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HomeMy WebLinkAbout25779AGREEMENT INFORMATION AGREEMENT NUMBER 25779 NAME/TYPE OF AGREEMENT THE BAKEHOUSE ART COMPLEX, INC DESCRIPTION AMENDMENT NO. 4 TO GRANT FUNDING AGREEMENT/AMENDING EXHIBIT B/C OF THE AGREEMENT/FILE I D : 11847/R-22-0171 /MATTER I D : 25-2550 EFFECTIVE DATE September 30, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 10/3/2025 DATE RECEIVED FROM ISSUING DEPT. 10/3/2025 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Office of Management & Budget DEPT. CONTACT PERSON: Gabriel J. Brito EXT. 305-416-1203 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: THE BAKEHOUSE ART COMPLEX, INC. IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT AMOUNT: $2,000,000.00 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 AGREEMENT AMENDMENT #4 PURPOSE OF ITEM (BRIEF SUMMARY): Execution of the fourth and final Grant Amendment for the Bakehouse Art Complex, Inc. ARPA Grant, for a final budget line adjustment for electrical components of the project (modifying Exhibit B/C of the Agreement) COMMISSION APPROVAL DATE: 05/12/2022 FILE ID: 11847 ENACTMENT NO.: R-22-0171 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: N/A ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR October 2, 2025 1 09:14:53 EDT PRINT: MARIE SIGNATURE: "MAGGIE" GOUIN Signed by: `-✓7 SUBMITTED TO RISK MANAGEMENT October 2, 2025 1 09:22:49 EDT PRINT: DAVID SIGNATURE: ltJ 31796C5495 D S'g dby: Ctumi C AAAth October 2, 2025 1 10:05:20 EDT SUBMITTED TO CITY ATTORNEY October 2, 2025 111:05:43 EDT PRINT: GEORGE SIGNATURE: 94 54 �: �i'�'ONG, III D S'gnedby: C88�,or t (11SolAJ) (l( APPROVAL BY ASSISTANT CITY MANAGER October 2, 2025 1 11:10:21 EDT PRINT: ERICA T. SIGNATURE: ((b E 24BB PASCHAL DARLING, CPA, CFO DocuSigned by: '"''"` P.-"" APPROVAL BY DEPUTY CITY MANAGER October 3, 2025 109:47:44 EDT PRINT: NATASHA SIGNATURE: E of ROOK-WILLIAMS DocuSigned by: [±%1411.44 Col44464-WatZ441.4 84g700975DEA416- APPROVAL BY CITY MANAGER October 3, 2025 110:05:49 EDT PRINT: ARTHUR SIGNATURE: NATUR : NORIEGA, V DocuSigned by: a A Novic . 850CF6C372DD42A ATTESTED BY CITY CLERK October 3, 2025 1 16:05:19 EDT PRINT: TODD SIGNATURE: B. HANNON DocuSigned by: ii ^v�� E46D7560DCF1459 PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER AMENDMENT NO. 4 TO THE AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") GRANT FUNDING AGREEMENT WITH THE BAKEHOUSE ART COMPLEX, INC This Third Amendment to THE BAKEHOUSE ART COMPLEX's American Rescue Plan Act of 2021 ("ARPA") Grant Funding Agreement ("Amendment No. 4") is entered into the 30th day of September , 2025 between the City of Miami, 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 ($2,000,000.00) in ARPA Funds ("ARPA Funds") in order to undertake repairs and renovations to the structure and envelope of Bakehouse Art Complex building located at 561 NW 32nd 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, PROVIDER executed a Second Amendment to the Grant Agreement on July 26, 2024 ("Amendment No. 2"); and WHEREAS, PROVIDER executed a Third Amendment to the Grant Agreement on February 13, 2025 ("Amendment No. 3"); and WHEREAS, Exhibit B/C o£ 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-Amended 3" of the amended Agreement must be further modified to reflect current construction estimates; and WHEREAS, this Amendment No. 4 only amends Exhibit B/C of the Agreement, while 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 are hereby acknowledged, the parties hereto agree as follows: 1. All of the above recitals are true and correct in all respects and are incorporated by reference herein as though set forth in full herein. Page 1 of 4 2. "Exhibit B" of the Agreement is amended with the "Exhibit BIC-Amended 4" attached to this Amendment No. 4 and incorporated herein by this reference. 