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Arpeggio Acoustic Consulting, LLC X01 Q) 2, 7S `P W f'�4re A ic 2012 JUL 30 PH 3: 57 AGREEMENT BETWEEN CITY OF MIAMI BEACH AND ARPEGGIO ACOUSTIC CONSULTING, LLC FOR NOISE, ACOUSTIC, AND/OR SOUND SERVICES Resolution No. 2010-27546 AGREEMENT-ACOUSTIC t TABLE OF CONTENTS DESCRIPTION PAGE ARTICLE 1. DEFINITIONS 3 ARTICLE 2. BASIC SERVICES 8 ARTICLE 3. THE CITY'S RESPONSIBILITIES 13 ARTICLE 4. [Intentionally Omitted] ARTICLE 5. ADDITIONAL SERVICES 16 ARTICLE 6. REIMBURSABLE EXPENSES 17 ARTICLE 7. COMPENSATION FOR SERVICES 17 ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS 19 ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS 19 ARTICLE 10. TERMINATION.OF AGREEMENT 20 ARTICLE 11. INSURANCE 22 ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 23 ARTICLE 13. [Intentionally Omitted] ARTICLE 14. LIMITATION OF LIABILITY 23 ARTICLE 15. NOTICE 24 ARTICLE 16. MISCELLANEOUS PROVISIONS 25 SCHEDULES: NOTE-TO AGREEMENT SCHEDULES 30 SCHEDULE A- CONSULTANT SERVICE ORDER (SCOPE OF SERVICES) 31 SCHEDULE B-CONSULTANT COMPENSATION 35 SCHEDULE C - CONSULTANT HOURLY BILLING RATE 36 2 AGREEMENT-ACOUSTIC I 1 i .1. . . _� . ,mss .I, '. r^ - _ - - - . - a _ - I 1 I _ �.., ,� - _ , I " - I - 4 1? x 1 1 f - - - - I - _ _ _ •, I r I` .I I i. - rk 1. �� t` ;AGREEMENT BETWEEN '1.. _ ;' " .._ - 1 ,' . , f - _I, r :- ,CITY.-OF MIAMI BEACH` -11- _ . ' ; " -. - .. r1, - - - T '' - T.' .r r - 41 - - .: AND -1A.. 1 r - - _, . - I I ,. r y_ ., y. - �' I.:i Y - , I, - J ' r Edward D;ugger+Associates; PA ; -.1 - I a, __ - _ I _ - FOR _1. -r♦ _ - - ` I 1 - - - I -�I .1,. _` :' YI " 1!I i � - L I. i °' NO1SE,,ACOUS,TIC; AND 1'OR'SOUND SERVICES. - - i , :i r , ., .iI - c . Resolution No.�2014�27546 1.f�' - - - - - . . :I` -'VII. .. .. 1. _ -. . ;I _ F„" - - _ I 4 { ', .. ` - t .. _ - , I. ,.-, _. - . V- -. .. - -11— ' , 'I ". 1 I ' -j - S.1 _ - - - - r �, I .. . - . - - - .. y _ I - - - - 'S I. 1 �C - - l• T -I 1, .. _ ,- _ - ti . . `- - . - - — _ - ...L± r r I - ` - 1 * -11 ._Fib I.;I .I:. . ..- `: r I i I XAGR�EM NT�ACOUSTIC 1 z . . . - . - _ y ... .- . f - ._ _ ,- I r, t t .1 r ' It 1 F r . - TERMS AND CONDITIONS OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CONSULTANT FOR NOISE, ACOUSTIC,AND 1 OR SOUND SERVICES This Agreement made and entered into this 15`" day of June, 2012, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as City), and Edward Dugger + Associates, P.A., a State of Incorporation corporation having an office at 4490 S.W. Long Bay Drive, Palm City, Florida 34990 (hereinafter referred to as Consultant). WITNESSETH: WHEREAS, the City intends to contract noise, acoustic, and/or sound services for certain projects located within the City of Miami Beach, and wishes to engage the Consultant to provide certain professional services as same are described and set forth in Schedule "A" hereto, for certain projects, to be assigned, at the City's discretion and by means of the issuance of a "Consultant Service Order" (similar to the form shown in Schedule "A" attached hereto), at the agreed fees set forth in this Agreement;and WHEREAS, the Consultant desires to contract with the City for performance of those certain professional services relative to those projects assigned by the City, pursuant to a Consultant Service Order, as described and set forth in Schedule "A", NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement herein contained, agree as follows: ARTICLE 1. DEFINITIONS 1.1 CITY (OR OWNER): The "City' shall mean the City of Miami Beach, a Florida municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139. 1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of the 3 AGREEMENT-ACOUSTIC otherwise in this Agreement). 1.7 [Intentionally Omitted] 1.8 BASIC SERVICES: "Basic Services" shall include those services which Consultant shall perform in accordance with the terms of the Agreement (and as required to complete the Project), as further described in Article 2 and Schedule "A" hereto. In addition any Services not specifically addressed as Additional Services (as defined herein) shall be considered Basic Services. 1.9 PROJECT: The "Project" shall mean that certain project located within the City of Miami Beach, as referenced in the application that has been submitted for the review and approval of such project to one of the City's land use review Boards, and as more specifically described in Schedule "A" hereto. 1.9.1 Cost of Services: The "Cost of Services", shall mean the total cost to complete the objectives and perform the scope of services as described in Schedule "A" hereto. The Cost of Services may, from time to time, be revised or adjusted by the City, in its sole discretion,to accommodate approved modifications or changes to the Project or scope of work. 1.9.2 Proiect Scope: The "Project Scope" shall mean the description of the Project contained in the "Consultant Service Order" (and as same may be modified by any approved change orders). 1.10 [Intentionally Omitted] 1.10.1 tlntentionally Omittedl 1.10.2 [intentionally Omitted] 1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible force occasioned by violence in nature without the interference of human agency such as hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or by changes in Federal, State or local laws, ordinances, codes or regulations enacted after the date of this Agreement ; or other causes beyond the parties' control which have, or may be reasonably expected to have, a material adverse effect on the Project, or on the rights and obligations of the parties under this /agreement and which, by the exercise of due diligence, such parties shall not have been able to 5 AGREEMENT-ACOUSTIC �• ,.rra:, t - e -�_ . - I .. a .- ; 1 i , '-- - - - r. 1 _ } _ 'J :711 !•w - - I 'J I - r l "1 F 1 ' - - ..• ... - ,y I .... ,(f - -I , I•. , �, P _ sucl '`Contract`Arhendment. � - 1:47 . AD®ITIONAL''SERVICES -.,"Additional_Serviees" s�iall mean th'ose«services, in add t�on.'ao the r' d 1 _ j , ;basic Services,in,Jhis A• -:6' ent,':;whidh the:Consu[tant'shall erforrn,,.-Mj.en Gin's option,;:an'd which'.11 9 Y r£, ., p E Y 1 ,F - have"been duly authorized, in,�wnting,l' by the City,:Manager or his,aut,prizetl designee,,.prior to 'r f a I { - _.11 :commencement of same: �, - 1.1 g [In#entionally Omitted] _ . , �r - - . N, - - - y �'`' `,l?�''1:19 SERVICE$':``Senrlces"-11 hall mean.;_aI services,work=and.action b '-the Consultant;r'erf' med - FI -' y_;4; r p_ n pursuant to or undertaken Lunder this Agreement 1Nhen^the term"Services'`lis used In', Agreement, a it shall also be deemed to refer to to the-particular work';services; andlor�tasks-assigned'to-:Consultant e I pursuant to the City's issuance of a Consultant Service.Order I `111. i t! r t 1 20' [In#ention'ally emitted]= - a t 1.;,' (, } r i, - 1, - 1.21 [Intentionally Omitted] „ w t ,} 1 'qtr - f >_I 14,. I r 1 �^ ° - d' I! , "'_ - .1 t _ _ r•, r .. _ I,.li'� .e 1 etc �. `j-, 1.22 SCOPE OF'SERVICES. "Sccope of.Services" shall include the:Project !!Copp;`, Basi Services; t, _`,oi%and any Additional-Services-(as approved-by the City), all as described�in Schedule "A" hereto' It � . should also be noted that when 'the. City issues a,Consultarit:I Service Order to Consultant for�,a :, i - ; - z , particular Project,�then the Scope'of Services shall also be deemed'to d"'I"'de_ e- rticular,.work, . a services `andlor tasks de5cnbed and delineated in su`cri_Order 1 - '' . ., I e 1 £'z1 1 23" C_ONSULTANT`SERVICE;ORDER. "Consultant Serv�oe Order" shall speclflcally describe and ry, . h J .v: .i' ,.(.:,1 -,.''( ., J , �; .� I_. J.. _' .l.l:11,_delineate.the:particular�4servi,dt,M1c Basic-,and otherwise)-.' will be required _of Consultant for th�'�l ,,'} i. �ProJect that is the aubiec#of saic order. t - r a � ' �,r J 7 t° f ' �' _ 1 24: SCHEDULES ',°Schedules" shall mean ahe various"schedules attached to lhls Agreement and 1. y ml i_ [ a a 1 r _ referred to as follows 1 p, - ,, s :. } ' a'F vT E r?• _ _ �. I 1. r 1 ! Jh, ,-1, Ja ' ;I.I. 6 9 y 1. �,; F 1. f to C Y >_h.Fo. - ,, _ '1 .� .: r 1 ScheduleA` Consultant Service Order(Scope of Services). J Y - T - -' F- - 1 , .. - 1.14 I` Schedule B Consultant IGompensation .. 2 r ,f 1 lq Sche Iel r.: 1 T 1 dL'i CI Consultant Hourly Billing Rafe Schedule. , a1 I.- . .. .. i I� ' .1. 1,i 1 , r •1 I. f-" tr I a :1 it 1 1. - .�� J _1, _i .r . ? , , . . r 11 . '� -•..' _ AGREEftIENT:,—ACOUSTIC -- - - ^r i�T "' S H .. - I.. ( f i u {. . accuracy and competency of its/their designs, plans, technical specifications, or other technical - documents, nor shall. such approval and/or decisions be deemed. to.. be .an assumption of such responsibility by the City for a defect, error or omission in designs, plans, technical specifications, or other technical documents; provided, however, that the Consultant shall be entitled to reasonably rely upon the accuracy and validity of written decisions and approvals furnished by the City pursuant to this Agreement. 2.7 TIME: It is understood that time is-of the essence in the completion of the Project and, in this respect, the parties agree as follows: 2.7.1 Term. The term of this Agreement shall commence upon execution by the parties (subject to approval of the Agreement by the Mayor and City-Commission) (the Effective Date), and shall be in effect until the work-andlor services under each Consultant Service Order issued to Consultant have been completed. Notwithstanding the-preceding Term, Consultant shall adhere to any and all timelines and/or deadlines, as set forth in the Consultant Service Order issued for a particular Project. 2.7.2 The Consultant shall perform the Services as expeditiously as Is consistent with the standard of professional skill and care required by this Agreement, and the orderly progress of the Work. 2.7.3 The Services will be performed in a manner that shall conform to the Consultant Service Order.. The Consultant :may submit requests for an adjustment to the Consultant Service Order completion time, if made necessary because of undue delays resulting from. untimely review taken by the City (or other governmental authorities having jurisdiction over the Project)to approve the Consultant's submissions, or any other portion of the Services requiring approval by the City (or other governmental authorities having jurisdiction over the Project). Consultant shall immediately provide the Project Coordinator with written notice stating the reason_for the particular delay; the requested adjustment (i.e. extension) to the Project Schedule; and a revised anticipated schedule of -completion. Upon receipt and review of Consultant's request (and such other documentation as the Project Coordinator may require), the Project Coordinator may grant a reasonable .extension of time for completion of the particular work involved, and authorize that the appropriate adjustment be made to the Project Schedule. The Project Coordinator's approval (if granted) shall be in writing. 9: AGREEMENT-ACOUSTIC 2.9.1 Consultant Performance Evaluation: The Consultant is advised that a performance evaluation of the work and or services rendered throughout this Agreement will be completed by th e City and k ept in th e City's files for evaluation of future solicitations. 2.10 The City shall have the right, at any time, in its sole and absolute discretion, to submit for review to other consultants (engaged by the City at its expense) any or all parts of the Services and the Consultant shall fully cooperate in such review(s). Whenever others are required to verify, review, or consider any Services performed by Consultant (including, without limitation, contractors, other design professionals, and/or other consultants retained by the City), the intent of such requirement is to enable the Consultant to receive Input from others' professional expertise to identify any discrepancies, errors or omissions that are inconsistent with industry standards for the review of comparable projects; or which are inconsistent with Applicable Laws; or which are inconsistent with standards, decisions or approvals provided by the City under this Agreement. Consultant will use reasonable care and skill, in accordance and consistent with customary professional standards, in responding to items identified by other reviewers in accordance with this subsection. Consultant shall receive comments from reviewers, in writing, including, without limitation (and where applicable), via a set of marked-up drawings and specifications. Consultant shall address comments forwarded to it in a timely manner. The term "timely" shall be defined to mean as soon as possible under the circumstances, taking into account the timelines of the Project Schedule. 2.11 [Intentionally Omitted] 2.12 Consultant agrees that when any portion of the Services relates to a professional service which, under Florida Statutes, requires a license, certificate of authorization, or other form of legal entitlement to practice and/or perform such Service(s), it shall employ and/or retain only qualified duly licensed certified rsonnel to provide same. p 2.13 Consultant agrees to designate, in writing, within five (5) calendar days after receiving a fully executed Consultant Service Order, a qualified licensed professional to serve as its project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of Consultant with respect to directing, coordinating and administrating all aspects of the Services. Consultant's Project Manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or his designee (who in this case shall be the Project Coordinator). Replacement (including reassignment) of an approved Project Manager shall not be made without the prior written approval of the City Manager or his designee (i.e. the Project Coordinator). 