HomeMy WebLinkAbout000979 Original Contract City of Port Angeles
Record # 000979
GRANT PROGRAM AGREEMENT
BETWEEN
City of Port Angeles and
Carol Clayton
d/b/a Athlete's Choice
This Agreement is made between the City of Port Angeles (hereinafter referred to as the "City")
and Carol Clayton, d/b/a Athlete's Choice (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 facade 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 facade
improvements for the property located at 215 West First Street Street, Port Angeles; Parcel
Number 063000001470; 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 they are the owner of the above property or has written permission
from the Owner of the property to perform 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.
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All fagade 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 fagade 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.
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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. Funding Source Recognition,i tion, 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.
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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 Keeping. 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 must 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.
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CITY OF PORT ANGELES GRANTEE: Carol Clayton
d/b/a Athlete's Choice
By: By: �.--, r z L-,� C t
Title: Ctl: l yvlrn — Title: Lle �J� ...
Date: a I d Date: % ! j
Approved as to form:
y
William E. Bloor, City Attorney
Attachments: A—Project Overview
B —Scope of Work and Budget
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ATTACHMENT A - PROJECT OVERVIEW
Grantee: Carol Clayton, d/b/a Athlete's Choice
Grant No. 15-05
Section A: Brief Description
Funds will enable upgrade to the building facade located at 215 West First Street, Port Angeles, in
the City's Central Business District(CBD), and provide funds for replacement materials and labor.
Goals/Expected Results/Products: Rehabilitation of the majority of the first and
Budget second story of the front facade to better match the historic character of the
Category building's original facade and begin to improve the second story for commercial
use.
21AGeneral The project will result in: replacing the existing first story windows with larger
Admin. windows to fit the original scale; replacing the front door with a larger,
aesthetically pleasing, model; replacing the existing siding on the lower half of
the building; replacing the first story cornice; replacing the faux windows on the
second story with functional windows; replacing the existing cornice; repainting
the front; adding decorative trim to front windows and door; adding a decorative
lighted cap over the new windows and door; and removing the existing
structures which make up the display boxes for the front windows in order to
accommodate the new larger windows and door. See attached application for
specifications and drawings.
ATTACHMENT B - SCOPE OF WORK AND BUDGET
Grantees: Carol Clayton, d/b/a Athlete's Choice
Grant No. 15-05
Section C: Project Schedule and Budget
Budget Project Activities Project Applicant's City
Category Totals Contribution Contribution
21 AGeneralAdmin Materials
and
Labor $25,618.00 $15,618.00 $10,000.00
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ATTACHMENT B
City of Port Angeles
` Facade and Signage Improvement Grant Program
APPLICATION FORM
• a • 4
Applicant Name:
Mailing Address:
Home Phone: `i� r Z�C�(S/
� Email Address:
' XCom
Business Name: rr2?d I Le-
Business
Type/Description: 11 C {�
Building Address: �i 5 0 " �J�` 3 L• PO r- �{�J6 La,5
LJ
Improvement Type:NFagade nign
Brief Project Description: (�(,U�66 , 70 Cl d z-,-7
,1441)r'�f�'S
Anticipated Start Date: I` D/5 Anticipated Completion Date:
Estimated Total Project Cost:$ � l E Funding Request(50%or less):$
The owner(s)of the above property is fully aware and agree to all proposed improvements described in grant
application.Applicant must have any changes to project proposal approved by property owner(s)
Applicant's Signature: C tc.�orl �� O , Date:
Owner's Signature: Date:
Department of Community and Economic Development
321 E.5th Street,PO Box 1150 Port Angeles,WA 98362
ATTACHMENT B
Project Narrative Description for Athlete's Choice Fagade Renovation
Our main goal in renovating the front of our building (now the Clayton Building)
is to dramatically increase curb appeal while, at the same time, restoring our store
front to its original historic look, blended with the modern function of a retail store.
A Brief History:
The Clayton Building was originally built in 1900 by the Angeles Shelvey Estate.
The first business to occupy the building was the Johnson Machine Works. By
1916, the Gate City Machine Shop occupied the building. From this photo, taken
in 1916, you can see that only the front half of the building existed. The wood
plank siding on the upper front and sides of the building and the 4 windows on
each front sides are original.
The building is one of only seven buildings remaining downtown since the 1914
"sluicing the Hogback". This refers to the raising of the streets in the downtown
area by means of transferring massive quantities of soil from a hill called "The
Hogback" which is behind the present Red Lion Hotel. High-pressure hoses were
used to wash the soil from the hill into forms on each side of First, Front, Oak and
Laurel streets, raising the streets above the high-tide line and allowing for a new
sewer system. After the street raising was complete, all of the buildings along the
streets had to be raised to the new level, creating basements where first stories had
been.
Historical findings of this property are detailed in the Historical Property Survey
Report of Downtown Port Angeles, done by Merritt & Pardini in April of 2000.
