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Home My WebLink AboutCRA-R-26-0012 BackupGrant Request to the Omni CRA for Restoration of Greater Israel Bethel Primitive Baptist Church Funding Proposal for Repairs, and Renovations Introduction On behalf of the Greater Israel Bethel Primitive Baptist Church, located at 160 N. W. 18 Street, Miami, Florida 33136, we submit this grant request to the Omni Community Redevelopment Agency (CRA). We urgently seek your support in funding much -needed repairs, rehabilitation, and renovations to our historic Church —an institution that has stood as a beacon of faith and moral guidance for the Omni and Overtown communities for 113 years. Background and Historical Significance Founded in 1912, Greater Israel Bethel Primitive Baptist Church is now in its 113th year of faithful service. In 1952, the new structure was erected on the grounds where it now stands. The Church's story is deeply intertwined with the history of Miami and especially the Overtown and Omni neighborhoods. Through times of challenge and change, our congregation has remained steadfast, providing not only spiritual guidance but also a haven and meeting ground for generations of residents. The Church is more than a building; it is an enduring symbol of hope, resilience, and unity in our community. Community Impact For well over a century, Greater Israel Bethel Primitive Baptist Church has been a pillar of support for countless families. Our ministry and programs promote moral rectitude, personal integrity, and a spirit of service among all who enter our doors. We have established outreach initiatives, youth engagement programs, in-house generated food distributions, and emergency relief efforts for the vulnerable. Prior to downsizing brought on by the limits of our now diminished air conditioning systems and other age -related restrictions, our Church consistently has collaborated with local organizations, and offered space, resources, and encouragement to uplift the wider Omni and Overtown communities. We plead with you to help us become fully restored to our vital and sorely missed role as mentor and moral compass on the Omni/Overtown Community! Current Challenges Despite our rich legacy, the Church building now faces urgent repair needs. After 113 years - 73 years at the current site - age and the elements have taken a toll on the structure. Issues include, but are not limited to: • Damaged exterior and interior walls • Windows that are no longer watertight • Outdated electrical and plumbing systems • Worn interior finishes and elevator function and accessibility concerns These conditions compromise our ability to safely and effectively serve our congregation and the community at large. Request for Support We respectfully request funding from the Omni CRA to realize this vision of restoration and revitalization. Your investment will help preserve a priceless community asset, honor the history of our neighborhood, and empower us to continue providing inspiration and support for many years to come. Scope of Proposed Work With support from the Omni CRA, we aim to implement a comprehensive restoration plan, including: • Structural and masonry repairs • Complete electrical wiring upgrade • Kitchen renovation (including new cabinets, sink, and air conditioning) • Repair or replacement of termite -damaged areas (walls, doors, wood trim, baseboards) • Installation and repair of air conditioning throughout the building • Parking lot resurfacing and marking • Repair or replacement of windows, including hurricane proofing • Replacement of the permanent baptismal vestry with a smaller, more accessible permanent version that requires less water • Repair and/ or replacement of ceilings in the upper sanctuary • Restoration of stucco walls and windowsills where damaged by water • Painting the entire church, inside and out, including ceilings (Beautification Grant?) • Bathroom damaged surfaces / refurbishments and plumbing fixture upgrades • New, nonslip flooring throughout - upstairs and down • Revamping the dining side of the downstairs auditorium • Restoration of third -level offices where walls and ceilings are water damaged • Installation of an electric marquee outside the Church • Inspection and repair of the weight -bearing worthiness of the Choir Stand • New indoor/outdoor carpeting in stairwells, landings, and vestibules (Beaut. Grant?) • Replacement and / or repair of rusted, above ground supports for air conditioners • Paint and repair all wrought iron fencing around the property • Install fixed shelving and upgrade bathroom fixtures in the Education Building • Upgrade security cameras, alarm, and fire alarm systems • Removal and replacement of dry -rotted curtains with painted Biblical scenes • Install appropriate windows behind the Choir Stand • Install new elevator in existing shaft Conclusion Greater Israel Bethel Primitive Baptist Church remains a pillar of faith, unity, and service for the Omni and Overtown communities. With your partnership, we can restore our historic facility and continue to serve present and future generations in a safe, welcoming, and inspiring space. We thank you for considering our request and look forward to working together to ensure a brighter future for our neighborhood. Chart of needs Section Details Church Name Greater Israel Bethel Primitive Baptist Church Location 160 N. W. 18 Street, Miami, Florida 33136 Founded 1912 Years of Service 113 Community Served Omni and Overtown communities Programs/Impact Outreach initiatives, youth engagement programs, food distributions, emergency .