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HomeMy WebLinkAbout000812 Original Contract C7t3e of Port ^"QPcAcI s Re�GOrd a OOOB 9 2 GRANT PROGRAM AGREEMENT BETWEEN City of Port Angeles and Janet Robison d/b/a Lazy Moon Craft Tavern This agreement is made between the City of Port Angeles (hereinafter referred to as the "City") and Janet Robison d/b/a Lazy Moon Craft Tavern (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-eligible activity; and WHEREAS, the City has awarded a grant (Sign Grant #14-07) to reimburse a portion of the costs of facade improvements for the property located at 130 S. Lincoln Street, Port Angeles; Parcel Number 063000513185; and WHEREAS, the Grantee has agreed to perform the work to improve the facade signage 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 and Sign 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 as well as in the Facade and Signage Grant Program Application form that is attached hereto, marked as Attachment C, 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 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 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. i 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 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$957.04. 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 $957.04. - 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. 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. 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; - 3 - • 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. 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 A GREEMENT 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: Janet Robison d/b/a Lazy Moon/C,raft Tavern Title:—C irk:, VYIc Kc4 ,-er— - Title: Date: I d.1 1 Ip / t q Date: / 6 Approved as to form: I William E. Bloor, City Attorney Attachments: A–Project Overview B – Scope of Work and Budget C–Facade and Sign Grant Application - 5 - ATTACHMENT A - PROJECT OVERVIEW Grantee: Janet Robison, d/b/a Lazy Moon Craft Tavern Grant No. 14-07 Section A: Brief Description Funds will enable replacement of a sign projecting from the building facade located at 130 S. Lincoln Street, Port Angeles, in the City's Central Business District (CBD). Funds are provided for replacement materials and labor. Budget Goals/Expected Results/Products Category 21AGeneral Fabrication and installation of a hand painted projecting sign and hardware. Admin. After the recent facade upgrade to the GM Lauridsen Building, the most significant signage for the Lazy Moon Craft Tavern was removed and replaced with an awning. The owners of the business have completely remodeled the interior of the business and want to continue to upgrade the exterior of the building and provide appropriate signage. The expected results will consist of the fabrication and installation of a hand painted projecting sign for the Lazy Moon Craft Tavern including hardware that meets Building Code to adequately and safely secure the sign to the building. Further details are described in the attached Fagade and Signage grant application form marked Attachment C. ATTACHMENT B - SCOPE OF WORK AND BUDGET Grantee: Janet Robison, d/b/a Lazy Moon Craft Tavern Grant No. 14-07 Section C: Project Schedule and Budget Budget Project Activities Project Applicant's City Category Totals Contribution Contribution 21AGeneralAdmin Materials $734.09 $367.05 $367.04 Labor $1180.00 $590.00 $590.00 Total $1914.09 $957.05 $957.04 - 6 - CITY OF PORT ANGB_ES y �. ' FACAD E AN D S1 GNAGE APPLICATION FORM PI-ME APPLICANTS NO& (day): �PQ S0S Cd Ll CELL L SA� y} FAX E-MAIL VAu L lrr PR MY OMER(if cu ferent than the a is t): Gt L AQ t2A DaaI�i; f"l tJ T t C ITYZ - CBD ❑ CSD M'� CA ❑ CO ❑ CN ❑ other ❑ BUSINESS TYPE(or C•f2A C TJ -Ty-,tsv E9.,*t-J � PROJECT TYPE F ° ❑ SICK ANTICIPATED START CATE ESTIATED PROJECT COST` C� c-1 (Please note that cost for work completed prior to execution of award contract cannot be reimbursed. Estimated project cost should reAect items not yet completed.) TO BE ELIGIBLE FOR CONSIDERATION, THE FOLLOWING MUST BE ATTACHED TO THIS APPLICATION: 1. Color photograph of the full front facade of building (street-facing entrance) 2. Site map showing location of building or sign 3. Narrative description of proposed improvements requesting City funding (may include sketches, construction documents, photographs, etc.) 4. Property owner consent form 5. Estimated project budget and timeline 6. Signed copy of Application Acknowledgment Form 7. A list of contractors, designers, etc. who will be associated with the project. 8. Additional application material requested by staff DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 4 a �•.