11 AGREEMENT-ACOUSTIC 2.17 The City's participation in the review of the Project shall in no way be deemed to relieve the Consultant of its professional duties and responsibilities under the Contract Documents or under Applicable Laws. 2.18 [Intentionally Omitted] 2.19 SUB-CONSULTANTS:All services provided by sub-consultants shall be consistent with those commitments made by the Consultant in its Proposal and during the competitive solicitation selection process and interview. Such services shall be undertaken and performed pursuant to appropriate written agreements between the Consultant and the sub-consultants, which shall contain provisions that preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement shall create any contractual relationship between the City and the sub-consultants. The Consultant shall not retain, add, or replace any sub-consultant without the prior written approval of the City Manager, in response to a written request from the Consultant stating the reasons for any proposed substitution. Any approval of a sub-consultant by the Clty Manager shall not in any way shift the responsibility for the quality and acceptability by the City of the services performed by the sub- consultant from the Consultant to the City. The quality of services and acceptability to the City of the services performed by sub-consultants shall be the sole responsibility of Consultant. The Consultant shall cause the names of sub-consultants responsible for significant portions of the Services to be inserted on the plans and specifications. ARTICLE 3. THE CITY'S RESPONSIBILITIES 3.9 The City Manager shall designate a Project Coordinator, in writing, who shall be the City's authorized representative to coordinate, direct, and review all matters related to this Agreement and the Project during the review of same (except unless otherwise expressly provided in this Agreement or the Contract Documents). The Project Coordinator shall be authorized (without limitation) to transmit instructions, receive information, and interpret and define City policies and decisions with respect to the Services and the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to Consultant that would have the affect (or be Interpreted as having the effect)of modifying or changing, (in any way)the following: a) the Services described in the Agreement; is AGREEMENT-ACOUSTIC 3.7.1 Except where otherwise expressly noted in the Agreement or the Contract Documents, the City Commission shall be the body to consider, comment upon, or approve any amendments or modifications to this Agreement. 3.7.2 The City Commission shall be the body to consider, comment upon, or approve any assignment, of this Agreement. 3.7.3 Upcn written request from Consultant, the City Commission shall hear appeals from administrative decisions of the City Manager or the Project Coordinator. In such cases, the Commission's decision shall be final and binding upon all parties. 3.7.4 The City Commission shall approve or consider all Contract Amendments that exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as amended). 3.8 Except where otherwise expressly noted in this Agreement, the City Manager shall serve as the City's primary representative to whom administrative (proprietary) requests for decisions and approvals required hereunder by the City shall be made. Except where otherwise expressly noted in this Agreement or the Contract Documents, the City Manager shall issue decisions and authorizations which may include, without limitation, proprietary review, approval, or comment upon the schedules, plans, reports, estimates, contracts, and other documents submitted to the City by Consultant. 3.8.1 The City Manager shall have prior review and approval of the Project Manager (and any replacements) and of any sub-consultants (and any replacements). 3.8.2 The City Manager shall decide, and render administrative (proprietary) decisions on matters arising pursuant to this Agreement which are not otherwise expressly provided for in this Agreement. In his/her discretion, the City Manager may also consult with the City Commission on such matters. 3.8.3 At the request of Consultant, the City Manager shall be authorized, but not required, to reallocate monies already budgeted toward payment of the Consultant; provided, however, that the Consultant's compensation (or other budgets established by this Agreement) may not he increased without the prior approval of the City Commission, which approval (if granted at all) shall be in its sole and reasonable discretion. 15 AGREEMENT-ACOUSTIC parties at the time of execution of this Agreement (excluding circumstances and causes resulting from error, omission, inadvertence, or negligence of Consultant). 5.2.2 Serving as an expert witness in connection with any public hearing, arbitration proceeding, or legal proceeding, unless the subject matter at issue has arisen from the error omission, inadvertence, or negligence of Consultant. 5.2.3 [intentionally Omitted] 5.2.4 [Intentionally Omitted] ARTICLE 6. REIMBURSABLE EXPENSES 6.1 Reimbursable Expenses are NOT an allowance set aside by the City and shall be included in all bid pricing. 6.2 (Intentionally Omitted] 6.2.1 [Intentionally Omitted] 6.2.2 [Intentionally Omitted] 6.2.3 [Intentionally Omitted] ARTICLE 7. COMPENSATION FOR SERVICES 7.1 Consultant's "Lump Sum" or "Not to Exceed" fee for provision of the Services, or portions thereof, as may be set forth and described in the Consultant Service Order issued for a particular Project, shall be negotiated between City and Consultant, and shall be set forth in the Consultant Service Order. 7.2 Payments for Services shall be made within forty-five (45) calendar days of receipt and approval of an acceptable invoice by the Project Coordinator. Payments shall be made in proportion to the Services satisfactorily performed, so that the payments for Services never exceed the progress percentage noted in the Consultant's Progress Schedule (to be submitted with each invoice). No mark- up shall be allowed on subcontracted work. 17 AGREEMENT-ACOUSTIC ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS All books, records (whether financial or otherwise), correspondence, technical documents, and any other records or documents related to the Services and/or Project will be available for examination and audit by the City Manager, or his/her authorized representatives, at Consultant's office (at the address designated in Article 15 ["Notices"]), during customary business hours upon reasonable prior written notice. All such records shall be kept at least for a period of three (3) years after Consultant's completion of the Services. Incomplete or incorrect entries in such records and accounts relating personnel services and expenses may be grounds for City's disallowance of any fees or expenses based upon such entries. Consultant shall also bind its sub-consultants to the requirements of this Article and ensure compliance therewith ARTICLE 9. OWNERSHIP OF PROJECT DOCUMFENTS 9.1 All notes, correspondence, documents, plans and specifications, designs, drawings, renderings, calculations, specifications, models, photographs, reports, surveys, investigations, and any other documents (whether completed or partially completed) and copyrights thereto for Services performed or produced in the performance of this Agreement, or related to the Project, whether in paper or other hard copy medium or in electronic medium, except with respect to copyrighted standard details and designs owned by the Consultant or owned by a third party and licensed to the Consultant for use and reproduction, shall become the property of the City. Consultant shall deliver all such documents to the Project Coordinator within thirty (30) days of completion of the Services (or within thirty (30) days of expiration or earlier termination of this Agreement as the case may be). However, the City may grant an exclusive license of the copyright to the Consultant for reusing and reproducing copyrighted materials or portions thereof as authorized by the City Manager in advance and in writing, In addition, the Consultant shall not disclose, release, or make available any document to any third party without prior written approval from the City Manager. The Consultant shall warrant to the City that it has been granted a license to use and reproduce any standard details and designs owned by a third party and used or reproduced by the Consultant in the performance of this Agreement. Nothing contained herein shall be deemed to exclude any document from Chapter 119, Florida Statutes. 9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior written approval of the City Manager. 19 AGREEMENT-ACOUSTIC Consultant for those Services satisfactorily performed and accepted prior to the date of termination (as such date is set forth in, or can be calculated from, the City's initial written default notice). Upon payment of any amount, which may be due to Consultant pursuant to this subsection 10.2.2,the City shall have no further liability to Consultant. 10.2.3 As a condition precedent to release of any payment which may be due to Consultant under subsection 10.2.2, the Consultant shall promptly assemble and deliver to the Project Coordinator any and all Project documents prepared (or caused to be prepared) by Consultant (including, without limitation, those referenced in subsection 9.1 hereof). The City shall not be responsible for any cost incurred by Consultant for assembly, copy, and/or delivery of Project documents pursuant to this subsection. 10.3 TERMINATION FOR CONVENIENCE: In addition to the City's right to terminate for cause, the City through the City Manager, may also terminate this Agreement, upon fourteen (14) days prior written notice to Consultant, for convenience, without cause, and without penalty, when (in its sole discretion) it deems such termination to be in the best interest of the City. In the event the City terminates the Agreement for convenience, Consultant shall be compensated for all Services satisfactorily performed and accepted up to the termination date (as set forth in the City's written notice), and for Consultant's costs in assembly and delivery to the Project Coordinator of the Project documents (referenced in subsection 10.2.3 above). Upon payment of any amount which may be due to Consultant pursuant this subsection 10.3,the City shall have no further liability to Consultant. 10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully violates any provisions of this Agreement or unreasonably delays payment of the Services or any portion thereof. In the event of a termination for cause by Consultant, the City shall pay Consultant for any Services satisfactorily performed and accepted up to the date of termination; provided, however, that receipt f Consultant's the City hall first be ranted a thirty (30) day cure period (commencing upon ece pt a tY 9 initial written notice). 10.4.1 The Consultant shall have no right to terminate this/Agreement for convenience. 10.5 IMPLEMENTATION OF TERMINATION: In the event of termination (whether for cause or for convenience), the Consultant shall immediately, upon receipt of the City's written notice of termination: (1) stop the performance of Services; (2) place no further orders or issue any other subcontracts, except for those which may have already been approved, in writing, by the Project Coordinator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all Project 21 AGREEMENT-ACOUSTIC ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS 12.1 Pursuant to Section 725.08, Florida Statutes, the Consultant shall indemnify and hold harmless the City and its officers, employees, agents, and instrumentalities, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement and/or in the performance of any Consultant Service Order issued by the City to Consultant pursuant to this Agreement. The Consultant shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Consultant expressly understands and agrees that any insurance protection required by this Agreement (or otherwise provided by Consultant) shall in no way limit its responsibility to indemnify, keep, and save harmless and defend the City or its officers, employees, agents, and instrumentalities as herein provided. 12.2 The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any negligent, reckless, or intentionally wrongful actions, errors or omissions of the Consultant in which the City participated either through review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the Contractor, or other acts of the Consultant, the City in no way assumes or shares any responsibility or liability of the Consultant (including, without limitation its sub-consultants and/or any registered professionals (architects and/or engineers) under this Agreement). ARTICLE 13. [Intentionally Omitted] ARTICLE 14. LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds $10,000, less any amount(s) actually paid to Consultant hereunder. Consultant hereby expresses its willingness to enter into this Agreement, with Consultant's recovery from the City for any damages for action for breach of contract; to be limited to 23 AGREEMENT--ACOUSTIC ARTICLE 16. MISCELLANEOUS PROVISIONS 16.1 VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age, and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age. 16.3 PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not bid on leases of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or subconsultant under a contract with the City, and may not transact business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. For violation of this subsection by Consultant, City shall have the right to terminate the Agreement without any liability to City, and pursue debarment of Consultant 16.4 NO CONTINGENT FEE: Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this subsection, City shall have the right to terminate the 2s AGREEMENT-ACOUSTIC 16.6 CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare, without added compensation, all necessary supplemental documents to correct errors, omissions, and/or ambiguities which may exist in the Contract Documents prepared by Consultant, including documents prepared by its sub-consultants. Compliance with this subsection shall not be construed to relieve the Consultant from any liability resulting from any such errors, omissions, and/or ambiguities in the Contract Documents and other documents or Services related thereto. 