HomeMy WebLinkAbout2006 Ordinance No. 014•
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ORDINANCE NO. )i,_
SERIES OF 2006
BY AU THORITY
CONTRA<.,: N0,4-'f---~ bi
COUNCIL BILL NO . 15
INTRODUCED BY COUNC IL
MEMBER TOMASSO
AN ORD INANCE AUTHORIZING AN INTERGOVERNMENTAL AG REEMENT
BETWEEN ARAPAHOE COMMUN ITY COLLEGE /AREA CAREER AND
TECHNICAL SCHOOL AND THE C!TY CF ENGLEWOOD PERTA INING TO
THE BUILDING OF A SI NGLE FAMILY RESIDENCE AT 2360 SOUTH ZUNI
STREET. ENGLEWOOD, COLORADO .
WHEREAS, the Ci ty Counci l of the Ci ty of Englewood hos commillcd to reviewing
opti ons for housi ng and developing • strategy to cnhoncc diverse housing opti ons in th e
community ; and
WHEREAS, th e Ci ty of Englewood become invo lved with Arapa hoe Comm•,n!ty
College Arco Ca re er and Te chnical School 'ACTS) during 1985 when the prin c:pol of
Co lorad o·s Fi nes t Alternative High ~chool contacted th e City for assistance in
expanding the building trades progmm ; and
WHEREAS, the ACTS program was able to offe r • two yea r Compre hensive
Building Tra des program for lligh sc hoo l student s and adults to have a "hands-on"
experience in building a home fr om the ground up through ou t the schoo l yea r; and
WHEREAS, Ci ty will ac t in the ro le of th e developer by providing constrnction
fund s from the Housing Rehabilit ation Fund and • site co ntractor will be hired to
coordinate the day-to-day building activities wi th the ACTS instructor and student s; and
WHEREAS, the site, with hou se , will be so ld ofte r completion of th e proj ect and th e
proceeds will be returned to the Housing Rchobilit oti on Fund;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF
THE CITY OF ENG LEWO OD, CO LORADO, AS FOLLOWS ;
.smil!n..]. The Cit y Cou ncil of th e Ci ty of Engl ewood. Co lo rado hereby
author iz es th e Int ergovernmental Agreement between the Arapahoe Co mmu ni ty
Co ll ege /Arca Career and Tcchnico! School and the Ci ty of Englewood, a copy of
which is marked as "Ex hibit A" and all ached hereto.
~-The Mayor and th e Cit y Cle rk arc hereby au th orized to sig n and allcst
said ln tcr~ovcmmcntol Agreement on behalf of th e Cit y of Englewoo d.
Int rod uced, read in full, and passed on first reading on th e Isl day of Moy, 2006 .
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Published as a Bill for an Ordinance on 1hc 121h day of May , 2006 .
Read by lillc and passed on final reading on 1hc 51h day of June , 2006 .
Published by lillc as Ordinance No . li., Series of 2006 , on lhc 91h day of June,
2006 .
I, Loucrishia A. Ellis, Ci1y Clerk of lhc Ci1y of Englewood, Colorado, hereby
certify 1ha11hc above and foregoing is a 1ruc COe)lf'f 1hc Ordinance passed on final
reading and published by lille as Ordinance No .r.:t:,_, Seri s of 6.
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AGREEMENT
This Ag reement, made this __ day of =-,---,-----,,-,--,-:-,-;:--:--2006, is between th e
CITY OF ENGLEWOOD, COLORADO (th e Cit y), and the ARAPAHOE COMMUN ITY
<:O LLEG E/AREA CAREER AN D TECHNICAL SCHOOL (ACCIACTS) of 5900 South Sa nta
~e Drive -#A D 427, P. 0 . Box 9002 , Littleton, Colorad o 80 160 -90 02.
WHEREAS, th e Cit y des ires to assis t th e stud ents in the ACC/ACi'S program to gain
exper ience for their Comprehensive Bu il ding Trades ACTS classes; and
WHEREAS, ACC /ACTS de sires lo provide practical on-th e-job experience lo Stud ent
Labore rs regu larly enro ll ed in it s Comprchcns'.vC' Building Trade s classes;
NOW , TH EREFORE, in cons ideration of the mutu al promises made herein the parties
agree as follows:
AR TICLE I -DUTIES
A. A CC/ACTS:
I. ACC /ACTS sha ll prov id e stud ent laborers lo perform construct ion jobs relat ed to
the construc tion of a dw elling located at 2360 Sou th Zuni Street (the "Project"),
according to the plans and speci fi catio ns to be provided by th e City. ACC/ACTS
sha ll prov id e work crews in sepa rate classes.
2. ACC/ACTS shall in struct the Student Laborers in the cons tru cti on trades ' sk ills,
whic h they wi ll ne ed in order to perform their tasks in th e cons tructi on of th e
dwe ll ing. ACC / ACTS mak es no rep rese ntat ions th at th e Studen t Laborers wi ll be
sk illed in the ta sks they are asked to perform by the City . (See attached Task Li st
out linin g res pons ibiliti es of th e City and A CC/ACTS.
