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HomeMy WebLinkAbout2003 Ordinance No. 036• • • ORDINANCE N SERIES OF 2003 BY AUTHORITY CON'11L\C I' NO, 4-1-.,t,,o3 COUNC IL BILL NO. 29 INTRODUCED BY COUNC IL MEM BER BRAD SHAW AN ORDINANCE AUTHORIZING AN INTERGOVERNM ENTA L AGREEMENT BETWEEN ARAPAHOE COMMUNITY COLLEGE/A VS CAREER AND TECHNICAL SCHOOL AND THE CITY OF ENGL :3 WOOD PERTAINING TO THE BUILDING OF A SINGLE FAMILY RESIDENCE AT A SITE TO BE DETERMINED . WHEREAS , the City Council of the City of Englewood has committed to rev iewing options for housing and developing a strategy to enhance di verse housi ng options in the community; and WHEREAS , the City of Eng lcwoorl b,came involved with Arapahoe Community College A VS Caree r and Techni ca l School {A VS) during 1985 when the principal of Colorado's Fines t Alternative High School contacted the City for ass ist ance in expanding the bui lding trades program; and WHEREAS , the AV~ program was able to offer a two year Comprehensive Building Trades program for high school students and adults to hnve a "hands-on" experience in building a home from the ground up throughout the school year; an,' WHEREAS , City will act in the role of the developer by pro vi ding constructi on funds from the Hou sin g Rehabilitati on Fund and a site contractor will be hired to coordinate the day-to -day bui lding act iviti es with the A VS instructor and students; and WHEREAS, the site, with house , will be sold after completion of the project and the proceeds will be return ed to the Housing Rehabi litation Fund; NO W, THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I. The City Co uncil of the City of Engle wood , Col orado hereby au th orizes the Int ergovernmental Agreement entitl ed "Agreem ent " between Arapahoe Commun ity Co llege/A VS Ca reer and Techni ca l Sch oo l and the City of Englewood, a copy of which is marked as "Ex hibit A" and attached hereto. Section 2. The Mayor and the Ci ty Clerk arc hereby au th ori ze d to sign and atte st said Intergovernmenta l A1•,reemcnt on behalf of the City of Englewood. Introduced, read in full , and pa ssed on fi rs t reading on the 5th da y of May, 2003 . -1- 10 b iii Publi she~ as a Bill for an Ordinance on th e 9th day of May , 2003. Read by title and pa ssed on final reading on the I 9ili day of May , 2003. Publi shed by title as Ordinance No .-~' Series of 2003 , on the 23"' day of May , 2003 . I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado , hereby cenify that the above and foregoing is a true.;)lPY of the Ordinance passed I al reading and published by title as Ordinance No .~ Series of 2003. -2- • • • • • AGREEMENT This Agreemen t, made thi s __ day of ~--,--~-=~~2003 , is between the C ITY OF ENGLEWOOD, COLORADO (th e City ), and the ARAPAHOE COMMUNITY COLLEGE A VS CAREER AND TECHNICAL SCHOOL (ACC/A VS ; of 5900 Soutl1 Santa Fe Drive, P. 0 . Box 9002, Liulcton, Co lorado 80 160-9002. WHERE,\S, the C ity desires to as sist the students in the ACC/A VS program to cain experien ce for their Comprehensive Building Trades A VS classes ; and WHEREAS, ACC/AVS desires to provide practical on-the-job experience to Student Laborers regu larly enrolled in it s Comprehensive Building Trades classes; NOW, THEREFORE, in consideration of the mutual promises made herein the parties agree as follow s: ARTICLE I -DUTIES A . ACC/AVS : I. ACC/A VS shall provide student lab orers to perform construction jobs related to the construc tion of a dwelling located at a site to be determined (the "Project"), according to the plans and specifications to be provided by the City. ACC/A VS shall provide work crews in sepa rate classes . 2 . ACC/AVS shall instruct the Student Laborers in the construction trades' ski lls , which they will need in order to perform th ei r tasks in the construction of the dwelling. ACC/A VS makes no representations that the Student Laborers will be skilled in the tasks they are asked to perform by the City. (Sec attached Task Li st outl ining re spon sibilities of the City and ACC/A VS . 3. ACC/AVS sha ll make availab le at the construction site for use by the Student Laborers in construction of the dwelling, hand and power tool s, except those mentioned in Artic le 1-B . 