16.7 WARRANTY: The Consultant warrants that the Services furnished to the City under this Agreement and under any Consultant Service Order issued by the City to Consultant shall conform to the quality expected of and usually provided by the profession in the State of Florida applicable to the design and construction of public and commercial facilities. 16.8 NON-EXCLUSIVITY: Notwithstanding any provision of this non-exclusive Agreement, the City is not precluded from retaining or utilizing any other architect, engineer, design professional or other consultant to perform any incidental Basic Services, Additional Services, or other professional services within the contract limits defined in the Agreement. The Consultant shall have no claim against the City as a result of the City electing to retain or utilize such other architect, engineer, design professional, or other consultant to perform any such incidental Services. 16.9 ASSIGNMENT: The Consultant shall not assign, transfer or convey this Agreement to any other person, firm, association or corporation, in whole or in part, without the prior written consent of the City Commission, which consent, if given at all, shall be at the Commission's sole option and discretion. However, the Consultant will be permitted to cause portions of the Services to be performed by sub-consultants, subject to the prior written approval of the City Manager. 16.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself, his/her partners, successors, legal representatives and assigns to the other party of the Agreement and to the partners, successors, legal representatives, and assigns of such party in respect to all covenants of this Agreement. The Consultant shall afford the City (through the City Commission) the opportunity to approve or reject all proposed assignees, successors or other changes in the ownership structure and composition of the Consultant. Failure to do so constitutes a breach of this Agreement by the Consultant. 16.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: In the performance of the Services prescribed herein, it shall be the responsibility of the Consultant to provide all salaries, 27 AGREEMENT-ACOUSTIC , IIV WITNESS _WHEREOF, the parties hereto: have hereunto caused these presents to be r, ;signed in their_"names by their duly authorized officers and principals, attested by'ther respective witnesses.and-City Clerk;,on_the,,day and year first here nabove,written: . Attest CITY OF MIAMI BEACH: 7 CIW CLERK ` R ; . •-'y i •INCORP OR�� fSU ANT Edward bugger± Associates, PAl Attest:...., •.....:.• •�,�I I Signature Signature pW GG low Print Name/Title Print Name%Tltler APPROVED AS TO FORM,.&LANGUAGE &_ F0t _EXECUTION •J ! ,I - 1 i; .• -, ,._ -.. .. ate rney AGREEMENT ACOUSTIC 7 .` 1r 1 NOTE TO AGREEMENT SCHEDULES NOTE: WITH THE EXCEPTION OF SCHEDULES "A" AND "C" (BASIC SERVICES AND CONSULTANT'S HOURLY BILLING RATE SCHEDULE), THE ATTACHED SCHEDULES ARE FOR ILLUSTRATIVE PURPOSES ONLY: WHEN CONSULTANT IS ISSUED A CONSULTANT SERVICE ORDER FOR A PARTICULAR PROJECT PURSUANT TO THIS AGREEMENT, THEN THE SPECIFIC SCHEDULES PERTAINING TO THAT PARTICULAR WORK, SERVICES AND/OR TASKS (I.E. THE SCOPE OF SERVICES; CONSULTANT COMPENSATION; CONSTRUCTION COST BUDGET; PROJECT SCHEDULE; ETC) SHALL BE NEGOTIATED BETWEEN THE CITY AND THE CONSULTANT AND THE TERMS OF THIS AGREEMENT SHALL GOVERN FOR THAT PARTICULAR PROJECT. 30 AGREEMENT-ACOUSTIC ' l SCHEDULE A SCOPE OF SERVICES The Consultant shall.provide Noise, Acoustic; and/or Sound Services, on an"as needed basis" meaning that each firm awarded a contract hereby agrees to be placed on a list of professionals that will provide.Noise, Acoustic, and/or Sound Services where the City may,call upon them to perform professional services for applications submitted for the review'and approval of one of the City's Land Use Review Boards, (the Project or Projects), as-assigned by the City, in its sole discretion and judgment. As the need for service arise, firms will be contacted to provide the necessary professional services according to the negotiated scope of work and cost.. Professional services will be quoted as a lump'sum based on the estimated hours to complete a project and in accordance with the hourly rates set forth in Schedule "C", attached hereto. The Services will be commenced by the Consultant upon receipt of a written Consultant Service Order signed by the City Manager,or his designee. Consultant shall countersign the Consultant Service Order upon receipt, and return the signed copy to the City. The Scope of Services shall consist of, but not be limited to, the following: SOUND STUDY STANDARDS OBJECTIVES 1. To determine potential impact of noise from the proposed Project (including all the venues) on the surrounding neighborhood, with special attention given to the closest residential uses that may be impacted. Unless otherwise specified, it should include all types of possible noise generated, including music, live or recorded, amplified or non-amplified; impact from type of music such as bass levels or use. of percussion instruments, other entertainment,- ambient noises; general conversation levels based on the size of the venue(s), handling of dishes, alcohol consumption, existence or proposal for a pool and pool deck, etc. It should include potential impact from special events as well, which could permit extended hours of operation, .larger occupancies, use of fireworks, and alcohol service that may not normally be permitted. 2. After conduction of analysis, determine appropriate noise mitigation strategies, if needed and, if so, what the noise impact beyond the property limits may be after these strategies are in place. This analysis should include a various options for mitigation, ranging from limitations on occupancies and limiting amplified music volumes, to partial strategic physical sound barriers up to the full enclosure and containment of a venue(s), noting the sound reduction anticipated by such mitigation. SCOPE OF WORK 1. Describe Methodology 31 AGREEMENT-ACOUSTIC 7 2. Review the existing Noise Ordinances and other,applicable noise codes and standards to determine appropriate design sound levels for the project to meet. 3. Analyze data provided by applicant, such as architectural drawings, photos, and number of seats, occupant content,,and a description of the proposed operations, as applicable. 4. Collect data, including measuring ambient base level, and conducting computer simulations of music, and other types of potential noise using the appropriate equipment and software. a. Take acoustical measurements on the site of the proposed venue(s), at various hours and days, including timings beyond any proposed hours of operation. At a minimum 5 days shall be recorded, Thursday through Monday, unless otherwise specified. Any exceptional event occurring during the time of the study shall be noted. For example purposes only, "measurements were taken over Memorial Day weekend"). b. Take acoustical measurements of ambient sounds in the vicinity of the proposed venue(s) 5. Determine impact of proposal as it relates to the proximity of residential and hotel units. . 6. Develop conclusions recommendations for mitigation including, the type of sound (i.e. ambient or other), type, size, and distribution of speakers and other sound equipment, controls, the use of sound proofing materials or methods, modifications in the architectural layout or the addition of features such as double door vestibules, patron queuing, etc. 7. Include an appendix with support documentation i.e., analyzed data charts, specifications, photos, videos, etc. FEES Fees for typical studies will be determined in consultation and in negotiation with the Consultant, depending on the scale and complexity of the study that is the subject of the particular Consultant Service Order issued to Consultant. Fees shall be broken down into two. categories: The primary fee shall be for the preparation of the acoustic study only; and the secondary fee shall be for attendance at one (1) City Review Board meeting, where the Consultant shall appear and provide a summary of the report and respond to any questions from the applicable Review Board, City staff, and the general public. Should additional appearances before a City Review Board be required, this shall also be negotiated in advance and included as a Basic Service. PEER REVIEW STANDARDS OBJECTIVE 1. To review the analysis and recommendations of the sound study for compliance with accepted practices, and compliance with required scope of work. This shall include a thorough written analysis of any and all substantive summary points provided in the original study. SCOPE OF WORK 1. Review the methodology used, and provide comments 32 AGREEMENT-ACOUSTIC T . 2. Review measurements for consistency.(without any new measurements), and provide comments. 3. Review conclusions and recommendations, and provide comments. FEES To be negotiated the same as above. v 33 AGREEMENT-ACOUSTIC SCHEDULE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ARPEGGIO ACOUSTIC CONSULTING, LLC CONSULTANT SERVICE ORDER Service Order No. for Consulting Services. TO: DATE: SCOPE OF SERVICES: Per attached proposal dated , to be considered part of this Agreement. Project Name and No: Estimated calendar days to complete this work: days Start Date: Fee for this Service Order: $ The above fee is a Lump Sum or an Upset Limit (check one). Project Coordinator Date Planning Director Date Consultant Date City Manager Date 34 AGREEMENT-ACOUSTIC r t SCHEDULE B CONSULTANT COMPENSATION AGREEMENT BETWEEN CITY OF MIAMI BEACH AND ARPEGGIO ACOUSTIC CONSULTING, LLC, FOR Noise, Acoustic, and/or Sound Services Project Name and No: Scope of Services: Fee for this Service Order: $ Note*: These services will be paid lump sum based on percentage of work complete as identified in the Consultant Service Order. 35 AGREEMENT-ACOUSTIC a SCHEDULE C HOURLY BILLING RATE SCHEDULE Insert Hourly Billing Rates Here _ $160.00 per hour for non-litigation work $320.00 per hour for litigation work =. F:\PLAN\$PLB\SOLTND\Final Agreement Arpeggio.docxf AGREEMENT—ACOUSTIC. _ /� Client#: 15166 ARPEACO ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 08/10/2012 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 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 CONTACT NAME: Willis Ins Sery of Atlanta Inc PHONE 404 224-5000 FAX A/C No Ext: A/C,No): One Glenlake Parkway, 11th Fl E-MAIL Atlanta,GA 30328 ADDRESS: 4O4 224-5000 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Massachusetts Bay Insurance Com 22306 INSURED INSURER B:Hartford Insurance Group 29424 Arpeggio Acoustic Consulting,LLC INSURER C:Chubb Insurance Group 12777 1947 Aspen Drive NE Atlanta,GA 30345 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD MM/DD A GENERAL LIABILITY ODA737168707 11/01/2011 11/01/2012 EACH OCCURRENCE s2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $300 000 CLAIMS-MADE F—x]OCCUR MED EXP(Any one person) s5,000 PERSONAL&ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $4,000,000 X POLICY PRO LOC $ JECT A AUTOMOBILE LIABILITY ODA737168707 11/01/2011 11/01/2012 COMBINED SINGLE LIMIT Ea accident 2x000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY 20WEC106902 2/12/2012 02/12/201 X WC STATU- OTH- ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional 772093 7/18/2012 07/18/2013 500,000 per claim 500,000 aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) RFQ No.42-09/10 for Noise,Acoustic,and/or Sound Services The certificate holder is additional insured ATIMA. CERTIFICATE HOLDER CANCELLATION City of Miami Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1700 Convention Center Dr. ACCORDANCE WITH THE POLICY PROVISIONS. Miami Beach, FL 33139 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) .1 of 1 The ACORD name and logo are registered marks of ACORD #S107037/M107036 LLB F'2r1i LC Noise Arpeggio Acoustic Co9sulting, L - Vibrato Qualification -Submittal for RFQ #42-09/10 For Noise Control, Acoustic, and/or Sound Consulting Services on an "As-Needed Basis," for the Review of Projects Being Reviewed by the City's Planning Department Staff and the City's Land Use Review Boards. Prepared for: City of Miami Beach Prepared by: Arpeggio Acoustic Consulting, LLC 1947 Aspen Drive, NE Atlanta, Georgia 30345 404-277-6528 August 18, 2010 r r 'rte' io s1bO i5�iC © d5�1��Ci`-41v, LLC giSr�G?fiCf9_ ' « Ir1s1®a ® J .. . 1947 A_:aen Dr. NE;^tian�a, Georgia 3034` 1Tel:40+.417 0100 1 Fax:404.806.6104 ^ Contents Introduction —...,....-.-,.-'',.—'--..'.,--^'~^----~—~''^--~`--^'--''^~^'''----'--------'—'^''I Qualifications................................................................................................................................................G Publicationsand Presentations.................................................................................................................6 H�h|��x�xJ .^''..~..-~`^`.,.-~'`'—''--^'--^~^`'~'~`'--'--'~~-`^'~-''-'--'^—~^—'-'^^^'—'7 Highlighted References....-..-'-^-'`~'~~'-`---'~---'—~^'~'--`'^'^^''~''^~~—'--^`^--~~'`~--~^'~^'~^'^'~'^^'``10 SupportingDocumentation.........................................................................................................................12 ` � � � ' „y �Lr{-r -:.t_ K c�-�:_ -..:� '� �a j� ..��F g'iC trr -`� �_}� a. 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"sa ”>_.:..>,;:: x�. .s ,i .r-jam.z .._;'�' •. ., ti .t' rx" _ -'�7 - :�•.;, K;i xis, -.•._ 4r— '."% r2��€_, :�._n-wy., �xa�t`'�'�'�:.�."6� �7t':��x�=�'�3F3r3:.?