-,- Ii.,f 1,ff,- .-+, .dI.,I ,- .ni-i.-., A.,i+h I .,I Current Challenges Scope of Proposed Work Specific Rehabilitation Needs Request oC organizations Damaged exterior and interior walls, outdated electrical and plumbing systems, worn interior finishes, accessibility I concerns Rehabilitation of structural elements and masonry, modernization of electrical and plumbing, ADA accessibility upgrades, i renovation of community gathering areas Replace elevator, total electrical wiring upgrade, kitchen renovation, repair/replace termite damaged areas, repair/replace air conditioning, parking lot resurfacing, windows repair/replacement, replace Baptismal vestry, repair/replace sanctuary ceiling, paint church, repair stucco walls and windowsills, refurbish bathrooms, install nonslip flooring, revamp dining area, restore third level offices, install electric marquee, repair Choir Stand, install carpet in stairwell, replace air conditioner supports, paint and repair fencing, upgrade locks, install shelving in Education Building, upgrade bathroom fixtures, upgrade security camera and alarm systems, upgrade fire alarm systems, replace curtains with painted Biblical scene, install new windows behind Choir Stand. Funding from Omni Community Redevelopment Agency (CRA) BOFAM CONSTRUCTION COMPANY, INC General Contractors, Estimators & Roofing Contractors CGC 062660 & CCC 1329221 (Certified DBE, CSBE, SECTION 3) TEL: (754) 245-0102 FAX: (305) 675-9269 AUSTIN@BOFAMINC.COM Date: August 17, 2025 Proposal: # B25-023 To: Rev. Kenneth L. Washington Greater Israel Bethel Primitive Baptist Church 160 NW 18th Street Miami, FL 33136 (305) 384-8380 (Cell) (305) 573-6331 (Tel) E-mail: kwashington2@dadeschools.net Attention: Rev. Washington We appreciate the opportunity to submit a proposal on your firm's project. If you have any questions, please do not hesitate to contact me at (754) 245 — 0102 Respectfully, Austin Akinrin Project: Greater Israel Bethel PB Church Renovation & Improvements Location: 160 NW 18th Street, Miami, FL 33136 1600 N.W 3RD AVENUE, BLDG. D4 MIAMI, FL 33136 Architectural Plans By: N/A Dated: N/A Sheets: N/A Engineering Plans By: N/A Dated: N/A Sheets: N/A Bofam Construction Company, Inc., a General Contractor, submits the following proposal in compliance with the architectural and structural Bid Documents stated above and in accordance with the following terms and conditions. This proposal expires if not accepted within 30 calendar days of the proposal date unless extended in writing. This bid is subject to and conditioned upon the use of the A.LA. document A401 Subcontract Agreement between Contractor and Subcontractor, 1997 edition, or other terms and conditions acceptable to Bofam Construction Company, Inc. This proposal may be modified or withdrawn any time prior to fmal contract acceptance by Bofam Construction Company, Inc. This proposal is contingent upon Bofam Construction Company, Inc. review and acceptance of Prime Contract. This proposal is contingent upon Bofam Construction Company, Inc. receiving acceptable contract terms and conditions. By acceptance of Bofam Construction Company, Inc. Proposal, it is agreed that this proposal is to be included in the contract. This proposal is predicated upon Bofam Construction Company, Inc.'s work being completed before 9/30/2026, subject to the following conditions. Completion after 9/30/2026 may be subject to a negotiated price increase. This proposal is based on availability of materials, if materials are unavailable or delayed Bofam Construction Company, Inc. will be held harmless and not in default. This proposal is based on reasonable stability in material prices, it is agreed should material prices rise beyond 5% based on today's material prices in any period, the cost of this project will be adjusted accordingly. All materials are subject to monthly cost adjustments. Page 1 of 2 BOFAM CONSTRUCTION COMPANY, INC General Contractors, Estimators & Roofing Contractors CGC 062660 & CCC 1329221 (Certified DBE, CSBE, SECTION 3) TEL: (754) 245-0102 FAX: (305) 675-9269 AUSTIN@BOFAMINC.COM 1600 N.W 3RD AVENUE, BLDG. D4 MIAMI, FL 33136 This proposal is contingent and conditioned upon acceptance by Bofam Construction Company, Inc. of receipt and review of fmal signed and sealed Architectural and Engineering documents and subject to review and acceptance of final approved building plans. Scope of Work: We propose to supply labor, material, equipment and accessories within the building footprint during normal working hours, 40-hour workweek, to complete the below components based according to the above submitted Architectural and engineering drawings for the above sum as follows: Quotation: Scope of Work: Proposal includes Permits, Demolition, Concrete work, Masonry, Drywall framing & finish, Wood & plastics, doors & windows, elevator installation, structural repairs, Glass/glazing, Electrical, Plumbing, HVAC, Cabinets, Fixtures & fittings, painting & baseboard, and Interior finishes (ceiling, wall & floors), Existing bathroom upgrades, Works to be performed per plans and in accordance with the Florida building codes and regulations. Base Price: Greater Israel Bethel Church Renovation & Improvements $1,464,375 Special Notes: This is a preliminary