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HomeMy WebLinkAbout001334 Original Contract City of Port Angeles Record#001334 GRANT PROGRAM AGREEMENT BETWEEN City of Port Angeles and Cody and Jenny Houston This agreement is made between the City of Port Angeles, a non-charter code city and municipal corporation of the State of Washington (hereinafter referred to as the "City") and Cody and Jenny Houston (hereinafter called the Grantee) for the fagade 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 a 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 502 West 8`h Street, Port Angeles: Parcel Number 063000026300; 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 vti ill complete in a satisfactory and proper manner as determined by the City the work described in the Project Overview incorporated herein by reference. A listing of detailed project tasks is in the attached Application 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 the Project Overview and Scope of Work and Budget. Grantee agrees to complete work described in the attached Application 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. - 1 - All facade improvements shall be consistent with sign 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 facade improvement begins. The Grantee shall be responsible for the construction and management of the entire project. If the facade 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 facade 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 facade 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 Scope of Work and Budget. Only the work that is outlined in the Project Overview 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 outlined in the Scope of Work and Budget. 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. - 2 - 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. B. Effective Date. Grant was approved by the Planning Commission on September 27, 2017 which is the effective date of this agreement. C. 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. D. 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. E. Workers' Compensation. The Grantee will provide Workers' Compensation Insurance Coverage for all of its employees involved in the performance of this agreement. F. Contract with Contractor. Each contractor who is performing the work approved for this Project shall have a valid State of Washington Contractor's License. G. 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. H. Funding; Source Recm_mitio_n, The Grantee will insure recognition of the roles of the City in providing services through this agreement. I. Suspension or Tennination. The City may suspend or terminate this agreement if the Grantee materiall- bails to comply with any terms of this agreement, which include (but are not limited to)the follo�ti ing: - 3 - • 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. 6. ADMINISTRATIVE REQUIREMENTS A. Financial Management Accounting Standards. The Grantee agrees to adhere to the accounting principle, and procedures required therein, utilize adequate internal controls, and maintain necessary ,ource documentation for all costs incurred. B. Documentation and Record Kecpin&. The Grantee will maintain thorough records pertinent to the acti\ities to be funded under this agreement, including records adequate to document that the funds %�ere expended on CDBG-eligible activities. C. Acce,� to Records _Lind Retention. All such records and all other records pertinent to the work undcrtakcii under this agcement 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 ��ill be made a\ailable to the City and duly authorized officials of the state and federal (Yovernment, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all rele%ant 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. 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. 8. 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. - 4 - IN WITNESS WHEREOF, the City and the Grantee have executed this agreement as of the date and year last written below. CITY OF PORT ANGELES GRANTEE Dan McKeen, City Manager Cody Houston, Owner Date: Date: GRANTEE Jenny Houston, Owner Date, A pr as to form: William E. Bloor, City Attorney - 5 - PROJECT OVERVIEW Grantee: Cody and Jenny Houston Grant No. 17-05 Section A: Brief Description Funds will be used to install new windows, awnings, garage doors, flower boxes, and the repainting of a portion of the building's exterior. Goals/Expected Results/Products: Improvements to the building's exterior. Budget Category 21AGeneral The project will result in: See attached Application Admin. SCOPE OF WORK AND BUDGET Grantee: Cody and Jenny Houston Grant No. 17 - 05 Section C: Project Schedule and Budget Budget Project Activities Project Applicant's City Category Totals Contribution Contribution 2 1 AGeneralAdmin Materials i and Labor $7,066.57 $3,533.29 $3,533.29 i i - 6 - ATTACHMENT A Re: Fagade & Sign Grant Application