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Home My WebLink About2005 Ordinance No. 015• • • ORDINAN CE NO . /5 SER IES OF 2005 13 Y AUTHOR ITY CONTRACT. NO, l,ll/-Jb,o~ i c;,D-J.Co ~CoNsul+"Nf"r ~ I -.a. Oo . wtt-f,A./S .4U4.,,( COUNC IL BILL NO . 10 INTRODUCED 13Y COUNC IL MEMBER BRADSHAW AN OP.DINAN CE AUTHORIZ ING AN INTERGOVERNMENTAL AG REEM EN T BETW EEN ARAPAHOE r:OM MUN ITY COLLEGE /AREA CA REER AND TECHN ICA L SCHOOL AND THE CITY OF ENGLE WOOD PERTAINING TO THE BUILDING OF A SINGLE FAM ILY RES ID ENCE AT 2350 SOUTH ZUN I STREET , ENG LEWOOD, COLORA DO . WHERE AS, the Ci ty Co un ci l of th e Ci ty of Eng lewood has com mitt ed to reviewing op ti ons for housi ng and de vel oping a stra tegy to enhance dive rse housin g op ti ons in the commu nit y; and WHEREAS, th e Cit y al' Eng lewood became involved with Arapahoe Com munity Colle ge Arc a Caree r and Techn ica l School (ACTS) durin g 1985 when the principal of Co lorado's Fin es t Alte!'llativc High Sc hool contacted the Cit y fo r assis tance in expa nding th e buildi ng trad e!, program ; and WHEREAS , the ACTS progra m was able to offe r a tw o year Compre hensive Building Trades program for high schoo l stud ents and adult s to have a "hands-o n" experience in bu ild ing a home from the ground up th ro ughout th e sc ho ol :1car ; an d WHEREAS , City wi ll act in th e ro le of th e developer by prov iding construction funds from th e Housing Reh abi litation Fund an d a si te contractor will be hired to coordinate th e day -t o-day building ac ti vities with the ACTS in structor and stude nt~: an d WHEREAS , the si te , wit h house, will be so ld aflcr compl etio n of the proje ct and the proc eeds wi ll be returned 10 th e Hous ing Rehabi lit ation Fu nd ; NOW , THEREFORE, BE IT ORDA INED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD , COLO RADO AS FOLLOWS : ~. The Ci ty Co uncil of the City of Englewood , Co lorado hereb y auth ori zes the Intergovernmen tal Agree ment between th e Arapa hoe Comm unit y College /Arca Ca re er and Technical Schoo l and th e Ci ty of Englew ood , a co py of which is marked as •·E xhi bi t A" and att ached he reto . ~-The Mayo r and th e Cit , Cle rk arc hereb y auth ori ze d 10 sign and atte st sa i~ Int ergove rnm en tal Agreement on behalf of th e City of' Eng lewood. Intro duced , re ad in fu ll , and passed on fi rst reading on the 18th day of Apri l, 2005 . -1- Pu bi ished as a Bill for an Ordin ance on the 22nd da y o f April , 2005. Rea d by titl e an d pa sse d on fin al ,eadin g on th e 2nd da y o f May , 2005 . Pub lished by title as Ordi na nce No . i.'>, Seri es o f 20()1:, on th e 6" day o f May, 20054 . I, Loucrishia A . Ellis , City Cleek of the City of Englewood, Colorado, he reby certify that the above an d foregoing is a true COP)'..)lf the Ordina passed on final reacting and publi shed by title as Ordin anc e No .~. Seres of -2- • • • • • • AGREE:-,,IENT This Ag reement , made th is __ da y of ________ 2005, is be:ween the CITY OF ENGLEWOOD , COLORADO (the City), and the .-\R.-\PA HOE COMMUl!TY COLLEG E/AREA CAREER AND TECHNlCAL SCHOOL (ACC /ACTS) of 5900 So uth Santa Fe Drive -#AD 42 7, P. 0 . Bo, 9002 , Litt le to n. Co lorad o 801 60-9002 . WHEREAS , the City desires to assis t the students in the ACC/ACTS program 10 gain experience for thei r Co mp rehen sive Buildin~ Trade s ACTS clas ses; and WHEREAS, ACC /ACTS desires !O pro vide prac ti ca l on-th e-jo b expe rie nc e to Studen t Laborers regularl y enroll ed in its Comprehensive Bu ildi ng Trade s classes : NOW, THE REFORE, in cons i" ratio n of the mutua: promi ses mad e he re in the parties agree as follows: ARTICLE J DUTIES A . ACC/ACTS : I. ACC/ACTS shall provi de stu dent labo rers 10 pe rfo rm cons tru ction jobs rela ted 10 the co nstruct io n of a dwelling located at 2350 So uth Zu ni Street (the "Project"), according to the plans and specificatio ns to be pro vided by the City. ACC'ACTS shall provide wo rk cre ws in separate classes . 