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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. - 1 - I 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. - 2 - 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. - 3 - 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. - 4 - 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 - 5 - 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 $10,000.00 - 6 - ATTACHMENT B City of Port Angeles ` Facade and Signage Improvement Grant Program APPLICATION FORM • a • 4 Applicant Name: Mailing Address: Home Phone: `i� r Z�C�(S/ � Email Address: ' XCom Business Name: rr2?d I Le- Business Type/Description: 11 C {� Building Address: �i 5 0 " �J�` 3 L• PO r- �{�J6 La,5 LJ Improvement Type:NFagade nign Brief Project Description: (�(,U�66 , 70 Cl d z-,-7 ,1441)r'�f�'S Anticipated Start Date: I` D/5 Anticipated Completion Date: Estimated Total Project Cost:$ � 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 sow cn +�.� f r � i � { gyp y>t /� •1� � ,Y i�.: i r�.� r��. S': i x � S ��'�. It � I J5.. 4 , . 4 tt Aw Y. J { � \ t� � y 1 � $ � ^t•w'�" � ..�.-.fir'® �` x \\ ' '.� * �.'�w-�,.:-avr:���;>� -�° ^�°�`�; �."�* - ., � • sue: �� .. F €t a tr i II z 7 3 F 9 INDNHOVIiV 1'71 - �. N , Cil a a 4Y T:. 9 IN3WHOVJ-iV 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