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HomeMy WebLinkAbout25107AGREEMENT INFORMATION AGREEMENT NUMBER 25107 NAME/TYPE OF AGREEMENT THE BAKEHOUSE ART COMPLEX, INC DESCRIPTION AMENDMENT NO. 2 TO GRANT AGREEMENT/REPAIRS & RENOVATIONS TO STRUCTURE & ENVELOPE AT 561 NW 32ND ST, MIAMI, FL 33127 EFFECTIVE DATE July 17, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 7/26/2024 DATE RECEIVED FROM ISSUING DEPT. 7/29/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Office of Management & Budget DEPT. CONTACT PERSON: Gabriel Brito EXT. 305-416-1203 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: The Bakehouse Art Complex, Inc (ARPA) IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT AMOUNT: $2,000,000 FUNDING INVOLVED? ® YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ® GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY): ARPA GRANT AMENDMENT #2 PURPOSE OF ITEM (BRIEF SUMMARY): Execution of Grant Agreement Second Amendment with The Bakehouse Art Complex, INC (ARPA, D5), for repairs and renovations to an existing structure. The subject amendment further modifies the line -item budget. COMMISSION APPROVAL DATE: FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: Grant Amendment will only require amendment to the line -item budge. Scope of services and total ARPA allocation will not change, all other terms and conditions of the Agreement shall remain unmodified and in full force and effect. ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR July 17, 2024 I 12:31:39 EDT PRINT: MARIE SIGNATURE: "MAGGIE" GOUIN �DocuSignetl by -_-j4__ SUBMITTED TO RISK MANAGEMENT July 17, 2024 I 12:35:39 EDT PRINT: ANN-M SIGNATURE: kT }IeStiARPE �DocuSigned by Frain), aomvj July 19, 2024 12:58:26 EDT SUBMITTED TO CITY ATTORNEY July 22, 2024 I 14:03:32 EDT PRINT: GEORGE SIGNATURE: S K. WY.III �DocuSigned by Irv, Ukhisat4Ill RECEIVED BY CFO/ ASSISTANT CITY MANAGER July 23, 2024 I 12:38:56 EDT PRINT: LARRY SIGNATURE: SPRING �DocuSigned by APPROVAL BY CITY MANAGER July 23, 2024 I 16:06:53 EDT PRINT: ARTHUR SIGNATURE: NORIEGA V. r—DocuSigned by: a._il _ No(ie, —856CF6G 72DD42A... ATTESTED BY CITY CLERK July 26, 2024 20:58:01 EDT PRINT: TODD B. HANNON ocu ne D Sg dby: SIGNATURE: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER AMENDMENT NO. 2 TO THE AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") GRANT FUNDING AGREEMENT WITH THE BAKEHOUSE ART COMPLEX, INC This Second Amendment to the T111: I3AKC11OUSE ART COMPIJ X's American Rescue Plan Act of 2021 ("ARPA") Grant Funding Agreement ("Amendment No. 2") is entered into the 17 day of July 2024 between the City of Mimi, a municipal corporation of the State of Florida ("CITY") and THE BAKEHOUSE ART COMPLEX, INC a Florida Not For Profit Corporation ('PROVIDER"). RECITALS WHEREAS, pursuant to Resolution No. 22-0171 adopted on May 12, 2022 ("R-22- 0171"), the City Commission awarded PROVIDER Two Million and 00/100 Dollars 032,000,000.00) in ARPA Funds ("ARPA Funds") in order to undertake repairs and renovations to the stnicture and envelope of Bakehouse Art Complex building located at 561 NW 32"a St, Miami FL, 33127 ("Project"); and WHEREAS, PROVIDER executed the American Rescue Plan Act of 2021 ("ARPA") Grant Funding Agreement. ("Agreement") with the CITY dated October 19, 2022 ("Effective Date") for the use of the ARPA Funds pursuant to the terms of the Agreement and applicable laws, rules, and regulations; and WHEREAS, PROVIDER executed a First Amendment to the Grant Agreement on November 16, 2023 ("Amendment No. 1"); and WHEREAS, Exhibit B/C of the Agreement provides a scope of services and a line -item budget which reflects the intended uses of the ARPA Funds; and WHEREAS, the PROVIDER has reviewed the cost estimates of the scope of services and has determined that line -item budget schedule "Exhibit B/C" of the Agreement must be modified to reflect current shoring and construction estimates; and WHEREAS, this Amendment No. 2 only amends Exhibit B/C of the Agreement and does not increase the total ARPA Funds that were approved and awarded pursuant to R-22-0171; NOW, THEREFORE, in consideration for the covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which arc hereby acknowledged, the parties hereto agree as follows: I . All of the above recitals are true and correct in all respects and arc incorporated by reference herein as though set forth in full herein. 