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HomeMy WebLinkAbout000674 Original Contract City of Port Angeles Record #000674 GRANT PROGRAM AGREEMENT BETWEEN City of Port Angeles and McClellan Smith d/b/a Easy Street Coffee and Tea This agreement is made between the City of Port Angeles (hereinafter referred to as the "City") and McClellan Smith doing business as Easy Street Coffee and Tea (hereinafter 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-cligible activity; and WHEREAS, the City has awarded a grant to reimburse a part of the costs of facade improvements for the property located at 128 Nest First Street, Port Angeles; Parcel Number 0630000003220; 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 he/she is the Owner of record of the above property or has written permission from the Owner 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 CED 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 facade improvement begins. - 1 - 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 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 $9,162.00, whichever is less, for eligible incurred costs and expenses for the Project according to the budget shown on the Attachment A, Only the work that is outlined in Exhibit B will be eligible for reimbursement. - It is--understood-that this-agreement is funded-with-CDB G 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. S. 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. 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. - 2 - 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/PrevailingWage. 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 inpartout 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.. 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. 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. - 3 - 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. CITY OF PORT ANGELES GRANTEE: McClellan Smith d/bla Easy Street Coffee andTea By: By: Title: Title: y Date: 1 1 -7 I Date: 4 4 Approved as to form: J William E. Bloor, City Attorney Attachments: A—Project Overview B —Scope of Work and Budget - 5 - ATTA CHMENTA - PROJECT OVERVIEW Grantee:McClellan Smith d/b/a/Easy Street Coffee and Tea Grant No. 13-04 Section A: Brief Descry p n This project will enable upgrades to the building located at 128 West First Street in the City's Commercial Business District (CBD) zone. Section B: Goals/Expected Results%Products Budget Category Goals/Expected Results/Products 21A General Admin, Update existing facade from tile to wood. Enlarge existing windows. Replace an abandoned service elevator door with a window, and repair dry rot on the building marquee. ATTACHMENT B -SCOPE OF WORK AND BUDGET Grantee: McClellan Smith d1b/a/Easy Street Coffee and Tea Grant No. 13-04 Section C. 'Project Schedule and Budget Budget Category Project Activities Schedule Budget Amount 21A - General Admin. Update existing fagade from tile to wood with Victorian style trim, enlarge existing windows, $ 6,425.00 $3,212.00 replace an abandoned service elevator door with a window, and repair dry rot on the building marquee. Labor $11,900.00 $5,950.00 Total $9,162.00 - 6 - Section A:A brief project description OCT 7 2413 need to upgrade the facade of 128 west first street.The main reason 11 1 I f3T'ANGELES `� , ufgj E�� i RYTOELOPMEiV7 commercial windows and frames, they are about 35 years old and since the building has settled over the years,the window panes were virtually ready to fall out of their frames. The two outside window corners did not have posts in them as they should have, so I am including new posts at the outside corners of the main entry windows.Also the tile is cracking and falling off, ngvdway to really repair it,so I am re framing the window openings and making them larger(taller) and encasing the old tile in new wood clad siding. There was an old elevator door which does not work,so I mae that into a window also.The whole front will need a paintjob, new sign lighting and a repair job on the marquee as well as a new front door. - - e. - - - - - - - - �y' The business Easy Street Coffee and Tea House, LLC. is owned by my wife,Youhong Zhou Smith, so she has hired me to use my business"Olympic Home Improvement" to manage and do the facade work. She will be paying me for my labor, and paying for all the materials. Section B:Goals/Expected results/Products This is an over view of the work performed so far, I will be billing for my labor toward the end of October. The new estimate is based on the front of the building being over one inch out of plumb and out of square which made it much more labor intensive to do the repairs and remodeling. Design new facade layout and draw pians 20 hours Take out all old aluminum tracks for sliding glass doors 1 hour Take out old plywood panels at the window interiors 1 hour Take out 3/4 plywood window shelves 2 hours Take out shelf face panels,trim,electrical outlets, and frame 8 hours cut out old radiator plumbing pipes, cut apart old radiators 2 hours Remove and dispose of old radiators 1 hours take out all old hardware 1/2 hour Take out all old insulation 1/2 hour take of upper panels to access above doors and window areas 1/2 hour Take out all old sheetrock,framing and hardware in window interior areas 3 hours cut and take out all old exterior aluminum window frame members 6 hours take out all old glass window panes 2.5 hours take out rest of aluminum glass frames, nails, screws,flashings 3 hours cut exterior tiles at new window height with