HomeMy WebLinkAboutContractCAG-18-244
FACADE IMPROVEMENT AGREEMENT
RECIPIENT/OWNER
This Facade Improvement Agreement (the "Agreement") is made this 13 day of November 2018,
between 4 Sisters Holistic Remedies LLC ("Recipient"), a Washington limited liability company
and the City of Renton ("City"), acting by and through the Department of Community and
Economic Development (CED), having its office at 1055 South Grady Way, Renton, Washington
98057, and is executed for the purpose of providing funding to Recipient through the Small
Facade Improvement Program (the "Program") created in partnership with the Port of Seattle
for the rehabilitation of the facade of a building located at 903 S V St, Renton, Washington (the
"Property") with such rehabilitation providing public benefit.
WHEREAS, the Recipient desires to rehabilitate, renovate, remodel and improve aforesaid
premises in accordance with Local and State Codes.
WHEREAS, the City, acting through the Program, intends to make a payment to the Recipient
upon the completion of their approved facade project, up to an approved amount.
WHEREAS, the City has received funding from the Port of Seattle (the "Port") to implement the
Program, such that funding for the rehabilitation work under this Agreement will be a mix of
Port funding and City funding.
WHEREAS, the City has determined that the City funding associated with this Agreement will
provide public benefit.
WHEREAS, CED has been designated by the City to implement the Program.
NOW, THEREFORE, THE CITY AND RECIPIENT AGREE TO THE FOLLOWING TERMS AND
CONDITIONS:
1. Amount of and Use of Funds. Recipient is awarded up to Ten Thousand Dollars And No Cents
($10,000.00) (the "Funds") and shall use the Funds under this Agreement for customary and
reasonable project specific expenses necessary for the rehabilitation of the fagade of the
building located on the Property, as further described in this Agreement. The Funds shall be
used only for exterior improvements. The Funds shall not be used for interior rehabilitation or
improvements that are not included in the approved architectural designs related to the fagade
renovation.
• $6,666.67 of the Funds originates from a grant from the Port of Seattle and will be
used to renovate the street -front exteriors of the structure(s) on the Property.
• $3,333.33 of the Funds originates from City budgeted funds for the 2017-2018
fiscal year. These funds are restricted to improvements that provide public
benefit, including enhancing the general business environment, improving public
safety and security and helping attract further investment in Downtown Renton.
2. Rehabilitation Work and Bud -get. Recipient agrees to undertake the rehabilitation work and
adhere to the project budget, as described in attached hereto as Exhibit A and incorporated
herein by reference. The rehabilitation work described in Exhibit A is hereinafter the
"Rehabilitation Work." Any line -item changes in the budget require submission of a written
budget amendment request to CED. If approved, the City will respond with a written letter of
approval to Recipient, and will keep a record of the budget amendment on file.
3. Licensed Contractor Procurement. Recipient agrees to solicit a minimum of three (3)
competitive quotes for the Rehabilitation Work from general contractors licensed by the State
of Washington.
4. Project Timetable. Recipient shall commence performance of the Rehabilitation Work
pursuant to the schedule(s) set forth in Exhibit A. All Rehabilitation Work shall be performed by
no later than March 1, 2019.
5. Accomplishment of Work. Recipient agrees to carry out the Rehabilitation Work specified in
this Agreement with all practical dispatch in a sound, economical, and efficient manner. At its
option, the City reserves the right to cancel and terminate the Agreement if Recipient fails or
refuses to cause commencement of the Rehabilitation Work after a period of sixty (60) days
from the date of execution of this Agreement, or if Recipient fails or refuses to complete the
Rehabilitation Work by the performance deadline specified in Section 4. The City's failure to
exercise its right to terminate this Agreement due to the Recipient's failure or refusal to cause
commencement of or to complete the Rehabilitation Work shall not be deemed a waiver
thereof.
6. Record Maintenance: The Recipient shall maintain accounts and records, which properly
reflect all direct and indirect costs expended and work provided in the performance of this
Agreement and retain such records for as long as may be required by applicable Washington
State records retention laws, but in any event no less than six years after the termination of this
Agreement. The Recipient agrees to provide access to and copies of any records related to this
Agreement as required by the City to audit expenditures and charges and/or to comply with the
Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall
survive the expiration or termination of this Agreement.
7. Term. All activities specified in Section 4 of this Agreement shall begin and be completed
within the timeframes provided, unless the City approves any changes, at the City's sole
discretion.
8. Permitting. Recipient shall obtain all permits necessary from the City or other applicable
jurisdictions to complete the Rehabilitation Work.
2
9. Financial Matching Required. As a condition of receiving disbursements of the Funds,
Recipient shall spend matching funds of an amount no less than equal to the Funds. Recipient's
matching funds must be spent on the Rehabilitation Work. Recipient shall provide evidence of
payment from matching funds with each request for reimbursement.