3, as ACC/A VS shall deem adequate in quality and quantity . To the ex tent that other equipment is needed for the Project and is available without cost to ACC / A VS, ACC/ A VS shall provide the equipment. All other equipment shall be the re spon sibi lity of the City. 4. Trans portation will be the responsibility of the student laborers and/or scho ol di strict s where app li ca ble and provi ded. B. THE C ITY : I. The Ci ty shall manage and supervise the construction Project. The City shall ob tain all pc!Jllils , licen ses, inspections and certificates, blueprints and utiliti es (temporary ·,ervicc). 2. The City shall pay the costs of all materials used on the Project, for all subcontractors other than ACC/AVS and all other costs associated with the Proj ec t, except th ose whi ch arc to be paid by ACC/AVS as set forth in this Agreement. 3. The City shall provide each Srudcnt Laborer with the following too ls or acce plable sub stillllc : Tool Belt -Atchison A427-SP, framing Hammer S1anlcy -Sl649 , Tape Measure-25' 33-425, Safety glasses UVEX S 129 , Combinati on Square S1anlcy 46222, Chalk Line -Slanley 47 -05 1, Utility Knife -Stanley 10-299 , Hard Hat- OSHA approved. The City shall not be responsible for the replacement of any tools , which are lo st or stolen. If 1he Srudent Laborer compleles lhe course, he or she shall be allowed to keep any of the tools remaining in his or her possess ion . 4. The City shall contribute $30.00 per Student Laborer loward 1he cost of jackels for eaah Srudent Laborer. 5 . The City shall have the right to object to the involvement or prevent lhe fulllrc involvemenl of any Student Laborer in the Project for failure to adhere to instructions of the City or 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 constilllte a misdemeanor or felony . Every effort will be made to see completion of the Proj ect within one school year. 6. The City shall require that subcontractors, other than ACC/AVS, sh all take reasonable time to explain the work they are performing. It is expressly agreed !hat these explanations are merely incidental to the work to be performed by such subcontractors and arc to interfere as little as practicable with the subcontractors' other duties. ARTICLE II -LIABILITY A. ACC/A VS through the Consortium 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. A VS Consortium Districts shall provide evidence of insurance upon the expiration and renewal of any term of insurance or upon any change in Workers' Compensation Insurance coverage to A VS Consortium Districts. B. The City will not hold ACC/A VS responsible for products and completion insurance coverage . C. The City shall maintain liability coverage for the Project. D. ACC/AVS shall provide an acceptable waiver of liability for each Srudent Laborer. E. All personal property belonging ACC/AVS or the Srudent Laborers that is in or on the Project shall be there at the risk of ACC/AVS. The City, its agents, directors or employees shall not be liable for any damage thereto, unless such dama ge was caused directly by 1he City, its agents, directors or employees. The City shall nol be responsible for providing security for a persona l property left on the job si lc by ACCI A VS or the Srudcnt Laborers. ARTICLE Ill -TERMINATION A. Ei1hcr party may lcrminatc lhis Agreement at any lime upon 30 days written no lice mailed or delivered to lhc address se t forth above. The parties agree that prior to lerminati on of 1his Agreement by this provision . lhc parties shall meet or attempt lo meet 10 re solve any dispute. Ei ther party may , for any rea so n whatsoever, termin ate • • • • • • B. C. 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 . In the event of termination, 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 . 