diamond blade the saw 2 hours remove all old tile panels, backing, metal grate,grout, nails and screws 4 hours cut out corners of entry tile panes, release from plywood, pry,out 1.5 hours move all debris into truck, sweep and clean area 4 hours cut old framing to new window height 4 hours re frame old window frames to new window sizes 3 hours Add new 4x4 corner posts, attach hardware 2 hours drill, screw and anchor all new framing to old structure, walls, and floor 2 hours shim, level square, plumb new openings to accept new glass 2 hours make special shims and drill for large screws to allow for slant in old framing 2 hours remove old entry carpet 1/2 hour enlarge and reframe entry width to accept new door 2 hours pull off old entry side panel sheathing, reframe side 1 hour. Take off old door sheetrock at interior 1 hour take off old door hardware 1 hour take off all old door frame parts 1 hour re frame interior wall to become new window 1 hour take off old door 1/2 hour reframe exterior at door to become new window 2.5 hours Make all new window frames,stops,trims, sills,and headers 10 hours sand and seal all new window frames, stops,trims and headers 4 hours make all new column panels parts 8 hours make all new under window panel parts 8 hours screw together all new window frames 3 hours screw together all new column panels and under window panels 4 hours sand and seal all new panels, caulk 2 hours install all new window frames,stops, trims,sills, headers 8 hours glue,screw, nail,caulk, seal, and fasten all new panels, window parts,trims 3 hours prime, patch, fill holes, paint and touch up all exterior new wood 20 hours prime, patch, fill, paint and touch up all upper exterior walls 15 hours prime, patch fill, paint and touch up all marquee surfaces 10 hours Re air marquee support end of marquee at outer edge 2 hours take off old soffit at rotted area 1 hour design and fabricate all new framing parts 6 hours take out all old rotten and un -needed marquee frame 6 hours re engineer and re frame all new marquee parts, and frame and backings 8 hours re install new hardware for stantions 2 hours clean marquee roof 1 hour re install soffit, repaint 3 hours take down support wall 1/2 hour add new roof sheathing 1 hour add new torch down roofing 4 hours install new sign lighting 3 hours clean up, dump runs,dump fees,set up and take down of ladders, etc. 8 hours install all new glass panels 2 hours install new entry doors 3 hours install new door closers 1 hour touch up and clean up 4 hours Total labor hours for complete facade remodel 238 hours @ 50.00 per hour= $11,900.00 Materials raw rough cut timber for making windows and trims 1800.00 paint and supplies 250.00 caulks, nails,screws,glues, blades, bits, sand paper, mist supplies 150.00 new glass panels 2000.00 new entry doors 1200.00 misc hardware 250.00 scupper and downspout for marquee 75.00 new roofing for marquee 400.00 wood for marquee 300.00 Materials total $6425.00 Goals, Expected Results, Products My goals is to make the facade of 128 west first street safe, updated,clean, and bright, with a new look which will honor the era of the times when these old buildings where first built.The facade will be like new and make the downtown area of Port Angeles feel more alive and cleaner with an air of that old time sea part city that it is now and was. MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 October 9, 2013 6:00 p.m. DOLL CALL Members Present: Thomas Davis, David Miller, Tim Boyle, Duane Morris, Scott Headrick, George Reimlinger Members Excused: Doc Reiss, Staff Present: Nathan West, Scott Johns, Ben Braudrick Public Present: McClellan Smith PLEDGE OF ALLEGIANCE Chair Boyle opened the x'egular meeting at 6:00 p.m. and led the Pledge of Allegiance. APPROVAL OF MINUTES No corrections to the minutes of the September 11, 2013, meeting were heard. The Commission approved the minutes on a 5 —0 vote with Commissioner Hedrick abstaining. PUBLIC HEARINGS: No public Hearings were scheduled STAFF REPORTS Assistant Planner Braudrick presented five project summaries of applications for the Facade and Signage Improvement Grant program. The discussion focused on changes that had been submitted to the City after initial application materials had been distributed to the Planning Commission members. Details of each project were discussed and considered. McClellan Smith, proponent for one of the projects being reviewed spoke to the commission regarding the need and extent of the work being proposed., Following discussion, the Planning Commission voted to approve four of the five projects. The fifth project raised concerns for the commission and staff was asked to contact the applicant to discuss those concerns and to request that the applicant attend a future Planning Commission meeting to provide additional information regarding the project. COMMUNICATIONS FROM THE PUBLIC None Planning Commission Minutes Page 2 REPORTS OF COMMISSION MEMBERS Commissioner Morris expressed concern regarding the number and format of materials that staff had provided via electronic means preceding the meeting. Director West discussed the use of city e-mail accounts and stated that commissioners that have received city e-mail accounts would only receive city information at that city e-mail address. It was also determined that in the future, all attached materials sent to Planning Commission members would be in PDF format. ADJOURNMENT The meeting adjourned at 6:50 p.m. Scott K: Johns, Secretary Tim Boyle, Chair PREPARED BY: S. Johns