HomeMy WebLinkAbout15.B.5. Cooperative Agreement with Scott County for Automated Vehicle (Truck/Bus) Wash System
J s:B. s:
CITY OF SHAKOPEE
Memorandum CONSENT
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Consider Approval of Cooperative Agreement between the
City and Scott County for Automated Vehicle
(Trucks/Buses) Wash System
DATE: September 6, 2005
INTRODUCTION:
Attached to this memo is an agreement between the City of Shakopee and Scott County
for the use of an automated truck/bus wash system by the County using this facility at the
Shakopee Public Work's Building.
BACKGROUND:
Scott County Transit Department, of the Public Works Division, has approached the City
Public Work's Department for the upgrading of the manual wash system that was
proposed in the existing Public Work's building to an automated wash base system to be
used by the Transit Department and their buses. The agreement that is attached is to
upgrade this wash system to an automated system. The City would enter into an
agreement with the County for the installation of the automated wash system and for the
County to reimburse the City for use of this system.
This item was discussed at the June 7, 2005 joint meeting with the City and Scott County
Board. At this meeting favorable comments were received from both the City Council
and Scott County Board members.
This agreement outlines the costs for construction of the automated system and the costs
for operations in which the City would bill the County for the operational costs on a
monthly basis. The County will provide the funds used through the Met Council Transit
funds or their own funding to pay for the $215,000.00 additional costs for automation.
The City will develop an operational cost of the usage by the County and will bill the
County for these costs on a monthly basis. These operational costs will include but are
not limited to utility costs, repairs, maintenance and supplies for the washing of the
vehicles. The City will also use $35,000.00 of Transit Funds for the cost of automation
for use of its transit vehicles.
Essentially, this Cooperative Agreement will assist the City in washing its vehicles in a
cost saving manner, versus manual washing, and allows the County and City to wash its
transit vehicles in a cost effective way. This agreement is an effort for both entities
working together to minimize the costs to the public in maintaining and managing their
fleets. At the writing of this memo, the county staff has not completed their review and
comments on the agreement, so there may be requested changes on the agreement for the
table on Tuesday's meeting.
ALTERNATIVES:
1. Authorize the appropriate City officials in executing the Cooperative Agreement
for the County to utilize an automatic wash base system for its vehicles at the
Shakopee Public Work's Building.
2. Do not approve the Cooperative Agreement at this time.
3. Approve a motion authorizing the expenditure of $35,000.00 from the Transit
Fund towards the Vehicle Wash.
4. Do not approve a motion authorizing the expenditure of $35,000.00 from the
Transit Fund towards the Vehicle Wash but approve from a different fund.
5. Table for additional information.
RECOMMENDATION:
Staff recommends Alternative No. 1 and No.3, as this is a cooperative effort to manage
the fleets of each entity in a cost effective way and to utilize Transit funds in funding this
vehicle wash.
ACTION REQUESTED:
1. Authorize the appropriate City officials in executing the Cooperative Agreement
for the County to utilize an automatic wash base system for its vehicles at the
Shakopee Public Work's Building.
2. Approve a motion authorizing the expenditure of $35,000.00 from the Transit
Fund towards the Vehicle Wash.
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Public Works irector
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ENGRlEMPLOYEEFOLDERlPPENNNINGTON/COUNCIUAUTOWASHSYSTEM
COOPERATIVE AGREEMENT
THIS AGREEMENT, is entered into this _ day of , 2005 by and between the
County of Scott, Minnesota, a Minnesota political subdivision located at Government Center 300, 200 Fourth
Avenue West, Shakopee, Minnesota 55379-1220, hereinafter referred to as the "County," and the City of
Shakopee, a Minnesota municipal corporation located at 129 South Holmes Street, Shakopee, Minnesota 55379,
hereinafter referred to as the "City."
1. Purpose of Agreement
The City, through its Public Works Department, has the facilities available to provide vehicle wash
services through the operation of a manual wash system. The City is currently constructing a new
Public Works Building that includes plans to include a manual vehicle wash system. The County
would like to make use of the vehicle wash system at the City's new Public Works Building by
entering into an operational cost sharing agreement with the City. The County would also like to
upgrade the manual vehicle wash system, through various funding sources, to an automatic vehicle
wash system. The City has agreed to enter into an operational cost sharing agreement with the
County for use of the vehicle wash by the County. The City also has agreed to upgrade the manual
wash system to an automatic wash system with the majority of costs and expenses incurred by the
City of this upgrade to be the responsibility of the County.
2. Scope of Agreement
2.1 The County's current vehicle wash bay facility located at the County's Public Works facility in
the City of Jordan will be closed due to the lack of City sewer and water.
2.2 The County and the City have been negotiating to enter into a cost sharing agreement for
improvements to the City's existing vehicle wash bay at the Shakopee Public Works Building.
2.3 The City's Public Works Building lies within the corporate limits of the City, and is currently
being rebuilt which will include a new manual vehicle wash bay.
