2012 2:00:00 PM

Monday, February 27, 2012 2:00 PM
Sparks Council Chambers

General Business: 6.5

Title: Consideration and possible approval to Terminate the contract with Contract Sweeping Services for Routine Street Sweeping Services CONTINUED FROM 1/23/12 CITY COUNCIL AGENDA)

Petitioner/Presenter: Neil C. Krutz, P.E., Deputy City Manager of Community Services/Neil C. Krutz, P.E., Deputy City Manager of Community Services and Dan Hamlin, Maintenance Operations Manager

Recommendation: Staff recommends that the contract be terminated.

Financial Impact: There is no direct cost to cancel the contract. City staff would be assigned to routine street sweeping until the service can be re-bid and a new contract awarded.

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief: Community Services is requesting that the Contract for routine street sweeping services with Contract Sweeping Services be terminated due to non-performance.

Background: Contract Sweeping Services has not been in compliance with all the terms of the contract since the implementation of the contract In July of 2011. City staff has held five meetings with the contractor between September 27, 2011 and January 4, 2012 to discuss the problems and bring the contractor in compliance. Copies of the meeting notes are attached to this staff report for the City Council’s review. Contract Sweeping Services has not resolved these issues, as shown in the following section of this report.

Analysis: Staff has outlined several items that demonstrate areas of non compliance with Contract Sweeping Services. They are as follows: • GPS Logging of all street sweeping activity is required by the contract. However, it was not included with the first three billing cycles. • Inaccurate GPS logging data was submitted during subsequent billing cycles. • The Contractor continues to use a sweeper that is not in compliance with air quality specifications of the contract and is not equipped with a required GPS. • Contract Sweeping Services did not conform with signage requirements. The contractor was required to place a sign approved by the City on both sides of the street sweeping equipment used in the performance of the work. Signs lettering shall be a minimum of three (3) inches high, visible from both sides of the vehicle, and read Contracted to the City of Sparks 353-2271. Not all sweepers had signs on them. • Contract Sweeping Services continued to sweep areas on garbage days in violation of the terms of the contract, even after multiple warnings to stop sweeping activities on garbage days. • Contract Sweeping Services continually swept around objects in the road instead of stopping to pick them up. • When notified of a need to re-sweep an area, or of debris in the roadway; Contract Sweeping Services exceeded the allowable time period to complete the requests. • Contractor modified the sweeping schedule without giving required notice to the City. • City was not able to directly communicate with sweeper operators while on shift. • Contractor has not provided detailed inventory of equipment used to execute this contract. Staff believes the best way to show how the Contractor has performed is through photographs. A total of 16 photographs are attached to this staff report to show examples of the quality of work. City staff including the City Attorney and Contracts Manager has notified Contract Sweeping Services in person and in writing that they are in violation of the terms of the contract. Staff has followed the steps outlined in Section 3 subsection g; under Special Conditions and Specifications (Specific to Project) in documenting these meetings and specific violations. Community Services staff has invested $33,552.07 in time and equipment use during the first six months of the fiscal year to administer the contract and document the actions of Contract Sweeping Services . Copies of the cost tracking report supporting the investment, as well as copies of the Crew Supervisor’s notes are attached to this staff report for the City Council’s review. This cost grossly exceeds the anticipated costs of monitoring this contract and is approaching the anticipated cost savings of outsourcing the work (i.e. staff anticipated an annual savings of just over $107,000. Continuing with the current mode of operation would reduce that expected savings to approximately $43,000). Clause 16 of the contract allows for termination of this contract for any reason without penalty with 30 days notice. 30 days notice has been given. All documentation pertaining to this contract is attached for review.

Alternatives: 1. Council could direct staff to continue to work with Contract Sweeping Services to cure all defects. 2. Council could direct staff further.

Recommended Motion: I move to terminate this contract with Contract Sweeping Services.

Attached Files:

Supervisor Notes August thru December 2011.pdf

Minutes September thru December 2011.pdf

Sweeper Inspections-MMS.pdf

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