2. "Exhibit B" of the Agreement is amended with, the "Exhibit B/C-Amended 2" attached to this Amendment No. 2 and incorporated herein by this reference, Page 1 of 4 3. Section 1.1 of the Agreement, titled "EXHIBITS" is amended to reflect the following exhibit list: Exhibit A Exhibit B/C-Amended 2 Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Corporate Resolution Authorizing Execution of this Agreement Scope of Scrviccs Compensation and Budget Summary Certification Regarding Lobbying Form Certification Regarding Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Form) Crime Entity Affidavit Insurance Requirements Programmatic Reporting Requirements 4. Except as modified herein, all other terms and conditions of the Agreement and Amendment No. 1 shall remain umrzodified and in full force and effect. 5. This Amendment No. 2 may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Amendment. The parties shall be entitled to sign and transmit an electronic signature of this Amendment (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Amendment upon request. 6. This Amendment No. 2 may not be amended, suspended, superseded or otherwise modified except by a written instrument, expressly identifying the modifications made and signed by the authorized representative of each of the parties, Remainder gfpagc intentionallt= left blank. 1Signatrirr.ti on the Following !'rare j Page 2 ot'4 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed by their respective officials thereunto duly authorized on the date above written. LArtOtA b£ Cdmult.v — kovOQ Print Name: CITY: CITY OF MIAMI, a municipal Corporation of the State of Florida TioutcuSigned by: City Manager t tr AJOri aka. D$?4'2Arthur 'oriega V Date: July 23, 2024 1 16:06:53 City Manager APPROVED AS TO INSURANCE REQUIREMENTS DocuSigned by: FratAk teuxtij 27495rFi49 R914E7__ Ann -Marie Sharpe Director July 17 , Date: 2024 1 12:35:39 EDT PROVIDER; TFIE BAKEHOUSE ART COMPLEX, Inc. a Florida Not For Pr it Corporation By: Print . Name: Title: 7.I7 2./ Signed by: DocuSigned by: E46D7560DCF1459... Todd Hannon City Clerk Date: July 26, 2024 1 20:58:01 EDT APPROVED AS TO FORM AND CORRECTNESS: DocuSigned by: lei) w(isbt u) Ill 8877G€QFE4� _. George K. Wysong III Date: EDT CltyAttorney July 22, 2024 I 14:03:32 EDT July 19, 2024 I 12:58:26 EDT Page3 of4 EXHIBIT B/C-AMENDED 2 SCOPE OP SERVICES (Detailed description of the scope of services must be provided for each service/program) Page 4 of 4 Budget Amendment # 2 for Bakelaousa Art Complex July 6, 2024 SCOPE OF WORK EXHIBIT B/C with Budget Estimates Goal: to meet structural and electrical deficiencies of 40/50 year recertification and to repair roof, seal envelope SCOPE OF WORK, Description Estimated Cost Schedule (. fitnrofttral Shnrinrt; 4fiM71, through 7/24 a. Engineer IQ identity areas of concern and work with shoring contractor and shoring engineer to prepare plans, scope and Implement temporary and emergency structural shoring so the building may maintain occupancy and In preparation of structural repairs, This work is completed; however, there Is a $1 OIC charge per month fortis roquirod rental of the scaffolding structure until the structural work Is completed below, 2. Peskin Phese: $62,350 from execution of agreement with Bakehouse. within 00 Lila a, Engineer will conduct on-slte Inspections and perform measurements, identify locations and approximate quantities for repair via visual Inspection and sounding of structural • comp:monis and roof. b. Engineer will prepare plans and specificationsforth repair of the Unsafe Structural repair In accordance with the t"tor(da State Building Code and all applloable Industry standards, a, The specifications and repair plans will be comprehensive, In accordance with the Codes and standards and specific site conditions andfor related building components. d. Tho specifications will provide specific bidding information and guidelines for the b(dd`ng contractors. The specifications will request both lump sum and unit price amounts for the proposed work. e. The specifications will contain speclfio requirements and information, which must be provided by the eon motor, before work may commence. Such requirements Include I. Minimum Insurance requirements, Ii. A list of at (east four (4) references of clients for similar work, A list of at least two (2) references of credit. !u Company information v, BId corms vi. Bidding Instructions vll. Submittal and Mockup Requirements vilf. Schedule Requirements ix, Liquidated damages for untimely completion. f. The specifications and repair plans will be specific In regard to: 1. Materials to be used. 11. Methods of application lit. Methods of payment Iv. Construction Details v, Time/weather limitations W. Warranties to be provided by the contractor and/or manufacturer. 