HomeMy WebLinkAbout000941 Original Contract City of Port Angeles
Record # 000941 Contract 19941.15.001
CLALLAM COUNTY OPPORTUNITY FUND PROGRAM
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered by and between Clallam County,
a political subdivision of the State of Washington (hereinafter"County"), and the City of Port Angeles, a
municipal corporation (hereinafter"City").Together,the County and the City are referred to herein as
the "Parties."The Parties have the lawful authority to execute this MOU pursuant to their corporate
powers RCW 36.01.010 and RCW 35A.11.010.
WHEREAS,the County administers the "Opportunity Fund Program" in accordance with RCW
82.14.370(3)and Chapter 5.40 of the Clallam County Code to finance public
facilities/infrastructure that may promote economic development in the region;
WHEREAS, the City has applied for grant funding through the "Opportunity Fund Program" in
order to help finance the Waterfront Transportation Improvement Plan (Phase 2);
WHEREAS,the County has carefully reviewed the City's grant application and the corresponding
project;
WHEREAS,the County believes the project is eligible to receive opportunity funds and that the
moneys will be used to finance facilities/infrastructure that may promote economic
development within the region;
WHEREAS,the County has held public meetings/hearings and received extensive public
comment regarding the City's application; and
WHEREAS,the County has determined that the City is a worthy recipient of opportunity funds
and the award is in the interest of the common good.
NOW THEREFORE, in consideration of the mutual terms, provisions, and obligations contained
herein, it is agreed by and between the County and the City as follows:
1. PURPOSE:The purpose of this MOU is to memorialize the award of grant moneys, drawn from the
County's "Opportunity Fund Program," and to be awarded to the City's Waterfront Transportation
Improvement Plan (Phase 2).
In consideration of the award offered by the County, the City agrees to use the opportunity funds
consistent with the attached grant application submitted to the County. Upon completion of the
Waterfront Transportation Improvement Plan, the City will return to the County and give a
presentation showing the progress/success of, or lessons learned from, the Waterfront
Transportation Improvement Plan.
2. DURATION:This MOU does not have a defined term.
Contract 19941.15.001
3. FINANCING:The County will issue a one-time warrant to the City in the amount of$285,952.
4. PROPERTY:Any property acquired through the award of the opportunity funds will belong to the
City.The County does not acquire any interest in property, real or otherwise,that may be obtained
with the grant award.
5. ORGANIZATION: By awarding opportunity funds, the County does not become a formal partner in
the City's Waterfront Transportation Improvement Plan and does not share in the organizational
burdens associated with the project.
6. LIABILITY: It is the intent of the parties that the County shall not be held liable for any injury/harm
that may occur during, or result from, the Waterfront Transportation Improvement Plan.The City
agrees to defend, indemnify and save harmless the County, its appointed and elected officers,
agents and employees,from any and all liability, claims, actions, suits, losses, expenses, damages,
and judgments of any nature whatsoever, including costs and attorney's fees in defense thereof,
that may result from/through the Waterfront Transportation Improvement Project.This provision
shall survive termination of this MOU.
7. RETURN OF FUNDS: If, for whatever reason, the City does not expend the entire grant award in
connection with Phase 2 of its Waterfront Transportation Improvement Plan,then the City agrees to
return the remaining funds to the County.
8. DISPUTES:The Parties agree to work together to resolve any disputes that may result in
performance of this MOU.
9. MODIFICATION:This MOU may be modified by mutual consent of the parties provided that any
modification is memorialized in writing and signed by the Parties.
10. TERMINATION:This MOU will terminate when the City uses the full amount of the award or returns
any remaining balance to the County,whichever may come first.
11. GOVERNANCE:This MOU has been and shall be governed by the laws of the State of Washington,
both as to its interpretation and performance.Any action at law, suit in equity, or judicial
proceeding arising out of this MOU shall be instituted and maintained only in any courts of
competent jurisdiction located in the State of Washington.
12. SEVERABILITY: If a court of competent jurisdiction finds any part,term or provision of this MOU to
be illegal or invalid in whole or in part, such invalidity shall not affect the other provisions of this
MOU which can be given effect without the invalid provision, if such remainder conforms to the
requirements of applicable law and the fundamental purpose of this MOU, and to this end the
provisions of this MOU are declared to be severable.