3. Section 1.1 of the Agreement, titled "EXHIBITS" is amended to reflect the following exhibit list: Exhibit A Amended Exhibit B/C Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit 1 Corporate Resolution Authorizing Execution of this Agreement Scope of Services 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 Anti -Human Trafficking Affidavit 4. Except as modified herein, all other terms and conditions of the Agreement, Amendment No. 1, and Amendment No. 2, Amendment No. 3, a shall remain unmodified and in full force and effect. 5. This Amendment No. 4 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. 4 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 of page intentionally left blank. [Signatures on the Following Page] Page 2 of 4 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 3 to be executed by their respective officials thereunto duly authorized on the date above written. ATTEST: CITY: CITY OF MIAMI, a municipal Corporation of the State of Florida citVocuSigned by: 116Ar fUOc ,ber 3, 2025 110:05:49 EDT socrcc37 ooaza_ Arthur Noriega V Date: City Manager PROVIDER: THE BAKEHOUSE ART COMPLEX, Inc. a Florida ' 'ot For Pr. it Corpo on By: Print Name: Title: Lr c-v t.ef f j� et- ATTE T: Signed by: p—DocuSigned by: 4-se Todd Hannon City Clerk 925 116:05:19 EDT Date: APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS CORRECTNESS: rocuSigned by: DocuSigned by: 64,946,0r 2, 2025I 09:22:49 EDT t-01'1, 4,`' 41(2025I 11:05:43 EDT 5313B495Fz'`5A.B0... 1111 8II77FrE9_Fi-&Sz$8D David Rutz Date: George K. Wysong III Date: Interim Director City Attorney Matter #25-2550 October 2, 2025 110:05:20 EDT Page 3 of 4 EXHIBIT B/C-AMENDED 4 SCOPE OF SERVICES (Detailed description of the scope of services must be provided for each service/program) Page 4 of 4 Budget Amendment #4 for Bakehouse Art Complex August 13, 2025 SCOPE OF WORK EXHIBIT BIC with Budget Estimates Goal: to meet structural and electrical deficiencies of 40150 year recertification and to repair roof, seal envelope, and address electrical inadequacies Scope of Work: Description Estimated Cost Schedule 1. Structural Shoring Estimated Cost: $468,759.77 Status: Completed a. Engineer to identify 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 $10K charge per month for the required rental of the scaffolding structure until the structural work is completed below. 2. Design Phase Estimated Cost $62,350 Status: Completed 10/25 b. Engineers will conduct on -site inspections and perform measurements, identify locations and approximate quantities for repair via visual inspection and sounding of structural components and roof. c. Engineers will prepare plans and specifications for the repair of the Unsafe Structural repair in accordance with the Florida State Building Code and all applicable industry standards. d. The specifications and repair plans will be comprehensive, in accordance with the Codes and standards and specific site conditions and/or related building components. e. The specifications will provide specific bidding information and guidelines for the bidding contractors. The specifications will request both lump sum and unit price amounts for the proposed work. f. The specifications will contain specific requirements and information, which must be provided by the contractor, before work may commence. Such requirements include: i. Minimum insurance requirements. ii. A list of at least four (4) references of clients for similar work. iii. A list of at least two (2) references of credit. iv. Company information v, Bid Forms vi. Bidding Instructions vii. Submittal and Mockup Requirements viii. Schedule Requirements ix. Liquidated damages for untimely completion. g. The specifications and repair plans will be specific in regard to: i. Materials to be used. ii. Methods of application iii. Methods of payment iv. Construction Details v. Time/weather limitations vi. Warranties to be provided by the contractor and/or manufacturer. Bidding Phase 3. Bidding Phase Estimated Cost: $9,635 Status: By 12/2025 a. Engineers will assist the client with bidding the scopes and vetting bidders. b. Setting up the bidding process and bid comparison. i. Engineer will forward a copy of the Specifications up to five (5) contractors (approved by the Owner and Engineer) to competitively bid the specified work. ii. Engineers