HomeMy WebLinkAbout24650AGREEMENT INFORMATION
AGREEMENT NUMBER
24650
NAME/TYPE OF AGREEMENT
THE BAKEHOUSE ART COMPLEX, INC
DESCRIPTION
AMENDMENT NO. 1 TO GRANT FUNDING
AGREEMENT/REPAIRS & RENOVATIONS TO THE
STRUCTURE AT 561 NW 32 ST, M IAM I, FL 33127
EFFECTIVE DATE
November 6, 2023
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
11/16/2023
DATE RECEIVED FROM ISSUING
DEPT.
11/16/2023
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
OTHER: (PLEASE SPECIFY): ARPA GRANT AMENDMENT
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
PURPOSE OF ITEM (BRIEF SUMMARY): Execution of Grant Agreement Amendment with The Bakehouse Art
Complex, INC (ARPA, D5), for repairs and renovations to an existing structure. The subject amendment modifies the line -
item budget and the grant term.
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 budget and the grant term. 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
November 6, 2023 I 14:37:41 EST
PRINT: MARIE
SIGNATURE:
"MAGGIE" GOUIN
�DocuSignetl by:
SUBMITTED TO RISK MANAGEMENT
November 6, 2023 I 14:43:43 EST
PRINT: ANN-*AitirgtrARPE
SIGNATURE:
�DocuSignetl by:
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n. November 8, 2023
SUBMITTED TO CITY ATTORNENt iS
November 8, 2023 I 18:42:24 EST
I 11:08:19 EST
PRINT: VICTORf93EZ
SIGNATURE:
PRINT: LARR&Srit`'yi
SIGNATURE:
�DocuSignetl by:
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�DocuSignetl by:
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RECEIVED BY CFO/ ASSISTANT CITY MANAGER
November 9, 2023 I 13:34:16 EST
APPROVAL BY CITY MANAGER
November 9, 2023 I 15:00:40 EST
PRINT: ARTHUR
C9De92.B9 '-E54E4...
NORIEGA V.
ocuSigned by:
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(Ubyi�vrq,�w�,SIGNATURE: D C F 6 C 372 D D 42A
ATTESTED BY CITY CLERK
November 16, 2023 1 06:58:48 EST
PRINT: TODD
B. HANNON
by:
SIGNATURE:
cDocuSigned
E4RD2FRONE Q
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
AMENDMENT NO. 1 TO THE AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA.")
GRANT FUNDING AGREEMENT WITH THE BAKEHOUSE ART COMPLEX, INC
This First Amendment to the Tl1F BAKEHOUSE, ART COMPI.EX's American Rescue
Plan Act of 2021 ("ARPA") Grant Funding Agreement ("First Amendment") is entered into the
6th day o f November , 2023 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
W H EREAS, 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 32" `i St.
Miami FL 3312'7 ("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
Datc") for the use of the ARPA Funds pursuant to the terms of the Agreement and applicable laws,
rules, and regulations; and
WHEREAS, Section 3.1 of the Agreement establishes a tern beginning on the Effective
Date of the Agreement and ending one year thereafter on October 19, 2023 ("Tenn"); 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 rnust be amended
to reflect current shoring and construction estimates; and
WHEREAS, the PROVIDER has requested a time extension to the Terra of the agreement
to allow for the successful completion of the project; and
WHEREAS, this First Amendment only extends the `Perin and amends Exhibit INC 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 sct 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 sct forth in full herein.