10. Disbursements.
A. All disbursements from the Funds to the Recipient shall be provided on a
reimbursement basis after portions, or all, of the Rehabilitation Work is complete.
B. For each reimbursement request, the Recipient shall submit a completed
"Reimbursement Request Form" (Exhibit B) to document all Reimbursement Work project costs
for that request, and indicating costs to be reimbursed by the City and those to be paid from
Recipient's matching funds for that request. For each request form submitted, the Recipient shall
provide all supporting documentation for costs claimed in the request. Supporting
documentation for costs claimed includes, but is not limited to, any purchase orders and
subcontractor invoices. The Recipient shall also submit evidence of payment for costs included
in each request. In addition, in each request, the Recipient shall submit evidence of completion
of those portions of the Rehabilitation Work for which reimbursement is sought.
C. Upon Recipient's submittal of a completed Reimbursement Request Form and all
necessary supporting documentation, including the submittal of any missing or corrected
information requested by the City, the City will seek to remit reimbursement payment to the
Recipient for Recipient's qualifying costs within thirty (30) days of receipt of the Reimbursement
Request Form.
D. City reserves the right to retain up to ten percent (10%) of funds available per
reimbursement request until the entirety of the Rehabilitation Work is inspected and deemed
complete.
11. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Recipient agrees as follows:
A. Recipient, and Recipient's agents, employees, representatives, and volunteers with
regard to the Rehabilitation Work performed or to be performed under this Agreement, shall not
discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual
orientation or preference, age (except minimum age and retirement provisions), honorably
discharged veteran or military status, or the presence of any sensory, mental or physical
handicap, unless based upon a bona fide occupational qualification in relationship to hiring and
employment, in employment or application for employment, the administration of the delivery
of Rehabilitation Work or any other benefits under this Agreement, or procurement of materials
or supplies.
3
B. The Recipient will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed, color,
national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital
status. Such action shall include, but not be limited to the following employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay
or other forms of compensation and selection for training.
C. If the Recipient fails to comply with any of this Agreement's non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part.
D. The Recipient is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the project, which
includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal
Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085.
12. Indemnification of City. Recipient shall indemnify, defend and hold harmless the City, its
elected officials, officers, agents, employees and volunteers, from and against any and all claims,
losses or liability, or any portion of the same, including but not limited to reasonable attorneys'
fees, legal expenses and litigation costs, arising from injury or death to persons, including
injuries, sickness, disease or death of Recipient's own employees, agents and volunteers, or
damage to property caused by Recipient's negligent act or omission, except for those acts
caused by or resulting from a negligent act or omission by City and its officers, agents, employees
and volunteers.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate...) then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of Recipient and
City, its officers, officials, employees and volunteers, Recipient's liability shall be only to the
extent of Recipient's negligence.
It is further specifically and expressly understood that the indemnification provided in this
Agreement constitute Recipient's waiver of immunity under the Industrial Insurance Act, RCW
Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated
and agreed to this waiver. The provisions of this section shall survive the expiration or
termination of this Agreement.
Claims shall include, but not be limited to, assertions that use or transfer of software, book,
document, report, film, tape, or sound reproduction, or material of any kind, delivered
hereunder, constitutes an infringement of any copyright, patent, trademark, trade name and/or
otherwise results in unfair trade practice.
4
Recipient agrees not to perform any acts that include use or transfer of software, book,
document, report, film, tape, or sound reproduction, or material of any kind, delivered
hereunder, that constitutes an infringement of any copyright, patent, trademark, trade name
and/or otherwise results in unfair trade practice. Recipient agrees to indemnify the City for any
harm resulting from unfair trade practices.
Nothing contained within this provision shall affect and/or alter the application of any other
provision contained within this Agreement.
The indemnification, protection, defense and hold harmless obligations contained herein shall
survive the expiration, abandonment or termination of this Agreement.
13. Insurance Requirements -General. Recipient shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and Omissions
coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional
Services", for the purpose of this section, shall mean any Work provided by a licensed
professional or Work that requires a professional standard of care.
C. Workers' compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non -owned, leased, hired
or non -owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there
will be any use of Recipient's vehicles on the City's Premises by or on behalf of the City, beyond
normal commutes.
E. Recipient shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City's insurance policies shall not be a
source for payment of any Recipient liability, nor shall the maintenance of any insurance
required by this Agreement be construed to limit the liability of Recipient to the coverage
provided by such insurance or otherwise limit the City's recourse to any remedy available at law
or in equity.