The Clayton Building was home to many business over the years, the most recent
being Athlete's Choice. Owners Todd and Carol Clayton purchased the building in
2013 and began renovations that were long overdue.
The improvements we will be making are as follows:
• Replacing the existing 1 It story windows with larger windows to fit the
original scale
• Replacing the front door with a larger aesthetically pleasing model
• Replacing the existing siding on the lower half of the building with
decorative woodwork which will enhance the windows
• Adding decorative trim to front windows and door and
• Adding a decorative lighted cap over the new windows and door with a
signage area for our brands
• Replacing the faux windows on the 2nd story with functional windows
• Replacing the existing cornice with a more ornate, visually pleasing style
ATTACHMENT B
• Repainting the front
• Relocating our"Swoosh" sign to the east side of the building
• Reworking the entrance way floor to accommodate wheel chairs after
foundation work is complete
+ Removing the existing structures which make up the display boxes for the
front windows in order to accommodate the new larger windows and door
PLEASE NOTE:
We have received 2 bids from Grice Construction. One bid is for the entire re-
facing of the front of the building for $37,575.69. The second bid is for re-facing
the lower part of the building and not re-working the upper cornice or adding the
1900 Clayton Building sign. This bid is for $25,618.44. We are'going;to do the
second bid as the first bid is over budget.' We will continue with the rest of the
project in early 2016 or as funds allow.
Please see the blue print "after picture" rendering of these changes depicted by
Charlie Smith of Lindberg & Smith Architects.
This project will benefit the downtown and the community as a whole in multiple
ways. The pride of ownership we feel for our store will be reflected in the careful
choices we make during the restoration process. The increased curb appeal will
undoubtedly bring in more foot traffic and sales adding to our already strong
presence downtown. With the major improvements in the Country Aire building,
and the new Bliss building, our improvements to the Clayton Building will act as
an anchor for the improving west end of downtown. The new aesthetics of our
store front will encourage customers to shop locally, benefitting not only our store
but other stores who, like a team, reach out to that customer and help keep dollars
in the community.
Project Dates: September 1 It—Dec. 1" 2015
ATTACHMENT B
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ATTACHMENT B
J. Grice Construction L.L.C.
223 Marsden Rd Estimate
Port Angeles, WA 98362 Estimate No.
360-457-1708
7/31/2015
2570
JGRICGC934MC
Name/Address
Todd and Carol Clayton
215 W First St.
Port Angeles WA 98362
Description Rate " Total
i
Architects drawings. 450.00 450.00
Windows
2-84x78 per worksheet. 1,739.94; 1,739.94
1-72x78 per worksheet. 763.27 763.27
2-36x72 per worksheet. 602.00,, 602.00
1-42x18 per worksheet. 243.52! 243.52
1- steel door and frame with lock per worksheet. 2,562.00; 2,562.00
Materials per worksheet. 2,858.54 2,858.54
Window mouldings and trims 701.42 701.42
Crib building. Demo south wall, Install new glue lam 13,010.00; 13,010.00
beam. Re-frame for new window and door.
Repair siding upper wall. 1,375.00j; 1,375.00
Corners, lower roof Cornice 4,120.00' 41120.00
Upper Cornice 3,200.00 3,200.00
Prime, paint and install sign. 2,800.00; 2,800.00
Materials 475.00' 475.00
Sheetrock, insulate and trim out inside windows 1,875.00: 1,875.00
Prime and paint inside. 450.00; 450.00
Scissor lift. 350.00 350.00
Plus WA State Sales Tax
1/3 down at start, 1/3 work progress, total due when complete.
Sales Tax (8.4%) $0.00
Total $37,575.69
Signature
ATTACHMENT B
J. Grice Construction L.L.C.
223 Marsden Rd Estimate
Port Angeles, WA 98362 Estimate No
360-457-1708 7/31/2015
2571
JGRICGC934MC
Name/Address
Todd and Carol Clayton
215 W First St.
Port Angeles WA 98362
Description Rate Total
Demo lower south wall only, first floor down
Architect Drawings. 450.00 450.00
Windows
2-84x78 per worksheet. 1,739.94 1,739.94
1-72x78 per worksheet. 763.27 763.27
2-36x72 per worksheet. 602.00 602.00
1-42x18 per worksheet. 243.52 243.52
Window mouldings and trims. 350.71 ? 350.71
1-steel door and frame with lock, per worksheet. 2,562.00' 2,562.00
Material for lower wall only. 1,972.00., 1,972.00
Crib ceiling, remove wall . Install new glue lam beam. 13,010.00, 13,010.00
Frame wall. Install windows and door. Trim out lower
roof cornice as shown on drawings.
Prime and paint. 1,250.00 1,250.00
Scissor lift 350.00 350.00
Sheet rock and insulate .Trim out inside windows and 1,875.00 1,875.00
door.
Prime and paint inside. 450.00 450.00
Pius WA State Sales Tax.
1/3 down at start, 1/3 work progress, total due when complete.
Sales Tax (8.4%) $0.00
Total $25,618.44
Signature