proposal pending final plan reviews and approvals (Approved permit set) by all government agencies having jurisdiction. All changes required by the building agencies having jurisdiction shall be the owner responsibilities. Specific Inclusions: 1. Permit Fees 2. Insurances, Bonding, & Builder's risks 3. Architectural/structural designs. Payment Schedule: Owner agrees to pay Contractor (BCC, Inc.) an initial mobilization payment of 35% for materials and equipment required for the work. 30% in -progress all rough inspections, 25% progress payment at MEP fmal inspections and 10% retainage payment upon approved final building inspection from the City/County inspector. This proposal may be withdrawn and/or revised in (Fifteen) 15 days. If not accepted the undersigned owner accepts the above job at the price quoted and agrees to pay for said work as it progresses or as per the agreed payment schedule specified herein. In the event of legal dispute, if any sums due are collected by suit or demand of an attorney or collection agency then the defaulting party shall pay all costs, including reasonable attorney's fees. Sincerely, Austin Akinrin, President. Authorized Signature: Construction Materials are commodity based and priced at time of delivery proposal price may increase due to material costs. ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and accepted. You are authorized to do the work as specified and payments will be made as described above. Date of Acceptance; / 2025, Signature: X Page 2 of 2 Date Project Name Owner Contractor 8/17/2025 Greater Israel Bethel Church Renovation & Improvements Greater Israel Bethel Church Bofam Construction Company, Inc. SCHEDULE OF VALUES Application No: 0 Application Date: 8/17/2025 Project Number B25-023 Contract Date: TBD STORED COMPLETE BALANC PREVIOUS MATERIALS D & STORED % E TO 10% SCHEDULED APPLICATION THIS (NOT IN D TO DATE COMPLETE FINISH (C• RETAINAGE DIVISION # DESCRIPTION OF WORK VALUE (D+E) PERIOD OR E) (D+E+F) D (G/C) G) (F*10%) 1.000 General Conditions & Mobilizatio $95,850 - - - - 0% 95,850 - 2.000 Architectural & Engineering Desil $74,550 - - - - 0% 74,550 - 3.000 Demolition & disposal $47,925 - - - - 0% 47,925 - 4.000 Structural wall & stucco repairs $58,575 - - - - 0% 58,575 - 5.000 Drywall framing & finishing $53,250 - - - - 0% 53,250 - 6.000 Bathroom repairs and upgrades $37,275 - - - - 0% 37,275 - 7.000 Replace doors, windows /hardware $213,000 - - - - 0% 213,000 - 8.000 Finishes, ceiling, wall & floor ti1eE $133,125 - - - - 0% 133,125 - 9.000 Finishes, baseboard & painting $127,800 - - - - 0% 127,800 - 10.000 Sitework & parking lot improvemi $34,613 - - - - 0% 34,613 - 11.000 Install new elevator $39,938 - - - - 0% 39,938 - 12.000 Plumbing rough & fixtures $85,200 - - - - 0% 85,200 - 13.000 HVAC, ductwork & service $223,650 - - - - 0% 223,650 - 14.000 Electrical service & installations $106,500 - - - - 0% 106,500 - 2.00 SUBTOTAL $1,331,250 $0 $0 $ . 1111=$0 $1,331,250 $0 ADDITIONS Dedicated Allowance For cost of required construction reimbursible fees (Permits, Bonding,Govt. agencies, utilities g etc) authorized by the Owner, the sum of 10% of the Subtotal, for minor construction changes - - - - 133,125 0% 133,125 - Contingency Allowance ordered by the Owner, the sum of 5% of the subtotal, 66,563 - - - - 0% 66,563 - (.10)X(Subtotal) 4.00 GRAND TOTAL $1,464,375 $0.00 $0.00 $0.00 $0.00 0.00% $1,464,375 $0.00 TOTAL DUE $0.00 Retainage $0.00 Amt Now Due: $0.001 $0.001 Owner/Contractor Agreement I I Genesis Development iitState Certified General Contractor 1521 Alton Rd., Suite 798 Group, LLC CGC1513388 t�a� gr(117 Miami Beach, Florida 33139 Fax: 305-647-6498 Wireless: 786-602-0725 Email: gdglic@me.com Submitted To Telephone Greater Israel Primitive Baptist Church (786) 877-4503 Date 9/5/2025 Address 160 NW 18th Street Job Name Greater Israel Church Renovations City, State, Zip Code Miami, Florida 33136 Job Location 160 NW 18th Street Contact Numbers Daytime (786) 877-4503 Fax Cell (786) 877-4503 email trinaatouchingmiamiwithlove.orq We hereby submitspecifcatons and estimates for: Professional Construction Services for demolition, concrete, masonry, carpentry, drywall, doors & windows repairs, painting & finishes according to Florida Building code and specification and regulations. Demolition Work - Remove existing bathroom partitions, fittings, fixtures, damaged drywall and framing, metal fence, masonry and stucco, baseboard, tiles etc. Renovation & Remodeling - Works includes but not limited to the Greater Israel Primitive Baptist Church itemized scope of proposed work and restoration scope of work sheet. See attached Exhibit A. MEP - Upon Demolition , Supply and install new plumbing, electrical and AC rough, new conduits ductwork, fittings , fixtures and services required to complete all MEP works per proposed plans Finishes & Specialties - Supply and install new ceiling, wall and floor finish, Supply new kitchen appliances, cabinets & accessories per owner specifications Debris and Trash Clean-up Note: Work will commence 5-7 days upon issuance of Master Permit from Miami Dade County Building . Project duration from start date of commencement through 360 days. 1 year Warranty on Workmanship upon completion Contractor is responsible for all insurances, and design fees. Owner responsible for permit cost, impact and/or code enforcement fees All unforeseen condition will be subject to field inspection by