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Home My WebLink About000878 Original Contract City of Port Angeles Record #000878 GRANT PROGRAM AGREEMENT BETWEEN City of Port Angeles and Sara Dutrow for Olympic Veterinary Clinic This Agreement is made between the City of Port Angeles (hereinafter referred to as the "City") and Sara Dutrow for Olympic Veterinary Clinic (hereinafter collectively called the Grantee) for the facade improvement project described in this document and its attachments (herein called the Project). WHEREAS, the City allocated Community Development Block Grant (CDBG) program income to a fagade improvement and rehabilitation grant program, which is CDBG-eligible activity; and WHEREAS, the City has awarded a grant to reimburse a part of the costs of fagade improvements for the property located at 1331 East Front Street, Port Angeles; Parcel Number 06300531491; and WHEREAS, the Grantee has agreed to perform the work to improve the facade of the above described property; NOW, THEREFORE, the City and Grantee do mutually agree to the following terms and conditions regarding the above mentioned property to be improved using City funds through the Facade Grant Program: 1. SCOPE OF SERVICES The Grantee will complete in a satisfactory and proper manner as determined by the City the work described in the Project Overview that is attached hereto, marked as Attachment A, and incorporated herein by reference. A listing of detailed project tasks is marked as Attachment B, and incorporated herein by reference. 2. GRANTEE'S OBLIGATIONS The Grantee warrants that she is the owner of the above property or has written permission from the Owner of the property to authorize the proposed improvements described in Attachment B. The effective date of this agreement will be the date the parties sign. Grantee agrees to complete work described in the attached Plans and Specifications within ONE HUNDRED EIGHTY (180) days after the effective date. In the event the Director of Community and Economic Development finds that the Grantee has prosecuted the work with reasonable diligence but, due to factors beyond its reasonable control, the Grantee is unable to complete the work within 180 days, the City Manager is authorized to extend the time to complete the work. .......... .......... ... ..... ........... All facade improvements shall be consistent with zoning and building codes currently in effect for the City. The Grantee shall assure that any permit or review necessary under City Ordinance shall be approved before the work on the fad ade improvement begins. The Grantee shall be responsible for the construction and management of the entire project. If the fagade improvements are maintained for at least five years, the Grantee is not obligated to repay any part of the grant to the CITY. If the fagade improvements are not maintained for at least five years, the Grantee shall immediately repay to the CITY the amount of the grant, less 20% of the amount for each year the fagade improvements were maintained. 3. BUDGET The City will reimburse to the Grantee the amount of 50% or $10,000, whichever is less, for eligible incurred costs and expenses for the Project according to the budget shown on the Attachment B. Only the work that is outlined in Attachments A & B will be eligible for reimbursement. It is understood that this agreement is funded with CDBG program income funds. The Grantee acknowledges and agrees that the funds must be used only for CDBG-eligible expenditures. 4. PAYMENT Disbursement of funds shall be made only after the Project is complete and certified by City staff to be in compliance with the approved design. The work must also adhere to any required inspections before funds are disbursed for reimbursement. All documentation for payment must be provided at one time to the City for one payout, and the receipts must be provided no later than six (6) months after the application has been approved or as stipulated in the request for an extension. Payment will be made to the Grantee by the City within four weeks after City deems all Project costs and documentation to be complete. Payment shall be made only to the Grantee. The Grantee's submission must include itemized invoices detailing the work completed and materials purchased, with proof that payments in full have been made to Contractors and vendors, if