3. ACC/ACTS sha ll make avai la ble at th e constru ction si te for use by the Student
Laborers in con stru ctio n of the dwe ll ing, hand and power tools, exc ept th ose
mentioned in Article 1-B. 3, as ACC/ACTS sha ll deem adequate in qua lit y and
quantit y. T~ th e extent th at othe r equipm en t is uec ucd fo r th e Project and is
ava ilable with out cost lo ACC/AC TS , ACC/ACTS sha ll provide th e equipment. All
ot her equip ment shall be the responsibility of th e City .
4. Transporln tion will be the respo nsibil ity of th e stud ent laborers and/or school
dis tri cts where applicable and provided ,
B. THE CITY :
I. The Ci ty shall manage and su pe rvise the conslrnclion Project. The City sha ll
obtain all permit s, licenses, inspections and certificates, blueprints and utiliti es
(temp orary service).
2. The City shall pay the cos ts of all mat erials used on the Project, for all
su bcon tra ctors other than ACC /ACTS and all other costs associa ted wi th the
Project, except th ose whi ch are lo be paid by ACC/ACTS as set forth in this
Agreeme nt.
3. The City shall provide each Student Laborer with tl1e following tools or acceptable
substitute: Tool Belt -Atchison A427-SP, Framing Hammer Stanley -SJ649 , Tape
Measure -25' 33-425, Safety glasses UVEX S 129, Combination Square Stanley
46222, Chalk Line -Stanley 47-051, Utility Knife -Stanley 10-299, Hard Hat-
OSHA approve d, The City sha ll not be responsible for the rcplaccmcnl of any
tools, which arc lost or stolen. If the Student Laborer completes the course, he or
she shall be allowed lo keep any of the tools remsining in his or her possession .
4. The City shall contribute $30.00 per Student Laborer toward the cost of jackets for
each Student LaboreL
5. The City shall have the right to object to the involvement or preve nt the future
involvement of any Student Laborer in the Project for failure to adhere to
instructions of tl1e City or its agents, violation of safety JUie s, and conduct which
may be harmful to the City, any of its officers, directors, agents or invi te es or to
any 0U1cr Student Laborer, or connuct wh ich would constitute a misdem ea nor or
felony. Every effort will be made to sec completion of tl1c Project within one
school year.
6. The City shall require that subcontractors, other than ACC/ACTS, shall take
reasonable time to explain the work they are performing. It is expressly agreed
that these exp lanations arc merely incidental to the work to be performed by such
subcontractors an d are to interfere as little as practicable with th e subcontractors'
other duties .
ARTICLE II -LIABILITY
A. ACC/ACTS through the Consortium Dis tri cts 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 oi insurance upon the expiration and
renewa l of any tcm1 of insurance or upon any change in Workers' Compensation
Insurance coverage lo ACTS Consortium Districts .
B. The City will not hold ACC/ACTS responsible for products and completion insurance
coverage .
C. The City sha ll maint ai n liability coverage for the Project.
D. ACC/ACTS shall provide an acceptable waiver of liability for each Student Laborer.
E . All personal property belonging ACC/ACTS or the Student Laborers that is in or on the
Prnject sha ll be there at the risk of ACC/ACTS. The City, its agents, directors or
employees sha ll not be liable for any damage tl1erelo, unless such damage was caused
directly by the City, its agents, directors or employees. The City shall not be
responsib le for providing security for a personal property left on the job site by
ACC/ACTS or ,he Student Laborers.
ARTICLE Ill -TERMINATION
A. Either party may terminate th is A~reemenl at any time upon 30 days written notice
mailed or delivered to the address S<'. forth above , The parties agree that prior to
lcrminatior of this Agreement by this provision, th e part ies shall meet or attempt to
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B.
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meet to resolve any dispute . Either party may, for any reaso n what soever , terminate
this Agreement after any such meeting or attempted meeting pursuant to this
provision . Neither party shell be lia ble to the other for any actual or perceived lnck of
good faith in attempting to resolve any disput e in accordance with this provision.
Ill the event of termim1ti on1 the pal'tics shall have no funhcr obligation whatever unde r
this Agreement and the Student Lab orers :n ay keep any too l belts and tools, which have
been, supplied them .
This Agreement may also be ter minated if an acceptable site is not provid ed by th e
City by a date mutu all y accep tab le to the parties.
h..!UELE IV -EQUA L OPPORT UN ITY
ACC/ACTS shall adhere to all federal, state and loca l statut es , ordinances and regu la tions
in c luding, but not limit ed to, equal oppo rtunitie s and civil righls laws.
ARTICLE V -WAIVER
No waiver of any provision of this Agreement shall be construed to be a waiver of any
sub sequ ent bre ac h of the sa me or any other prov ision of th is Agreement.
ART ICLE VJ -INT EGRA TION
Any and all pri or agreements between the parties hereto with res pe ct to the subje ct matter of
th is Agreement are hereby ca nce led and terminat ed. No amendm ent s to th is Ag reeme nt shall
be made other th an by a written amendment signed by all th e parties.