%�'�' -.?' •� �'._ �<3-��y-t: t,r. �ar�.i�.'r -i" _r. �'Y.,�� ;x.t�•�-•'.._r_ �1 •. •. • r �. �. • 1p lop �1��peggip�� Contents introduction ..................................................................................................................................................1 Qualifications................................................................................................................................................G Publicationsand Presentations.................................................................................................................6 HighlightedProjects...................................................................................................................................7 References...................................................................................................................................................1O SupportingDocumentation.........................................................................................................................l2 ` ' Introduction Arpeggio Acoustic Consulting, LLC is a six-member firm which draws upon more than 75 years of combined practice to provide comprehensive acoustic consulting services in the fields of architectural acoustics, community noise, mechanical and electrical system noise and vibration control, industrial noise, forensic acoustics, and expert witness testimony. As one of the largest acoustic consulting companies in the Southeast, we have developed a strong reputation for providing both private and public entities the expert ise and experience to make informed decisions about acoustic issues of all types. Whether our client's concerns are the quality of acoustics within a space or sound propagation to the surrounding community, we offer a full range of acoustical consulting services to address the client's needs—acoustic design, computer modeling predictions, and field measurements. In addition, we are proud members of the National Council of Acoustical Consultants(NCAC). We are excited at the opportunity to provide acoustic consulting services for the City of Miami Beach, with whom we have not worked in the past. Furthermore, given our recent addition of two new members to the firm along with our current and projected workload, we are more than capable to complete any projects requested of us. We offer the following list as a sample of projects that underscore our relevant experience. Some of these projects are highlighted in the Qualifications section. 13-17 West Bay Street, Savannah, Georgia. Preliminary recommendations for a live music venue located under residential units. 100 Watts, College Park, Georgia. Community noise survey for a proposed residential development four miles from Atlanta Hartsfield-Jackson International Airport in response to county zoning requirements. 455 East Paces Ferry Road, Atlanta, Georgia. Measurement and recommendations concerning preschool noise transmission to an adjacent office building. 7580 Colquitt Road, Atlanta, Georgia. Community noise monitoring to assess existing noise levels at the site of a future townhome development adjacent to a major highway (GA-400), including recommendations for noise barrier design and building envelope design. Anthony's Restaurant, Atlanta, Georgia. Community noise monitoring and reporting relating to litigation between a restaurant and residential neighbor. Qualification Submittal for City of Miami Beach RFQ#42-09/10 The Artisan, Decatur, Georgia. Guidance with mitigating amenity area noise transmission to residential units below in a condominium setting. Atlanta Hartsfield-Jackson International Airport Fifth Runway, Atlanta, Georgia. Continuous comprehensive community noise monitoring and mitigation of quarrying and transport activities related to the construction of the fifth runway at Hartsfield-Jackson International Airport. Bark-a-ritaville, Atlanta, Georgia. Investigation and analysis of potential community impact of a dog kennel in response to zoning requirements. Brookwood Hills Community, Atlanta, Georgia. Community noise survey to assess the potential impact of a proposed concrete plant. Buckhead Square Phase II, Atlanta, Georgia. Consultation regarding the design and construction of a 22,000 square foot restaurant/nightclub located directly below commercial spaces and near a residential community. CertainTeed, Athens, Georgia. Noise survey in the vicinity of an industrial plant located near noise-sensitive neighbors. Children's Healthcare of Atlanta, Egleston, Atlanta, Georgia. Community noise survey to identify and characterize the impact of various noise sources on a nearby community. Colony Square,Atlanta, Georgia. Study of noise and vibration issues encountered in a multiuse facility housing a fitness center in close proximity to commercial and residential spaces. Diamond Back Motocross Park, Resaca, Georgia. Community noise study to assess the impact of a motocross track on nearby residences. Doyle Carlton/Arts Center Lofts, Tampa, Florida. Acoustic design of a four-story condominium complex located 200 feet from Interstate 275 and five miles from Tampa International Airport. Etowah Valley Game Preserve, Dahlonega, Georgia. Environmental noise study to assess the impact of a firing range on nearby residences. Fado Irish Pub, Atlanta, Georgia. Consultation regarding rooftop patio noise at a restaurant located near a high-rise condominium. 2 Qualification Submittal for City of Miami Beach RFQ#42-09/10 AM Home Depot, Atlanta, Georgia. Community noise monitoring to characterize and assess the impact of commercial activities on the adjacent residential neighborhood and interpretation with relation to the Atlanta Noise Ordinance. Preparation of expert report and delivery of deposition. Houston Medical Center, Warner Robbins, Georgia. Acoustic consultation for a new central energy plant including a 1600 square foot diesel emergency generator room housing two 1000 kW generators, two 500 horsepower boilers, two 800 ton chillers, and one 1000 ton chiller as well as three 1000 ton cooling towers located external to the building and near residences. Imagine Wesley International Academy, Atlanta, Georgia. Consultation regarding playground noise propagation to nearby residential neighbors in the vicinity of an elementary school. International House of Prayer, Lawrenceville, Georgia. Environmental noise investigation of sound transmission through the building envelope of the existing sanctuary to the neighboring community. Acoustic consulting services included measurements, analysis, and recommendations to mitigate the noise transmitted through the various building envelope constructions. Iron City Live, Birmingham, Alabama. Comprehensive acoustic analysis for the design of a new 1,400 occupancy music venue in Birmingham, Alabama. Acoustic consulting services include architectural acoustic modeling, sound isolation, mechanical noise control, and environmental noise analysis and control. Lanier Raw Water Pump Station, Buford, Georgia. Measurements, analysis, and recommendations concerning 10 MVa transformer noise issues near a nearby residential community. Louisiana Pacific, Athens, Georgia. Community noise study to characterize the impact of an industrial facility on several nearby residents. Louisiana Pacific, Franklin,Tennessee. Community noise study to characterize the impact of an industrial facility on several nearby residents. Louisiana Pacific, Houlton, Maine. Long-term community noise study to characterize the impact of an industrial facility on several nearby residents. Louisiana Pacific, Meridian, Idaho. Community noise study to characterize the impact of an industrial facility on several nearby residents, including presentation to community group. Qualification Submittal for City of Miami Beach RFQ#42-09/10 Newtown Community, Gainesville, Georgia. Measurement and documentation of ambient sound levels throughout a residential community near a junkyard. Noise Ordinance Development, Bossier and Caddo Parishes, Louisiana. Development of a comprehensive noise ordinance for Bossier & Caddo Parish. Acoustic consulting services include 3D acoustic modeling of the two parishes (1800 sq.mi.) using SoundPLAN, conducting multi-day ambient noise measurements throughout the parishes, and guidance for noise ordinance development and implementation. Pace Academy, Atlanta, Georgia. Community noise impact study relating to proposed sporting practices held on a private school campus within a residential neighborhood. Park Place Shopping Center,Atlanta, Georgia. Investigation and recommendations concerning sound isolation between a proposed restaurant/bar with live music and high-end restaurant. Peachtree City Skating Rink, Peachtree City, Georgia. Recommendations concerning community noise mitigation for a hockey skating rink located near several residences. Peachtree Street Intersection Improvement Noise Study, Atlanta, Georgia. Community noise survey and impact study to assess potential impact of nighttime road work as part of a variance application. Putnam Service District Sewage Treatment Plant, Red House, West Virginia. Assessment of community noise impact of blower noise at a sewage treatment plant upon a nearby residential neighbor. Rendezvous Nightclub, Atlanta, Georgia. Diagnosis of community noise complaints related to low-frequency music escaping from nightclub. Design of modified roof system for improved low-frequency sound containment within building. . Reuse Pipeline and Diffuser to Lake Lanier, Buford, Georgia. Continuous community noise monitoring and reporting during the construction and installation of a 72" diameter subaqueous outfall pipeline and diffuser in Lake Lanier, construction of a pressure sustaining valve vault, and construction of two picnic areas in Buford Dam Park, including preparation of noise monitoring and noise control plans. Robert Packer Hospital, Sayre, Pennsylvania. Investigation to assess the impact of an emergency generator installation at a hospital located approximately 100' from residences, including design of mitigation measures for existing and future generators. 41 Qualification Submittal for City of Miami Beach RFQ#42-09/10 Rose Arbor Community, Doraville, Georgia. Noise monitoring to assess the impact of activities at a professional soccer stadium on adjacent residences in relation to noise ordinance. Sonic Restaurant, Roswell, Georgia. Community noise survey in the vicinity of a new Sonic restaurant. Sprint, Atlanta, Georgia. Investigation to assess the potential impact of a proposed generator installation near a nearby residential community. Starbucks, Panama City Beach, Florida. Prediction of noise impact of outdoor sound system on neighboring community based on local noise criteria Strategic Materials, College Park, Georgia. Community noise survey for a proposed expansion at a glass processing facility in response to county zoning requirements. The Glenn Hotel, Atlanta, Georgia. Investigation and recommendations concerning the transmission of traffic noise into luxury hotel guestrooms in downtown Atlanta. The Shine Shop Car Wash, Martinez, Georgia. Assessment of community noise impact of blower noise at a commercial car wash upon nearby residential neighbors. Trinity Presbyterian Church, Montgomery, Alabama. Analysis and recommendations for noise mitigation of a new chiller installation approximately 50'from a residential property line. United Parcel Service, Doraville, Georgia. Comprehensive community noise survey at four residential properties located adjacent to a package distribution facility in order to assess impact in relation to the Noise Ordinance of DeKalb County, Georgia. Provided expert witness testimony. 51 Qualification Submittal for City of Miami Beach RFQ#42-09/10 y Qualifications Established in 2000,Arpeggio Acoustic Consulting, LLC is a six-member firm which, over the last ten years, has developed a reputation for providing quality comprehensive acoustic consulting services to all types of clients, both public and private. Our stature in the acoustic consulting community is proven not only by our continued membership in the National Council of Acoustical Consultants since 2002 but also be our high rate of return clients and referrals. Jesse Ehnert will be the principal in charge of performing the scope of work called for by this Request for Proposal. Throughout his 12-year career as an acoustic consultant, Mr. Ehnert's work has focused on architectural acoustics and community noise control. His project management duties have included corporate, performing arts, religious, convention, educational, courtroom, health care, industrial, residential, and athletic facilities. Mr. Ehnert received his Master's degree in Mechanical Engineering, specializing in acoustics, from the Georgia Institute of Technology. He is a member of the Acoustical Society of America, where he is a member of the technical committees on architectural acoustics and noise, and the Institute of Noise Control Engineering. Before joining Arpeggio, Mr. Ehnert worked as an acoustic consultant with Newcomb & Boyd in Atlanta, Georgia for 4 years. In addition to his work as a consultant, Mr. Ehnert has taught undergraduate courses in acoustics and engineering graphics at the Georgia Institute of Technology,the University of Florida,and Georgia Perimeter College. Publications and presentations Jesse J. Ehnert,"Acoustic design of the Charles R. Drew Charter School media center—a case study," Presentation, 141st Meeting of the Acoustical Society of America, Chicago, Illinois,4 June—8 June,2001. Jesse J. Ehnert,"Acoustic Design of an industrial Training Facility,"Sound &Vibration 35 (12): pp. 16-18(Dec. 2001) Session organizer and chair,Architectural Acoustics: Acoustics of Meeting Facilities, 143rd Meeting of the Acoustical Society of America, Pittsburgh, Pennsylvania,3 June—7 June, 2002. Jesse J. Ehnert, "Residential reuse: Acoustics and making buildings livable," Presentation, 146th Meeting of the Acoustical Society of America,Austin,Texas, 10 November-14 November, 2003. 