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HomeMy WebLinkAbout001227 Original Contract City of Port Angeles Record # 001227 GRANT PROGRAM AGREEMENT BETWEEN City of Port Angeles and Ruddell Auto, 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 Ruddell Auto, Inc. (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 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 1714 East 1 st Street, Port Angeles; Parcel Number 063000101305; 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 Budc-let, 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 xork 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 - 9 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 2M,lo of the amount for each year the facade improvements were maintained. 3. BUDGET The City kill 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 \t ill be eligible for reimbursement. It is understood that this agreement is funded with CDBG program income funds. The Grantee acknowled-es and agrees that the funds must be used only for CDBG-eligible expenditures. 4. PA YMENT 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 S 10,000.00. - I - 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 April 12, 2017 which is the effective date of this agreement. C. Indgpei dent 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 Recognition. The Grantee will insure recognition of the roles of the City in providing services through this agreement. I. 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. B. Documentation and Record Keeping, The Grantee will maintain thorough records pertinent to the acti%itics 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, �ill 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: Ruddell Auto, Inc. By: J By: U Title: / , Howard Ruddell . Ruddell Auto. Inc. Date: 6 S Date: App ved as to form: i William E. Bloor, City omey PROJECT OVERVIEW Grantee: Ruddell .-auto, Inc. i Grant No. 17 - 01 Section A: Brief Description Funds will be used to provide landscape Improvements along the I" Street right-of-way per the attached application. GoaWExpected Results/Products: Budget Landscape Improvements along the I'Street right-of-way Catego 21 AGeneral The project will result in: See attached Application Admin. - 5 - SCOPE OF WORK AND BUDGET Grantee: Ruddell Auto, Inc. Grant No. 17 - 01 Section C: Project Schedule and Budget Budget Project Activities Project Applicants City Category Totals Contribution Contribution 21 AGeneralAdmin Materials and Labor $22.836.00 S12.836.00 510,000.00 - 6 - FSG - FACADE AND SIGN GRANT APPLICATION Department of Community & Economic Development 321 E. 5th Street, Port Angeles, WA 98362 360.417.4750 wwwxityof pa.us I ced@cityofpa.us = MAR 2 $ 2017 ^rrr n +rte Jt!�Et /� APPLICANT AND PROPERTY OWNER INFORMATION Applicant Name. u()0 �t L. �} 0 C grCUI Mailing Address: I I1 4 f ' ' ,�2S Contact Name (or SAME): }�A v_tt 5 R OCA E43 o!LT A,��C— L C3 �, fa- Contact Phone Number:l� o 4t o57 15 Email Address: 1e1,K rrrJ 0° ?u 8KLL A U_(0.(0M Property Owner Name: C, Mailing Address: Property Owner Phone Number: I� I, 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 aproval. BUSINESS INFORMATION Business Name: RU W_L_L Auto Business Address: 2ST s Business Type/Description: Auto M 0b) Lr_ DCALE(7-SH, �_url "JA 3 Jo(9--- PROJECT INFORMATION Improvement Type '9. Facade Grant Brief Project Description: LA b�I PE CAD �. ❑ Sion Grgnt I M P ICyJ-�—r�rc4df— Si—� D�_:rA I U E 0 Start Date: 4- 1 L4 7 D 5-S'e Ie 1 Lri (,-&J PITTA C 4-t Fp End Date: (0'S 6 ' 17 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.Applica3� x= s roject proposal approved by property owner(s) Applicant's Signatur Date: 3—"2 9 ` 11 Property Owner's Signature: Date: FACADE & SIGN GRANT APPLICATION CHECKLIST Department of Community & Economic Development 321 E. 5th Street, Port Angeles, WA 98362 360.417.4750 1 www.cityof pa.us I ced@cityofpa.us iNOW Check all that apply. An application may be deemed incomplete without the following elements being checked off: [D,-Application Form Project Narrative explaining need for improvement and what is being improved. Project Budget Details: Cover page including: Individual Elements (Windows, Paint, Facia, etc.) Q'Separating Labor and Materials [3Total Project Cost without Tax DContractor Estimates Oj Before Color Photograph or rendering of each building fagade Dimprovements are proposed for. n— '-After Renderings with all work completed JD--Any engineering documents involved in project �; P� Landscape beautification @ Ruddell Auto March 28, 2017 Ruddell Auto is pleased to submit our landscape beautification project to the City of Port Angeles. We are complementing this project with our major expansion and building remodels on our campus location of 110 Golf Course Road and 1714 E. First Street. The site location is the east bound exit direction and will be a similar beautification to the welcome landscape sign project located on 1807 E. Front Street. This landscape artistic project will highlight the future median landscape project at the triangle intersection entering Port Angeles. Our community and our visitors will enjoy the beautification of this key couplet location averaging 30,000 daily vehicle traffic counts entering and exiting our City. Ruddell Auto is very excited to team with Jackson Smart and Andrew May who has provided beautiful artistic landscape facade projects throughout our community. They have designed and built a 1/10`h scale model of the project of site location. The detailed design includes every angle and height for optimum visibility. The landscape design includes multiple native plants and purposely hand selected rocks specifically matched and sized.The horticulture design provides very low maintenance and the plants are specifically selected to maintain the height and minimize growth as successfully demonstrated at the Front Street Welcome Sign. Along with a wonderful beautification this project provides future benefit as a type of pocket park that can be utilized and carried over should the ownership of the property ever change. The Ruddell family has held property holdings in Port Angeles since 1941 and the dealership is growing and expanding, most recently with the securing of the Chevrolet franchise. We are ready to proceed immediately with the project. The project will be revealed with a celebration at the Annual Ruddell Cruise In event July 14"', 2017. Thank you for your consideration. Project Budget Plants, Rocks, gravel, soil, driftwood, concrete, excavator and crane rental $10,561.00 Ruddell Auto Project Match - labor, design, and signage $12,275.00 Total Project Cost $22,836.00 ►v'� l �. "'`� � � . �t �" � �, r ,. �. �+ �r ar �� . �• �. � �... �"r .a � � �.. ry R►p. ! i "` .1 �a •M '� i ��` Y .� ` � • r .u6 s w yi k. _ � M Overview of Site for • • • Auto Jackson's Signs SignScape project 27 March 1 a I ti- w u a ...,, tararw�n wy I _. . �- , �. X2.1ng s�C�at�3 e o, err �, 131011A3tfl+ ~ +� low— . F t i •<�:X sMiAfi