F. Subject to the City's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G. Recipient shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
14. Contacts.
5
For purposes of submitting notices or other written correspondence between parties, the
following will serve as primary contacts:
CITY OF RENTON
Cliff long
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-6591
clong@rentonwa.gov
RECIPIENT
Jennifer leverton
4 Sisters Holistic Remedies
903 S 3rd Street
Renton, WA 98057
Phone: 425-572-0147
jennifer@4sistersholisticremedies.com
15. Property Maintenance.
For the duration of this Agreement, the Recipient shall:
A. Maintain all improvements in compliance with all requirements under the Renton
Municipal Code (RMC).
B. Be responsible for assuring the Property is maintained in good repair and free from
accumulation of debris, graffiti or waste materials; and take all other actions necessary to
maintain and ensure the neat and clean appearance of the surrounding streetscape area. During
rehabilitation of the Property, the Recipient shall maintain a well -kept construction site.
C. Provide the City, its agents and/or its representative the right to inspect the Property
at any reasonable hour of the day to determine Recipient's compliance with these requirements.
16. Miscellaneous Provisions.
A. Independent Contractor. The Recipient shall perform all obligations under this
Agreement as an independent contractor; neither it nor its employees shall be considered
employees, partners or agents of the City, nor shall it or its employees be entitled to any
benefits, insurance, pension, or workers' compensation as an employee of the City.
B. Assignment. The Recipient shall not assign or transfer any interest in this Agreement
without obtaining the prior written approval of the City.
C. Subcontracts to the Agreement. The Recipient shall not enter into a subcontract for
any of the services performed under this Agreement without obtaining the prior written
approval of the City.
D. Written Amendments. This Agreement may be modified only by a written amendment
or addendum that has been executed and approved by the appropriate officials shown on the
signature page of this Agreement.
6
E. Required Approvals. Neither the Recipient nor the City is bound by this Agreement
until it is approved by the appropriate officials shown on the signature page of this Agreement.
F. Article Captions. The captions appearing in this Agreement are for convenience only
and are not a part of this Agreement; they do not in any way limit or amplify the provisions of
this Agreement.
I. Severability. If any provision of this Agreement is determined to be unenforceable or
invalid, such determination shall not affect the validity of the other provisions contained in this
Agreement. Failure to enforce any provision of this Agreement does not affect the rights of the
parties to enforce such provision in another circumstance, nor does it affect the rights of the
parties to enforce any other provision of this Agreement at any time.
J. Federal, State and Local Requirements. The Recipient is responsible for full compliance
with all applicable federal, state, and local laws, rules and regulations.
K. No Benefit for Third Parties. The services to be performed by the Recipient pursuant
to this Agreement with the City are intended solely for the benefit of the City, and no benefit is
conferred hereby, nor is any contractual relationship established herewith, upon or with any
person or entity not a party to this Agreement. No such person or entity shall be entitled to rely
on the Recipient's performance of its services hereunder, and no right to assert a claim against
the City or the Recipient, its officers, employees, agents or contractors shall accrue to the
Recipient or to any subcontractors, independently retained professional consultant, supplier,
fabricator, manufacturer, lender, tenant, insurer, surety or any other third party as a result of
this Agreement or the performance or non-performance of the Recipient's services hereunder.
L. Non -Reliance of Parties. Parties explicitly agree that they have not relied upon any
earlier or outside representations other than what has been included in this Agreement.
Furthermore, neither party has been induced to enter into this Agreement by anything other
than the specific written terms set forth herein.
M. Force Maieure. In the event that Recipient is prevented or delayed in the
performance of any of its obligations under this Agreement by reason(s) beyond the reasonable
control of Recipient (each, a "Force Majeure Event"), then Recipient's performance shall be
excused during the Force Majeure Event. Upon removal or termination of the Force Majeure
Event, Recipient shall promptly perform the affected obligations in an orderly and expedited
manner under this Agreement or procure a substitute for such obligation or performance that
is reasonably satisfactory to City. Recipient shall not be excused by mere economic hardship or
by misfeasance or malfeasance of its directors, officers or employees. As used herein, Force
Majeure Events include, but are not limited to, Acts of God, war, acts of domestic terrorism or
violence, civil commotion, labor disputes, strikes, earthquakes, fire, flood or other casualty,
shortages of labor or materials, government regulations or restrictions, extreme weather
conditions, any other cause or event not reasonably within the control of either party, or any
failure or delay in the performance by City or any third party that is not an employee, agent or
7
contractor of Recipient. The Parties shall use all commercially reasonable efforts to eliminate
or minimize any delay caused by a Force Majeure Event.
N. Governing Law and Venue. This Agreement shall be governed and construed in
accordance with the laws of the State of Washington. Any action for breach of this Agreement
or to enforce or nullify any provision of this agreement shall be instituted only in a court of
appropriate jurisdiction in King County, Washington.
