscheduled Sweeps $85 per hour Seasonal Leaf Drops Included at no Monthly and Annual Documentation of Street Sweeping. cost to City Included at no Public Information to be mailed annually and maintain web site cost to City Included at no Performance Bond cost to City Contractor shall submit invoices, not more often than once a month during the term of the Contract, based on the cost for services performed prior to the invoice date. 2. City shall snake monthly payments, based on such invoices, for services satisfactorily performed. City shall make no payment for any extra, further or additional service pursuant to this Contract unless such extra service and the price therefore is agreed to by the Director of Public Works prior to the time such extra service is rendered. 3. Send invoices to: City of Saratoga Department of Public Works 13777 Fruitvale Avenue Saratoga, CA 95070 Page 6 of 17 * In the event a change in the number of curb miles to be swept increases or decreases by more than twenty -five percent (25 %) during the term of this contract, either party may request an adjustment to the unit price. Both parties shall meet to determine the appropriate adjustments. Page 7 of 17 Exhibit C Facilities and Equipment Equipment Specifications The Contractor shall have proof of ownership, or a signed lease for the duration of the Contract, of at least one (1) motorized machine suitable for meeting the requirements of this Contract. A description of the machine shall be submitted to the City before work under the contract can begin. Where new equipment will be purchased, the Contractor shall provide a signed quotation from an equipment dealer, with guaranteed delivery date, in order to ensure that work can begin on time. Equipment that is not new shall have been rebuilt within two years prior to the start of work. For the purposes of this Contract, "rebuilt" means, at a minimum, replacement of worn parts and reconditioning or replacement of hydraulic systems, transmissions, differentials, electrical systems, engines, and brake systems. In addition, the vehicles must be repainted and tires must have at least eighty -five percent (85 %) of tread remaining. 2. The Contractor shall, at all times, maintain the ability to place at least one (1) back -up machine into service in the event of any mechanical failure of the primary machine which renders it incapable of operating or performing to the standards of this contract, or at the direction of the City. In either case, the back -up machine shall be operational within two (2) hours from when the primary machine experiences mechanical failure, or from when the City directs the Contractor to place the back -up machine into service. The Contractor shall provide satisfactory evidence of the availability of a back -up machine. The back -up machine shall conform to all of the standards and specifications applicable to the primary machine. 3. All street sweeping machines used by Contractor in the performance of services shall be of sufficient quality to perform the work required. 4. Machines must be capable of transporting debris to locations designated by the City. 5. Machines must be equipped with an efficient water spray system for dust control, and the spray system must be maintained in good operating condition. 6. Machines must be properly registered and insured in accordance with the motor vehicle laws of the State of California. Contractor shall maintain street- sweeping equipment in a clean and presentable condition and in good repair at all times. All parts and systems of the collection equipment shall operate properly and be maintained in a condition satisfactory to the City. If a machine becomes inoperative, a replacement street sweeping machine shall be put into service within 2 hours. City of Saratoga identification shall be affixed to right and left side of vehicle i.e.: "Sweeping Saratoga" or other name agreed upon by Contractor and the Director of the Department of Public Works. 8. A sufficient supply of spare brooms or vacuum and other parts must be kept on hand to ensure the timely and continuous fulfillment of the services. Page 8 of 17 9. Equipment must be capable of removing litter, leaves, and debris sufficiently to meet applicable industry, NPDES Program, State, Federal, and City standards. 10. Equipment must conform to all Federal, State, and Local regulations regarding emissions, safety, and operating standards. 11. Vehicles must be of the regenerative air type and equipped with dual gutter brooms and main broom capable of sweeping at a minimum of a nine -foot path. City's Obligations 1. The city will provide and maintain adequate disposal site(s) for dumping debris picked up by the Contractor. 2. The City will provide routine safety efficiency checks. Contractor's Obligations 1. The Contractor will be responsible for securing adequate hydrant access throughout the City for filling water spray systems. In addition, the Contractor will be responsible for securing any necessary permits from the San Jose Water Company. 2. The Contractor will provide fiiel, water, and maintenance for all vehicles and for equipment. Page 9 of 17 Exhibit D General Provisions 1. Service Standards. Contractor shall perform all services under this Contract in a thorough and professional manner. Street sweeping services described in Exhibit A of this Contract shall be perfonned except during adverse weather conditions. Additionally, all services described in Exhibit A of this Contract shall be performed professionally, on schedule, and courteously. 