Page 1 of 4
2. "Exhibit B" of the Agreement is amended with the "Exhibit BIC-Amended" attached
to this First Amendment 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 Corporate Resolution Authorizing Execution of this Agreement
Exhibit B/C-Amended Scope of Services
Exhibit C Compensation and Budget Summary
Exhibit D Cerlifieution Regarding Lobbying Form
Exhibit E Certification Regarding Debarment, Suspension and other
Responsibility Matters (Primary Covered Transactions Form)
Exhibit F Crime Entity Affidavit
Exhibit G Insurance Requirements
Exhibit H Programmatic Reporting Requirements
4. Section 3.2 of the Agreement, titled "EFFECTIVE DATE AND 'lERM" is amended
as follows:
The effective date of this Agreement is the dale that the City Clerk signs this Agreement
("Effective Date"). The term of this Agreement shall continence on the Effective Date and shall
expire October IS, 2026, unless extended per written agreement by both parties. Pursuant to
the Final Rule, the funds trust be expended by December 31, 2026, and therefore this
Agreement shall not be extended beyond said date. The tern of this Agreement may be
amended, modified, or subject to tcrniinatioii in the event the Final Rule amends the tifnefrainc
for which the binds must be expended.
5. Except as modified herein; all other terms and conditions of the Agreement shall remain
unmodified and in full force and effect.
6. This First Amendment may be executed in any number of counterparts, each of which
so executed shall be doomed 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.
7. This First Amendment 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.
Page 2 of 4
Remainder nfpage intentionally left blank.
[Signatures on the Following Pagel
Page 3 of 4
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed by their respective officials thereunto duly authorized on the date above written.
ATTEST:
re
S Q wCL E 0 R.—
Print Name:
CITY:
CITY OF MIAMI, a municipal
Corporation of the State of Florida
DocuSigned by:
1 NotliaTmber 9, 2023 1 15:00:40 EST
QGFGC3'2 D42A
Arthur Noricga V Date:
City Manager
PR OVIDER :
THE BAKEHOUSE ART COMPLEX,
hie. a Florida Not For Profit Corporation
By:
Print Name:
Title:
DocuSigned by:
ATTET:
DocuSigned by:
(ii
E4619466666F9469_..
Todd Hannon
ber 16, 2023 1 06:58:48 EST
City Clerk
Date:
APPROVED AS TO INSURANCE APPROVED AS TO FORM AND
November 8, 2023 1 11:08:19 ES
REQUIREMENTS
CORRECTNESS: Js
C DocuSigned by DocuSigned by
gcrlb-,,aL44)11-68,
Fa.€FSJ4A5aFE9
t giber 6, 2023
.6S24943406,F2A4S-B
Ann -Marie Sharpe
Director
Date: Victoria Mendez
City Attorney
Page 4 of 4
Date:
EXHIBIT B/C-AMENDED
SCOPE OF SERVICES
(Detailed description of the scope of services must be provided for each service/program)
Amended Budget for Bakehouse Art Complex
September 29th, 2023
SCOPE OF WORK
EXHIBIT B!C with Budget Estimates
Goal: to meet structural deficiencies of
40-year recertification and to replace
roof to seal envelope
Amended Budget for Bakehouse Art Complex
September 29th, 2023
SCOPE OF WORK
EXHIBIT B!C with Budget Estimates
Goal: to meet structural deficiencies of 40-year recertification and to replace roof to seal envelope
SCOPE OF WORK:
Description Estimated Cost Schedule
1 - Structural Shoring: $ 459,725 through 9/24
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 $10,000.00 charge per month for the
required retail of the scaffolding structure until the structural work is completed below.
2 - Design Phase:
$ 62,350 from execution of agreement
with Bakehouse within 90 days
a 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.
b. 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.
c. The specifications and repair plans will be comprehensive, in accordance with the
Codes and standards and specific site conditions and/or related building
components.
d. 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,
e. 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.
x. The specifications and repair plans will be specific in regard to:
xi. Materials to be used.
xii. Methods of application
xiii. Methods of payment
xiv. Construction Details
xv. Time/weather limitations
xvl. Warranties to be provided by the contractor and/or manufacturer.
3 - Bidding Phase:
$ 9,500 within 90 days
from completion of Design Phase
a. The engineer will assist the client with bidding the scopes and vetting bidders.
b. Setting up bidding process and bid comparison.
i. Engineers will forward a copy of the Specifications 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. There is no additional fee for the orchestration and attendance of
one pre -bid meeting.