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/AVS 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 W AIYER No waiver of any provision of this Agreement shall be construed to be a waiver of any subsequent breach of the same or any other provision of this Agreement. ARTICLE YI -INTEGRATION 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 YII -AJTORNEYS' FEES In the event of any action or proceeding brought by either party against the other under this Agreement the prevailing 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 construed 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 of the provisions thereof. ARTICLE X SEVERABILITY If any provision of this Agreement is adjudicated in valid or again st public policy for any reason by a court of competent jurisdiction, it is specifically intended that each and every provision not so invalidated shall remain in full force and effect. ARTICLE XI -HEIRS SUCCESSORS AND ASSIGNS This Agreement shall inure lo the benefit of and constitute a binding obligation upon the contracti ng pani cs and their respective heirs, successors and assigns. ARAPA HOE COMMUNJTY COLLEGE/ A VS CAREE R AND TECHNICAL SCHOOL By : ___._d-+-W~~ L~· -- Carol O'Brien, AVS Director ARAPAHOE COMMUNITY COLLEGE ARAPAHOE COMMUNJTY COLLEGE CITY OF ENGLEWOOD By:--------------Date: ____ _ Beverly J. Bradshaw , Mayor ATTEST : Loucri shia A. Elli s, City Clerk • • • • • • CITY OF ENGLEWOOD Temp Service set All legals and land permits Contractor License to Excavation Foundation Underground Plumbing Truss order Exterior (siding) Gutters Garage OH door HVAC Rough plumbing Rough electrical Insulation Drywall finish/te xture Painting interior & exterior Ceramic tile Concrete drive/wallc Cabinets & tops Finish plumbing Finish electrical Floor coverings Sprinklers/landscape Provide a boom truck if needed TASK LIST* ACC/AVS CAREER AND TECHNICAL SCHOOL Back brace foundation Floor framing/subfloor Wall framing/Sheathing RoofTruss/Stick build Roof sheathing dry in Shingles (3 tab) Window/Exterior doors Hang drywall All Interior doors Closet 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) parties sbould scheduling require an adjustment • • • COUNCIL COMMUNICATION DA TE : May 5, 2003 A GE N D A ITEM SUB JECT: Intergove rnm en tal lOai Ag ree ment : th e City & Arapahoe Co mmunity College INITIATED BY : Community Development STAFF SOURCE: Janet Grimmett, Housing Finan ce Specialist COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION: Council passed Ordinance No. 25, Series of 2002, authorizing an agreement with Arapahoe Communi ty College/AVS Career and Tec hnica l School to build a sing le fami ly res id ence at 2 133 W . Wesley Avenue during the 20 02 -2003 schoo l year. RECOMMENDED ACTION: Approve a Bill for an Ordinance authorizing th e execution of an Inte rgovernmental Agree ment with Arapahoe Community Co ll ege for the AVS Career and Techni ca l School for the school year of 2003 /2004 to build one single family residen ce at a si te yet to be determined. BACKGROUND. ANALYSIS. ANO ALTERNATIVES IDENTIFIED : Th e City of Englewood first became in volve d with the Arapahoe Community Coll ege AVS Career and Technical Schoo l (AVS) during 1985 when the principal of Colorado's Fir.est Alterna ti ve High School conta cted City staff fo r assis tan ce in expa ndin g th e bui ld ing traues program. The AVS program serves Arapahoe Community College an d fiv e sc hools di stricts, including En glewood. Every stude nt is ex posed to all of the building trades (i.e . fram in g, drywall , maso nry, elec trical, plumbing, HVAC, etc .). Th ey lea rn co ap precia te how eac h trade affec ts the ot her. Studen ts are of all ag es (men and women alike) and co,ne from all bac kgrounds . City staff w ill ac t in the rol e of the developer prov iding constru ction funds from th e H ousin g Rehabilitati o n Fund (Fund 46). A site co ntrac tor will be hired to coo rdinate the day-to-day building ac ti vi ti es with th e AVS instructor and stude nts . Th e house w ill be sold aft er co mpletion of the proj ec t and th e proceeds return ed to Fund 46 . Community Development staff will design the house that the students will build during the • school year . Attention will be given to selecting a design that supports a good quality level of materials, appropriate design for the neighborhood and community, and finally, a product that is marketable within the neighborood . The site for the 2003 -2004 school year will be located at a site currently under negotiations . Proceeds to purchase the site will be provided from the Housing Rehabilitation Fund. Staff will forward a contract for Council 's approval upon successful site negotiations . FINANCIAL IMPACT: The existing employees in Community Development are available tc: administer the pro;~ct and their salaries and benefits are part of the City's contribution . LIST OF ATTACHMENTS: Bill for an Ordinance. • •