2.4 The County would like to enter into a cost sharing agreement with the City to use the City's
new vehicle wash bay and upgrade itto an automatic vehicle wash bay.
2.5 The automatic vehicle wash bay would be used by the County's Transit and Public Works
Divisions, in addition to the City of Shakopee.
2.6 The City's architect has estimated that the total cost of the automatic wash bay for the City's
new Public Works Building is $376,000.00 ($126,000.00 for the bay, $245,000.00 for the automatic
wash and dryer equipment and $5,000.00 in architectural and engineering fees, expenses and
contingencies for the automatic wash and dryer equipment). A copy of the architect's estimate is
attached to this Agreement as Exhibit A.
2.7 The authority for the cooperative efforts to be carried out by the City and the County through
this Agreement is pursuant tq the provisions of Minnesota Statute Section 162.17, subdivision 1.
3. Tenn of Agreement
This Agreement shall be effective upon execution, and shall remain in effect throughout the life. of
the automatic vehicle wash bay.
4. Consideration and Terms of Payment
4.1 The City shall be responsible for the costs of designing and constructing the vehicle wash bay,
which are estimated to be $126,000.00. The City shall pay for the costs of designing and
constructing the vehicle wash bay, including the costs of the automated wash and dryer equipment.
The County shall reimburse the City for a portion of the City's costs incurred in designing and
constructing the automated wash and dryer equipment for the wash bay, including the architectural
and engineering fees, expenses and contingencies, which is estimated to be $250,000.00 as described
in Section 2.6 of this Agreement and Exhibit A. The County may allow the Metropolitan Council to
pay the City $125,000.00 on its behalf towards these costs, but the County shall remain responsible
for the remaining costs incurred. by the City in designing and constructing the automated wash and
dryer equipment for the wash bay up to $215,000.00. The City shall contribute $35,000.00 with
transit funds towards the design and construction of the automated wash and dryer equipment for the
wash bay. In the event that the City's costs of designing and constructing the automated wash and
dryer equipment for the wash bay exceed the estimate in Exhibit A, the County and City shall share
the additional costs with the City being responsible for 14% and the County being responsible for
86% of the costs over $250,000.00. The City shall invoice the County for its costs incurred as set
forth in this Section and the County shall pay these costs within thirty (30) days of the date of the
mVOlce.
4.2 After the automatic vehicle wash bay has been constructed and the County has paid the City for
the above costs, the County may use the facility for washing its vehicles. The County shall be
responsible for paying the City for its operational costs incurred for each vehicle washed by the
County. The per vehicle operational costs to be paid by the County shall be calculated by the. City.
The City shall divide the actual operational costs of the automatic vehicle wash bay by the number
of vehicle washes by the City and the County. The "operational costs" shall include, but not be
limited to, electricity, natural gas, water softner salt, water, chemicals (soap) used during the vehicle
wash, and any repairs, building rent, building heat, maintenance or supplies needed to maintain the
wash. The cost per wash shall be calculated by the City ona yearly basis and may be increased or
decreased if necessary after review and comment by the County.
4.3 The operational costs for vehicle wash usage by the County pursuant to. this Agreement shall be
paid to the City by the County as follows:
a. For the Agreement year starting September 30, 2005, the City (through its card reader
system), shall report to the County, within the first ten (10) days of each month, the following
information regarding each use of the vehicle wash from the preceding month: date and time of
wash, type of vehicle washed and number of vehicles washed.
b. Within thirty (30) days from the date of the monthly report from the City, in a form
acceptable to the County, the City shall calculate the County's share of the costs of the
operational costs for vehicle wash based on the calculations set forth in Section 4.2 of this
Agreement. The City shall invoice the County for these operational costs. The County shall
pay these costs within thirty (30) days of the date ofthe invoice.
5. Authorized Representatives
The parties appoint the following representatives for the purpose of administration of this
Agreement:
Troy Beam, Transit Manager Bruce Loney
Scott County Public Works Public Works Director
Government Center 300 City of Shakopee
200 Fourth Avenue West 129 South Holmes Street
Shakopee,~ 55379-1220 Shakopee, MN 55379
952-496-8277 952-233-9300
Invoices to the County pursuant to this Agreement shall be sent to the following individuals:
Program: Billing:
Troy Beam, Transit Manager Gary Bruggenthies
Scott County Public Works Scott County Public Works
Government Center 300 600 Country Trail East
200 Fourth Avenue West Jordan,MN 55352
Shakopee,MN 55379-1220 952-496-8335
952-496-8276
6. County and State Audit
Pursuant to Minnesota Statute Section 16C.05, subdivision 5 (2004), the books, records, documents,
and accounting procedures and practices of the County and City pursuant to this Agreement shall be
subject to examination by the County, City and the State Auditor. Complete and accurate records of
the work perfonned pursuant to this Agreement shall be kept by the County and City for a minimum
of six (6) years following termination of this Agreement for such auditing purposes. The retention
period shall be automatically extended during the course of any administrative or judicial action
involving the County or the City regarding matters to which the records are relevant. The retention
period shall be automatically extended until the administrative or judicial action is finally completed
or until the authorized agent of the County or City notifies each party in writing that the records no
longer need to be kept.