3. Ming Phase: $.ta0t? Within 90 days from cormlietigt) cif audgn Phase a. Engineer will assist the client with bidding the scopes and vetting bidders. b. Setting up bidding process and bid comparison. I. Engineer will forward a nop( o€ tho Specifications up to five (5) contractors ' (approved by the Owner and Engineer) to competitively bid the specified work. if. Engineer will attend a pre -bid meeting with ail bidding contractors, The purpose of the pre -bid meeting will be to review the specified scope of work with the contractors and to provide access to the roof deck and building to allow the hidding contractors an opportunity to review the work areas and required protections. There le no additional fee for the orchestration and attendance of one pre -bid Meeting. ill. Engineer will provide all addendums as necessary as a result of contractor's inqulrlos and RFia Iv. All bids will be required to be sent to Engineer at a specified date. Upon recalvlrtg the bids, Engineer will prepare a table oomparing each of the bids on en 'apples to apples' basis. Falcon will communicate with bidders to clarify and populate all missing or Incorrect entries from lite original bids. c. Bid negotiations and bldder interviews, 1. Engineer will negotiate hlds with the seieoied oontrartore. 11. Engineer will attend interviews with the contractors and the Client. lit. Engii teen will absiet the Client In seleoting the contractor by attending the meetings, vetting the contractors, checking the credentials, et. 4. gnalneerina Insoeptior) Phpeo $165.000 i11enar IVTE=I within eleven ege,gtjts from ewardtnp construction doourneptt a_ On -site rnanagernent will be provided by a Project Engineer under the employment of Engineer, experienced in similar project.% engineering end construction. br Engineer will provide on -site observations at perlodlo points for the term of the contract. c. Field work -In -progress forms will be prepared regarding the quantities and Installation of unit price items and any extra work that may be required. in the case of extra construction work, Engineorwlll provide detailed documentation of the required repair. d. Engineer will monitor progress of the work. e. Engineer will facilitate regular construction meetings Engineer will facilitate and lead a pro - construction meeting with all Involved parties to discuss ovorail work, sequencing, and logistics, including memorializing actions plane and required schedule submittals. f. Engineer will matntein jimmunlcrtion between the EOR's, Contractor and the Client Management. g. Engineer will review Change Orders and Payment Applications, h. Engineer will monitor Protect Schedule (to he provided by the Contractor) 1, Engineer will monitor Requests for information (RFls) and ensure timely responses by the affected parties. J. Engineer will be providing monthly estimates for total coat and time of completion based on the progress of work. k. At the completion of the repair work, the work will be reviewed by both the Contractor's onsite supervisor, FOR and Engineer. if any 'punch Ilst' Items are outstanding, the contractor will be required to complete the work and the outstanding Items will be inspected again. I. Upon final completion, Engineer will issue a final completion form attached lo a copy of the field observation form. n . Upon Completion of the project, Engineer will prepare a summary of work and casts affiliated with the building, and a summary of work and costs for the entire project. 6. Roof Repairs $171.426, TBD fasoit'a1].availability offypd>ipfler,gfppiVInp bids for jhQ flifuctural Wprk. If fund available _ end conth on 1nai- • avitip ylth 5agAnn 3.2 Effe lye Date and Terre QUItEA itxtopsion a. 'test moisture penetration of water to building from roof. b, Repair roof to seal from water penetration anct leakage, 7, Beam_afdQ-oiumril3enalr. 1.5?5.92t, a. Remove a palled, cracked, damaged concrete. b, Remove and replace corroded steel reinforcement. c. Clean and coat steel d. Perform structural repairs of structural concrete beams and columns. a. �p 't�s'rn��S.l�Qnair 44f.4[ii� a. Remove spelled exterior concrete, stucco and bitvkflfIshea. b. Protect and clean effected areas. a. Restore finishes. d. Repaint interior and exterior repaired surfaces to restore to original state. e. GC`$ site preparations and loglstics expanses 9. Electrical UParades and renafrs: TBD a. Permits, interior upgradee, and repairs to meet 40/50-year recertification, b, Supervision of electrical work Subtotal; Repair Estimate: $1,842,072 Toiai Estimated Compliance: $100,000 (accounting, Insurance expeditor, audit) Contingency: $57,020 TOTAL $2,000,000 BAKEHOUSE ART COMPLEX To: Gabriel Brito City of Miami Office of Management and Budget Copies: Marie Gouln, Lal-Wan McGinnis, Alejandro Irizarry, Jamelyn Trucks, Xavier Alban, Richard Appleton From: Cathy Leff, Executive Director Date: July 8, 2024 Sub]: ARPA Reimbursement 21 Bakehouse Art Complex PO 2200588; Supplier #724 The documentation included in folder 21 includes the monthly and quarterly reports, invoices, timelines, expense reports, and financial information. We submitted them along with this report to support our reimbursement 21 