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Home My WebLink About001325 Original Contract City of Port Angeles Record #001325 GRANT PROGRAM AGREEMENT BETWEEN City of Port Angeles and Soho Hibachi Steakhouse, LLC, 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 Soho Hibachi Steakhouse, LLC (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 fa(;ade 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 fagade improvements for the property located at 134 West Front Street, Port Angeles; Parcel Number 063000001518, 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 found in the attached Scope of Work, Budget, and Application which is incorporated herein by reference. 2. GRANTEE'S OBLIGATIONS The Grantee wan-ants 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, Scope of Work,Budget,and Application. 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 fade 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 faqade 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 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'X0 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. PA YMEN T 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,t;00.00. 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 510,000, 0. - 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. Effective Date. Grant was approved by the Planning Commission on October 11, 2017 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 pat-ties. 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 Contractors [Jcense. 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: - 3 - e 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 MAgagement 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. 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: Soho Hibachi Steakhouse,LLC Dan McKeen,City Manager Dong Mai Date:— al, i J Date:— Approv as fonn: '7 William E. Bloor,City Attorney PROJECT OVERVIEW Grantee: Soho Hibachi Steakhouse, LLC Grant No. 17—06B Section A: Brief Description ........... This project will result in the installation of a new sign. Goals/Expected Results/Products: Budget Installation of a new sign. 21 AGeneral The project will result in: See attached Application SCOPE OF WORK AND BUDGET Grantee: Soho Hibachi Steakhouse,LLC Grant No. 17—06B Section C: Project Schedule and Budget 7............................ Budget Project Activities Project Applicant's City Category Totals Contribution Contribution 21 AGeneralAdmin Materials and Labor $3,055.00 $2,055.00 $1,000.00 .......... -6 - / FSG FACADE AND SIGN GRANT APPLICATION � onw / r o/,„ ,%;//%//�/✓ei„��f��/Ji�l////„�///!!%crlrl//,!//i/�/c// / ,,,r,,,,;,;//,,,,,,s/,,,,,,,,/r ,,,,,%,l„�/,rrfr/,i/��i,,,,,,,,,;,,,. pptirrt Name � . ^ W �r, ,. / r w. ifaraq Address ontact Name (or SAME): u r; �;41 �� , ,�� ;�� ..._ Contact Phone Number, Prna0ddr ss. t;-'� Property OwnerName- aai6iraq Address, 1'",u4Ivo„ "'; 'T Property Owner Phrens Nawab r: a � °'„ 4 0 1,the Contact„ have read the Facade and Sign Grant Information tion aand Award Cover Sheet Handout and understand bath than grant award process and required ppfacaation materials for srrbmr ssrcara aapprovM /,.i r c///ii%./ /,,�r, ,� / �.. ,,,/�i//r,r„ ,,,, Y.,,, „ ._, ,,, ,,, ”.r is r/ r ,,,,; ✓ !rr.. / / - ,„ Business Name: o o ! usin ss Address.—i Business T pe/Descraptrrara: 41 r.. / / Improvement'T p t=aacada raarot Print Project Description, y`"k1 y:., ID Su ru Grafi Start mate: Prad I t :w.. i Project cost: .,'..,'. TctaV Funding requested: (F acade, not to_ rid 1 Ok and Sign not tD Axceed Ik) / /r K"'a !ir The owner(s)of the above property is t ffl aware and agree to epi proposed improvements described rru grant aappkc bora.Applicant must have any changes to project proposa9 approved by property owner(s) Applicant's Signaature hate; Property Owner's,sigratre:� ' �, :. Lite: I� I,I cx am OF 9 4> "A Crouch Concrete, Inc. PO Box 985 arts orrg WA 98324 (3 0) 683-1856 Estimate # 9/19/2017 360 Estim E. Benson Studios ,Jeanine Kawal 729 Benson Fid. Exterior Columns Part. Angeles, WA 98363 Description Total Labor and materials to form, pour, and install cast concrete column 8,891.45T sections to be installed with reveal between sections. Natural grey. Refined raw concrete appearance. Sections will be cast maximum 314" thickness. All labor and materials. All wood structural work to be done by others. Bid assumes prevailing wage scale with certified payroll. Labor and materials to overlay column sections on 5116" smooth Hardie board and install as described above: $6873.00 Subtotal $8,891.45 Sales Tax (8.4%) $746.88 Total Coo ' d $9,638..33 Thank you for the opportunity to he/pr with your project. Quotation Quote #: Q 37 6 3 4aS Pecrx,atalsccm ,_com .- Date: 59/15 1. 