the contractor and owner for "additional work/change order" approval. All work will be performed according Florida Building Code requirements and specifications "/e n-199nee hereby to furnish material and labor - complete in accordance with above specifications for the sum of: One Million Six Hundred Thousand and 00/100 dollars ($1,600,000.00) Payment to be made as follows: $ 640,000.00 due upon contract acceptance; 400,000.00 due upon Rough inspection approvals 400,000.00 due upon progress inspection approvals 160,000.00 due upon final inspection and job completion All material is guaranteed to be as specifed. All work is completed in a workmanlike manner according to standard practices. Any alterations or deviation from specifcations above involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes accidents or delays beyond our control. Owner to carry fire, tornado or other necessary insurance. Authorized Signature Brd6vn, anager Note: This proposal may be withdrawn by Genesis cvacymw� �iwp. ��, �� nun wmeu wninn � nnY lsul mp. CONSTRUCTION INDUSTRY Pursuit to Florida statue 489.1425, payment may be available from the Construction Industry Recovery where the lose results from specified violations of Florida law by a state -licensed contractor. For Florida Construction Industry Licensing Board at 7960 Arlington Expressway, Jacksonville, Florida ,4ccl3 filaece aj &aftd - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do work as specified. Payment will be made as Signature: outlined above. Date RECOVERY FUND Fund f you lose money on a project performed under contract, information about the recovery fund and filing a claim, contact the 32211. Telephone number 850-487-1395 of Acceptance: OWNER'S COPY EXHIBIT A Greater Israel Bethel Primitive Baptist Church Elder K. L. Washington, Pastor 160 NW 18 Street— Miami, FL 33136 Email—gib@bellsouth.net Contractor's Bid Survey and Building Examination Tour — / /2025 Contact Persons: o Eld. K. L. Washington, Email— kwashington2@dadeschools.net - o PH: (305) 384- 8380 o John McBride, Email. - johnmcbride2234@icloud.com PH: (305) 528-0264 o Thelma Wilcox, Email—wilcox.thelma@comcast.net PH: (305-213-8023 Contractor's name and business' name, email, phone# (attach card): Scope of Proposed Work With support from the Omni CRA, we aim to implement a comprehensive restoration plan, including: • Structural and masonry repairs • Complete electrical wiring upgrade • Kitchen renovation (including new cabinets, sink, and air conditioning) • Repair or replacement of termite -damaged areas (walls, doors, wood trim, baseboards) • Installation and repair of air conditioning throughout the building • Parking lot resurfacing and marking • Repair or replacement of windows, including hurricane proofing • Replacement of the permanent baptismal vestry with a smaller, more accessible permanent version that requires less water • Repair and/ or replacement of ceilings in the upper sanctuary • Restoration of stucco walls and windowsills where damaged by water • Painting the entire church, inside and out, including ceilings (Beautification Grant?) • Bathroom damaged surfaces / refurbishments and plumbing fixture upgrades • New, nonslip flooring throughout - upstairs and down • Revamping the dining side of the downstairs auditorium • Restoration of third -level offices where walls and ceilings are water damaged • Installation of an electric marquee outside the Church • Inspection and repair of the weight -bearing worthiness of the Choir Stand • New indoor/outdoor carpeting in stairwells, landings, and vestibules (Beaut. Grant?) • Replacement and / or repair of rusted, above ground supports for air conditioners • Paint and repair all wrought iron fencing around the property • Install fixed shelving and upgrade bathroom fixtures in the Education Building • Upgrade security cameras, alarm, and fire alarm systems • Removal and replacement of dry -rotted curtains with painted Biblical scenes • Install appropriate windows behind the Choir Stand • Install new elevator in existing shaft Restoration Scope Worksheet Contractor Walkthrough — Comments & Notes For each item below, please use the space provided to write comments, notes, or observations during your walkthrough of the property. Restoration and Upgrade Items o Structural and masonry repairs o Contractor's Comments / Notes: o Complete electrical wiring upgrade o Contractor's Comments / Notes: o Kitchen renovation (including new cabinets, sink, and air conditioning) o Contractor's Comments / Notes: o Repair or replacement of termite -damaged areas (walls, doors, wood trim, baseboards) o Contractor's Comments / Notes: o Installation and repair of air conditioning throughout the building o Contractor's Comments / Notes: o Parking lot resurfacing and marking o Contractor's Comments / Notes: o Repair or replacement of windows, including hurricane proofing o Contractor's Comments / Notes: o Replacement of the permanent baptismal vestry with a smaller, more accessible permanent version that requires less water o Contractor's Comments / Notes: o Repair and/ or replacement of ceilings in the upper sanctuary o Contractor's Comments / Notes: o Restoration of stucco walls and windowsills where damaged by water o Contractor's Comments / Notes: o Painting the entire church, inside and out, including ceilings (Beautification Grant?) o Contractor's Comments / Notes: o Bathroom damaged surfaces / refurbishments