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 Engineer at a specified date. Upon
receiving the bids, Engineers will prepare a table comparing each of the bids on
an 'apples to apples' basis. Falcon will communicate with bidders to clarify and
populate all missing or incorrect entries from the original bids.
c. Bld 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
$165,000 within eleven (10-month
NTE) months from awarding construction documents
a. On -site management will be provided by a Project Engineer under the employment
of Engineers, experienced in similar projects, engineering and construction.
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. In the case
of extra construction work, Engineers will provide detailed documentation of the
required repair.
d. Engineers will monitor progress of the work
e. Engineers will facilitate regular construction meetings Engineer will facilitate and
lead a pre-+ construction meeting with all involved parties to discuss overall work,
sequencing, and logistics, including memorializing actions plans and required
schedule submittals.
f. Engineers will maintain communication between the EOR's, Contractor and Client
Management.
g. Engineers will review Change Orders and Payment Applications.
h. Engineers will monitor Project Schedule (to be provided by the Contractor)
i. Engineers will monitor Requests for Information (RFIs) and ensure timely responses
by the affected parties.
j. Engineers will be providing monthly estimates for total cost 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 list' Items are
outstanding, the contractor will be required to complete the work and the
outstanding items will be inspected again.
I. Upon final completion, Engineers will issue a final completion form attached to a
copy of the field observation forrn.
rn. Upon Completion of the project, Engineers will prepare a summary of work and
costs affiliated with the building, and a summary of work and costs for the entire
project.
5 - Roof Replacement
$ 223,425 TBD based on
availability of funds after receiving bids for the structural work.
If funds are available, within six months of execution of Roof Replacement Contract
contingent upon compliance with Section 3.2 Effective Date and Term of ARPA Grant
Funding Agreement, and the granting of any necessary extension in compliance with
Section 3.2.
a. Remove low slope roofing membranes to deck, repair deck as needed install new
roof membrane and all related fleshings_
b. Approximate 24,750SF S20ISF = $495,000.00, including removal, insulation,
membrane and accessories (Not inclusive of roof decking if needed). Note unused
structural and contingency funds will be reallocated to the roof upon completion of
structural repairs.
6 - Beam and Column repair
S 750,000 within 7 months
from award of General Contractor Agreement
a. Remove spelled, cracked, damaged concrete.
b. Rernove and replace corroded steel reinforcement.
c. Clean and coat steel
d. Perform structural repairs of structural concrete beams and columns.
7 - Facade Stucco and Brick Repair
$ 200,000 within 6 months
of award of General contract agreement
a. Rernove spalled exterior concrete, stucco and brick finishes.
b. Protect and clean effected areas.
c. Restore finishes.
Total Preliminary Repair Estimate: S1,570,000
Total Estimated Compliance: $75,000 (to cover accounting, owner's rep, Insurance, audit)
Contingency: $55,000 (contingency and asbestos survey and abatement)
TOTAL $2,000,000
BAKEHOUSE ART COMPLEX
To: Gabriel Brito,
CEP
City of Miami, Office of Management & Budget
Copy: Marie Gouin, Lai -Wart McGinnis, Jose Caldeira, Alejandro Irizarry, Jamelyn
Trucks, Xavier Alban, Richard Appleton
From: Cathy Leff, Executive Director
Date:September 29, 2023
Subject: Request for Budget Amendment
Re: Bakehouse -City of Miami ARPA Beneficiary Grant PO
2200588; Supplier # 724. UEI: LPN7M9K61G61
Per your request, our meeting, and acknowledging where the budget seems to be
going in view of the required ongoing shoring through the completion of each
phase of the structure, I am requesting a budget modification.