6 1 Qualification Submittal for City of Miami Beach RFQ#42-09/10 Jesse J. Ehnert, "How easy is it being green?," Presentation, 157th Meeting of the Acoustical Society of America, Portland,Oregon, 18 May—22 May, 2009. Jesse J. Ehnert, "The Sound of Health and Healing,"Sustainable Healthcare& Hospital Development Magazine Issue 1(June 22,2010) Highlighted Projects Buckhead Square Phase II,Atlanta, Georgia In January of 2008, Arpeggio was retained on an hourly fee arrangement by Selig Enterprises, property developers and managers of Buckhead Square Phase II on Peachtree Street in the lively Buckhead area of Atlanta, to provide consultation related to a potential tenant. The facility is a 22,000 square foot two-story metal building with existing and planned second floor tenants such as a sporting goods store, a mattress retailer, and a day spa. In addition, there is a residential neighborhood comprising single family homes approximately 400 feet from the building.At the time,a high end nightclub catering to jazz and hip hop music, both prerecorded and live, was in negotiations to take the ground floor space. We were brought in to address the inherent compatibility issues, both internal and external to the building, as well as to review drawings prepared by the potential tenant's architect, Gensler. Within two weeks of our first meeting, we performed a site environmental noise survey on several nights and at different times to establish the existing baseline sound levels. Within a week, we produced a report summarizing our findings and recommendations for addressing sound transmission both to other building tenants and the nearby residential community. Over the ensuing months, upon request,we met at the site with Selig representatives and reviewed and commented on architectural drawings for the nightclub. In May of 2010, after having provided them with prompt and valuable consultation two years prior, Selig again approached us as the potential nightclub tenant declined to proceed with the project. A new tenant, an auto glass and body shop, however, was considering leasing the space. While sound transmission to the nearby residential community was not deemed as much of a concern in this case, Selig was still concerned with transmission to the high-dollar tenants on the second floor. We promptly visited the facility and performed sound level measurements in a vacant upstairs tenant space to establish a baseline. While we were not allowed to perform measurements at another of the auto glass and body shop's nearby facilities, we were still able to produce a report outlining general concerns and potential sources at the facility. Qualification Submittal for City of Miami Beach RFQ#42-09/10 a Y� ® 4! e I Anthonv's Restaurant,Atlanta, Georgia In October of 2005, we were contacted by the owner of Anthony's, an upscale restaurant on Piedmont Road in the lively Buckhead section of Atlanta. The owner was receiving complaints from a residential neighbor who shared a property line. Complaints were primarily related to events such as weddings, receptions, and parties being held on Anthony's enclosed patio with both prerecorded and live music programs. We were retained initially to be on call to measure sound levels near the property line during such events in order to create a record. Between November of 2005 and April of 2006, we monitored 4 separate events, logging data for up to two hours in each instance and producing reports, upon request, which summarized our surveys and provided interpretations with respect to the Atlanta Noise Ordinance. On a separate occasion, we visited the restaurant when no event was occurring to make acoustical measurements to characterize the sound transmission properties of the patio enclosure. To do this, we generated high levels of pink noise within the patio and made acoustical measurements both inside and outside the enclosed patio taking note of significant sound leaks. We produced a report documenting our findings and providing recommendations for improving the sound isolating properties of the enclosure, particularly as the related to low-frequency sound. Fado Irish Rule,Atlanta, Georgia In April of 2008, we were retained by Fado Irish Pub, which had recently been relocated just off of Peachtree Street in the heart of the Buckhead nightclub district in Atlanta to assist with a noise complaint. Several tenants at a nearby high-rise-condominium were filing complaints related to noise production by both patrons and music-on the new rooftop bar. We were granted access to two separate residential balconies and performed measurements for up to 30 minutes on each on a lively Friday night between approximately 10 pm and 11 pm. Within three days, we provided a summary of our measurements to Fado, including interpretation with respect to the Atlanta Noise Ordinance,and various options for addressing noise transmission from the rooftop bar. Qualification Submittal for City of Miami Beach RFQ#42-09/10 r IEEE= ® As International HoLise of Prayer Atlanta,Lawrenceville, Georgia In May of 2010, we were contacted by the International House of Prayer Atlanta to provide consultation services related to complaints from residential neighbors approximately 150 feet away.The neighbors were complaining about the transmission of live and prerecorded music from the existing sanctuary to the adjacent properties. We promptly visited their facility to assess typical levels within their sanctuary and characterize the sound transmission properties of the building envelope. Our measurements were conducted while generating high levels of pink noise, a controlled sound spectrum, within the sanctuary. We analyzed the measured data and produced a report outlining our findings and providing recommendations for mitigation—addressing the main sound transmission paths through the roof, two exterior walls, and various ventilation openings. Recommendations were also made related to loudspeaker location and mounting. All services were completed in approximately three weeks. Iron Citv Live,Winningham,Alabama In March of 2010,we were contacted by two developers who were planning the renovation of a historic building in downtown Birmingham into a new, 1,400 occupant music venue. The developers originally sought an acoustical consultant because they wanted an optimal acoustic experience for the performers and audience. Early in the consultation process, we helped the owners realize the importance of sound isolation in the building envelope. Exterior sound isolation would enhance the patron's experience in the space by mitigating the intrusion of urban noise while simultaneously reducing the level of amplified music leaving the venue to negatively impact the surrounding community. Within a week of initiating the project, we were reviewing the sound isolation characteristics of the existing building, making recommendations to improving the exterior sound isolation, and planning a visit to conduct onsite environmental noise measurements. We visited the site to establish the ambient baseline sound level in the area at various times and locations. Our analysis and recommendations for the building envelope included enhancements to the existing brick fagade, new windows and doors, and proposed designs for a new roof. 91 Qualification Submittal for City of Miami Beach RFQ#42-09/10 References Mr. Robert A.Just,AIA, NCARB, LEED AP Mr.Jay Silverman,AIA, LEED AP Senior Associate Lord Aeck Sargent Cooper Carry, Inc. 1201 Peachtree Street, NE 191 Peachtree Street, NE Suite 300 Suite 2400 Atlanta,Georgia 30361-3500 Atlanta,Georgia 30303-1700 404-253-6704 404-237-2000 x 650 JSilverman @lasarchitect.com bobiust@coopercarry.com 404-253-6754(fax) 404-237-0276(fax) Mr. Matthew G. Moffett Mr.Scott Zoeller Gray, Rust,St.Amand, Moffett& Brieske, LLP Construction Manager 1700 Atlanta Plaza Selig Enterprises, Inc. 950 East Paces Ferry Road 1100 Spring Street Atlanta,Georgia 30326 Suite 550 404-870-7390 Atlanta, Georgia 30309 mmoffett @grsmb.com 404-898-9007 404-870-1030(fax) szoeller @seligenterprises.com 404-892-6505 (fax) Mr. Burson Warren Project Superintendent Mr. Eric Brock Oscar Renda Contracting, Inc. Lord Aeck Sargent 522 Benson Lane 1201 Peachtree Street, NE Roanoke,Texas 76262 Suite 300 817-538-6468 Atlanta, Georgia 30361-3500 orcbwarren @yahoo.com 877-929-1400 817-491-4483 (fax) EBrock @lasarchitect.com 877-929-1401 (fax) Ms. Roberta Green Shuman, McCuskey&Slicer, PLLC Mr. David Steele Suite 200, 1411 Virginia Street, East Lord Aeck Sargent Post Office Box 3953 1201 Peachtree Street, NE Charleston,West Virginia 25339 Suite 300 304-345-1400 Atlanta, Georgia 30361-3500 rgreen @shumanlaw.com 404-253-6723 304-343-1826(fax) DSteele @lasarchitect.com 404-253-6773 (fax) io Qualification Submittal for City of Miami Beach RFQ#42-09/10 � � s Mr.Jon Carlsten,AIA, LEED AP Mr. Alan Lehman, P.E. Carlsten Sanford Senior Associate 34 Peachtree Street, NW GBA Architects Engineers Suite 240 9801 Renner Boulevard Atlanta,Georgia 30303 Lenexa, Kansas 66219-9745 404-589-0404 913-577-8829 carlsten carlstensanford.com_ alehman @gbateam.com 404-524-6145(fax) 913-577-8264(fax) Mr. Chris Gray Ms. Leslie C.Carruth,AIA, LEED AP School and Community Development Associate Consultant Randall-Paulson Architects Creative School Development 85-A Mill Street - 750 Glenwood Avenue,SE Suite 200 Atlanta,Georgia 30316 Roswell,Georgia 30075 404-353-2745 770-650-7558 x 135 crgraymail@gmail.com Icarruth @randalipaulson.com 770-650-7559 (fax) Mr. Bill Alexander,AIA Associate Mr. Randy Hurt HKS, Inc. Smith Seckman Reid, Inc. 3445 Peachtree Road, NE 2995 Sidco Drive Suite 675 Nashville,Tennessee 37204 Atlanta, Georgia 30326 615-460-0526 404-442-7878 rhurt @ssr-inc.com balexander @hksinc.com 615-386-8469 (fax) 404-442-7868(fax) Mr.Jeffrey Juliano,AIA, LEED AP Mr. L. Peyton Chapman, III Principal Rushton,Stakely,Johnston&Garrett, P.A. Collins Cooper Carusi Architects, Inc. P.O. Box 270 3391 Peachtree Road, NW Montgomery,Alabama 36101-0270 Suite 400-The Lenox Overlook 334-206-3225 Atlanta, Georgia 30326 pc @rsig.com 404-873-0001 334-481-0803(fax) iiuliano collinscoopercarusi.com 404-873-0051 (fax) Qualification Submittal for City of Miami Beach RFQ#42-09/10 t Supporting Documentation 12 1 Qualification Submittal for City of Miami Beach RFQ#42-09/10 INSURANCE CHECK LIST XXX 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ 00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ . 00 Liquor Liability $ . 00 Fire Legal Liability $ . 00 Protection and Indemnity $ -. 00 Employee Dishonesty Bond $ . 00 ;4 XXX Professional,`Liability -"$ 300,000 .00 i lV O� l t�E C.Rwr►J�y �-1,AUg �0,OOC� C.1�9�T L�}0:.j�v I CAE � I ir A W AADEZ Co L.z t'�A C�', XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the Quote number and title VENDOR AND INSURANCE AGENT STATEMENT: We understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after Proposal opening. Jesse J. Ehnert, Principal Arpeggio Acoustic Consulting, LLC Vendor Signature of Vendor 8/11/2010 RFQ#42-09/10 City of Miami Beach Noise,Acoustic and/or Sound Service i REQUEST FOR QUALIFICATIONS NO. 42-09110 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part l or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFQ: 01-09/10. Addendum No. 1, Dated August 9, 2010 Addendum No. 2, Dated Addendum No. 3, Dated Addendum No. 4, Dated Addendum No. 5, Dated Part 11: No addendum was received in connection with this RFQ. Verified with Procurement staff Name of staff Date Jesse J. Ehnert August 12, 2010 (Contractor-Name) Date (Signature) 7/19/2010 RFQ#42-09/10 City of Miami Beach Noise,Acoustic and/or Sound Service Page 20 of 31 DECLARATION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 Submitted this 12 day.of August , 2010. The undersigned, as contractor, declares that the only persons interested in this proposal are named herein; that no other person has any interest in this responses or in the Contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The contractor agrees if this response is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the contractor and the City of Miami Beach, Florida,for the performance of all requirements to which the response pertains. The contractor states that the response is based upon the documents identified by the following number: RFQ No. 03-08/09. S I NATO E Jesse J. Ehnert PRINTED NAME Principal TITLE (IF CORPORATION) 7/19/2010 RFQ#42-09/10 City of Miami Beach Noise,Acoustic and/or Sound Service Page 21 of 31 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to City of Miami Beach [Print name of public entity] By Jesse J. Ehnert, Principal [Print individual's name and title] For Arpeggio Acoustic Consulting, LLC [Print name of entity submitting sworn statement] Whose business address is 1947 Aspen Drive, NE, Atlanta, GA, 30316 and (if applicable) its Federal Employer Identification Number(FEIN) is 58-2560243 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that"convicted"or"conviction"as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime,with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after Jul 1 1989 as a result of a "u verdict non'u trial or entry of a lea of Y � jury 1 rY ry p guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes, means: 1) A predecessor or successor of a person convicted of a public entity crime; or 2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime.The term"affiliate"includes those officers,directors,executives, partners,shareholders,employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7/19/2010 RFQ#42-09/10 City of Miami Beach Noise,Acoustic and/or Sound Service Page 22 of 31 I understand that a"person"as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief,the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders,employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [Attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE)ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ian u r e Sworn to and subscribed before me this day of j�_ ,2010 PersanaHy-knzwn--_. 