7. Indemnification
The County and City mutually agree to defend, indemnify, and hold harmless each other and their
respective officers, board members, and employees for claims of any kind (including attorney fees
and costs) that may arise in connection with the performance of this Agreement, except for the
portion of a claim that is caused by the negligence or intentional conduct of the other party. Nothing
herein shall be construed as a waiver of the provisions of Minnesota Statutes Chapter 466.
.
8. Data Practices
The City and County agree to abide by the provisions of the Minnesota Government Data Practices
. Act, Minnesota Statutes Chapter 13, as amended, and Minnesota Rules promulgated pursuant to
Chapter 13.
9. Controlling Law
The laws of the State of Minnesota shall govern all questions and interpretations concerning the
validity and construction of this Agreement and the legal relations between the parties and
performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be
those courts located with the County of Scott, State of Minnesota. Litigation, however, in the federal
courts involving the parties shall be in the appropriate federal court within the State of Minnesota.
10. Successors and Assigns
This Agreement shall not be assignable by the County without prior written consent of the City.
II. Changes
The parties agree that no change or modification to this Agreement, or any attachments hereto, shall
have any force or effect unless the change is reduced to writing, dated, and made part of this
Agreement. The execution of the change shall be authorized and signed in the same manner as for
this Agreement.
12. Severability
In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining
provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability
would cause the Agreement to fail its purpose. One or more waivers by either party of any
provision, term, condition or covenant shall not be construed by the other party as a waiver of a
subsequent breach ofthe same by the other party.
13. Entire Agreement
It is understood and agreed that the entire agreement of the parties is contained herein and that this
Agreement supersedes all oral agreements and negotiations between the parties relating to the
subject matter hereof as well as any previous agreements presently in effect between the County and
City relating to the subject matter in this Agreement.
IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed by their
respective duly authorized officers as of the day and year first above written.
CITY OF SHAKO PEE
By:
John Schmitt Date
Its: Mayor
By:
Mark McNeill Date
Its: Administrator
I
By:
Judith Cox Date
Its: Clerk
COUNTY OF SCOTT
By:
Robert Vogel Date
Its: Chair
By:
David Unmacht Date
Its: Administrator
Upon proper execution, this agreement RECOMMEND FORAPPROV AL:
will be legally valid and binding.
By By:
Pat Ciliberto, County Attorney Date Mitchell J. Rasmussen Date
Its: Engineer
APPROVED AS TO EXECUTION:
By:
Pat Ciliberto Date
County Attorney
~1-05 09:44A OERTEL ARCHITECTS 651 696 51BB P.02
. -31' OSIWEDI 07:18 C M CONSiRUCilON TEL:612 895 8183 P. 002
IV,
EXHffiIT A eM
CON&TRUCTION
COMPANY
...
12215 NICOlLET AVfNUf SOUTH, BURNSVlLLE.~ ~5337 · (952) 895-&223 · FAX (962) B96-61M .EMAIL; cmc0051iicmcoostructlcnco.co/'l')
AUQust 4, 2005
Oertel Atcl'\jteets Uti.
1795 St. Clair AvenUB
St. Paul, MN 55106
Attrl Jeff Oertel
Re: Sha~opee Public Worl<s Facility
eM Construction is pleased to provide the following prfcing on the above-referenced project filS
follows:
1. PR .3 - Provide additional work at ttle ear wash ares
A. Demelitian (eM) 2,366.00
B. RQugh Carpentry (eM) 1,850.00
C. Fiber Glass Panels (OM) (At unit Only 40') 2,500.00
D. Saw cut concrete (Mason.Cutters) -1,800.00
E. FENCING -4.900.00
F. Bituminous Patch . 1,500.00
G. Curb (NeC) 981.00
H. Concrete ~1.300.00
I. Masonry (Paramount) 6,193.00
J. Steel (J/L White - MTL) 1,085.00
K (J&H Erectian) 4-10.00
L. Roof ',088.00
M. Metal Framing (custom)
N. Car wash for (Inter-Clean Only) 146,837.00
O. Hre Protection ( Summit) None
P. Plumbing & Piping (Goraham Oien) 10,201.00
Q. HVAC ( Bostrom Sheet) (IncluEt86 Alt. fDr Mike-Up Air) 20,300.00 .
R. t:leerncal (NO Cost For SPUC included) 16.02000
, S. P & OH 10% (G.C.) 21,836.00
T. Band 2% $4.804.00
TOTAL CONSTRUCTION tjOST: $24S,OOO.OO
Dealgn F1HI8: .. $6,000.00
TOTA.L ADP: J250,OOO.OO
Tnis proposal may Pe withdrawn if not acc~pted within 7 days
Time extension required: _ days.
If there are any questions, or if you need ;tdditional informatIon, please don't
hesitate to contact me.
Thank you,
Chris J. Johnson
eM CONSTRUCTION COMPANY, INC.
Project Manager