September 13, 2017 Dear Ben Braudrick and the Department of Community & Economic Development, Thank you so much, for this opportunity to make our space more appealing and inviting! Our students mean a lot to us, and we know that we mean a lot to them as well. There is already a huge sense of pride when anyone walks through our doors, and with some financial assistance, property improvements will be made possible; we are looking forward to an even greater sense of pride after these potential upgrades! The services our businesses offer impact our community in very significant and positive ways, and we suspect that once we enhance our building's visibility, even more people will be drawn to us, thus expanding our reach and impact on the community. We are inspired by what we do, and we hope that our vision inspires you! Thank you for your time, and we await the decision... Cody and Jenny Houston CageworX MMA Poser YOGA ATTACHMENT A FACADE & SIGN GRANT APPLICATION Table of Contents: 1. Application & Checklist 2. Project Narrative 3. Facade Improvement Budget 4. Photos of Building Currently (6) 5. Artist's Rendering of Houston Fitness Centre 6. Historic Timeline of Businesses at 502, 502 % & 508 W 8 1 Street 7. Article Submitted to the PDN by Alice Alexander (Historical Columnist) 8. Archive Photos of the Building in —1926 9. Estimates of Materials & Labour 10.Proof of Ownership (Business & Property) ATTACHMENT A FSG FSG FACADE AND SIGN GRANT APPLICATION Department of Community & Economic Development 321 E. 5th Street. Port Angeles. WA 98362 360.417.4750 ; www.cityot•pa.us ced^acityofpa.us PROPERTYAPPLICANT AND OWNER INFORMATION Applicant Name:01-vt t i l imt�g,1 4)LdV" Mailing Address: 23 + Lk) l Contact Name(or SAME): S&Me- Vi/1P� Contact Phone Number: ?,b 0 (),1-+-4 (If n.n_� Email Address: e.„1344f,,4• mous p �l►,.,4►. G Property Owner Name: StiLAA t- Mailing Address: SO,8A L, Property Owner Phone Number. 50jm2- Sarhe, ❑ 1,the Contact, have read the Facade and Sign Grant Information and Award Cover Sheet Handout and understand both the grant award process and required application materials for submission approval. BUSINESS INFORMATION Business Namp:LL9R)yL&)0V1r kHA- Phs&. 106A Business Address: 502 r 4;n4 w• V"I Business Type/Description: v t*-;r.X ct4r K 4k)9c.1 PROJECT • - • Improvement Type PFacade Grant Brief Project Description:�lt- 2vrf�re, �t,�,; ��4 IS FAAl 19 Sign Grant Qftik%AVJ 01 uS A cLi aa n(yea. L� a tn]n�� 7 Start Dater c.Q ­ -a . DOV w I lnA L-.1 S (o w Zr 6 1)xt-1' , Cto Cy End Date: S to kNAa el Project cost:' 5 Total Funding requested: ..y0/3 . 2 (Facade:not to exceed 1 O and Sign:not to exceed 1k) L PROPERTY OWNER CONSENT(If Not The Applicant) The owner(s) of the above property is fully aware and agree to all proposed improvements described in grant application.Applicant must haLe any changes to project proposal approved by property owner(s) Applicant's Signature: Date: Property Owner's Signature: Date: s ATTACHMENT A FACADE & SIGN GRANT APPLICATION CHECKLIST Department of Community & Economic Development �. 321 E. 5th Street, Port Angeles, WA 98362 360.417.4750 I www.cityof pa.us cedQcityofpa.us Check all that apply. An application may be deemed incomplete without the following elements being checked off: Application Form FlProject Narrative explaining need for improvement and what is being improved. Project Budget Details: Cover page including: Individual Elements (Windows, Paint, Facia, etc.) Separating Labor and Materials Total Project Cost without Tax '%A Contractor Estimates El Before Color Photograph or rendering of each building facade improvements are proposed for. After Renderings with all work completed '�� Any engineering documents involved in project ATTACHMENT A Project Narrative The corner of 8th"and Pine has transitioned over the years from a gas station and a grocery store, to a myriad of electronic and auto services; to contractors and home innovators, and until recently, a local, non-profit organization. Tracing back many decades, businesses like Pine Hil/ Service & Gas Station. M&M Auto. High Tech Electronics, Dugaard Plumbing, Peninsula Heating, Pacific Refrigeration, and OLYCAP called this building home. Primarily housing the 'working man' and his duties,esthetics and curb appeal weren't necessarily high on the list of priorities. Never before has this corner provided public services of pnysicai activity and vveilness. That is, until 2015 when CageworX MMA moved into the neighbourhood. A new kind of energy began to develop; kiddos and grown-ups were entering and exiting all day long, and the parking lot was consistently full. People were starting to look at this corner differently. 