4.)r-+ O Prod identification 0 OLCI (i�C B OAotary Public- State of _ My commission expires 13-(Type of Identification) (Printed typed or stamped Commissioned name of Notary Public) NATOYA COLEMAN 7/19/2010 Notary Public RFQ#42-09/10 City of Miami Beach Fulton county Noise,Acoustic and/or Sound Service state of Georgia pr 9 2013 My Commission Exp Page 23 of 31 PROPOSER INFORMATION Submitted by: Jesse J. Ehnert Proposer(Entity): Arpeggio Acoustic Consulting, LLC Signature: Name (Printed):Jesse J. Ehnert Address: 1947 Aspen Drive, NE City/State: Atlanta, GA 30345 Telephone: 404-277-6528 Fax: 404-806-6104 E-mail: jehnert @arpeggioacoustics.com Federal ID# 58-2560243 CONSULTANTS proposed by for RFQ#42-09110: N/A It is understood and agreed by Proposer that the City reserves the right to reject any and all Proposals, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the RFQ or in the Proposals received as a result of the RFP. It is also understood and agreed by the Proposer that by submitting a proposal, Proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to and signed by both parties. a a- c 8/12/10 (Authorized Signature) (Date) Jesse J. Ehnert (Printed Name) 7/19/2010 RFQ#42-09/10 City of Miami Beach Noise,Acoustic and/or Sound Service Page 24 of 31 QUESTIONNAIRE Contractor's Name: Arpeggio Acoustic Consulting,LLC Principal Office Address: 1947 Aspen Drive,NE Atlanta,GA 30316 Official Representative: Jesse J.Ehnert,Principal E ership Circle One) ion If a Corporation, answer this: When Incorporated: In what State: If a Foreign Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: Members of Board of Directors: 7/19/2010 RFQ#42-09/10 City of Miami Beach Noise,Acoustic and/or Sound Service Page 25 of 31 Questionnaire (Continued) If a Partnership: Date of organization: July 27,2000 General or Limited Partnership*: Limited Liability Company Name and Address of Each Partner: NAME ADDRESS Jesse Ehnert 1060 Mercer Street,SE,Atlanta,GA 30316 Kenneth Cunefare 1947 Aspen Drive,NE,Atlanta,GA 30345 Steve Ryherd 2738 Tupelo Street,SE,Atlanta,GA 30317 Tina Ortkiese 10846 Paladin Drive, Hampton,GA 30228 * Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating A/E business: 10 2. Have any agreements held by Contractor for a project ever been canceled? Yes ( ) No 7 If yes, give details on a separate sheet. 3. Has the Contractor or any principals of the applicant organization failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five(5)years, or been declared to be in default in any contract in the last 5 years? No If yes, please explain: 7/19/2010 RFQ#42-09/10 City of Miami Beach Noise,Acoustic and/or Sound Service Page 26 of 31 Questionnaire (continued) The Contractor understands that information contained in this Questionnaire will be relied upon by the City in awarding the proposed Agreement and such information is warranted by the Contractor to be true. The undersigned Contractor agrees to furnish such additional information, prior to acceptance of any proposal relating to the qualifications of the Contractor, as may be required by the City Manager. The Contractor further understands that the information contained in this questionnaire may be confirmed through a background investigation conducted by the Miami Beach Police Department. By submitting this questionnaire the Contractor agrees to cooperate with this investigation, including but not necessarily limited to fingerprinting and providing information for credit check. WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name W ESS: IF PARTNERSHIP: Arpeggio Acoustic Consulting, LLC -'�'tcAakure Print Name of Firm 5e e-(f' ne. 1947 Aspen Drive, NE,Atlanta, GA 30345 Print Name Address By: 4, a, (�� General Partner Jesse J. Ehnert Print Name WITNESS: IF CORPORATION: Signature Print Name of Corporation Print Name Address By: President (CORPORATE SEAL) Attest: 7/19/2010 RFQ#42-09/10 City of Miami Beach Noise,Acoustic and/or Sound Service Page 29 of 31 Kenneth A. Cunefare, Ph . D., Principal Arpeggio Acoustic Consulting, LLC .r( 1947 Aspen Drive NE, Atlanta, Georgia 30345 _ ken .cunefare @arpeggioacoustics.corn Direct: 404-216-7714 Fax: 404-806-6104 Capabilities Industrial, commercial, community noise measurements, analysis and control; litigation support and testimony in matters relating to acoustics, noise and vibration; vibration modeling, measurement and analysis; noise dosimetry; design and specification of noise control treatments, familiarity with acoustics-related ANSI codes and standards; OSHA (HCA), HUD, FHWA, and FAA noise standards; vibration control treatments, process and process control equipment, safety systems; acoustic boundary element analysis; static and dynamic analysis of mechanical systems; design of mechanical systems; instrumentation and data analysis; design and specification of data acquisition systems. Principal, Arpeggio Acoustic Consulting, LLC Dr. Cunefare has been involved in acoustics, noise and vibration consulting since 1991. He has experience in: environmental noise assessment; community noise impact assessment; commercial, industrial, and residential noise control assessment, specification, and design; noise dosimetry and hearing conservation programs; and vibration analysis and control. Dr. Cunefare received a Ph.D. in Mechanical Engineering with specialization in acoustics from the Pennsylvania State University in 1990. He received the Acoustical Society of America's Hunt Fellowship to perform post-doctoral research at the Technical University of Berlin, Institute of Technical Acoustics. He joined the Mechanical Engineering faculty of the Georgia Institute of Technology in 1991, where he teaches classes in acoustics, noise control, vibrations, and design, and holds the rank of Professor. Dr. Cunefare serves as the Professor in Charge of the Integrated Acoustic Laboratory, a state of the art research facility dedicated to acoustics and vibrations. Consulting Experience 1616 Mosaic Way, Smyrna, Georgia. Ground vibration measurement and assessment. 624 Laurel Circle, Dahlonega, Georgia. Noise monitoring for shooting range impact on adjacent properties. Apple Computer, Inc., Cupertino, California. ISO 3745 anechoic chamber qualification. Apple Computer, Inc., Cupertino, California. Patent litigation support. Applied Ceramics, Atlanta, Georgia. Noise control recommendations for hammer mill facility. Atlanta Mutual Housing Harbour Oaks Apartments, Marietta, Georgia. HUD Noise Assessment Guideline study and attenuation plan. Baker& McKenzie, Dallas, Texas. Expert report in support of patent litigation. Brookwood Hills Community, Atlanta Georgia. Community noise impact assessment, expert report for use in zoning process. Carleton Properties Samuel's Avenue Apartments, Fort Worth, TX. HUD Noise Assessment Guideline study and attenuation plan. Carpet Systems, Inc., Dalton, Georgia. Acoustic product analysis. Children's Hospital of Atlanta, Chantilly Road Facility, Atlanta, Georgia. Industrial noise monitoring and control. Children's Hospital of Atlanta, Emory, Atlanta, Georgia. Rooftop chiller noise assessment. Columbia at Blackshear Apartments, Atlanta, Georgia. HUD noise attenuation plan. 1 Arpeggio Acoustic Consulting, LLC Resume—Kenneth A. Cunefare NorSouth Companies, Inc, Heritage at Johns Creek Walk, Johns Creek, Woodstock, Georgia. HUD site noise assessment and attenuation plan. NorSouth Companies, Inc, Heritage at Madison Pointe, Woodstock, Georgia. HUD site noise assessment and attenuation plan. NorSouth Companies, Inc, Terraces of East point, East Point, Georgia. HUD site noise assessment and attenuation plan. Nucor Steel, Charleston, South . Carolina. Melting deck pulpit noise assessment and recommendations. Parkway Courts Villages, Calhoun, Georgia. HUD noise Assessment Guideline study and attenuation plan. Powell Goldstein, Atlanta, Georgia. Expert report in support of litigation on contract award dispute. Progressive Redevelopment Seven Courts Project, Atlanta, Georgia. HUD Noise Assessment Guideline study and attenuation plan. Progressive Redevelopment Welcome House Project, Atlanta, Georgia. HUD Noise Assessment Guideline study and attenuation plan. Progressive Redevelopment, Inc, Deans Bridge Road Project, August, Georgia. HUD Noise Assessment Guideline study and attenuation plan. Progressive Redevelopment/Chris Kids 2045 Graham Circle Apartments, Atlanta, Georgia. HUD Noise Assessment Guideline study and attenuation plan. Respironics, Kennesaw, Georgia. Medical device noise reduction diagnosis and testing. Roberts & Daughdrill PC, Atlanta, Georgia. Expert report for noise-related zoning matter. Scott&Wells Athens, Georgia. Community noise assessment, expert report. Sphinx Development Alsbury Road Villas, Burleson, Texas. HUD Noise Assessment Guideline study and attenuation plan. Suburban Manufacturing, Dayton, Tennessee. STC testing and design modifications of packaged air handler. SunTrust Plaza, Portman Holdings, Atlanta, Georgia. Conference room noise and vibration assessment and recommendations. Chiller room vibration assessment and recommendations. Susan Garrett, Attorney, City of Oxford, Oxford, Georgia. Airport noise impact review. Sustainable Fellwood, Phases I, II and III, Savannah, Georgia. HUD Noise Assessment Guideline studies and attenuation plans. Sutherland, Asbill and Brennan, Atlanta, Georgia. Peaking power plant noise impact measurement, litigation support. United States Department of Housing and Urban Development, Washington, D.C. Assessment of technologies and methods for site noise suitability assessment by measurement. University of Alabama AIME Acoustics Laboratory, Tuscaloosa, Alabama. ISO 3745 anechoic chamber qualification. Vanderbilt University Medical Center, Ophthalmology Operating Suites, Nashville, Tennessee. Floor vibration response in microscopy surgical suite. Wasson, Sours & Harris, P.C, Atlanta, Georgia. Noise annoyance assessment of natural gas valve manifold on adjacent residential property. Education Doctor of Philosophy, Mechanical Engineering specializing in acoustics, The Pennsylvania State University, 1990. Dissertation: "The Design Sensitivity and Control of Acoustic Power Radiated By Three-Dimensional Structures". 3 Arpeggio Acoustic Consulting, LLC Resume—Kenneth A. Cunefare "On the exterior acoustic modes of structures," Journal of the Acoustical Society of America, 96(4), pp. 2302-2312 (1994). Steve Shepard and Kenneth A. Cunefare, "The active control of extended acoustic sources in a half space," Journal of the Acoustical Society of America, 96(4), pp. 2262-2271 (1994). Scott P. Crane, Kenneth A. Cunefare, Stephen P. Engelstad, Eugene A. Powell, "A comparison of optimization formulations for design minimization of aircraft interior noise," AIAA Journal of Aircraft, 34(2), pp. 236-243, 1997. Kenneth A. Cunefare, M. Noelle Currey, Martin E. Johnson, Stephen J. Elliott, "The radiation efficiency grouping of free-space acoustic radiation modes," Journal of the Acoustical Society of America, 109(1), pp. 203-215, 2001. Van B. Biesel, Kenneth A. Cunefare, "Insertion loss of personal protective clothing," Journal of Applied Acoustics, 62(7), pp. 831-840, 2001. Francesco Franco and Kenneth A. Cunefare, "The Surface Variational Principal applied to an acoustic cavity," Journal of the Acoustical Society of America, 109(6), pp. 2797-2804, 2001. Kenneth A. Cunefare and Ryan Rye, "Localization of Disc Brake Squeal via Sound Intensity and Laser Vibrometry," 2001 SAE Transactions, Vol. 110, Journal of Passenger Cars: Mechanical Systems, Section 6, pages 2047-2054. Kenneth A. Cunefare and Aaron J. Graf, "Experimental active control of automotive disc brake rotor squeal using dither," Journal of Sound and Vibration, 250(4), pp. 579-590, 2002. Kenneth A. Cunefare, Van B. Biesel, John Tran, Ryan Rye, Aaron Graf, Mark Holdhusen, Anne- Marie Albanese, "Anechoic chamber qualification: traverse method, inverse square law analysis method, and nature of test signal,"Journal of the Acoustical Society of America, 113(2), pp. 881- 892, 2003. Tina M. Famighetti, Kenneth A. Cunefare, Emily E. Muhlberger, "Qualification and performance of a reverberation chamber equipped with lightweight diffusers," Noise Control Engineering Journal, 54(3), pp. 201-211, 2006. Kenneth A. Cunefare, Jeff Badertscher, and Volker Wittstock, "On the qualification of anechoic chambers: further issues related to signals and bandwidth," Journal of the Acoustical Society of America, 120(2), pp. 820-829, 2006. Jeff Badertscher, Kenneth A. Cunefare and Aldo Ferri, "Braking impact of normal dither signals," Anne-Marie Albanese and Kenneth A. Cunefare, "Performance of MRE-based vibration absorbers,"Journal of Intelligent Material Systems and Structures, 19(5), pp. 551-563, 2008. Manuel Collet and Kenneth A. Cunefare, "Modal Synthesis and Dynamical Condensation Methods for Accurate Piezoelectric Systems Impedance Computation," Journal of Intelligent Materials, Structures and Systems, 19(11), pp. 1251-1269, 2008. Alex Michaud and Kenneth A. Cunefare, "Experimental investigation of reflection of airborne noise at duct terminations: RP-1314,"ASHRAE Transactions, Vol. 114(2), SL-08-001, pp. 3-16, 2008. F. Casadei, M. Ruzzene, L. Dozio, and K. A. Cunefare, "Broadband vibration control through periodic arrays of resonant shunts: experimental investigations on plates," Smart Materials and Structures, 19, pp.1-13, 2010. Kenneth A. Cunefare, "Negative capacitance shunts for vibration suppression: wave based tuning and reactive input power," paper A06_110, CD Proceedings, Active 2006, Adelaide, Australia, September 2006. Kenneth A. Cunefare, Van B. Biesel, Anne-Marie Albanese, Mark Holdhusen, Aaron Graf, Ryan Rye, John Tran, "Anechoic chamber qualification per ISO 3745 and ASA/ANSI S12.35," paper 6B.05.03, CD proceedings of the 17th International Congress of Acoustics, Rome, Italy, September, 2001. Kenneth A. Cunefare, Nila Montbrun ,Victor Rastelli, Mawuli Dzirasa, "Burst Mode Dither Control of Automotive Brake Squeal," paper 6A.10.02, CD proceedings of the 17th International Congress of Acoustics, Rome, Italy, September, 2001. 