request of $112,338.39 to Bakehouse Art Complex per our beneficiary agreement with the City of Miami. The expenses submitted comply with our grant request and are part of the approved $2M grant. Monthly report: Since submitting Invoice 20, we have made tremendous progress on our original scope of work relative to the beams and columns' repairs and are even ahead of schedule (schedules included In CG and Falzon Invoices). However, we have discovered additional columns and a beam on the west and north facing walls that compromise the structure and need repair. Several emails and Zooms were held with City and Bakehouse teams and one with the compliance firm to re-evaluate priorities relative to the $2MM budget In view of the engineers' reports and recommendations and the work required to clear the 40-50 year recertification, all of which conform to the original City of Miami Resolution awarding the funds. We resubmitted to Budget and Management a revised expenditure excel workbook correcting a few coding errors in prior reports, and we reviewed those changes with Management and Budget. We also prepared a budget amendment request 2, included in this folder, to address the critical concerns in view of the $2M allocation and the need to address the recertification issues. We are waiting for final approval of this amendment so we can proceed with the structural work without Interruption. We also will be preparing an amendment 3, knowing that we need to address life safety electrical upgrades as well as roof repairs to see the roof. We will not have sufficient funds to remove and replace the roof, but our engineers have requested moisture tests and, hopefully, they can specify repairs to ensure there is no water penetration. We will prepare an amendment when we have the final estimates in the next few weeks. We believe we can complete the revised scope of work within the budget and timeline, meeting all requirements of the Olty's intent when they awarded us the funding. 561 NW 32 St Miami, FL 33127 1305.576.2828 1 infogbacfl.org / A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/16/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NEA Insurance Group, LLC 8700 W. Flagler St., Suite 401 Miami FL 33174 CONTACT Stella Tamborello NAME: PHONE o, Ext): (305) 221-2400 FAX No): (305) 221-2411 E-MAIL stamborello@avante-nea.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC # INSURER A: Scottsdale Insurance Co. 41297 INSURED Bakehouse Art Complex Inc. 561 NW 32nd Street Miami FL 33127 INSURER B : Ascendant Commercial Insurance, Inc. 13683 INSURER C: ACE Fire Underwriters Insurance Company 20702 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: CL241911643 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y CPS7922493 01/28/2024 01/28/2025 EACH OCCURRENCEDAMAGE $ 1000,000 CLAIMS -MADE X OCCUR TO RETED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1'000'000 GENIIAGGREGATE X POLICY OTHER: LIMIT APPLIES JECT PRO-LOC PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OPAGG $ 2'000,000 $ A AUTOMOBILE XHIRED LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY �/ /• SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y CPS7922493 01/28/2024 01/28/2025 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILYINJURY(Peraccident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE Y EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N Y N /A WC68517-8 01/14/2024 01/14/2025 X PER PEATUTE OTH ER E.L. EACH ACCIDENT 500,000 $ E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT 500,000 $ C Directors & Officers Employee Practices Liability NFPFLG280748032009 12/17/2023 12/17/2024 Each Claim/Aggregate Each Claim/Aggregate 3,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Miami and artist Clara Toro listed as Additional Insured with respects to event. Blanket Additional Insured coverage. Additional Insureds on a Primary and Non -Contributory Basis as per signed contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Miami ACCORDANCE WITH THE POLICY PROVISIONS. 444 NW 2 Avenue AUTHORIZED REPRESENTATIVE y `" 4*— — Miami, FL 33130 �i' ' I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Olivera, Rosemary From: Brito, Gabriel Sent: Monday, July 29, 2024 5:30 PM To: Olivera, Rosemary; Ewan, Nicole; Hannon, Todd Subject: RE: ARPA Grant Agreement Amendment #2 - Bakehouse Art Complex Attachments: Docusign_ARPA_-_Bakehouse_Art_Complex_-_Gran.pdf RE: ARPA Grant Agreement Amendment #2 - Bakehouse Art Complex Hello All, Please find attached a fully executed copy of the above reference Grant Agreement Amendment from DocuSign that is to be considered an original for your records. GabrlelJ. Brito CIP Budget Coordinator Office of Management & Budget 444 SW 2 Avenue, 5th Floor Miami, Florida 33130 Phone: 305.416.1203 Gbrito@miamigov.com i