2. Labor and Equipment. Contractor shall provide and maintain all labor, equipment, tools, facilities, and personnel supervision required for the performance of Contractor's obligations under this Contract. Contractor shall at all times have sufficient backup equipment and labor to fiilfill Contractor's obligations under this Contract. No compensation for Contractor's services or for Contractor's supply of labor, equipment, tools, facilities or supervision shall be provided or paid to Contractor by City except as expressly provided by this contract. Holiday Service. Contractor shall not be required to perform services under this Contract on ten (10) holidays: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veteran's Day, Thanksgiving, and Christmas. Street sweeping services that would be performed but for Holidays shall be rescheduled to the day immediately following the Holiday, or subsequent regular street sweeping day, unless otherwise specifically approved in advance in writing by the Director of Public Works. 4. Independent Contractor. In the performance of services pursuant to this Contract, Contractor shall be an independent contractor and not an officer, agent, servant or employee of City. Contractor shall have exclusive control over the details of the services and work performed and over all persons performing such services and work. Contractor shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any. Neither Contractor nor its officers, employees, agents, contractors, or subcontractors shall obtain any right to retirement benefits, Workers' Compensation benefits, or any other benefits which accrue to employees of City. Contractor expressly waives any claim it may have or acquire to such benefits. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 5. Law to Govern. The laws of the State of California shall govern the rights, obligations, duties and liabilities of City and Contractor under this Contract and shall govern the interpretation of this Contract. 6. Venue. Any litigation between City and Contractor concerning or arising out of this Contract shall be filed and maintained exclusively in the Municipal or Superior Courts of Santa Clara county, State of California, or in the United States District Court for the Northern District of California to the fullest extent permissible by law. Each party consents to service of process in any manner authorized by California law. Page 10 of 17 7. Assignment. Neither party shall assign its rights nor delegate or otherwise transfer its obligations under this Contract to any other person without the prior written consent of the other party. Any such assignment made without the consent of the other party shall be void and the attempted assignment shall constitute a material breach of this Contract. For purposes of this exhibit, "assignment" shall include, but not limited to: A. A sale, exchange or other transfer or substantially all of Contractor's assets dedicated to service under this agreement to a third party. B. A sale, exchange or other transfer of ten percent (10 %) or more of the outstanding common stock of Contractor to a person other than the shareholder(s). Establishment of a living trust will not constitute such a transfer, provided that control of the Company is retained by the shareholders. C. Any reorganization, consolidation, merger, recapitalization, stock issuance or reassurance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction to which Contractor or any of its shareholders is a party which results in a change in ownership or control of ten percent (10 %) or more of the value or voting rights in the stock of Contractor; and D. Any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any such transfer or change of ownership. 8. Subcontracting. The use of a subcontractor to perform services under this contract shall not be permitted. 9. Binding on Successors. The provisions of this Contract shall inure to the benefit to and be binding on the successors and permitted assigns of the parties. 10. Parties in Interest. Nothing in this Contract, whether express or implied, is intended to confer any rights on any persons other than the parties to it ant their representatives, successor and permitted assigns. 11. Compliance with Law. In the performance of this contract, Contractor shall comply with all applicable laws, regulations, ordinances and codes of the federal, state and local governments, including without limitation the Municipal Code of City. A. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. B. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non -merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination Page 11 of 17 under this Agreement. C. Drug -free Workplace. Contractor and Contractor's employees and subcontractors shall comply with the City's policy of maintaining a drug -free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. 12. Permits and Licenses. Contractor shall obtain, and shall maintain throughout the term of this Contract, all necessary permits, licenses and approvals required for Contractor to perform the work and services agreed to be performed by Contractor to perform the work and services agreed to be performed by Contractor pursuant to this Contract. Contractor shall show proof of such permits, licenses or approvals and shall demonstrate compliance with the teens and conditions of such pen-nits, licenses and approvals upon the request of the Director of Public Works. 13. Ownership of Written Materials. All reports, documents, brochures, public education materials, and other written, printed or photographic materials developed by city or Contractor in connection with the service to be performed under this Contract or in connection with the Street sweeping Services, whether developed directly or indirectly by city or Contractor, shall be and shall remain the property of City without limitation or restriction on the use of such materials by City. Contractor shall not use such materials in connection with any project not connected with this Contract without the prior written notice to and consent of the Director of Public Works. Such consent shall not be unreasonably withheld. 