5 Jesse J . Ehnert, Principal Arpeggio Acoustic Consulting, LLC 1947 Aspen Drive NE, Atlanta, Georgia 30345 _ jehnert @arpeggioacoustics.com � ® Direct: 404-277-6528 Fax: 404-806-6104 Capabilities Architectural acoustics analysis and design; industrial, commercial, and community noise measurements and analysis; litigation testimony and support in matters relating to noise and vibration; vibration measurement and analysis; design and specification of noise control treatments; familiarity with acoustics-related codes and standards, including OSHA, HUD, and FAA noise standards and THX and Dolby guidelines; vibration control treatments Principal, Arpeggio Acoustic Consulting, LLC Throughout his career, Mr. Ehnert's work has focused on architectural acoustics and community noise control. His project management duties have included the design of corporate, performing arts, religious, convention, educational, courtroom, health care, industrial, residential, and athletic facilities. Mr. Ehnert received his Master's degree in Mechanical Engineering, specializing in acoustics, from the Georgia Institute of Technology. He is a member of the Acoustical Society of America, where he is a member of the technical committees on architectural acoustics and noise, and the Institute of Noise Control Engineering. Before joining Arpeggio, Mr. Ehnert worked as an acoustic consultant with Newcomb & Boyd in Atlanta, Georgia for 4 years. In addition to his work as a consultant, Mr. Ehnert has taught undergraduate courses in acoustics and engineering graphics at the Georgia Institute of Technology, the University of Florida, and Georgia Perimeter College. Consulting Experience Relevant Experience With Arpeggio Acoustic Consulting: 13-17 West Bay Street, Savannah, Georgia. Preliminary recommendations for a live music venue located under residential units. 21 East Bay Street Lofts, Savannah, Georgia. Investigation and recommendations pertaining to mechanical noise and sound and vibration isolation in a loft unit adjacent to a restaurant tenant. 100 Watts, College Park, Georgia. Community noise survey for a proposed residential development four miles from Atlanta Hartsfield-Jackson International Airport in response to county zoning requirements. 455 East Paces Ferry Road, Atlanta, Georgia. Measurement and recommendations concerning preschool noise transmission to an adjacent office building. 4860 Hannah Road, College Park, Georgia. Community noise survey for a proposed residence four miles from Atlanta Hartsfield-Jackson International Airport in response to county zoning requirements. 7580 Colquitt Road, Atlanta, Georgia. Community noise monitoring to assess existing noise levels at the site of a future townhome development adjacent to a major highway (GA-400), including recommendations for noise barrier design and building envelope design. Andrade's Clean Up, Woodstock, Georgia. Measurements and investigation to assess the potential impact of an outdoor grinder installation upon a nearby residential community as part of a rezoning application. Anthony's Restaurant, Atlanta, Georgia. Community noise monitoring and reporting relating to litigation between a restaurant and residential neighbor. Atlanta Hartsfield-Jackson International Airport Fifth Runway, Atlanta, Georgia. Continuous comprehensive community noise monitoring and mitigation of quarrying and transport activities related to the construction of the fifth runway at Hartsfield-Jackson International Airport. 1 Arpeggio Acoustic Consulting, LLC Resume —Jesse J . Ehnert Louisiana Pacific, Meridian, Idaho. Community noise study to characterize the impact of an industrial facility on several nearby residents, including presentation to community group. Louisiana Pacific, Selma, Alabama. Engineering noise survey to provide noise mitigation recommendations. Meridian Naval Air Station, Meridian, Mississippi. Measurement and assessment of military aircraft operations in the vicinity of a naval airfield, including recommendations for architectural modifications to provide acceptable interior noise levels within nearby buildings. Newtown Community, Gainesville, Georgia. Measurement and documentation of ambient sound levels throughout a residential community near a junkyard. Pace Academy, Atlanta, Georgia. Community noise impact study relating to proposed sporting practices held on a private school campus within a residential neighborhood. Peachtree City Skating Rink, Peachtree City, Georgia. Recommendations concerning community noise mitigation for a hockey skating rink located near several residences. Peachtree Street Intersection Improvement Noise Study, Atlanta, Georgia. Community noise survey and impact study to assess potential impact of nighttime road work as part of a variance application. Piedmont Bark, Atlanta, Georgia. Facilitation in the design of a dog kennel sharing a building with other commercial tenants. Private Residence, Atlanta, Georgia. Investigation of community noise issues related to residential condensing units between two neighbors pursuing litigation. Putnam Service District Sewage Treatment Plant, Red House, West Virginia. Assessment of community noise impact of blower noise at a sewage treatment plant upon a nearby residential neighbor. Reuse Pipeline and Diffuser to Lake Lanier, Buford, Georgia. Continuous community noise monitoring and reporting during the construction and installation of a 72" diameter subaqueous outfall pipeline and diffuser in Lake Lanier, construction of a pressure sustaining valve vault, and construction of two picnic areas in Buford Dam Park, including preparation of noise monitoring and noise control plans. Robert Packer Hospital, Sayre, Pennsylvania. Investigation to assess the impact of an emergency generator installation at a hospital located approximately 100' from residences, including design of mitigation measures for existing and future generators. Rose Arbor Community, Doraville, Georgia. Noise monitoring to assess the impact of activities at a professional soccer stadium on adjacent residences in relation to noise ordinance. Sonic Restaurant, Roswell, Georgia. Community noise survey in the vicinity of a new Sonic restaurant. South Bay at Lake Oconee, Eatonton, Georgia. Acoustic design of a high-end condominium complex adjacent to a marina. Southmeadow East, Atlanta, Georgia. Community noise survey and report in response to Fulton County, Georgia zoning requirements. Sprint, Atlanta, Georgia. Investigation to assess the potential impact of a proposed generator installation near a nearby residential community. Strategic Materials, College Park, Georgia. Community noise survey for a proposed expansion at a glass processing facility in response to county zoning requirements. Ten Pin Alley, Huntsville, Alabama. Design of a new 14-lane bowling alley located above retail space to mitigate sound and vibration transmission. Project was terminated before completion. Tenaska Georgia, Franklin, Georgia. Community noise survey in the vicinity of a power plant. The Glenn Hotel, Atlanta, Georgia. Investigation and recommendations concerning the transmission of traffic noise into luxury hotel guestrooms in downtown Atlanta. The Shine Shop Car Wash, Martinez, Georgia. Assessment of community noise impact of blower noise at a commercial car wash upon nearby residential neighbors. The Walk at Legacy, Mableton, Georgia. Guidance in the design of a new mixed use development featuring commercial space under residential space. 3 Arpeggio Acoustic Consulting, LLC Resume —Jesse J . Ehnert Presentations and Publications Jesse J. Ehnert, "Acoustic design of the Charles R. Drew Charter School media center – a case study," Presentation, 141s' Meeting of the Acoustical Society of America, Chicago, Illinois, 4 June–8 June, 2001. Jesse J. Ehnert, "Acoustic Design of an Industrial Training Facility," Sound &Vibration 35 (12): pp. 16-18 (Dec. 2001) Session organizer and chair, Architectural Acoustics: Acoustics of Meeting Facilities, 143rd Meeting of the Acoustical Society of America, Pittsburgh, Pennsylvania, 3 June–7 June, 2002. Jesse J. Ehnert, "Residential reuse: Acoustics and making buildings livable," Presentation, 1461h Meeting of the Acoustical Society of America, Austin, Texas, 10 November – 14 November, 2003. Jesse J. Ehnert, "How easy is it being green?," Presentation, 157th Meeting of the Acoustical. Society of America, Portland, Oregon, 18 May–22 May, 2009. Jesse J. Ehnert, "The Sound of Health and Healing," Sustainable Healthcare & Hospital Development Magazine Issue 1 (June 22, 2010) Professional Society Memberships Member, Acoustical Society of America Member Technical Committee on Architectural Acoustics Member Technical Committee on Noise Member, Institute of Noise Control Engineering Member Firm, National Council of Acoustical Consultants Awards and Certifications Certified Engineer-In-Training in Georgia. Graduated University of Florida as Outstanding Two-Year Scholar with 4.0 GPA. Graduated Summa Cum Laude from Lake-Sumter Community College. 5 Tina M . Ortkiese, Principal `a Arpeggio Acoustic Consulting, LLC 's 1947 Aspen Drive NE, Atlanta, Georgia 30345 _ tortkiese @arpeggioacoustics.com Direct: 404-895-0242 Fax: 404-806-6104 Capabilities SoundPLAN environmental modeling of transportation and industrial noise sources; environmental noise measurement analysis and modeling: familiarity with acoustics-related ANSI codes and standards, HUD, FHWA and FAA noise standards. Principal, Arpeggio Acoustic Consulting, LLC Mrs. Ortkiese has expertise in engineering acoustics and architectural acoustics. Her experience includes environmental noise modeling (transportation and industrial noise modeling in SoundPLAN), environmental monitoring, electro-acoustic transducer design, acoustic chamber qualification and material characterization testing. Mrs. Ortkiese holds a Master's degree from Georgia Tech in Mechanical Engineering, with research in reverberation and anechoic chambers, along with a Bachelor's degree in Mechanical Engineering from Texas A&M University. Prior to joining Arpeggio, Tina designed automotive speakers for Bose Corporation. She is a member of the Acoustical Society of America and the Institute of Noise Control Engineering. Selected Consulting Experience Atlanta Motorsports Park, Dawsonville, Georgia. Environmental noise measurement, basic modeling and impact assessment for proposed members-only performance vehicle facility. Bricks, II, Roswell, Georgia. Residential noise control consulting, improving sound isolation of adjacent townhomes. Site visit and recommendations. Columbia Residential, Atlanta, Georgia. SoundPLAN traffic noise modeling for multi-family residential site suitability assessment John Wells, Cairo, Georgia. Environmental noise assessment of proposed Grady County Land Use Ordinance amendments relating to a motocross park and surrounding residences Louisiana-Pacific, Athens, Georgia. Community noise survey and impact assessment, presentations to community action committee. ISO 9713 environmental modeling. Parish Attorneys, Bossier&Caddo Parishes, Louisiana. Noise mapping of two parishes of Louisiana (1800 sq. mi) to inform noise ordinance development. SounclPLAN model, incorporating FAA Noise Contours and GIS topographical, structure, and transportation data. Progressive Redevelopment/Chris Kids, Atlanta, Georgia. SoundPLAN traffic noise modeling for multi-family residential site assessment Sound Fighter Systems, Inc. Shreveport, Louisiana. SoundPlan modeling of absorptive barrier designs; assessment of barrier effectiveness for noise control for specific business sectors. The United States Department of Housing and Urban Development, Washington, D.C. Project to assess feasibility of site suitability assessment by measurement; use of SoundPLAN to explore various complex acoustic environments. W.C. Bradley, Columbus, Georgia. Acoustic consulting services related to multi-family residential renovation. Predictive modeling of acoustic transmission and impact isolation of various partition designs. 1 A.`r:.. Steven R. Ryherd, Principal Y' Arpeggio Acoustic Consulting, LLC 1947 Aspen Drive NE, Atlanta, Georgia 30345 _ srryherd @arpeggioacoustics.corn Direct: 404-460-8081 Capabilities Architectural acoustic design, analysis, and measurement; community noise modeling, measurements and analysis; experience with building mechanical systems design and related noise control; commercial, industrial, and vibration measurement and analysis; noise and vibration control design and specification of treatments; familiarity with acoustics-related ANSI codes and standards. Principal, Arpeggio Acoustic Consulting, LLC Mr. Ryherd has developed a career in acoustics relating to the built environment and environmental noise. His project management duties have involved design, modeling, and measurement for sites concerned with environmental noise, corporate offices, performance spaces, educational facilities, commercial, mixed-use, and residential buildings. Mr. Ryherd holds a Master's degree in Applied Acoustics from Chalmers University of Technology in Gothenburg, Sweden and a Master's and Bachelor's degree in Architectural Engineering from the University of Nebraska. He received a Fulbright Grant to support his work in Sweden. He is a LEED accredited professional (LEED AP), an engineer in training (EIT), and a member of the Acoustical Society of America with involvement in the technical committees on architectural acoustics and noise. Consulting Experience A.H. Parker High School—Birmingham, AL Design for the architectural acoustics and noise control of the auditorium. Army Band Training Facility—Ft. Bragg, NC Comprehensive acoustic design for the new home of the Army Ground Forces Band. Acoustic consulting services include architectural acoustics and 3D modeling; pre- and post-construction measurements, analysis, and construction administration; and building system noise control and sound isolation. Benjamin E. Mays High School—Atlanta, GA Design recommendations for acoustically sensitive spaces at the secondary school including the auditorium, music rooms, gymnasium, and recording rooms. Acoustic consulting services included architectural acoustics, mechanical noise control, basic sound isolation, and onsite measurements. Boston Consulting Group—Atlanta, GA Acoustic design review and recommendations related to mechanical penthouse noise and office to office sound transmission for a tenant build out in a high-rise office building. Central Park Lofts—Atlanta, GA Assess existing air-handling unit noise and provide recommendations for a loft condominium Columbus Speech & Hearing Center—Columbus, GA Design review and recommendations for a floor-ceiling design for interior sound isolation. D.M. Therrell High School—Atlanta, GA Design recommendations for acoustically sensitive spaces at the secondary school including the auditorium, music rooms, gymnasium, and air rifle range. Acoustic consulting services included architectural acoustics, sound isolation, and mechanical noise control. 