will attend a pre -bid meeting with all 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 bidding contractors an opportunity to review the work areas and required protections. iii. Engineers will provide all addendums as necessary as a result of contractor's inquiries and RFIs. iv. All bids will be required to be sent to the Engineer at a specified date. Upon receiving the bids, the Engineer will prepare a table comparing each of the bids on an 'apples to apples' basis. c. Bid negotiations and bidder interviews. i. Engineers will negotiate bids with the selected contractors. ii. Engineers will attend interviews with the contractors and the Client. iii. Engineers will assist the Client in selecting the contractor by attending the meetings, vetting the contractors, checking the credentials, etc. 4 Engineering Inspection Phase Estimated Cost: $155,946.74 Timeline: By 312026 a. On -site management will be provided by a Project Engineer experienced in similar projects. b. Engineers will provide on -site observations at periodic 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. d. Engineers will monitor progress of the work. e. Engineer will facilitate regular construction meetings and lead a pre -construction meeting. f. Engineers will maintain communication between the EOR's, Contractor and the Client Management. g. Engineer will review Change Orders and Payment Applications. h. Engineer will monitor the Project Schedule. i. Engineers will monitor Requests for Information (RFIs). j. Engineers will provide monthly estimates for total cost and time of completion. k. At the completion of the repair work, inspections will be conducted and punch list items completed. I. Upon final completion, the Engineer will issue a final completion form. m. Upon completion of the project, the Engineer will prepare a summary of work and costs affiliated with the building and entire project. 5. Roof Repairs Estimated Cost: $35,063.63 Status: Completed a. Test moisture penetration of water to the building from the roof. b. Repair sections of the roof per Falcon specs, to seal from water penetration and leakage. 6. Beam and Column Repair Estimated Cost: $581,641.73 a. Remove spalled, 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. Status: Completed 6. Facade Stucco + Brick Repair Estimated Cost: $380,055.56 Status: Completed a. Remove spalled exterior concrete, stucco and brick finishes. b. Protect and clean affected areas. c. Restore finishes. d. Repaint interior and exterior repaired surfaces to restore to original state. e. GC's site preparations and logistics expenses. 7. Electrical Upgrades, Repairs, Supervision Estimated cost: $207,061.92 Schedule: 3/2026 a. Electrical permits, permit expeditor interior/exterior upgrades, and repairs to meet 40/50-year recertification requirements. b. Supervision of electrical work by engineers, if needed beyond 2/2025. c. Electrical engineering drawings and reports. d. Bids and specifications. Budget Summary Subtotal Repair Estimate: $1,900,514.35 Total Estimated Compliance: $57,470 (bldg. permit expeditor, single purpose audit, monthly accounting) Contingency: $42,015.65 Subtotal: $99,485.65 TOTAL. EXPENDITURES: $2,000,000 10/3/25, 4:36 PM ARPA Grant Amendment #4 - Bakehouse Art Complex - Olivera, Rosemary - Outlook • Outlook ARPA Grant Amendment #4 - Bakehouse Art Complex From Brito, Gabriel <GBrito@miamigov.com> Date Fri 10/3/2025 4:15 PM To Olivera, Rosemary <ROlivera@miamigov.com>; Ewan, Nicole <newan@miamigov.com>; Hannon, Todd <thannon@miamigov.com> 10 1 attachment (1 MB) Docusign_APRA_Grant_Amendment_4= _(D5)_ _Ba.pdf; RE: ARPA Grant Amendment #4 — Bakehouse Art Complex Hello All, Please find attached a fully executed copy of the above referenced Grant Agreement Amendment from DocuSign that is to be considered an original for your records. Thank you for your prompt attention to this matter. Gabriel J. Brito CIP Budget Coordinator Office of Management & Budget 444 SW 2 Avenue, 5th Floor Miami, Florida 33130 Phone: 305.416.1203 Gbrito@miamigov.com about:blank?windowld=SecondaryReadingPanel 1/1