18 months later. an opportunity presented itself, and after a few months of negotiation and conversation, 502&508 W 8"Street had new owners, Cody and Jenny Houston. And CageworX had a new neighbour- Poser YOGA. The goal of both CageworX and Poser YOGA is to create the best possible a,ternative training facility for the Port Angeles area. A place where anyone can come to acr eve their fitness and wellness goals, regardless of age or 'evel of ability! This is a unique facility, unlike any other in the area, and the community would benefit in countless ways. By upgrading the 8" and Pine corner, other businesses similar in nature, will likely be drawn to this location, thus bringing higher value to the entire neighbourhood. A community brimming with individuals who are improving their well-being and dedicating time for personal growth is uplifting and inspiring, and CageworX and Poser YOGA want to take Port Angeles in that direction. Moving forward, Cody and Jenny Houston envision the corner of 8'' and Pine to be a thriving community and a dynamic, multi-faceted fitness facility, ccmpiete vvith men's and women's change rooms, a sauna/steam room. a smoothie and tea bar. and a cafe offering nutritious snacks. But, first things first... the exterior! Currently the building blends into the background. Structurally, it is sound -from foundation to roof, but high levels of traffic pass by every day, and it largely goes unnoticed. With a fresh coat of paint and a few details for character, it won't take much to beautify this building and make it stand out. Flower boxes, built-ins for the garbage bins. awnings over the windows and main entrance, larger signs for the businesses,and windows for the garage bay doors are some of the planned updates. Overall, the project is expected to span many years, however, this specific exterior upgrade is estimated to be completed within a year, as funds allow, and pending the approval of this application. ATTACHMENT A Fa;ade mprovement Project - Budget Poser YOGA + CageworX 502/508 W 81h Street Number Product Cost Total Cost Classic Oft Awnings in a Box 7 361.51 2530.57 Wayfair Labour 600.00 Garage Door Windows 2 bay doors (6 windows) 647.00 1294.00 M+P Overhead Doors 10'2"x21" Insulated Glass Labour 88.00 Lumber(Flower Boxes) 40(2x6x8) 9.88 395.20 Home Depot Labour 240.00 Lumber(encase garbage bin) 10(2x6x8) 9.88 98.80 Home Depot Labour 90.00 Painting 2000.000 Labour+Prep Total Materials 4 4 4918.57 Total Labour 4 4 3108.00 Total Project 4 4 7,066.28 1 � � 1 :• • • I;Ds• e .a i �, .__ _ — � — a � __ ,. _.._. — ,. w r 0 M '�u„ w � .�._._. �� — ,. .."` �a.,. y, � �� ,� .. ,�, - �, .d.,�.. .. a ,,,,;� __ µW. �r j t �' .. �` `� �'..T � ! i. i � �� -� V 1N3WHOVII ' y � m ATTACHMENT A Timeline of Businesses at 502 502 112 and 508 81" Street 502 W 8th Street 1926-Pine Hill Service and Gas Station-Ralph Lamoureaux 1946-Penn Thomas Auto Repair-Ralph Lamoureaux 1950-Pine Hill Service Station- Ralph Lamoureux 1960-M&M Auto Repair-George Mangano and Paul Markley 1963 -Markley s Harley Davidson-George Mangano 1965-PA Cycle Hub-George Mangano ????-Tevco Electronics 1972-Orowheat Bakery ????-PA Sign Shop ????-Hi Tech Electronics 1980-Pacific Television Service ????-Peninsula Heating-Ken Woodcock ????-OLYCAP 2016-Poser YOGA-current 502'/2 A 1970-Gary's Plumbing 1978-M+P Overhead Garage Doors-Ken Pennington-current 5021/z B 1978-Wayne's Barber Shop- 1995-Paul's Barber Shop- ????-Ron's Barber Shop-Ron Perkins-current 508 W 8h Street ????-Rupert Young Grocery 1923-Pine Hili Cash Market-Roland D. Bailey 1936-Bailey's Red and White Grocery-Roland D. Bailey 1935-Estes Red and White-Beverly Wayne Estes 1960-Estes Grocery&Market 1964 -Dugaard D. K Plumbing&Heating ????-Pacific Refrigeration 2015-CageworX-current ATTACHMENT A Several readers recognized Feb 241hs "Picture from the Past" as Pine Hill Service station, which was on the corner of 8th and Pine Streets. Today's photo is a view taken farther north. It shows the name of the service station, along with the gas pumps and office. Both photos were taken sometime between 1926 and 1929. [Rex Gerberding shared these photos from his collection for the column. Rex was able to locate the Pine Hill Station in a 1936 phone book he possesses.] Pine Hill Service station was built in the early 1920s on the south side of 81h Street. The sign in today's photo indicates '336' as the business'telephone number. The 1925 Port Angeles phone directory also lists George and Albert Lamoureux as owners. In 1932, the service station's name changed to Lamareaux Service#1. By 1935, it had returned to the Pine Hill Service name, but was listed under a different phone number. Bertha Norris says that her brother-in-law, Basil Decker,was the man on the right of today's photo. He worked as a mechanic for the Lamoureauxs'. From the Port Angeles city/county directory, it appears that the Lamoureuxs' had the service station until 1952. [M.A. Hunley then owned it until 1956, when Dick's Auto became the listed owner.] By 1959, Paul Markley had established a repair shop, M & M Auto, in addition to the "Pine Hill Service". Later on, in 1962, Pine Hill Service was closed. [M & M Auto became the sole