and plumbing fixture upgrades o Contractor's Comments / Notes: o New, nonslip flooring throughout - upstairs and down o Contractor's Comments / Notes: o Revamping the dining side of the downstairs auditorium o Contractor's Comments / Notes: o Restoration of third -level offices where walls and ceilings are water damaged o Contractor's Comments / Notes: o Installation of an electric marquee outside the Church o Contractor's Comments / Notes: o Inspection and repair of the weight -bearing worthiness of the Choir Stand o Contractor's Comments / Notes: o New indoor/outdoor carpeting in stairwells, landings, and vestibules (Beautification Grant?) o Contractor's Comments / Notes: o Replacement and / or repair of rusted, above ground supports for air conditioners o Contractor's Comments / Notes: o Paint and repair all wrought iron fencing around the property o Contractor's Comments / Notes: o Install fixed shelving and upgrade bathroom fixtures in the Education Building o Contractor's Comments / Notes: o Upgrade security cameras, alarm, and fire alarm systems o Contractor's Comments / Notes: o Removal and replacement of dry -rotted curtains with painted Biblical scenes o Contractor's Comments / Notes: o Install appropriate windows behind the Choir Stand o Contractor's Comments / Notes: o Install new elevator in existing shaft o Contractor's Comments / Notes: PROPOSAL THIS PROPOSAL, Made as of November 7, 2025 Between the Contractor/Owner: ISRAEL BETHEL PRIMITIVE BAPT CH 160NW18ST MIAMI, FL 33136-1718 For the Project: RJS Construction CGC1514530, CCC1329357 20535 NW 2ndAve Suite 205 Miami, FL. 33169 Office: 786-247-5799 Fax: 954-905-4905 Email: roderick@rjsconstucts.com INTERIOR & EXTERIOR RENOVATION 160 NW 18 ST MIAMI, FL 33136-1718 ARTICLE 1. CONTRACT DOCUMENTS 1.1 The contract documents consist of this agreement, general conditions, construction documents, specifications, allowances, finish schedules, construction draw schedule, all addenda issued prior to execution of this agreement and all change orders or modifications issued and agreed to by both parties. All documents noted herein shall be provided to the Owner/Agent. These contract documents represent the entire agreement of both parties and supersede any prior oral or written agreement. ARTICLE 2. SCOPE OF WORK 2.1 EXTERIOR WORK 2.2 INTERIOR WORK 2.3 GENERAL CONDITIONS 2.4 OVERHEAD & PROFIT 468,000.00 661,500.00 173,000.00 195,375.00 THE PROPOSAL PRICE $ 1,497,875.00 • SEE ATTACHMENT "A" SCHEDULE OF VALUES Initialed by: Owner Contractor RS ARTICLE 5. PROGRESS PAYMENTS 5.1 The Owner will make payments to the contractor pursuant to the attached construction draw schedule as work required by said schedule is satisfactorily completed. Owner shall make draw payments to contractor within (5) days after requested. Should the owner fail to make payment, contractor may charge a penalty of (5) annually upon the unpaid amount until paid. TBD 5.2 If payment is not received by the Contractor within (7) days after delivery of payment demand for work satisfactorily completed, Builder shall have the right to stop work or terminate the contract at his option. Termination by Contractor under the provisions of this paragraph shall not relieve the Owner of the obligations of payments to Contractor for that part of the work performed prior to such termination. Termination by Owner under the provisions of this paragraph shall not relieve the Owner of the obligations of payments to Contractor for that part of the work performed prior to such termination. ARTICLE 6. DUTIES OF THE CONTRACTOR 6.1 All work shall be in accordance to the provisions of the plans and specifications. All systems shall be in good working order. 6.2 All work shall be completed in a workman like manner, and shall comply with all applicable national, state and local building codes and laws. 6.3 All work shall be performed by licensed individuals to perform their said work, as outlined by law. 6.4 Contractor shall obtain all permits necessary for the work to be completed. 6.5 Contractor shall remove all construction debris and leave the project in a broom clean condition. 6.6 Upon satisfactory payment being made for any portion of the work performed, Contractor shall furnish a full and unconditional release from any claim or mechanics' lien for that portion of the work for which payment has been made. ARTICLE 7. OWNER 7.1 The Owner will not assume any liability or responsibility, nor have control over or charge of construction means, methods, techniques, sequences, procedures, or for safety precautions and programs in connection with the project, since these are solely the Contractor's responsibility. Initialed by: Owner Contractor RS ARTICLE 8. CHANGE ORDERS AND FINISH SCHEDULES 8.1 A Change Order is any change to the original plans and/or specifications. All change orders need to be agreed upon in writing, including cost, additional time considerations, approximate dates when the work will begin and be completed, a legal description of the location where the work will be done and signed by both parties. 