Per the attached Proposed Amended Budget Exhibit B/C, we are requesting a
decrease from the roof replacement cost now estimated at $495,000 and projected
based on availability of funding after structural repairs were complete (see also
attached original budget Exhibit B/C below). The remaining balance in the roof
replacement would be $223,425. The shoring and related shoring expenses would
be increased to $459,725; the contingency would increase to $55,000 to cover the
asbestos survey and abatement costs,
This attached is based on to date expenses of $338,097.61 (see excel) cost of
September shoring of $7,027, which includes the $2,523 credit due; and another
estimated 12 months of shoring, to be safe in projections, @ $9,550 x 12 or
$114,600 and the estimated $22,000 for the asbestos survey and limited
abatement proposals for cost for areas affected by construction, needed to secure
a building permit.
561 NW 32 St Miami, EL 33127 1305.576.2828 ) info@bacfl.org
BAKEHOUSE ART COMPLEX
I believe 1 have calculated all correctly. Please advise if we can move Forward and if
this modified budget is approved.
While our structure bid came in almost $100K lower than projected, I do not want
to alter that line item at this moment, as Bakehouse is an old building, and we
want to leave those funds In place for unforeseen conditions. Hopefully, there will
be none, and we can reallocate unused funds back to the roof once the structure is
completed. Let me know if you have any questions.
We also would like to maintain the proposed contingency for unforeseen related
costs of the project not anticipated in any of the designated line items.
561 NW 32 St Miami, FL 33127 1305.576.2828 I info@bacfl.org
BAKEHOUSE ART COMPLEX
September 1, 2023
Arthur Noriega
City Manager
3300 Pan American Drive
Miami, FL 33139
fiez Bakehouse -City of Mlarril ARPA eenafioiary Grant
PO 2200588; Supplier # 724.
lJf it LPN7N1; K61661
Dear Mr Manager,
On October 19, 2022, Bakehouse Art Complex and the City executed an Agreement as
referenced above for $2M from District 5's APRA allocation for the purposes of conducting
structural repairs enabling Bakehouse to meet its 40-S0-year nertificetfnn. The budget also
anticipates roof repairs, following the structural ones, with funds remaining in the amended
budget provided to the City Management and Budget and CIP offices.
The Agreement commenced on October 19 and expires ert October 18, 7023, one year from
execution, ttnlessextended by written agreement by both parties.
As the time required for just the structural component of this project and grant —developing
drawings, speeificatione, bids, bid award, contracting, permitting and actual work —is
anticipated to take us at least another twelve months, anticipating the permit will take one to
three months and actual work, with no unforeseen conditions, another six to eight months,
we are respectfully requesting an extension through October 18, 2026. This will allow us the
next year to complete the structural repairs and then another year (hopefully less) to bid,
contract, permit artd conduct roof repairs,
am attaching a copy of the about to be executed agreement with the GC outlining the
timeline. We are about to submit for ow structural permit,
661 NVU 32 St Miami, Fe 33127 1305,576.2B2a I infocbacfl.org
BAKEHOUSE ART COMPLEX
We are so appreciative of MR Clty's critical support enabling Bakehouse to be a safe structure
for the 100 Mfaml based artists who are dependent on our facility for their livelihood.
l feel confident that the city ARMA team can verify that we have rawer! forward as qukkq and
efficiently as passible_
Thai . you for c Jering this extension request. Your signature below indicates approval.
f,E2::t
ec
Cathy Le tive Director
by:
QV NbVie�a November 9, 2023 I 15:00:40 EST
City iVlollop[—,,D,owou,Signed
„p,,, „ late
561 NW 32 St Miami, FL 33127 ( 305.576.2828 J Info@baafl.org
Olivera, Rosemary
From: Brito, Gabriel
Sent: Thursday, November 16, 2023 10:00 AM
To: Lee, Denise; Olivera, Rosemary; Ewan, Nicole; Hannon, Todd
Subject: RE: DocuSign: ARPA Grant - Bakehouse Art Complex Amendment #1
Attachments: DocuSign_ARPA_Grant_-_Bakehouse_Art_Complex - Amendment #1.pdf
Good morning,
Please find attached a fully executed copy of an agreement from DocuSign that is to be considered an original
agreement for your records.
Gabrlelf. 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