Contract 19941.15.001
13. WAIVER:A failure by either party to exercise its rights under this MOU shall not preclude that party
from subsequent exercise of such rights and shall not constitute a waiver of any other rights under
this MOU.
14. ENTIRE MOU:The parties agree that this MOU is the complete expression of its terms and
conditions.Any oral or written representations or understandings not incorporated in this MOU are
specifically excluded.This MOU is for the benefit of the parties, and no third party beneficiary
relationship is intended.
IN WITNESS WHEREOF,the parties have executed this MOU.
CLALLAM COUNTY CITY OF PORT ANGELES
BOARD OF COMMISSIONERS CITY COUNCIL
Date: ZD15 Date: �� �1
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Jim McEntire, Chair Dan Di Guilin,layor y
ATTEST: ATTEST:
Trish Holden, CMC, Clerk of the Board r Jennifer Veneklasen, City erk
Approved as to#uim by:
Brian Wendt
Deputy Prosecutiri9 Attomay
Clallam County
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Waterfront Transportation Improvement Plan
City of Port Angeles Opportunity Fund Grant Application
Table of Contents
Executive Summary i
Application
Applicant Details
Application for Funding 1
Site/Project Information 1
Private Sector Commitment (Business 1) 3
Private Sector Commitment (Business 2) 4
Private Sector Commitment(Business 2) 5
Financial Information on Applicant 6
Declaration 7
Appendix A A-1
Site Map A-1
Construction Drawing/Details A-2
Color Rendition A-3
Supplemental Materials
City of Port Angeles Comprehensive Annual Financial Report For the Year Ended December 31,
2013(Last Audited) -A vailable from Clallam County Economic Development Council or City of
Port Angeles Upon Request.
Waterfront Transportation Improvement Plan
City of Port Angeles Opportunity Fund Grant Application
Executive Summary
The City has been constructing a multi-phased project that revitalizes the
infrastructure in the Downtown Port Angeles Waterfront. Through the
implementation of this project, the City has demonstrated the creation and
retention of a significant number of Clallam County jobs. Our commitment to
local professionals and contractors in this project will continue in the completion
of Phase 2 and future phases. Numerous other State and Federal entities have
found this project to be highly worthy of grant funds. Notably, the Washington
State Community and Economic Revitalization Board which focuses on
infrastructure and jobs granted the project $500,000. To date we have received
over $1.7 Million in State and Federal grants for the project. We have taken this
funding and utilized it to improve Port Angeles' future with a high quality
infrastructure product that was designed and constructed through Clallam County
Payrolls. We have received letters of support from a large number of entities
representing the Clallam County Economic Development Council and broader
community. Throughout the history of this project the City has prioritized
participation of local professionals from contractors and engineers to artists and
scuba divers.
Time is of the essence on that application as we plan to begin construction in May
of this year. We are respectfully requesting $285,952 in opportunity funds to
leverage over $3.5M in funds already committed to the project. The contribution
will enable critical access to the Port of Port Angeles Terminal 4 dock, create new
r
event space, and result in completion of a key portion of the Olympic Discovery
E
Trail.
i
Clallam County Department of
Community Development
223 East Fourth Street, Suite 5
Port Angeles, WA 98362-0149
360.417.2323
OPPORTUNITY FUND
Date: April 17, 2015
Project: Waterfront Transportation Improvement Project
Applicant: City of Port Angeles Contact: Nathan West
Address: P.O. Box 1150
City, State, Zip: Port Angeles, WA 98362
Phone Number: (360) 417-4751 Fax Number: (360) 417-4711
Email Address: nwest()cityofpa us
Authorized Signer/Position: Nathan West Director Community & Economic Dev
ii
OPPORTUNITY FUND PROGRAM
Application for Funding
ATTACH COPY OF PROJECT PROPOSAL
Amount of Loan Requested: $0
Amount of Grant Requested: $285,952
Local Match: $1,865,691 City of Port Angeles
Other Funding Sources: $1,722,773 State & Federal Grants
Total Project Cost: $34874,416
Amount Raised To-date: $3,588,464.17
Loan terms requested: Not Requesting a Loan
Requested Rate of interest.*
Total number of years for repayment:
Deferral period (# of years):
Type of payment schedule: Straight Line Amortization
Decreasing Payments
Increasing Payments
Other (please specify)
I. SITE/PROJECT INFORMATION:
A) Include a site map of the area. Identify the location of the site, and
public infrastructure (existing and/or proposed).
