Loading...
HomeMy WebLinkAbout2007 Ordinance No. 028• • • ORDINANCE NO. d!f_ SERIES OF 2007 BY AUTHORITY 9 b iii CONTRACT NO, b0-..2p:J 1 COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER TOMASSO AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN ARAPAHOE COMMUNITY COLLEGE FOR THE AREA CAREER AND TECHNICAL SCHOOL (ACTS) AND THE CITY OF ENGLEWOOD PERTAINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT 2400 BLOCK OF SOUTH ZUNI, ENGLEWOOD, COLORADO. WHEREAS, the City Council of the City of Englewood has committed to reviewing options for housing and developing a strategy to enhance diverse housing options in the community; and WHEREAS , the City of Englewood became involved with Arapahoe Community College Area Career and Technical School (ACTS) during 1985 when the principal of Colorado's Finest Alternative High School contacted the City for assistance in expanding the building trades program; and WHEREAS , the ACTS program was able to offer a two year Comprehensive Building Trades program for high school students and adults to have a "hands-on" experience in building a home from the ground up throughout the school year; and WHEREAS, City will act in the role of the developer by providing con m ·,ction funds from the Housing Rehabilitation Fund and a site contractor will be hi red to i:oordinate the day-to-day building activities with the ACTS instructor and students ; and WHEREAS, the site, with house, will be sold after completion of the project and the proceeds will be returned to the Housing Rehabilitation Fund; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The City Council of the City of Englewood, Colorado hereby au1horizes 1he Intergovernmental Agreement between the Arapahoe Community College for the Area Career and Technical School (ACTS) and the City of Englewood , a copy of which is marked as "Exhibit A" and attached hereto. ~-The Mayor and the City Clerk are hereby authorized to sign and allest said Int ergovernmental Agreement on behalf of the City of Englewood . Introduced, read in full , and passed on fir.;t reading on the 7th day of May, 2007 . -1 - Published as a Bill for an Ordinance on the I Ith day of May, 2007. Read by title and passed on final reading on the 21st day of May, 2007 . Published by title as Ordinance No .eE' Series of 2007, on the 25th day of May, 2007 . I, Loucri shia A. Ellis , Ci•y Clerk of the City of Englewood, Colorado, hereby certify that the above and forego ing is a true copy of the Ordinance pa on final reading and published by title as Ordinance Nc.2£,, Series of 2007. //)Ul'/~k f ft6 -2- • • • • • • AGREEMENT This Agreement, made this __ day of ________ .2007, is between the CITY OF ENGLEWOOD, COLORADO (the City), and the ARAI' AHOE COMMUNITY COLLEGE/AREA CAREER AND TECHNICAL SCHOOL (ACC/ACTS) of 5900 South Santa Fe Drive-#AD 427, P. 0 . Box 9002, Littleton, Colorado 80160-9002. WHEREAS, tl1e City desires to assist the students in the ACC/ACTS program to gain experience for their Comprehensive Build ing Trades ACTS classes; and WHEREAS, ACC/ACTS desires to provide practical on-the-job experience to Student Laborers regularly enrolled in its Comprehensive Buildin& Trades classes; NOW, THEREFORE, in consideration of the mutual promises made herein the parties agree as follows: ARTICLE I -DlITIES A. ACC/ACTS: 1. ACC/ACTS shall p,ovide student laborers to perform construction jobs related to the construction of a dwelling located at n site to be determined (the "Project"), according to the plans and specifications to be provided by the City. ACC/ ACTS shall provide work crews in separa te classes . 2. A CC/ACTS shall {nstruct the Student Laborers in the construction trades' skills, which they will need in order to perform their tasks in the construction of the dwelling. ACC/ ACTS makes no representations that the Student Laborers will be skilled in the tasks they are asked lo perform by the City. (See attached Task List outlining responsibilities of the City and ACC/ACTS. 3. ACC/ACTS shall make available at the construction site for use by the Student Laborers in construction of the dwelling, hand and power tools, except those mentioned in Article 1-B . 3, as ACC/ACTS shall deem adequate in quality and quantity. To the extent that other equipment is needed for the Proj eel and is available without cost to ACC/ACTS, ACC/A;:,rs shall provide the equipment. All other equipm ent shall be the responsibility of the City. 4. Transpo·.1aticn will be the responsibility of the student laborers and/or school districts where applicable and provided. B. THE CITY : I. The City shall manag e and supervise the construction Project. The City shall obtai n all permits, licens es, insp rctions and certificates, b:ueprints and utilities (temporary service) . 