- CITY OF PORT ANGELES FACADE AN D SI GNAGE GRANT PROGRAM PROPERTY OWNERCONSMT IF APPLICANT(S) DO NOT OWN THE PROPERTY IN QUESTION: The owner(s) of property located at 130 Cc>p_ i}--I N COLlq s��are fully aware of and have agreed to all proposed improvements described in this application. Applicant(s) must have any changes to project proposals approved by property owner(s) prior to allocation of funds. Applicant's s ire r 0mler's Sigr re r Q&ner`sNmm(print4 o 0 G, o Ads 3 uiz+ L,ue n Lj Ph"Nmimr �,Z j�, l�l(ol Etreil kl1ess DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 5 r CITY OF PORT ANGELES AJ u FACADE AND SIGNAGE GRANT PROGRAM ESTIMATED JECT BUDGET PROJECT ACTIVITY TIME- BUDGET ($AMOUNT) LINE CITY FUNDED APPLICANT MATCH -:�)( -f//enco 1` x 7 j 4fA 17 X67 ��3 3. 4. 5. 6. 7. TOTAL Please note that any project activity fully or partially paid for with City funds must comply with all applicable federal; state and local laws pertaining to labor standards and payment of prevailing wages. DEPARTMENT OF COM UNITYAND ECONOMIC DEVELOPMENT 6 CITY OF PORT ANGELES L FACADEAND SIGNAGE S NT PROGRAM ACKNOWLEDGM ENT F0FW Once an application is submitted, the information is considered public information. Projects being issued grant money for proposed facade and sign improvements must obtain relevant building and planning permits as required with any new construction. A pre-application meeting with the Department of Community and Economic Development is recommended prior to submittal of application. The City is not responsible for the planning, design, or construction of improvements. The applicant is advised to consult with licensed architects, designers, and/or consultants before proceeding with anal plans. The Planning Commission may award project funding conditioned upon compliance with speci�,cations or terms not included in the application. The Facade Program is funded with CDSG generated money. All funded activities must comply with applicable federal, state and local laws and regulations pertaining to labor standards and payment of prevailing wages for contracted work. Once awarded a grant, you have 120 days to execute a contract with the City of Port Angeles (see example available on the City's website). Funded improvements must be maintained for at least 5 years, after which the grant funds will be forgiven. Failure to maintain improvements while under same ownership may result in a prorated return of funds to the City of Port Angeles. icant's9gria6e Date DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT � HerekDesigt*Vorks GONGEPTUAUZE RENOVATE BUILD 360-808-6161 Port Angeles, WA 98362 Project: Store front signage for "The Lazy Moon Cart Tavern" Design collaboration: Janet Robsion/Tavern proprietor"The Lazy Moon" Charlie Smith/Lindberg&Smith Architects Doug Holst/ Board Member of GM Luaridsen Foundation Paul Herek/ Herek Design Woks Artist Craftsman Project: To improve the exterior of GM Lauridsen Building with whimsical yet professional signage. Keeping the style and period of the building we felt it was important to have a turn of the century look and feel. Using modern fabricating features. The colors reflect The Lazy Moon's logo and compliment the exterior colors of the overall building.The steel scroll work and cast iron accents give the frame work a fun old time feel. The hand painted process will allow long life for the sign without peeling or fading; using high quality materials ensures safety against high winds. Respect ly, Pa Here HerekDesignWorks Estimate G0NC-EPTUALIZF RENOV ATF 1X> DATE: 10123/14 Invoice#: Lazymhangingsign102314 SERVICE PROVIDER CUSTOMER The Lazy Moon Craft Tavern Herek Design Works 239 West 5th St. 130 S. Lincoln St. Port Angeles,WA Port Angeles,WA Phone: (360) 808-6161 Phone: (360)452-2802 Fax: 888-388-9614 PROJECT DESCRIPTION: Installation and fabrication of store front hangin sign for 130 So. Lincon st. ID DESCRIPTION QTY UNIT TOTAL 1 M.D.O sign board 3/4"double faced 1 70 $ 70.00 2 Square tubing 1-1/2"x 1-1/2"x 120 8 feet 1 31_92 $ 31.92 3 Scroll art.49117 1 3.94 $ 3.94 4 Scroll FS50D1 FT 2 4.84 $ 9.68 5'Scroll FS50C1FT 1 5.79 $ 5.79 6 Finial art 126/B/4 1 1.16 $ 1.16 7 Leaves Iron 6 1 $ 6.00 8 Finial art 128/33 2 2.8 $ 5.60 9 Fabrication of frame 1 600 $ 600.00 10 Hand painted sign double sided labor 1 1180 $ 1,180.00 SUBTOTAL $ 1,914.09 THANK YOU FOR YOUR BUSINESS! TAX RATE $ 0.09 Signature/Stamp SALES TAX $ 170.35 Place: SHIPPING AND HANDLING $ - New balance TOTAL $ 2,084.44 N 10 v4 N OWN! 0 PA b v (l� af Art N1 I ly I N A his SIR A H 11 Lw $ H r. W ' Z O F t N W � N Z r, apt O ti f RL Q ^� Q W U AlTv N LIP 3 i- �x m Z tli } Q H H LL 'Q U z H g Z o tL u ul � Q 0 ( p � u N u w z z Q � a o (Y- O 0 w LL E U > U o w Z a �'- Z a 0 w U � z Q o o- t z LU mp � o r U QN Winn,, K U m p z U uj w Lu ELI LLI s 7 I y _ j Z W J z Q 00 . lt1 O co i •c, k IN I a w W w O 4` � Q i � 3 y vb _. 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