Site details including: Site Map, Construction drawing detailing
infrastructure, and color rendition are incorporated as Appendix
A to this application.
CLALLAM COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT
OPPORTUNITY FUND FINAL APPLICATION FORM
1
B) Project cost breakdown:
• Studies - reports $
• Preliminary Engineering Report $
• Design Engineering $744,905
• Land/Right-of-Way Acquisition $
• Fees $
• Inspection $
• Financing Costs $
• Contingency (5%) $62,199
• WA State Sales Tax (WSST) $
• Construction $2,711,072
• Labor $
• Materials $
• Other (Construction Management) _ $303,465
• Contracts (Archaeological Monitor/Permit) $28,876
• Other (Ads, signs, fence rental, etc)— $23,898
• TOTAL PROJECT COST $3,$74,416
C). Specifically, for what element(s) of the project are Opportunity Fund
Program (OFP) dollars being requested?
Infrastructure improvements including concrete trail, terminal 4
(Oak Street dock) turnaround, event plaza area, lighting,
concrete seating area and landscaping.
D) Estimated schedule for project completion:
Estimated Completion Date
• Preliminary Engineering Report: Complete
• All permits obtained: Complete
Design Engineering: Ongoinq(Phased Project_
Land/Right-of-Way Acquisition: N/A
• Prepare Bid Documents: Phase 2 Complete _
• Award Construction Contract: April 21, 2015
• Begin Construction: Phase 2 May 2015
• Complete Construction: Phase 2 Summer 2015
• Project Operational: Phase 2 Summer 2015
•
Other:—(Future Phases) December 2017
2
E) What other jurisdictions are involved in the planning, design, financing,
construction, operation or use of this project? (cities, counties,
state/federal agencies, tribes, etc.)
Port of Port Angeles, Clallam County, Economic Development
Council, Lower Elwha Klallam Tribe, Jamestown S'Klallam Tribe,
Washington State Community and Economic Revitalization Board
(CERB), Washinton State Department of Transportation,
Washington State Recreation and Conservation Office, Federal
Emergency Management Agency, and many others.
F) Will the applicant maintain the project. If not, who will be responsible for
its maintenance?
Yes, The City of Port Angeles will maintain the project.
II. PRIVATE SECTOR COMMITMENT/INVOLVEMENT (Business 1):
A) Ifapp/icab/e, identify private sector firm(s) and contact person(s) involved
in the project.
• Firm: Primo Construction Inc. (Sequim, WA)
• Contact: Jennifer Howell, Office Manager
Telephone: 683-5447
• Will it relocate to the project site: X Y N (Office Trailer on-
site and main office in Clallam County)
B) Explain the private sectors involvement in the project. Why does the
private sector require the proposed public infrastructure improvements?
The private sector business is under contract with the City of Port
Angeles to complete the work. Additionally, the infrastructure
improvements directly facilitate vehicle/truck access to the Port
of Port Angeles'Terminal 4 which is the dock utilized by local
business High Tide Seafoods, and other natural resource related
businesses.
C) Type of jobs to be created/retained: Construction and Office Jobs 25
jobs will be created or retained. Apprentices will also be hired
• Management/Admin 7.5 FTE
3
• Technical/Professional
• Office Clerical
• Sales
• Skilled crafts 17.5 FTE
• Other
D) Projected annual gross payroll? 1-3Xears $110001000
3-5 years _0_
5-10 Years 0_
II. PRIVATE SECTOR COMMITMENT/INVOLVEMENT (Business 2):
E) Ifapp/icab/e, identify private sector firm(s) and contact person(s) involved
in the project.