2. The City shall pay the costs of all materials used on the Project, for all subcontractors other than ACC/ACTS and all other costs associated with the Project, except those which arc to be paid by ACC/ACTS as set forth in this Agreement. A 3. The City shall provide each Student Laborer with the following tools or acceptable substitute : Tool Belt -Atchison A427-SP, Framing Hammer Stanley-Sl649, Tape Measure-25 ' 33-425, Safety glasses UVEX S 129, Combination Square Stanley 46222, Chalk Line-Stanley47-051, Utility Knife-Stanley 10-299, Hard Hat-OSHA approved. The City shall not be respons ible for the replacement of any tools , which art los t or sto len. If the Student Laborer completes the course, he or she sha ll be all owed to keep any of the tools remaining in hi s or her possessio n. 4. The City sha ll contribute $30.00 per Student Laborer toward the cost of jackets for each Student Laborer. 5. The City shall have the right to object to the involvement or prevent the future involvement of any Student Laborer in the Project for failure to adhere to instructions of the City er its agents, violation of safety rules, and conduct which may be harmful to the City, any of its officers , directors , agents or invitees or to any other Student Laborer, or conduct which would constitute a misdemeanor or felony. Every effort will be made to see completion of the Project within one school year. 6. The City shall require that subcontractors, other tl1an ACC/ACTS, shall take rea sonable time to ex pl ain lhe work they are performing . It is expressly agreed th at lh ese exp lanati ons are merely incidental to the work to be performed by such subcontractors and arc to interfere as li ttle as pract ;ca blc with the sub co ntra.cto rs' oth er duties . ARTICLE II -LIABILITY A. ACC/ACTS through the Co nsmti um Districts shall maintain, at the District Member 's sole cost, adequate Workers' Compensation Insurance coverage for the Student Laborers, during all times during which Student Laborers are working on the Project. ACTS Consortium Districts shall provide evidence of insurance upon the expiration and renewal of any tenn of insurance or upon any change in Workers' Compensation Insurance coverage to ACTS Consortium Districts. B. The City will not hold ACC/ ACTS respon sible for products and completion insurance coverage. C. TI,e City shall maintain liability coverage for the Proj ect. D. ACC/ ACTS shall provide an accepta ble waiver of liability for ea o.!t.~tudent Laborer. E. All personal property belonging ACC/ACTS or lhe Student Laborers that is in or on lhe Project shall be there at the risk of ACC/ACTS . The City, its agent,, directors or employees shall not be liable for any damage thereto, unless such damage was caused directly by the City, its agents, directors or employees . The City shall not be responsible for providing security for a personal property left on tho job site by A CC/ACTS or the Student Laborers . ARTICLE m TERMINATION • • • • • • A. Either party may terminate this Agreement at any time upon 30 days written notice mailed or delivered to the address set forth above . The parties agree that prior to termination of this Agreement by this provision, tho parties shall meet or attempt to meet to resolve any dispute. Either party may, for any reason whatsoever, terminate this Agreement after any such meeting or attempted meeting pursuant to this provision . Neither party shall be liable to the other for any actual or perceived lack of good faith in attempting to resolve any dispute in accordance with this provision. B. In the event oftcnnination, the parties shall have no further obligation whatever under this Agreement and the Student Laborers may keep any tool belts and tools, which have been, supplied them. C. This Agreement may also be terminated if an acceptable site is not provided by the City by a date mutually acceptable to the parties . ARTICLE IV -EOUAL OPPORTUNITY ACC/ACTS shall adhere to all federal, state and local statutes, ordinances and regulations including, but not limited to, equal opportunities and civil rights laws . ARTICLE V -WANER No waiver of any provision of this Agreement shall be constI1.led to be a waiver of any subsequent breach of th e same or any other provision of this Agreement. ARTICLE YI -INTEGR -illQli Any and all prior agreements between the parties hereto with respect to the subject matter of this Agreement are hereby canceled and terminated. No amendments to this Agreement shall be made other than by a written amendment signed by all the parties . ARTICLE Vll -ATTORNEYS' FEES In tho event of •ny action or proceeding brought by either party against the other under this Agreement ,irevailing party shall be entitled to recover all expenses incurred therefore, including but not limited to, reasonable attorneys' fees. ARTICLE vm -GOVERNING LA w This Agreement is made and entered into in the