1 8300 S.200-Street Time: 5 7 : 4 2 a . Cent,WA 98032-1214 Paige: I. Phone .253-872-8(()41 Fax : 253-8712-4937 Sold to: Attn: JEANINE KA AL Ship to: E . BENS014 STUDIOS E. BENSON STUDIOS 729 BENSON ROAD 729 BENSON ROAD PORT ANGELES, WA 98363 RU'R:T ANGELES, WA 98363 _ 654486 Quoted to Teleohone Fax _. Sales rson 9 Terms FOB Point Ship Terms __......._........._ LCA " Ln# Quantit Uk Description Unit Price UM Extended Price JEAN INE., SEE BELOW QUOTE, FREIGHT II1ULU17EL LOM 1Z CARRIER RIE. PACKAGE TO PROTECT FOB KENT WA. SKID SIZE: APPROX. 6""T x49""N x121.""L T AL 'ET AR 735 LEATIME 15 BUSINESS DAYS UR CU ACCEPTANCE SEE ADDITIONAL SHEARED STAINLESS PER YOUR REQEST. THANKS ERIK C ¢ �.'' 3 STAINLESS ,STEEL SHEET 188 . 2655 X64 . 7 8 T354 #4 18 GA ( . 048) SHEAR 24" E 125" SHEAR. TOLERANCE:+/-. 563 2 6. 55 EA CARBON SHEET 333 . 3350EA 2533 . 51 A606 COR--TEN 16 GA ( . 565) SHEAR 48" R 1.20" SHEAR. TOLERANCE +/- . 1163 FREIGHT" OUT TOLERANCE Subtotal. 2564 .79 Value Added Services : Wat. r jet _ Laser - Plaz Bending Freight: 5 .113 Drilling - Sawing and more LET GIS HELP YOU TODAY 0 10 . 000% Tax: 5 . 55 TOTAL: 2564 . '79 We appreciate the opportunity to be of service Serving our customers since 1981 WIN62 Leighland Ave ESTIMATE Peart Angeles, WA 98362 rsschmidtent@gmal.l.com ME RSSCHSS895OF Date 9/22/2017 RS SCHMIDT 460-6453 Invoice # 1043 ENTERPRISES INC Terms 50150 SOHO RESTARAUNT Custom Interior Carpentry, 134 W Front Street Cabinets, Prefinishing, Kitchen & Port Angeles, WA 98362 Bath Remodels, Decks and New Construction. Quantity Description t Rate Total 50% Deposit due at scheduling. Remaining balance due at completion. SOI-10 RESTAURANTBUILDNG FACADE Public works project-all employees are paid in compliance with prevailing wage requirements for Clallam County. 8 I..,abor: General repairs to building facade including 90 0012.5 720.00 T removing and replacing damage and rot, Materials- General repairs to building facade including 240,00 240.00T removing and replacing damage and rot. 8 Labor: Carpentry prep work for the concrete pillars and 9()00125 720.01T electrical Materials: Carpentry prep work for the concrete pillars 120,00 120.000 and electrical 8 Labor: Remove existing entry door casing and transom 90 00125 720.01 T wrap and install stained wood trim. Materials: Remove existing entry door casing and transom 43100 432.00"T" wrap and install. VG Fir or Sapiele. Stain/Tinted finish to match with spar varnish. 16 Carpenter I-abor: Install owner provided Corten Steel 90,00 125 1,440.021" Metal facing. 16 Laborer Labor: Install owner provided Corten Steel Metal 73 30125 1,172.112T facing. Materials: Install owner provided Corten Steel Metal 120 OO 120.00T facing. Lift Rental 2 weeks L44000 1,440.00-1- Subtotal Sales Tax (8.4%) TOTAL Page I WIN62 Leighland Ave ESTIMATE Port Angeles, WA 98362 rsschlm*dtent@gmall.com RSSCHSS895OF Date 9/22/2017 RS SCHMIDT 460-64S3 Invoice # 1043 ENTERPRISES INC Terms 50150 SOHO RESTARAUNT Custom Interior Carpentry, 1,34 W Front Street Cabinets, Prefinishing, Kitchen & Port Angeles,WA 98362 Bath Remodels, Decks and New Construction. Quantity Description Rate Total 16 Retinish existing entry door and sidelight. Tinted finish to 55 00 880.00T match with spar varnish. No new hinges or hardware included. 64 Prep and Painting of all existing exterior facade. 55,001 3,520.001' Prep and paint materials �'1500 00 1,500.00T Electrical - Labor and material Allowance to trove existing I AX)o 00 1,000MT fix tures/install new owner provided fixtures. Subtotal S14,024 87 Sales Tax (8.,4%) S1,17&09 TOTAL $15,202.96 Page 2 i >fi r;iii f� I / i v J/ i r" A r ii i rj �j 'w; SIM', 1 r w iii p �I/ i c, p� f 76 4 u t0 1 �t r Qk j ra 1 fBd 1. E 0 o c 0 c u m E o 0 41-- -0 00 Nt X E 0, o > -C Ln c 0 0 c x c u x E (D 0) 0 Ln 0Ln Q0 m c c c C C 4-J m E , :3 0 0 u 'UiI E 0 -C - c c 4- C 0 u 0 0 m u E x c 4- E c 0 m w 0 0 4.. 4.4 U im E c _0 c 4-# 0 .-c E E E m C c -a 0 0 z-0 E E 4-0 M 41; c m c c C W o U > u u E w c C 'm c U M z U ("/Z E u :3 4) u U U- C 4-1 I...........I..... ,I Proposed Sign Improvement 134 W. Front Street— Port Angeles, WA September 2017 Project to be started and completed in the month of October 2017 Our goal is to update the sidewalk-facing sign to improve both the visibility and the character of the restaurant in a way that is cohesive with the city's cultural atmosphere. Material choices are congruent with other proposed facade improvements, and reflect the local appeal of reclaiming retired goods while also maintaining modem elements. Here is the current sidewalk-facing sign which measures 36: x 48": ii ii ilii ��iiiiiiiiii � ��f�,,% 110 0 LO 0 0 u'a LO Cl) Arl LO � r f CL 0 0 � Cc 0 a Hca MEQ C t@S ft9 &db u0 c SU Lo cv) QCU ' .SC CFk r r� co 4J SC �-- ' fL1 �t LPA V/3 Here is a rendering of our proposed improvement to be attached to the same location: Chanr*l below a0o s for ete(,Nrtr,a9 Tube stock with trip Nuns. Sai'Nd` d steel bi, lC'"V"b«"^:'N 'a' d' sandwiched tcgether.. "SOHO"le tt 'Nrhg water_J, t cut in Montserrat fond. 3642" emanating w., ffly from within of PsaA' ad�d soft white?Na"a backing inside materW )4i ease readahlit Wrapped in band of staN nNess or»<~ki n"inurrw(thirAnes;s exaggerated, see figure A for pro ,rt orr to barrel end widths) FIGURE