50% of the cost of each change order will be paid prior to the change, with the final 50% paid upon completion of the change order. A 12% fee shall be added to all change orders and overages in excess of initial allowances. Additional time needed to complete change orders shall be taken into consideration in the project completion date. 8.3 Any delays or changes in finish selection schedules will delay the projected completion date. ARTICLE 9. INSURANCE 9.1 The Contractor shall purchase and maintain needed Workman's Compensation and Liability insurance coverage as required by law and deemed necessary for his own protection. ARTICLE 10. GENERAL PROVISIONS 10.1 If conditions are encountered at the construction site which are subsurface or otherwise concealed physical conditions or unknown physical conditions of an unusual nature, which differ naturally from those ordinarily found to exist and generally recognized as inherent in construction activities, the Owner will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor's cost of, and/or time required for, performance of any part of the work, will negotiate with the contractor an equitable adjustment in the contract sum, contract time or The Contractor shall supervise and direct the work, using the Contractor's best skills and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work under the contract both. ARTICLE 11. HAZARDOUS MATERIALS, WASTE AND ASBESTOS 11.1 Both parties agree that dealing with hazardous materials, waste or asbestos requires specialized training, processes, precautions and licenses. Therefore, unless the scope of this agreement includes the specific handling, disturbance, removal or transportation of hazardous materials, waste or asbestos, upon discovery of such hazardous materials the Contractor shall notify the Owner immediately and allow the Owner to contract with a properly licensed and qualified hazardous material contractor. Any such work shall be treated as a Change Order resulting in additional ARTICLE 16. ACCEPTANCE AND OCCUPANCY Initialed by: Owner Contractor RS 16.1 Upon completion, the project shall be inspected by the Owner and the Contractor, and any repairs necessary to comply with the contract documents shall be made by the Contractor. NOT INCLUDED SHED FOR WASHER & DRYER RAMP Contractor Signature Owner Signature Initialed by: Owner Contractor RS ATTACHMENT A ADDRESS: 160 NW 18 St Miami, Florida 33127 GENERAL ENERGY EFFICIENCY SPECIFICATIONS AND WORK WRITE-UP WITH PRICES ITEM DESCRIPTION UNIT TYPE AMOUNT EXTERIOR WORK Exterior painting buildings, fence, railing,stairs and walkway LS $ 80,000.00 Stucco LS $ 20,000.00 Landscaping LS $ 4,500.00 Paint fence & gate LS $ 12,500.00 Impact window LS $ 125,000.00 Exterior metal doors LS $ 40,000.00 Elevator replacement LS $ 70,000.00 Fence repair LS $ 10,000.00 Water fountain replacement LS $ 6,000.00 Asphalt overlay & stripping LS $ 27,000.00 Stucco repairs LS $ 20,000.00 Surveillance cameras LS $ 8,000.00 Digital marquee sign LS $ 30,000.00 Exterior stairs refurbished (slip resistant concrete) LS $ 15,000.00 $ 468,000.00 INTERIOR Demo bathrooms, kitchen, flooring LS $ 7,500.00 Bathroom renovation LS $ 25,000.00 Installation of new kitchen cabinets LS $ 11,500.00 Bathrom renovation LS $ 25,000.00 Electrical upgrades (new service panels, outlets and gfci) LS $ 135,000.00 Plumbing repairs & upgrades LS $ 25,000.00 Air Conditioning systems (2) 20 ton (2) 5 ton / ductwork LS $ 121,000.00 Drywall & Plastering allowance LS $ 60,000.00 Interior & Exterior painting LS $ 80,000.00 Ceramic tile flooing LS $ 55,000.00 Kitchen cabinets & hall countertop & cabinets LS $ 11,500.00 Baptism pool (allowance) LS $ 15,000.00 Carpet (2fl, 3fl, stairs/hallway) LS $ 15,000.00 Accoustical celing tile LS $ 5,000.00 Choir curtain replaacement (allowance) LS $ 10,000.00 Choir stand reapair LS $ 5,000.00 Concrete restroration (walls & floors in kitchen & food hall) LS $ 15,000.00 Interior doors LS $ 40,000.00 $ 661,500.00 GENERAL CONDITIONS Achitectual fees EA $ 10,000.00 Permit fees JOB $ 6,000.00 Supervision $ 157,000.00 $ 173,000.00 Sub -Total $ 1,302,500.00 Profit and Overhead (15%) $ 195,375.00 Total Job Cost $ 1,497,875.00 CITY OF MIAMI OFFICE OF THE CITY ATTORNEY T E r2 e LiJV L 11.JT OPINION - #07-014 TO: James H. Villaco' ' , Executive Director SEOPW, Omni an Midtown Community Redevelopment Agencies FROM: Jorge L. Fernandez; ty Attorney DATE: August 24, 2 RE: Legal Opinion - O town CRA Church Renovations - Use of TIFF Funds You have requested a legal opinion on the following question: WHETHER THE COMMUNITY REDEVELOPMENT AGENCY ("CRA") MAY EXPEND TAX INCREMENT FUNDS ("TIF") TO REPAIR AND/OR RENOVATE CHURCHES LOCATED IN THE OVERTOWN CRA? ANSWER For the reasons set forth below, your question is answered in the affirmative. A community redevelopment agency is a public agency created or designated pursuant to Chapter 163 of the Florida Statutes. The City of Miami Community Redevelopment Agencies ("CRA") are three separate agencies: Southeast Overtown/Parkwest ("SEOPW"), Omni and Midtown. Nonetheless, all three describe their mission as the following: To revitalize specifically designated areas within the CRA boundary through good planning and the implementation of sound infrastructure improvements, thus enabling the CRA to generate successful redevelopment projects, from both the private and public sector, thereby achieving the complete eradication of slums and blight from the targeted areas. The CRA is totally committed to the preservation and enhancement of property values, stimulating the creation of new job opportunities for residents and improving the quality of life of those who reside within the redevelopment neighborhoods. See www.ci.miami.fl.us/cra. Worthy of note, the tax increment