applicable. Grantee acknowledges, and agrees to inform its Contractor, that the City has no obligation to pay the Contractor for work performed for the Grantee under this Program. This agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party shall have any claim or right of action hereunder for any cause whatsoever. Unless otherwise agreed to in writing by both parties, the Grantee's total reimbursement under this agreement, including labor and materials, shall not exceed the maximum sum of$10,000.00. The budget for labor and materials is found in Attachment B. Budgets for each line item may be modified upon mutual agreement between the two parties, but in any event, the total payment to Grantee shall not exceed $10,000.00. 5. GENERAL CONDITIONS A. General Compliance. The Grantee agrees to comply with all applicable Federal, state and local laws, regulations, and policies, governing the funds provided under this agreement. - 2 - ti B. Independent Contractor. Nothing contained in this agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Grantee will at all times remain an "independent contractor" with respect to the services to be performed under this agreement. The City will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Grantee is an independent contractor. C. Hold Harmless. The Grantee will hold harmless, defend and indemnify the City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Grantee's performance or nonperformance of the services or subject matter called for in this agreement. D. Workers' Compensation. The Grantee will provide Workers' Compensation Insurance Coverage for all of its employees involved in the performance of this agreement. E. Contract with Contractor. Each contractor who is performing the work approved for this Project shall have a valid State of Washington Contractor's License. F. Labor Code/Prevailing Wage. Grantee acknowledges and agrees that the Grantee's improvements to be constructed with the proceeds of the grant constitute construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds. Grantee shall comply with all requirements of applicable federal, state and local laws and regulations pertaining to labor standards and payment of prevailing wages (collectively, "Prevailing Wage Laws"). Grantee shall (i) require its contractors and subcontractors to submit certified copies of payroll records to Grantee; (ii) maintain complete copies of such certified payroll records; and(iii) make such records available to City and its designees for inspection and copying during regular business hours. Grantee shall defend, indemnify and hold harmless the City and its officers, employees, volunteers, agents and representatives from and against any and all present and future claims, arising out of or in any way connected with Grantee's obligation to comply with all Prevailing Wage Laws, including all claims that may be made by contractors, subcontractors or other third party claimants. G. Fundim4 Source Recognition. The Grantee will insure recognition of the roles of the City in providing services through this agreement. H. Suspension or Termination. The City may suspend or terminate this agreement if the Grantee materially fails to comply with any terms of this agreement, which include (but are not limited to) the following: • Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, guidelines,policies or directives as may become applicable at any time; ® Failure, for any reason, of the Grantee to fulfill in a timely and proper manner its obligations under this Agreement; or Submission by the Grantee to the City of reports that are incorrect or incomplete in any material respect. - 3 - 6. ADMINISTRATIVE REQUIREMENTS A. Financial Management Accounting_Standards. The Grantee agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Documentation and Record Keepin . The Grantee will maintain thorough records pertinent to the activities to be funded under this agreement, including records adequate to document that the funds were expended on CDBG-eligible activities. C. Access to Records and Retention. All such records and all other records pertinent to the work undertaken under this agreement will be retained by the Grantee for a period of six years after the City's final audit of Project, unless a longer period is required to resolve audit findings or litigation. In such cases, the City will request a longer period of record retention. D. Audits and Inspections. All Grantee records with respect to any matters covered by this Agreement will be made available to the City and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports inust be fully cleared by the Grantee within 30 days after receipt by the Grantee. Failure of the Grantee to comply with the above audit requirements will constitute a violation of this agreement and may result in the withholding of future payments. E. Reporting. The Grantee, at such times and in such forms as the City may require, will furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this agreement. 