14. Waiver. The waiver by City or Contractor of any breach or violation of any term, covenant or condition of this Contract shall not be deemed to be a waiver of any other term, covenant or condition or of any subsequent breach or violation of the same or of any other term, covenant or condition. The subsequent acceptance by City of any fee, tax, or any other moneys, which may become due from Contractor to City shall not be deemed to be a waiver by city of any breach or violation of any term, covenant or condition of this Contract. 15. Prohibition Against Gifts. Contractor shall not offer any city officer or other employees any gift. 16. Notices. All notices and other communications required or which may be given under this Contract shall be deemed given when deposited in the United States mail or when personally delivered or telefax to the parties as specified in this Exhibit. In the case of a notice or communication by telefax, the telefax shall be sent to the number specified below and a written copy shall be mailed or personally delivered within three (3) days of the transmittal of the telefax. All notices or other communications sent by mail shall be sent postage prepaid and return receipt requested to the address specified in section 9 of this agreement. Either parry may designate a different mailing address or a different telefax number by providing notice to the other party as provided in this Exhibit. Such Page 12 of 17 notice shall be deemed to be effective when received if served personally or sent via Federal Express, and three days after being deposited in the mail. 17. Transition to Next Contractor. In the event Contractor is not awarded an agreement to continue to provide services following the expiration or earlier termination of this Contract, Contractor shall cooperate fully with City and any subsequent contractor(s) to assure a smooth transition of services described in this Contract. 18. City Representative. Except as otherwise provided in this Contract, City Representatives shall be authorized to act on behalf of City in the administration of this Contract. 19. Contractor's Records. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law. Contractor shall maintain all documents and records which demonstrate performance under this Contract for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Contract. Any records or documents required to be maintained pursuant to this contract shall be made available for inspection or audit, at any time during regular business hours, upon written request by the Director of Public Works or other designated representative. Copies of such documents shall be provided to city for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Contract. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request or demand of any of the above -named officers, require that custody of the records be given to City, and that the records and documents shall be granted to any party authorized by Contractor, Contractor's representative, or Contractor's successor -in- interest. 20. Amendment. This Contract may be amended or modified only by written agreement duly authorized by contractor and the City Council, and executed by their authorized representatives. 21. Severability. Should one or more of the provisions if this Contract be held by any court to be invalid, void or unenforceable, the remaining provisions shall nevertheless remain and continue in fiill force and effect, provided that the continuation of such remaining provisions does not materially change the duties or obligations of either parry from those duties or obligations originally contemplated by this Contract. 22. Time. Contractor shall devote such time to the performance of services pursuant to this Contract as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Contract. 21 Insurance Requirements. Contractor shall procure and maintain for the duration of the contract "occurrence coverage" insurance against claims for injuries to persons or Page 13 of 17 damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contract unit prices. The Contractor shall maintain automobile liability insurance of at least $1 million dollars, and property damage insurance of at least $1 million dollars. The Contractor shall also maintain property damage and bodily injury insurance of at least $1 million dollars. Employees will be covered by workers' compensation insurance. The City shall be named as an additional insured on all policies except in workers' compensation. Evidence of current insurance shall be provided in the form of a certificate to the City prior to the start of work. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 24. Hold Harmless and Responsibility of Contractors. Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences, or other causes predicted on active or passive negligence of the Contractor. Contractor shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the performance of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code, the parties hereto recognize and agree that this Contract is not a construction contract. By execution of this Contract, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Contractor from liability under this paragraph. 26. Default and Remedies. A. Events of default. Each of the following shall constitute an event of default hereunder: 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the Page 14 of 1.7 breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. B. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance, contract with another party to perform this Agreement and /or seek damages including incidental, consequential and /or special damages to the fiill extent allowed by law. C. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. D. Litigation. If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 27. Performance Bond. The Contractor shall prior to starting work under this contract will provide a performance bond in the amount of 25% of the estimated annual contract amount, which will provide coverage of possible additional costs if the Contractor does not meet performance standards and the City needs to acquire a new vendor. 28. Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, and volunteers for losses arising from work performed by the Contractor for the City. 29. Entirety. This Contract and the exhibits attached hereto represent the entire agreement of City and Contractor with respect to the services to be provided under this Contract. No prior written or oral statement or proposal shall alter any term or provision of this Contract. 30. Prevailing Rate of Wages. Upon the effective date of this agreement the Department of Industrial Relations had determined that street sweeping is not a public work subject to the prevailing wage laws of the California Labor Code. In the event that the Department of Industrial Relations, the state Attorney General, or a California Court of Appeal determines that street sweeping is a public work subject to the prevailing wage laws of the California Labor Code then contractor shall pay all employees in accordance with said laws. The general prevailing wage in the City of Saratoga, for laborer and for each craft or type of worker and mechanic employed in the execution of the contract, is Union Wage Scale established for Santa Clara County, which wage scale as of the execution date of contract is incorporated herein as if set forth. Overtime shall be not less than one and one -half (1 '/2) times the established rates. Sundays and holidays shall be not be less than two (2) times the established rates. In payment of labor, the contractor shall comply with the provisions of Labor Code Section 1770 to 1781 inclusive (Article 2, Chapter 1, Part 7, Division 2), and any acts amendatory thereto. Page 15 of 17 Exhibit E Contract Renewal 1. By March 1, 2006, and each March 1 thereafter, Contractor shall submit proposed rates for the succeeding contract year or notify the City that it intends to terminate this contract at end of the current contract year. If Contractor makes no submittal, the City may extend the contract for one (1) additional year at the then prevailing contract rates. 2. By May I of each year, City shall notify Contractor that either (1) City accepts the proposed rates and the contract shall be extended through June 30 of the following year, or (2) based on Contractor's failure to submit new rates the City has elected to extend the contract at the then prevailing rates through June 30 of the following year, or (3) the contract shall be terminated effective June 30 of the current year. Page 16 of 17 Exhibit F Performance Standards The primary objective of street sweeping is to remove all leaves, paper, dirt, rocks, glass, bottles, cans and other litter and debris from streets to ensure free flow of water in the gutter and to maintain streets in an overall state of cleanliness. The City will make the final determination as to whether the work has been satisfactorily completed and will order the Contractor to re -sweep areas not swept in a satisfactory manner. Page 17 of 17 FY 2005 -06 CITYWIDE STREET SWEEPING CONTRACT CITY OF SARATOGA This Contract is made at Saratoga, California, as of August 1, 2005, by and between the CITY OF SARATOGA, a municipal corporation ( "City "), and Universal Sweeping Services,( "Contractor "), who agree as follows: 1. Scope of Service. Subject to the terms and conditions set forth in this Contract, Contractor shall provide to City the services described in Exhibit A. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A. 2. Payment. City shall pay Contractor for services rendered pursuant to this Contract at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Contractor for services rendered pursuant to this Contract. Contractor shall submit all billings for said services to City in the manner specified in Exhibit B. 3. Facilities and Equipment. Except as set forth in Exhibit C, Contractor shall, at its sole cost and expense, famish all facilities and equipment, which may be required for famishing services pursuant to this Contract. City shall furnish to Contractor only the facilities listed as City Obligations in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. General Provisions. The general provisions set forth in Exhibit D are part of this Contract. In the event of any inconsistency between said general provisions and any other terms or conditions of this Contract, the other term or condition shall control insofar as it is inconsistent with the general provisions. 5. Contract Renewal. This contract may be renewed as set forth in Exhibit E. 6. Standard of Performance. The performance standards set forth in Exhibit F shall be achieved. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. Termination. City has the right to terminate this Contract at any time upon written notice given to the Contractor. The effective date of the termination shall be set forth in the written notice. 9. Notices. Any written notices to Contractor shall be sent to: Attention: Senior Operations Manager, Bud Rodriguez Universal Sweeping Services P.O. Box 28010 San Jose, Ca 95159 -8010 Telefax: (408 - 258 -0122) Page 1 of 17