funds ("TIF") are the funds used by the CRA to finance or refinance any community redevelopment the CRA undertakes pursuant to the approved community redevelopment plan. The CRA generally derives the TIF proceeds pursuant to ad valorem taxes levied annually via a specified formula. James H. Villacorta, Executive Director Community Redevelopment Agency August 24, 2007 Page 2 of 5 Re: Legal Opinion #07-014. ANALYSIS I. The Florida Constitution and State Funds Florida is subject to Fla. Const. art 1,,§ 3, which states: Religious freedom -- There shall be no law respecting the establishment of religion or prohibiting or penalizing the free exercise thereof. Religious freedom shall not justify practices inconsistent with public morals, peace or safety. No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution. This provision, which is also known as the Florida "no -aid" provision, was originally enacted to prohibit the state from using its revenue to benefit religious schools. Recently a Florida court cautioned that its holding regarding the application of the Florida "no -aid" provision, with regard to government vouchers for private school education, should not in any way be read as a comment on the constitutionality of any other government program or activity which involves a religious or sectarian institution. Bush v. Holmes, 886 So. 2d 340, 362 (Fla. 1st DCA 2004). In interpreting this constitutional provision and the question of whether public funds may be utilized in aid of religious, charitable, benevolent and civic or service organizations, the Florida Supreme Court has traditionally considered issues such as the legislative purpose, extent of the funding, and the public benefit involved in the granting and use of said revenue. City of Boca Raton v. Gidman, 440 So. 2d 1277 (Fla. 1983). In Gidman, a municipal expenditure was challenged on the grounds that it violated section 7.87 of the Boca Raton City Charter, which was at least as restrictive, if not more restrictive, than article I, section 3 of the Florida Constitution concerning the expenditure of public funds. That section reads, "No city funds shall be expended in any manner whatsoever to accrue either directly or indirectly to the benefit of any religious, charitable, benevolent, civic or service organization." Id. at 1279. A municipal charter is the constitution of a city and effectively limits the legislative power of a city in the same manner the state constitution limits the power of the Legislature. See Gontz v. Cooper City, 228 So. 2d 913 (Fla. 4th DCA 1970). The Supreme Court, however, held that the City of Boca Raton's expenditure of public funds for a day care center run by a non-profit organization did not violate the charter provision. Gidman, 440 So. 2d at 1282. The court rejected the argument that the city charter provision was a total bar to spending city funds at the charitable institution and determined in that particular situation that no violation had occurred. Essentially, the court determined that the appropriate analysis must address who the real beneficiary is on a case -by -case basis rather than reading the constitutional language as a total prohibition. 2 James H. Villacorta, Executive Director Community Redevelopment Agency August 24, 2007 Page 3 of 5 Re: Legal Opinion #07-014 The court further stated that it would be an unreasonable or ridiculous conclusion to read the charter provision as a total prohibition against the city contracting for these types of services. Id. at 1281. Similarly, in Southside Estates Baptist Church v. Board of Trustees, School Tax District No. 1, In and For Duval County, 115 So. 2d 697 (Fla. 1989), the court rejected an all -or - nothing approach to interpreting these type of statutes as leading to an absurd result and determined that the court must look at the quantum of benefit received by the religious institutigns to determine whether the Florida Constitution has been violated. A case -by -case analysis avoids having to make a choice between unfettered discretion to spend public dollars at sectarian institutions and prohibiting any public dollars from ever being expended at a sectarian institution without weighing the public benefit against any substantial benefit to the institution. Bush v. Holmes at 374. a. Legal Precedent The legal precedent in Florida is to allow revenue, in one form or another, to organizations — including churches — where the benefits from those revenues accrue to the community and are not used for the purposes of furthering religion or other prohibited use, even if there is an incidental benefit to the receiving organization. See Koerner v. Borck, 100 So. 2d 398, 402 (Fla. 1958) (church was allowed to conduct its baptisms on public property; the Florida Supreme Court held that the benefit accrued to the people of the county rather than the church); Johnson v. Presbyterian Homes of Synod of Fla., Inc., 239 So. 2d 256, 261 (Fla. 1970) and Nohrr v. Brevard County Educ. Facilities Auth., 247 So. 2d 304, 307 (Fla. 1971) (Florida Supreme Court declared that any benefit received by religious denominations is merely incidental to the achievement of a public purpose and a state cannot pass a law to aid one religion or all religions but state action to promote the general welfare of society, apart from any religious considerations, is valid, even though religious interests may be indirectly benefited). b. The Lemon