7. SEVERABILITY If any provision of this agreement is held invalid, the remainder of the agreement will not be affected thereby and all other parts of this agreement will nevertheless be in full force and effect. 8. PERFORMANCE WAIVER The City's failure to act with respect to a breach by the Grantee does not waive its right to act with respect to subsequent or similar breaches. The failure of the City to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 9. ENTIRE AGREEMENT This document states the entire agreement between the City and the Grantee for the use of funds received under this agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the City and the Grantee with respect to this agreement. IN WITNESS WHEREOF, the City and the Grantee have executed this agreement as of the date and year last written below, - 4 - CITY OF PORT ANGELES GRANTEE: Sara Dutrow for Olympic Veterinary Clinic By: By: Title:—Uji riA Title:Le Date:— t Date: Approved as to form: William E. Bloor, City Attorney Attachments: A–Project Overview B– Scope of Work and Budget ATTACHMENT A - PROJECT OVERVIEW Grantee: Olympic Veterinary Clinic Grant No. 15-03a Section A. Brief Description Funds will enable upgrade to the building facade located at 1331 East Front Street, Port Angeles, in the Cit 's Commercial Arterial (CA), and provide funds for replacement materials and labor. Improvements to the landscaping along the Front Street property, installation of Budget lighting, painting of a mural and replacing signage along fagade of the building. Cate qo�y_ 2 1 AGeneral This project will result in development of the parking lot landscaping and a Admin. fenced area along the Front Street property line, installation of goose neck lighting above the fagade signage, and paint a mural along the building facade. All project elements and estimated budget amounts are available in Attachment C. - 5 - ATTACHMENT B - SCOPE OF WORK AND BUDGET Grantee: Sara Dutrow for Olympic Veterinary Clinic Grant No. 15-03a Section C: Project Schedule and Budget Budget Project Activities Project Applicant's City Category Totals Contribution Contribution 2 1 AGeneralAdmin Landscape Materials $ 7,540.00 Landscape Labor $ 9,634.50 Mural Materials $ 2,377.85 Mural Labor $ 2,135.50 Lighting M&L $ 5,150.00 Consulting Labor $ 525.00 Total M&L $27,362.85 $17,362.85 $10,000.00 - 6 - Attach Creative Landscapes Proposal For OlVmpic Veterinary Clinic FaCade Improvement Project Plant list and prices for Olympic Veterinary Clinic Provide Place and Plant for the Fg1lowing Quantity Size Type or Similar Cost Planted Cost bd 40 1 Gallon Heather $7.98 $7.02 $600.00 3 8& 8 Mountain Hemlock $150 $50 $60010 1 B&8 Uncle Foggy Pine $175 $50 $225.00 25 1GaUnn Sword Fern $8.98 $6.02 $375.00 3 SGoUon DvvarfMuOV $40 $20 $180.00 1 20 Gallon Red Japanese Maple $225 $75 $300.00 1 20 Gallon Weeping Sequoia $150 $75 $225.00 S 20 Gallon Weeping Alaska Cedar $125 $75 $1,000.00 1 20 Gallon Weeping Blue Atlas Cedar $300 $100 $400.00 15 1GaUon Black-eyed Susan $8.98 $7,82 $226.00 12 1GaUon Mini Russian Sage $8.98 Product TOTAL $4,310.00 Planting Bed at Front Door Etc... Quantity Unit Cost Tb /Co t 7 Cu.Yards 4-8 Spalls or River Rock $35 Delivered $245.6-0 20 Sq,Yurds Heavy Black Landscape Fabric $5.85 $117.00 27 Pieces Tree Stakes $4 $108,00 81 R. Tree Tie $0.74 $60.00 25 |ba. Grass Seed $4 $100.00 52 Hours Landscape Labor @ Prevailing Wage $50 $2,600.00 Assorted irrigation parts $300.00 Licensed Herbicide Applicator to Kill East Lawn $100.00 Aerate,Thatch,Overseed, Front Lawns.Stake 9 existing trees as needed.Add risers and TOTAL $3,630.00 Front Fence at Sidewalk Eqye - Quantity Unit Product Total Cost 7 10 Ft. Treated 4"x6" $181.50 52 8RL Treated 2"x4" $278.50 8 16 Ft. Treated 