2. ACC / ACT S shall instruct the Student Laborers in the const ructio n trade s ' skill s, which th ey will need in order to pe rfo rm thei r tasks in the construction of the dwelling . ACC / ACTS makes no represent atio ns that the Student Laborers wi ll be skilled in the tasks thev are asked 10 perform by the City . (S ee attached Task List outlining responsibilities of the Cit y and .-\CC /ACTS . 3. ACC /AC TS shall make avai lable at the constrUcti on site fo r use by the Studem Labo rer s in cons truc tio n of the dwe llin g, hand and power tools, exce pt tho se menti oned in Article 1-B . 3, as ACC'AC TS shall dee m ade qu at e in qual ity 1nd quant ity. To the e"ent tha t other eq uipm en t is needed fo r tb e Project and is available w11ho ut cost to ACC /ACT S. ACC'ACTS shall provide the eq uipmen 1. All other equ ipment sha ll bo the responsib ility of the City. 4. Transport ati on wi ll be the respo nsibil ity of the student labo rers and/or s:hool di stricts where ap pl icab le and provided. B, THE CITY : \. The City shall manage and supe rvise the cons truct ion Pro ject. The Ctty shall obtain all pennits, licenses, inspc:ctions and certifica tes, bluepri nt s and utili ties (tempora ry service). 2. The City shall pay th e costs of all materials used on the Proje ct, fo r all su bc ontractors oth er than ACC /AC TS and all oth er costs associated with the Project, e,cept th ose which are 10 be paid by ACC /ACTS as set forth in 1h15 Agr et!mc nt. 3. I"'' Ci ty shall pro vide each Studen t La borer with the following too ls or acce ptable • sub sti tute: Tool Belt -Atchison A42 7-SP, Framing Hamm er Stanley -Sl649 , Tape Mea sure -25' 33-425 , Safety glasses UVEX S 129 , Combination Squa-e Stanley 462 22, Chalk Line -Stanley 47-051, Utility Knife -Stanley 10-299, Hard Hat- OSHA approved . The City shall not be re spon sible for the replacement of any tools , which arc lost or stolen . If the Student Laborer co mplete s the course, he or she shall be allowed to keep any of the tools rema ining in hi s or her po ssessio n. 4. The City shall contribute 530 .00 per Student Laborer toward the cost of jackets for each Student Laborer. 5. The City shall have the ri ght to object to the involvement or prevent the future involvement of any Student Laborer in the Project for failure to adhere to instruction s of the City or its ag•cts, violation of safety rules , and conduct which may be harmful to the City, any of its offi cers, dire r rn rs, agents or invitees or to any other Student Laborer, or conduct which wo1 ·titute a mi sdemeanor or felony. Every effort will be mad e to sec comp ! · Project within one schoo l yea r. 6 . The City shall require that subcontractors, other tha 1, .-\CTS , shall take reasonable time to explain the work the y are ~erformin g. It is express ly agreed that th ese explanations arc merely incidenta l to the work to be performed by such su bc ontracto rs and are to interfere as little as prncticable wi th the subcontractors ' other duties . ARTICLE IJ -LIABILITY A. ACC /ACTS through the Consortium Districts shall maintain , at the District Memb er '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 th e expiration and renewal of any term of insurance or up on an y change in \Vorkcrs ' Co mpensat io n Insura.nce cov erage to ACTS Consortium Di stricts . B. The City will not hold ACC/ACTS re sp un sible for product s and comp leti on insurance cuveragc. C. The City sh.u mainta in liab ;Ji ty co verage for the Project. D. ACC /ACTS shall pro vide an acceptable waiver of li ab il ity for eac h Student Laborer. E . All perso nal property belonging ACC /ACTS or the Studen t Lab orers th at is in or on the Project shall be there at the risk of ACC /ACTS . Th e City , its age nts, dire ctors or employees sha ii ii Ot Uc liab le for :my dam age thereto , unless such damage was cau sed directly by the Cit y, its agents, direct ors or employees . The City sh all not be re spon si ble for providing sec urit y for a personal prop erty left on the job si te by ACC / ACTS or the Student Laborers . A.RTICLE JU -TER\11NAT!ON A . Either party ma y terminate th is Agreement