Standard and the Establishment Clause The standard used by the Florida courts to determine the legality of utilizing public funds to aid religious organizations is the same standard used by the Federal Courts. This standard is known as the Lemon standard. Lemon v. Kurtzman, 403 U.S. 602 (1971). In order to pass constitutional muster, a statute must: 1. Possess a secular legislative purpose, 2. Must not have as its primary effect advancing or inhibiting religion and 3. Must not give rise to excessive government entanglement with religion. Wiccan Religious Coop. of Florida v. Zingale, 2005 FL S. Ct. Briefs 873 (Fla. 2005); see also Hobby v. State, 761 So. 2d 1234 (Fla. 2d DCA 2000) (Florida court using the Lemon standard); Malicki v. Doe, 814 So. 2d 347, 355 (Fla. 2002) (Florida Supreme Court using the Lemon standard). 3 James H. Villacorta, Executive Director Community Redevelopment Agency August 24, 2007 Page 4 of 5 Re: Legal Opinion #07-014 The Court has specifically addressed aid, both direct and indirect, in the context of the Establishment Clause. See Zelman v. Simmons -Harris, 536 U.S. 639 (2002): Whether the program administers aid in a neutral fashion, without differentiation based on the religious statu. s of beneficiaries or providers of services and whether beneficiaries of indirect aid have a genuine choice among religious and nonreligious organizations when determining the organization to which they will direct that aid. If the answer to either query is "no," the program should be struck', down under the Establishment Clause. The analysis above shows that the Florida Constitution is not more restrictive than the United States Constitution and that these types of cases are subject to the federal Establishment Clause Lemon standard. Under this standard, a CRA, in granting funds to the general community for the express purpose of improving the community as a whole, would not be violating the Florida Constitution, even where churches may also benefit from said funds. This is because: 1 Funds would be distributed with the secular purpose of improving the blighted communities within their respective districts, 2. The primary effect of the granting of funds is not to advance or inhibit religion but rather to improve the aesthetic visage of these blighted communities and 3. The granting of funds would not give rise to excessive government entanglement with religion as the CRA would only be dealing with these churches with regard to church property and/or facilities and not with these churches in their sectarian roles. c. The Free Exercise Clause Another factor weighing in the favor of the CRA granting funds to churches is the United States Free Exercise Clause. 1 A court cannot violate the United States Constitution by excluding religious organizations from participation in programs. See Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520 (1993) (holding that a city ordinance was not neutral and restricted religious practice, and therefore was an unconstitutional violation of free exercise). The Establishment Clause, the Free Exercise Clause and the Equal Protection Clause of the United States Constitution act in concert to prohibit state action that restricts, limits, or divests one's legal rights, duties or benefits based on his or her religion. See Bd. of Educ. v. Grumet, 512 U.S. 687, 715 (1994). The Free Exercise Clause requires neutrality and prohibits "[o]fficial action that targets religious conduct for distinctive treatment." See Lukumi Babalu, 508 U.S. at 534. The Equal Protection provision of the Fourteenth Amendment prohibits "an unlawful intent to discriminate against [individuals] for an invalid reason, such as their religion." Altman v. Minn. Dept. of Corr., 251 F.3d 1199 (8th Cir. 2001) (quoting in part Batra v. Bd. of Regents, 79 F.3d 717, 721 (8th Cir. 1996)). U.S. Const. amend. 1., supra note 3. 2 "No state shall... deny to any person within its jurisdiction the equal protection of the laws." U.S. Const. amend. XIV,§1. 4 James H. Villacorta, Executive Director Community Redevelopment Agency August 24, 2007 Page 5 of 5 Re: Legal Opinion #07-014 Together, the Free Exercise Clause and the Equal Protection Clause reinforce one another and prohibit state action that singles out religion for discriminatory treatment. Additionally, as per the Free Exercise Clause, sectarian organizations cannot be denied the right to financial aid, which is available by the CRA to the general community for the express purpose of improving the community as a whole. CONCLUSIONS It is the consensus of both the Federal and State Judiciary that a sectarian organization should not be discriminated against when public funds are readily available to the community for a secular legislative purpose, not having as i}s primary effect advancing or inhibiting religion and not giving rise to excessive government entanglement with religion. Therefore, the granting of funds by the CRA to organizations - including churches - located within the Overtown district, for the overarching purpose of improving the community as a whole, should be properly allowed. PREPARED BY: REVIEWED BY: Gail Ash Dotson, Assistant City Attorney Rafael O. Diaz, Assistant City Attorney 3 Worthy of note, the CRA via CRA Resolution: CRA-R-06-0032, September 25, 2006, provided funding in the amount of $104,490.00 to Greater Bethel A.M.E. Church, located in the Overtown district for roof repairs. 5