• Firm: Zenovic and Associates
Contact: Steve Zenovic
• Telephone: 417-0501
• Will it relocate to the project site: _Y _X_N (Only 7 blocks away
in Port Angeles)
F) Explain the private sectors involvement in the project. Why does the
private sector require the proposed public infrastructure improvements?
Zenovic and Associates has been the lead engineering firm on
designing these infrastructure improvements. Their design effort
will provide space for local events that will directly benefit local
hotels and the hospitality industry. The new access to Terminal 4
will improve accessibility to create new business opportunities
on the East side of Terminal 4.
Over 150 Downtown businesses will benefit directly from the
new infrastructure.
G) Type of jobs to be created/retained: Professional Engineers
• Management/Admin
• Technical/Professional 1.5
4
• Office Clerical
• Sales
• Skilled crafts
• Other
H) Projected annual gross payroll? 1-3 years $90,000
3-5 years _0_
5-10 years 0_
II. PRIVATE SECTOR COMMITMENT/INVOLVEMENT (Business 3):
I) IfaeP/icab/e, identify private sector firms) and contact person(s) involved
in the project.
• Firm: In addition to Primo Construction and Zenovic and
associates the following additional Clallam County
businesses have been contracted for the project:
Bruch and Bruch Construction
C&J Excavating
All-form Welding
Olympic Electric
Angeles Concrete
Amidst Vision Photography
Shreffler Environmental
Alisanne Design
Westech, Inc.
Unger Engineering Inc.
NTI Engineering
Wengler Surveying & Mapping
SCUBA Supplies Co
Others not yet subcontracted
• Contact: Available for each business if necessary
• Telephone: Available for each business if necessary
• Will it relocate to the project site: _Y __N (All located in
Clallam County)
J) Explain the private sectors involvement in the project. Why does the
private sector require the proposed public infrastructure improvements?
5
These local businesses have been responsible for design,
permitting, environmental analysis, surveying, site work, art
related infrastructure, photography, concrete work, and
inspections.
K) Type of jobs to be created/retained: Construction Trades and
Professional: Artists, Engineers, Surveyors, Environmental
Scientists, Scuba Divers, Metal Workers, etc
• Management/Admin _1+_
Technical/Professional _1+_
• Office Clerical _1+
Sales
• Skilled crafts _1+_
• Other _1+_
L) Projected annual gross payroll? 1-3 years Not Available
3-5 years _0_
5-10 years 0_
III. FINANCIAL INFORMATION ON APPLICANT
This section examines the general financial status of the applicant.
A) Provide the most current annual financial report reviewed by the State
Auditor. If the most current year is not representative of the past five
years, please provide additional information or reports.
The City of Port Angeles Comprehensive Annual Financial Report For
the Year Ended December 31, 2013 has been provided to the Clallam
County Economic Development Council, however, due to size was not
incorporated with the main application documents. This is the most
current report reviewed by the auditor.
B) Identify funds (General Fund, Utility Fund, etc.) that will be eligible to
repay an OFP loan. If any funds cannot be used to service OFP debt,
please explain. If a particular fund or revenue source has been identified
for repayment of the loan, please describe.
Not Requesting Loan
6
IV. DECLARATION
I HEREBY CERTIFY THAT THE INFORMATION GIVEN IN THIS APPLICATION TO
THE OPPORTUNITY FUND BOARD IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF.
Signature of responsible official:
Print or Type Name and title: Nathan A. West Director
Community and Economic Development
07
Appendix A
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MEMORANDUM
TRISH HOLDEN, CMC
CLERK OF THE BOARD/PUBLIC RECORDS OFFICER
12 August 2015
TO: Dan McKeen, Port Angeles City Manager
RE: Opportunity Fund Grant
FILE: F32.17
Enclosed are two originals of a memorandum of understanding executed by the Chair of
the Board of Commissioners on August 11 for a grant from the Opportunity Fund for the
Waterfront Transportation Improvement Plan (Phase 2) project.
Please return one to me for our records after execution by the Mayor.
J:\public\Correspondence\from clerk of the board\2015\transmit OF grant mou.docx