2"x6" $132.00 26 &Ft. Treated 2"x2" $115.00 52 31/2" Galvanized Carriage Bolts,Nuts and Washers $39.00 7 34"x16 Ft. Galvanized Fence Panels $270.00 14 Bags Qu|krete $126.00 38 Hours Labor @PwevaiUnQ Wage for Fence Erector $1,988.00 K4|SC Galvanized Brackets,Screws, Etc.. TOTAL$3,300.00 Quantity Unit Product Cost Total Cost Excavator Move-In/Move-out $150.00 5 Hours Direct Placement ofBoulders $150.00 $750.80 24.5 Hours Direct Job $75.00 $1,837.50 6.5 Hours Excavator&Operator @ Prevailing wage $110.80 $715.00 2 Hours Dump Truck tn Transfer Station $115.00 $230.00 16.85 Hours Landscape Labor @ Prevailing Wage $60.00 $842.50 Estimated Disposal Fee $200.00 Remove 10 existing Palm trees and Canna. Move boulders to side. Reconfigure mound after additional material from site is added. Reset granite boulders on mound and at various locations identified#n plan. Final grade on mound and final rake out. TOTAL $4,724.50 Provide and Place Mulch Quantity Unit Product Cost Total Cost 40 Cu.Yards Bark Mulch $20.00 $800.00 1 Homo Excavator&Operator @p Prevailing Wage $110.00 $110.00 6 Hours Landscape Labor@ Prevailing Wage TTAL $1,210.00 GRAND TOTAL $17,174.50 Dan Blood's Creative Landscaping, Inc. Invoice 1137 West Fifth Street Date Invoice# Port Angeles, WA 98363 360-683-5007 2/9/2015 11 1508 Bill To Ship To Olympic Vet Clinic ATTN:Sarah 1417 E Front St Port Angeles,WA 98362 P.O. Number Terms Rep Ship Via F.O.B. Project 2/9/2015 Quantity Item Code Description Price Each Amount 7 Consulting Charge Consult and design on proposed new location 75.00 525.00 Sales Tax-Port Angeles 8.40% 0.00 Total $525.00 � Fax Cover This is a privileged and confidential f nessage, intended solely for the person to whoin it is addressed The attached document(s)remains the sole property Of Olympic Electric Co.Inc. until transferred by contract,Any copying,distribution, faxing, electronic scanning,Or any other method of dissemination, including verbal, WithOUt the written permission of the Olympic Electric Co, Inc. is strictly prohibited. If you receive this message in error,please notify us by phone immediately and mail it back to us. Thank you, 7v Sara Dutrow@ Olympic Vet Clinic Fax From Mike Rutten@ Olympic Electric — ]�idl0 oc Date 02/11 /2015 Subject Sign Lighting � polgeu 1. including this one ' Olympic Electric is pleased to provide a quote on providing and installing 11 new goose neck type"sign light fixtures to illuminate the sign and murals at the new vet clinic. �=�=4 ELECTRICAL BASE BID LIGHTING ALLOWANCE $ 3100.0 � An electrical permit is required for this project and included in the bid. State, county,city sales tax or material use tax are I�tincluded. AmyzorreuLionunaqui/od for existing wihngare not included. NoGtatep|an review or its fee has been included. No temporary heat ur lighting imincluded. All utility charges are excluded. overtime ia included uranticipated. Although o performance bond ia 4 n�inc|uded. one can bepm�dad for anaddiUona|cost. Our quote excludes all ^��* fmoiUhee. semioea. and work pmvidedfor under other divisions such as, but not -�� limited to, added site trips due to scheduling errors by others, dumpster fees, sanitation facilities, painting,sheet rock repairs,and general non-electrical cleanup. This quote is good for 3O days from the date above. We thank you for the opportunity of submitting this quotation and trust we will receive your favorable consideration, Please contact our office to arrange for scheduling,contact, and payment terms, Mike Ru#an'Estimator/Project Manager 4230Tummate, Port Angeles, WA 96363 WA License* DLYMPEC205D/ (300)*5 7-5303 phone QUALITY WORK 8Y A RELIABLE ELECTRICAL CONTRACTOR, SINCE 1946 (3V0)452'3*98fax Mural Bid for Olympic Veterinary Clinic Materials Estimate O 3/4 inch marine grade plywood (AquaTech )-$152.OU per sheet=$1,216.UO 3 Gallons base coat sealer(Penninizer Plus)-$53,95 per gallon= $1G1.85 Assorted paint colors in neutral blues,greens, browns,white, black,orange,grey/aprox. I5-4 gallons)=$25O.0O 2 Gallons anti 8rafitti coating(One Shot Brand )=$25O.UO Assorted materials(brushes,drop cloth,tape,wood screws, router bit, masonery bit,transfer paper,ect.)=$3OO.0O-$380.O0 Total Materials Cost'$2,O77.85-$2377.Q5 Apnox. Labor cost at$450O per hour Aprox. y.S hours per mural =47.5 total hours Total cost of labour=$l13G.SO Total bid cost labor and materials=$4,215.3S-$4,5l3.36