business at this location. In 1963, George Mangano built a new building for Markley, who then opened a motorcycle shop called "Markley's Harley Davidson". By 1965, Mangano had purchased Markley's shop, and opened his own business, and named it, "PA Cycle Hub"]. Next door to the service station was a grocery store at 508 W. 8th Street, which land records show was built in 1923. It was one of the first businesses built on the south side of 81h Street between Pine and Cedar. That grocery store was'Pine Hill Cash Market' and owned by R. D. Bailey. Later, he changed the name to 'Baileys Red and White Grocery. Beverly Wayne Estes bought it in 1935, and changed the name to 'Estes Red and White' Grocery. His daughter, Irene Estes Bourm, says that when she was born her family lived in the back of the store, but by 1942 they had moved into a house on 10th Street. Irene's brother,Jack Estes, says Baileys grocery was a big competitor for his dad. According to Doug Bailey his dad, Roland, built another store as well as a gas station, in 1935 farther down the block to the west. The address of the gas station was 514 W. 8th but later on it was sold and had several different owners. The store was named 'Baileys Grocery Store and ATTACHMENT A Meat Market' and was located at 518 W. 8`h. Doug also says they did not actually have a meat market, but rather a cold chest to keep meat for their customers. Stan Fouts recalls the Pine Hill Service station and the two grocery stores down the block. He had a newspaper route in the mid 1950s, and picked up his newspapers at the Estes Red and White Grocery store. There was a church at 8`h and Pine Streets, across Pine Street from Pine Hill Service station. (By 1956, Bailey's old service station had been re-named 'Bill & Ben's Auto Repair.)There were apartments located along the north side of 8`h Street. Stan also remembers coming down Pine Hill during winter months when it was really slick, and sliding down the alley to 8ch Street. Stan remembers that during the 1950's there was a small garage in back of the Pine Hill Service station where the owner refurbished old cars. Stan says, "He took old rusty autos and turned them into gold." Mike Owens, a Port Angeles resident who grew up in the Hoko-Ozette area, remembers his family going past the Pine Hili Station in the 1960's, on their way into town. The route they traveled was on Highway 9A(now Highway 112),then down C Street, and on into town via 8`h Street. Judy Ecklund remembers going by the service station. Dan Mangano has fond memories of the Pine Hill corner, but does not remember the service station. By the time he was a child, his dad George's 'PA Cycle Hub' was an active business at the corner of Pine and 8`h Street. David Hassell remembers going by the motorcycle shop on his way to Elks Memorial Piayfield for Little League practice. Since the demise of the Pine Hill Service station,there have been several businesses at that location. 'D.J. Cycle' was at 502% W. 8`h Street (the part of the building across the back of the lot) from 1969-1970. 502'/: W. 8t'sat vacant for a year, until Gary's Plumbing moved there. In 1978,Gary moved to"The Barn" on Highway 101. M & P Doors presently occupies that space. Over the years, M & P Doors shared that address with at least two barber shops- Wayne's was there until Paul's Barber Shop came in 1995.The front section of that building housed several businesses, after P.A. Cycle Hub left,which included Tevco Electronics, Orowheat, PA Sign Shop, Hi Tech Electronics, Pacific Television, and the present tenant,OLYCAP. By 1964 the block had gone through many changes. Olson bought Estes Red and White Grocery and then relocated to a new grocery store farther east down 8`h Street. After their new grocery opened,Olson sold the old building to Daugaard's Plumbing,which stayed until the late 1990s. 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' � . , , � , , � t � �,�' � �` Y ��� r �1 D ' D C7 Yt S — ��,c x: m �,- � � � Q. 4 • •-...-+rpt mr.. i s T • � e ♦ 1 . , ATTACHMENT A M & P OVERHEAD GARAGE DOORS 502-1/2 W.8TH ST. PORT ANGELES,WA 98362 Number. E939 Deb. 916=17 BN Ta Stdp TO: Cody Houston Shop Door Cage Works PA PA PO MM*m Terms p Quanfdymms Pricamaw Tax An-"Mt 102"iM"im Glass Sec- 2.00 $6/7.00 r $1,294.00 Labor 2 Lion 112 Fir.E L 1.00 $88.00 $88.00 Thank Yowl StbTaUl $1,38200 Sales Tax 8.40%an$1,382.0 $11&09 0.00%an$0.00 $0.00 Total $1,498.09 ��e� oPPdMeoPP� lie) of pp IJPV tf <, S Ls fyz Ls "'e"A Ls .. .._ 10) le) . . - (0) Palas vl g z-w Z malas )sod wn►waJd -w q x vi Z pafas i)suo:) uopxulsuo:) P8lea4-a-InssaJd uoRpngsuoD •••asey»nd anoA i4j!m swall paasaSSnS IOdAqd l411M lno K)a4:) orsKs at:la rutON 1110410ki,) jagwnj -movew 8uunp Pwle►ow3—son Paleall-aurtssaud 1.9 waH 3MuoD Punoi9 osS6£s :leIol Vel z: u s X ��9 X z�ala5 uoN3ni3suo:) ((ro)VeD Md(n X SuiddogS anuiluo:) jjeD 01 PaPPV Wall L V 1N3WHOV11V 3odap awoH a&LL ie 9%Z iayuml io;slinsall 4waS LIOZ/8/6