ARTICLE VII -ATT OR NEYS' FEES
In the ev ent of any action or proCC',ding brought by either party aga in st the other under this
Agreement the prev ailing party shall be entitled to recover all expen ses incurred therefore ,
in cluding but not limited to, reasonable attorneys' fees.
ARTICLE Vlll -GOVERNING LAW
This Agreement is made aud entered into in the Stntc of Co lorndo , and shall in all , ,ys be
governed nnd construed by the law of such Stat e.
ART ICLE JX -IND EX ING
All indexing set forlh in the margin of this Agree ment are int ended for conveni ~nc e only nnd
shall not control or affect the meaning, construction or effe ct of this Agreem ent or of any
of th e provisions thereof.
ARTICLE X SEVERABILITY
If any provision of this Agreement is ndjudicatd invnlid or against public policy for any
reason by a court of competent jurisdiction, it is specifically intended that each nnd every
provision not so invalidated shall remain in full force and effect.
ARTICLE XI-HEIRS SUCCESSORS AND ASSJQNS
This Agreement shall inure to the benefit of and constitute a binding ohligation upon tl1e
contracting partie s an d their respective heirs, successors and assigns.
ARAPAHOE COMMUNITY COLLEGE
ARAPAHOE COMMUNITY COLLEGE
By :
CITY OF ENGLEWOOD
By: --------------Date : _____ _
Olga Wolosyn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
TASK LIST'
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CITY OF ENGLEWOOD
Temp Service set
All legals and land permits
Contractor License to Ex c~v ntion
Foundation
Underground Plumbing
Tru ss order
Exte rior (siding)
Gutters
Gara ge OH doo r
HVAC
Rough plumbing
Rough electrical
Insulation
Dryw all finish/te xture
Painting interior & exterior
Ceramic tile
Concrete ddve/walk
Cabinets & tops
Finish plumbing
Fir ish el ectric al
Floor coverings
Sprinklers/landscape
Pro vide a boom tru ck if needed
ACC/ACTS CAREER AND
TECHNICAL SCHOOL
Back brace foui <ation
Floor framing/subfloo r
Wall framing/Sheathing
Roof Tru ss/Stick build
Roof sheathing dry in
Shingles (3 tab)
Window/Exterior doors
Hang drywall
All Interior doors
Clo set shelves
Case Base trim
Window sills
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) parti es should scheduling
require an adjustment
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COUNCIL COMMUNICATION
Date: Ager ;ll lte1n: Subject :
May 1, 2006 11 a V IGA to Build Residence at 2360 South Zuni Street
During 2006/2007 School Year
Initiated By: I Staff Source :
Community Deve l opment De pa rtm ent lan et Grimmett, Housing Finance Specialist
COUNCIL GOAL AND PtlEVIOUS COUNCIL ACTION
Council has passed va rious Ordinances sin ce 2002 au th orizi ng agreements with Arapahoe
Community College fo r th e A rea Career and Technical School to build a single-family residence at
different loca tions wi th in th e City of En glewood.
RECOMMENDED ACTION
Th e Community Development D epartme nt recommends Co uncil adopt a Bill fo r an Ordinance
auth oriz in g th e exe cuti o n of an Intergovernmental Agreem ent w ith Arapahoe Community College
for the Area Career and Techn ica l School for th e school 1•ear of 2006n oo 7 to b uild one single•
family residence at 2360 South Z uni Street, one of the si tes c reat ed through the resubdivisi on of
land surrounding 2399 West Wesley Ave nue.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Th e City of Englewood first beca me involve d with th e Arapahoe Community Coll ege/Area Caretr
and Tec h nical School (ACTS) during 1985 when th e principa l of Co lorado's Finest Alternative High
School con tacted City staff fo r assistance in expanding th e building trades program.
The ACTS program serves Arapahoe Community College and five sc hool districts including
Englewood. Ev ery student is exposed to all of ;:,. building trades (i .e. framing, drywall, masonry,
electri ca l, plumbing, HVAC, etc.). Th ey lea rn to apprecia te how each trade affect; th e C'ther.
Students are of all ages (men and women alike) and come from all backgrounds.
City staff w ill ac t in th e roll of the deve lop~, providing constructi o n funds from the Housing
Rehabilitation Fund (Fund 46). A sit e contractor will be hired to coordin ate the da1••to-day building
activities with the ACTS instructor and students. The house will be sold after completion of th e
project and th e proceeds retmn ed to Fund 46 .
Community Deve lopment staff w ill finalize the design of the house that the students will build
during the school yea r. Attenti on w ill be given to sel ecti ng a design that supports a good quality
level of materials, appropriate design for the nei ghborhood and community and, finally, a product
• that is marketable within the neighborhood.
The site for the 2006/2007 school year will be one of the lots created through the resubdlvlsion of •
land surrounding 2399 We~t Wesley Avenue . The land Is already owned by the City purchased
with funds from the Housing Rehabilitation Fund .
FINANCIAL IMPACT
The existing employees in Communi ty De ve lopment are available to administer the project and
their salaries and benefits are part of the City's contribution.
LIST OF ATTACHMENTS
Bill for an Ordinan ce
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