at any time up on 30 da ys written notice mailed or deli vered to the address set fonh above . Th e parti es agree that prior to termination of thi s Agreement by th is provision, th e parti es shall meet or attempt to • • • • • B. c. meet to re solve any dispulc. Either party may, fo r any reaso n whatsoever, terminate th is Agrc l~ment after any such meeting or attempted meeting pursuant to this provision. Neither party sha ll be liable to the oth er fo r an y actual or perc,.ived lack of good fa ith in attempting to re solve any di sput e in acco rda nce wi th this provision. In the eve nt of termination , th e parties shall have no further obligation whatever under <hi s Agreement and the Studenl Laborers ma y keep any 1001 belts and too ls, which ha ve been, supplied them . Thi s Agreemen, may also be terminated if an acce ptable si te is not provided by th e City by a date mutuall y acceptable 10 the parties . ARTICLE IV -EQUAL OPPORTUNITY ACC/ ACTS shall adhere 10 all federal , siate and local statute s, ordinances and regu lat io ns includin g, but not lim ited to , equal opportunitie s and civil rights law s. ARTICLE V -WAIVE 0, No waive r of any pro visi on of thi s Agreement shall be construed to be a waiver of any sub se quent breach of the same or any other provision of this Agreement. ARTICLE VI -INTEGRATION Any and all prior agrecmen<s between <he panics hereto with re spect 10 the subject matter of thi s Agree ment are hereb y cance1ed and termin ated . No amendments to thi s Agreement shall be made o<hcr than by a written amendment signed by all the part ie s. ARTI CLE VH -AIIORNEYS' FEES In the event of any action or pro cee ding brought by either party against the other under thi s Agreement the prevailin g part y shall be entit led to recove r all ex pen ses incurred therefore, including but not limited to , reasonabl e att orne ys' fees . ARTICLE VIII -GO VE RNING LAW This Agreement is made and entered int o in the State of Co lorado, and shall in all ways be governed and construed oy the law of such Slat e. ARTICLE IX -INDEXING All indexing set forth in the margin of Ibis Agreement are intend ed for co nvenience only and shall not co ntro l or affec t the meaning, co nstruction or effect of <his Ag reement or of any of the pro vis ions the reo f. ARTICLE X -SEVER:',BILITY If any pro visio n of thi s Agreement is adjudica,ed :nvai ,d or agains t public polic y for any reasoi: by a court of comp etent juri sdi ction, it is specificall y intended that each and every provis io n not so inva lid ated shall rem ai n in full forc e and effect. ARTICLE XJ -HEIRS SUCCESSORS AND ASSIGNS Thi s Agreeme nt shall inure 10 the benefit of and cons titute a binding obligation up on th e contracting partie s and their re spec tive heirs , successors and as signs . ARA?AHOE COMMUNITY COLLEG E/ ARI A CAREER AND TECHNICAL SCHOOL By : --'r1""""-tJ!I._V.....,(f,...,,J<d1 .... ~+=-u'1'1'-'------- Carol O'Brien , ACTS Direc tor ARAPAHOE COMMUNITY COLLEGE A~~ By. / 11.:. ~f Chief Financ:I Dffirn CITY OF ENGLEWOOD By: Douglas Garrell , Mayo r ATTEST: Loucrishia A. Ellis , City Clerk Date : 3./.1.t/!5" Dat e:ji?# Date : • • • • • • CITY OF ENGLEWOOD Temp Serv ice set All legals and land permits C .. mtractor License to Excavation Foundation Undergr0und Plumbing Truss order Exterior (s iding) Gutters Garage OH door !NAC Rough plumbing Rough electrical Insulation Drywall finish/texture Painting interior & exterior Ceramic tile Concrete drive/walk Cabinets & tops Finish plumbing Finish electrical Floor coverings Sprinkler s/landscape Provide a boom truck if needed TASK LIST* ACC/ACTS CAREER AND TECHNICAL SCHOOL Back brace foundation Floor framing/subfloor Wall framing/Sheathing RoofTruss/Sti ck build Roof sheathing dry in Shingles (3 tab) Window /Exterior doors Hang drywall All lnterinr doors Closet shelves Case Base trim Window sills Medicine cabinets Towel bars & T.P. Hardware Set appliances (no built in oven) • This task li st can be adjusted by mutual agreement of the (2) par1ies should scheduling require an adjustment