State of Colorado, and shall in all ways be governed and constI1.led by the law of such State. ARTICLE IX -INDEXING All indexing set forth in the margin of this Agreement are intended for convenience only and shall not control or affect the meaning, construction or effect of this Agreement or of any ot' the provisions thereof . ARTICLE X -SEVERABILITY If any pro vision of this Agreement is adjudicated invalid or against public policy for any reason • by a court of competent jurisdiction, it is specifically intended that each and every provision not so invalidated shall remai n in full force and effect. ART ICLE XI HEIRS SUCCESSORS AND ASS IGNS ·n,is Agreement shall inure to th e benefit of and constit ute a binding obligati on upon the contract in g parties and their respective heirs, successors and assigns. ARAPAHOE COMMUNITY COLLEGE ~a~e: ,:/-1J ·r: l ARAPAHOE COMMUNITY COLLEGE By:a~~ Joseph A. Lor,~oller Date: 'I/It/If) CITY OF ENGLEWOOD By: ---------------Date : _____ _ Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk • • • • • CITY OF ENGLEWOOD Temp Service set All legals and land pennits Contractor License to Excavation Foundation Underground Plumbing Truss order Exterior (siding) Guttc-n Garage OH door HVAC Rough plumbing Rough electrical Insulation Drywall fini sh/texture Painting interior & exterior Ceramic tile Concrete drivc/wallc Cabinets & tops Finish plumbing Finish electrical Floor coverings Sprinklers/landscape Provide a boom truck if needed TASK LIST- ACC/ACTS CAREER AND TECHNICAL SCHOOL Back brace foundation Floor framing/subfloor Wall framing/Sheathing Roof Truss/Stick build Roof sheathing dry in Shingles (3 tab) Window/Exterior doors Hang drywall All Interior doors Closet shelves Case Base trim Windowsills Medicine cabinets Towel bars & T.P. Hardware Set appliances (no built in oven) • This task list can be adjusted by mutual agreement of the (2) parties should schedulinc require an adjustment • • • COUNCIL COMMUNICATION Date: Agenda Item : Subject: May 7, 2007 11 a Iii IGA between the City of Englewoo d and Arapat,.,e Community Colleg e - Initi ated By: I Staff Source: Community De velopment Department Janet Grimme tt, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council has passed various Ordinances since 2002 authorizi ng agreements wi th Arapahoe Community College/Area Ca reer and Technical School to build single fam ily residences at different locations within the City. RECOMMENDED ACTION Staff re~ommends Council approve a Bili for an Ordinance authorizing the execut ion of an Intergovernmental Agreement with Arapahoe Community College for the Area Career and Techni ca l School for th e sch ool year of 2007/2008 to build one single family residence in the 2400 block of South Zuni Street on one of the sites created through the resubdivisio n of land surrounding 2394 West Wesley Avenue. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood first became involved with the Ara nahoe Community College/ Area Career and Technical School (ACTS) dur ing 1985 when the principal of Col orado's Finest Alternat ive High School contacted City staff for assistance in expanding the building trades program . The ACTS program serves Ara~ 1hoe Community College and five sch ool districts including Englewoo d. Every student Is expose d to all of the building trades (i .e. framing, drywall, masonry, electrical, plumbing, HVAC, etc.). They learn to appreciate how each trade affects the other. Stu de nts are of all ages (men and women alike) and come from all backgrounds . City staff will act in tr.i, roll of the developer provi ding construction funds from the Housing Rehabilitation Fun ,1 (F Jnd 46). A site contractor will be hired to coordinate the day-to-day building acti vi ties with the I.' 'S instructor and students . The house will be sold after completion of the project and the pr c'<..0 eds returned to Fund 46. Community Development staff has selected the design of the house that the students will build durin g the school year. Attention was give n to selecting a design that supports a good quality level of materials, appropriate design for the ne ighborhood and community, and finally, a product that is marketable within the neighbe>rhood . The site for the 2007/2008 school year Is one of the lots being created on the 2400 block of South Zuni Street through the resubdlvlslon of land surro•Jndlng 2394 West Wesley Aven~e. Ad-:!resses • will be as~lgMd to the newly created sites upon completion of the resubdlvlslon process. The land Is already j wned by the City purchased with funds from the Housing Rehabilitation Fund . FINANCIAL IMPACT The existing employees in Community Development are available to administer the project and their salaries and benefits are part of the City's contribution. LIST OF ATTACHMENTS Proposed Bill for an Ordinance . • •