HomeMy WebLinkAbout001171 Original Contract 0 City of Port Angeles
Record#001171
GRANT PROGRAM AGREEMENT
BETWEEN
City of Port Angeles and
MACK Athletics, Inc.
This Amendment 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
MACK Athletics, Inc. (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 faqade 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 307 South Race Street, Port Angeles; Parcel Number
063000730270; 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 incorporated herein by reference. A listing of detailed
project tasks is marked as the Scope of Work and Budget, 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 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.
All faqade 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 faqade 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.
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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 28, 2016
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 Recog!1ition. The Grantee will insure recognition of the roles of the City in
providing services through this agreement.
1. 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:
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* 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.
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 non-nal 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. 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.
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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: M K Athletics, Inc.
By: a�'— By:
Title: C1*4t4 att Acker, Own'er, MACK Athletics, Inc.
Date: C; 1 '-7 —7 Date:-2-/�//7
Appro d as to form: ud
William E. Bloor, City Attorney
PROJECT OVERVIEW
Grantee: MACK Athletics, Inc.
Grant No, 16-13
Section A: Brief Description
Funds will be used to fagade improvements to northern entrance that will include entryway, fencing
and new retaining wall.
Goals/Expected Results/Products:
Budget The project will result in a rebuilt of the northern dugout, concession stand,
Category new and seating areas, and northern entryway for the new West Coast League
team
21 AGeneral The project will result in: See attached Application
Admin.
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SCOPE OF WORK AND BUDGET
Grantee: MACK Athletics, Inc.
Grant No. 16-13
Section C: Project Schedule and Budget
Budget Project Activities Project Applicant's City
Category Totals Contribution Contribution.
21AGenera]Admin Materials
and
Labor $39,773.00 $29,773.00 $10,000.00
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FSG _ d
FACADE E AND SIGN GRANT APPLICATION
Department of Community & Econornic Development
321 E5th Street,
Angeles, 98362
360,4174750 E w�° city f pa � c�, C�cityofpa.us
APPLICANT AND PROPERTY OWNER INFORMATION
Applicant Narne:' Mailing Address. 1 ° 2-
Contact Name(or SAME): k! � z 'i 't (Naa z
Contact Phone Number: " M Email Address,,
Property Owner Narne:Cailing Address:
Prop"Owner Phone Number,
1,the Contact, have read the Facade and Sign Grant Information and Award graver Sheet Handout and
understand both the grant award process and required application materials for submission apr val.
BUSINESS INFORMATION
Business Name: Business Address,-,
Business Type/Descripbom
PROJECT INFORMATION
Improvement Type
r n Brief Project Description: t:
Sign nt i I 41-W
,girt Catew.
End gate:WRL 26
,(_ Rem' 4 '
PROPERTY OWNER CONSTENT(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 roust have arab changel-tod"'prbleptproposal approved by property owner(s)
Applicant's ignatre Date', il /-3z)k(0_
Property Owner's Signature, tate:
From: 11Wb-Q=
To: jacad-g=1;Fkajamin Rr&dri
Subject: civic facade
Date: Friday,December 02,2016 12:25A9 PM
"I'l'll""I'll'.111'..",ll,",.","'ll,'ll""I'll"..................................... .......... ......................... ............
To: Ben Braudrick, Nathan West, Attn: Planning Commission
We would like to upgrade the existing northern parking lot entrance to civic field.
Inclusive of this plan is to revamp the structures, entryways, and overall aesthetics of the
spoken facade. The existing facade leaves much room for improvement. From the fencing to
the hazardous stairway leading patrons into the ballpark,we are proposing to completely
remodel this portion of the property, which, is highly visible to traffic and the passing public.
As our renderings show, an addition of a more decorative, welcoming gated entrance,
along with an upgraded and updated surrounding fence barrier accompanied by prominent
brick pillars complete with lights and signage badges, will create a noticeable and permanent
improvement to the property and appearance to the public. Necessary to these improvements,
is the construction of an ecology block retaining wall complete with an aesthetically
appealing facade.
These improvements come in lieu of an expansion West Coast League baseball team to our
local market, and are crucial to the perceived value of the success of the team and overall
venture. Moreover, the community involved with/in activities at Civic Field, along with the
community as a whole, will directly,and indirectly benefit from the success of this venture,
and improvement to this Civic property. Thank you for your consideration.
Respectfully submitted,
Jacob Oppelt& Partners
J Oppelt Development and General Contracting
3608082114
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A R C F1 I T E C T S
Fav2gt G ant Cost Estimate
Field North Fnlry
November 30. 2016
Jake Oppell�:
The Movd, is our cm estimale for the C'Mc Field Nonh WeMaWkWhe
e5menN dwt wold be cmWomd the nonh Nqade to the project and would be vis ,ale to
the pubhc Wn the pwklg ks awa and Second StWeL We havo brokai down the
estimate to material and lab(.n,cost,
I Ecology Nock retaining �,vafls
Mock inaterial 5,540,00
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