0. Entire Agreement. This Agreement forms the entire Agreement between the City and
the Recipient. Any prior representations, promises, agreements, oral or otherwise, between the
parties, which are not embodied in this writing, shall be of no force or effect.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON
L--,
By: Q
C.E. "Chip" Vincent NJ
CED Administrator
Date
Approved as to Legal Form
Shane Moloney
Renton City Attorney
RECIPIENT
By
ennife Le on
Owner/Member, 4 Sisters Holistic
Remedies LLC
Date
8
Exhibit A
PROJECT DETAILS
4 Sisters Holistic Remedies is currently located at 903 S 3rd St in Renton.
4 Sisters Holistic Remedies opened our doors on December 17th, 2016.
4 Sisters Holistic Remedies is currently in a 3-year lease with another 2-year option at $100 per month
increase.
4 Sisters Holistic Remedies is in the process of leasing the location next to us at 901 S 3rd St.
The expansion took place in August 2018 with a 3-month buildout.
The plan for the addition is to incorporate a Holistic Healing Center with 6 subleased offices.
4 Sisters plan to add an Herb, Root & Mushroom bar serving healing decoctions, tonics, teas and broths.
The current community room will be expanded.
Proposed work is to add a 4-foot awning covering the entire expansion of the outdoor building.
22 feet on the S 3rd, 11 feet over the door, 40 feet on the Wells side of building to cover and establish space
for outdoor seating.
Building signs will be added to Wells, S 3rd and over the entrance.
Gooseneck security lighting will be added to the building to illuminate the sidewalks and promote safety on
the corner of S 3rd St and Wells Ave S.
Design assistance 4 Sisters will be working with consultants, Frontdoor Back, to ensure that the designs and
improvements are in line with the downtown streetscape standards and will enhance security in the area
and promote economic development by attracting new businesses and retail activity.
The Community impact of the awnings and signage are in line with the current goals for the City's
downtown revitalization plan. Previously, the space at 903 Wells Ave S had no exterior signage. The space
has appeared vacant for three years and attracted unwanted attention and generated security issues. The
goal is to always keep visibility around the area so all activity is seen by passerby's, and patrols. Criminals
and or anyone with criminal intent in mind do not like to be seen so more lighting is always better and it is
one of the most effective, and least expensive, ways of combatting crime. The designer is working with the
Renton Police Department to ensure proper measures are taken to make a positive impact on the
downtown.
Furthermore, the expansion will add a healing center, herb bar with indoor and outdoor seating, and the
community room will be expanded to encourage more regular programming. Currently 4 Sisters offers a
free Sisterhood Gathering to local women for caring, sharing, teaching and learning.
The purpose of the gathering is to raise each of us and teach us how to stand in our own power, how to
take responsibility for ourselves and our families and how to build our community. 4 Sisters can no longer
take any new women into the gathering due to the size of our space. 4 Sisters currently has 64 local
women in the sisterhood and approximately 20 on a waiting list. The expansion will allow the group to
continue to grow and spread love and healing to Renton residents.
PROJECT TIMELINE
October:
Design work completed with consultants, Frontdoor Back
Finalize signage and awning designs and approve work to begin
November:
Install awning, signage and lighting
Work to be completed by March 1, 2019
Project Budget
903 Wells Ave S - Holistic Wellness Center
Consultant
Permits
Financing
Sitework
Masonry
Metals/Awning
Thermal and Moisture Protection
Doors and Windows
Finishes
Mechanical
Electrical
General Requirements
Signage
Subtotal
Total Project Budget
City
$7,000.00
$3,000.O0
F$10,000.00
4 Sisters
$11,523.00
$11,523.00
$21,523.00
Exhibit A
_fight fixtures (security) to
Iluminate sidewalk 70 feet
A sidewalk on Wells Ave S
and S 3rd St
For exterior/security
lighting
Signage (exterior)
EXHIBIT B
LOAN REIMBURSEMENT REQUEST FORM
City of Renton
1055 S Grady Way
Attn: Jessie Kotarski, 6th Floor
Renton, WA 98057
Requestor (Payable to)
Name
Address
Phone
Total Original (Total Revised I Total This ( Comments:
Budget Line Item
Project Name
Request Number
Invoice Period
Check if Final Invoice ❑
I, the undersigned, do hereby certify under penalty of perjury, that this is a true and correct claim for
eligible costs incurred in compliance with applicable environmental mitigation measures. I understand that any
false claims, statements, documents, or concealment of material fact may be prosecuted under applicable Federal
and State laws. This certification includes any attachments which serve as supporting documentation to this
request.
Authorized Signature Date