1 Starbucks—Panama City Beach, FL Predict noise impact of outdoor sound system on neighboring community based on local noise criteria West End Condominiums—Nashville, TN Conduct sound transmission and impact insulation measurements for condominium owners pursuing litigation Education Master of Science in Engineering, Applied Acoustics, Chalmers University of Technology, Gothenburg, Sweden, August 2008. Thesis: Influence of a Wearer's Voice on Noise Dosimeter Measurements. Master of Science, Architectural Engineering, University of Nebraska, May 2006. Thesis: Measuring Sound Power in Ducted HVAC Systems for the Verification of Acoustical Prediction Methods. Bachelor of Science, Architectural Engineering University of Nebraska, May 2005. Work Experience 1/08-Present, Principal, Acoustic Consultant, Arpeggio Acoustic Consulting, LLC Perform measurements, analyze data, and consult clients in the areas of room acoustics, sound isolation, noise and vibration control, and environmental and community noise. Manage projects involving acoustics. Manage day-to-day operations including business development, marketing, and organizational activities 5/04-1106, Mechanical Engineering Intern, HDR, Inc.—Part-time Performed acoustical analysis on mechanical and architectural designs. Performed mechanical system design and selection. Conducted on-site construction administration services for mechanical systems. Presentations Ryherd, S. (2010) "Acoustic expectations, health effects, and design techniques in the urban environment." Congress for the New Urbanism (CNU 18), Atlanta, Georiga, May 2010. Ryherd, S., K. Persson Waye, M. Kleiner, and E. Ryherd, (2008) "Quantifying the noise environment: effects of the wearer's voice on body-mounted noise dosimeter measurements." J. Acoust. Soc. Am. 123. Meeting of the Acoustical Society of America, Paris, France, July 2008. Ryherd, S. R. and L. M. Wang. (2005) "Acoustical prediction methods for heating, ventilating, and air-conditioning (HVAC) systems." J. Acoust. Soc. Am. 118, 2066. Wang, L. M., J. Rathsam and S. R. Ryherd. (2004) "Interactions of model detail level and scattering coefficients in room acoustic computer simulation." International Symposium on Room Acoustics: Design and Science, Hyogo, Japan, April 2004. Professional Society Memberships Member, Acoustical Society of America (ASA) Technical Committee on Architectural Acoustics Technical Committee on Noise Member Firm, National Council of Acoustical Consultants Awards and Certifications Fulbright Student Fellow, 2006-2007, Sweden 3 ``. %.`` Arpeggio Acoustic Consulting, LLC 1947 Aspen Dr. NE c3` _ Atlanta, GA 30345 (404) 277-6528 (DIRECT) (404) 417-0100 ® - s (404) 806-6104 (FAX) February 19, 2008 Mr. Scott Zoeller Selig Enterprises, Inc. 1100 Spring Street Suite 550 Atlanta, Georgia 30309 Re: Buckhead Square Phase II Dear Scott: This report summarizes issues raised during our meeting at your offices on Tuesday, January 29, 2008 to discuss the inherent acoustical compatibility issues and challenges at the proposed new nightclub at Buckhead Square Phase II at 3275 Peachtree Road and offers preliminary and general guidelines to address sound isolation at the facility. This report also includes results from a brief noise survey conducted at the site. This report does not address the potential issues that may be raised by sound sources outside of the nightclub (e.g., patrons and automobiles). PROJECT DESCRIPTION The facility is to be located on the ground floor of a two-story building facility at 3275 Peachtree Road. The proposed nightclub is slated to encompass the entire 22,000 square foot lower floor. The building is to be of metal construction with a 4" lightweight concrete slab between the first and second floors. A certain portion of the south fagade of the building is to be glass. The nightclub is planned to cater to jazz music, with the potential for other similar music programs. There is to be an installed house sound system but, due to the fact that the facility will also serve as a concert venue, touring acts' sound systems will likely be used as well. Among the various tenants on the second floor of the facility is a yoga studio. Directly northeast of the building is the existing Embassy Suites hotel and to the south and southeast are single family homes. The nearest residential property line is estimated to be approximately 400 feet from the south fagade of the nightclub (the exact distance needs to be confirmed by the design team). ACOUSTIC ISSUES Due to the nightclub's proximity to the adjacent residential community as well as to other tenants within the building there is a great potential for several acoustic issues to be encountered due to the largely incompatible acoustic environment of these various areas. The two main concerns expressed have been sound transmission to other building tenants and sound transmission to the residential community to the south and southeast. We anticipate that, while both concerns have merit, the former will potentially pose the greater challenge. i Selig Enterprises, Inc. Arpeggio Acoustic Consulting, LLC Page 3 located during daytime hours or 50 or more feet from the real property line of any private property on which the noise source is located during nighttime hours. EXISTING ACOUSTIC ENVIRONMENT In order to characterize the existing acoustic environment at the site, a brief noise survey was conducted on the site. Specifically, sound levels were measured and logged continuously on both Saturday, February 9, 2008 and Sunday, February 10, 2008. During each attended session, levels were logged for approximately one hour. During the first session on Saturday, this occurred between 10:05 pm and 11:06 pm while during the second session on Sunday, this occurred between 10:25 pm and 11:26 pm. Measurements were made near the southwest corner of the lot, approximately 20 yards from the existing tree line, 40 yards from the Embassy Suites. The temperature, in degrees Fahrenheit, was in the mid 40s and there was little wind and no precipitation. The measurement apparatus used during our survey comprised a Larson-Davis System 824 Type 1 precision sound level meter and real-time analyzer (SN 1771) with a Larson-Davis Model 2560 '/2" random incidence microphone (SN 3249) and Larson-Davis Model PRM902 preamplifier (SN 2276). This sound measurement system was calibrated with a Larson-Davis CAL250 precision acoustic calibrator (SN 4096) and the microphone was fitted with a windscreen. In addition to other metrics, the A-weighted and C-weighted broadband sound levels were measured and logged in one-minute and one-second intervals. Specific results are shown in Figures Al to A4, attached to this report. Within these graphs, three specific metrics are shown, the equivalent sound level (Leq), the maximum sound level (Lmax), and the L90. The equivalent sound level is defined as the steady sound level which, over a stated time period (e.g., one minute) has the same sound energy as the actual time varying sound level. The Lmax and L90, respectively, are defined as the maximum sound level measured in any given interval and the sound level exceeded 90% of a stated time interval. Taken together, these metrics provide a good indication of the magnitude and variability of the sound level at the site. In summary, the sound level was typically 46-49 dBA on Saturday night and 44-47 dBA on Sunday night. The ambient level was determined primarily by traffic noise (road as well as air). Levels were slightly lower on Sunday night due to reduced traffic. Specific noise events are noted in Figures Al to A4. DESIGN CONSIDERATIONS It has been acknowledged that sound levels in adjacent tenant spaces and at residential property lines cannot be guaranteed due to the fact that those levels will depend on the sound levels generated within the nightclub. Given this fact, however, certain preliminary guidelines can be presented to facilitate with the design process. The acoustic aspects of the design should be driven by the fact that any potential noise problems will manifest themselves as low-frequency problems. That is, any issues that are likely to arise will be due to "thumping" at frequencies below 250 hertz (and potentially to as low as 40 hertz). We anticipate the possibility that third-octave band sound pressure levels could exceed 95 decibels at and below 125 hertz (though we would initially advise against third octave band limits above 100 decibels and broadband C-weighted levels above 105 decibels). This being the case, specifying constructions or presenting recommendations in terms of Sound Selig Enterprises, Inc. Arpeggio Acoustic Consulting, LLC Page 5 spaces. Furthermore, any penetrations and all perimeter locations in the floor/ceiling construction between the floors need to provide a solid and airtight seal. Insofar as sound propagation to adjacent residential areas to the south and southeast are concerned, we recommend that careful attention be paid to the design and construction of the south fagade. In general, sound transmission will be determined to a large extent by the amount and makeup of glass and doors. That being the case, we recommend that both be minimized. What doors are required for egress should be configured with sound lock vestibules such that entering the nightclub requires going through more than one set of doors separated by a long hallway. Such a configuration should ideally prevent the presence of any open doors allowing for easy sound transmission from within the nightclub to the outside. There is the potential that, depending on the amount of glazing at this fagade, special window units will be required. Acoustical window units typically feature two or more lights of glass separated by large airspaces where at least one of the lights of glass is laminated. Note that practical considerations dictate that only so much can be achieved through construction means. Given this, it is our position that administrative means to mitigate sound encroachment must be employed. Such administrative means include, but are not limited to limited hours of operation and limits on sound levels within the venue. This is especially true where sound levels in second floor tenant spaces are concerned. It is advisable that, to the extent possible, these tenants not share common hours of operation. FUTURE WORK This report is intended to present preliminary and general guidelines for the design of the nightclub given the limited information known to us to date. It is the intent that the information contained herein be considered as the design progresses and that the actual acoustic integrity of the space will be determined largely by the architectural design. As the design progresses we are available to review design documents and provide comments and to attend meetings with design team members to facilitate with the design as it pertains to the sound isolation issues Please feel free to contact me at 404-277-6528 if you have any questions or need additional information. We look forward to continuing to work with you as this project develops. Sincerely, Jesse J. Ehnert Arpeggio Acoustic Consulting, LLC Selig Enterprises, Inc. Arpeggio Acoustic Consulting, LLCC Page 7 I Motorcycle. 58 ------------ 56 I t 54 A M 52 CL 50 > 48 'A" cn k 46 M JF W 7% 44 42 y II 40 22:26 22:31 22:36 22:41 22:46 22:51 22:56 23:01 23:06 23:11 23:16 23:21 Time,hh:mm -h LMax--+—Leq L90.00 Figure A3 One-Minute Sound Levels at Buckhead Square Phase 11 Site, 2/10/08 75 70 65 L U 60 55 50 45 40 22:25:05 22.30:05 22:35:05 22:40:05 22.45:05 22:50:05 22:55:05 23:00:05 23:05:05 23:10:05 23:15:05 23:20:05 23:25:05 Time,hh:mm:ss :—dBC—dBA Figure A4— One-Second Sound Levels at Buckhead Square Phase 11 Site, 2/10/08 Arpeggio Acoustic Consulting, LLC 1947 Aspen Dr. NE =i.. Atlanta, GA 30345 (404) 277-5528 (DIRECT) (404) 417-0100 (404) 806-6104 (FAX) January 30, 2009 Mr. Randy Hurt Smith Seckman Reid, Inc. 2995 Sidco Drive Nashville, Tennessee 37204 Re: Robert Packer Hospital generator noise, Sayre, Pennsylvania Dear Randy: We have completed our study of acoustic issues relating to generator noise at Robert Packer Hospital in Sayre, Pennsylvania and offer the following report. INTRODUCTION AND INVESTIGATION We visited the site on Tuesday, August 26, 2008 to investigate existing conditions and perform acoustic measurements of three existing generators located at the central energy plant at Robert Packer Hospital. Our acoustic measurements included the measurement of third-octave band time-averaged equivalent sound pressure levels near the closest residential property line at the bend on Hospital Place, approximately 65' northeast from the northeast corner of the generator rooms, while generators 4, 5, and, 6 were in operation individually, while all three were in operation, and while none were in operation to determine an ambient baseline. In addition, acoustic measurements were made in various other locations, including inside both the first and second floor generator rooms, atop the roof above the generator rooms, and outside the first floor intake and discharge louvers. The residential measurement location is shown with a red dot in Figure 1. 3y � df � NE Corner generator roo 4 h t � A iS '`}"' S a-•. mn. nee* �a�a v-`i+,:��e,dw'.,iaw n...a'" ''`•"'°`n1•t '� +" '�"�' °r <''ziNs LS >»', Figure 1 —Aerial Photograph of Site Smith Seckman Reid, Inc. Arpeggio Acoustic Consulting, LLC Page 3 ANALYSIS OF FUTURE UNMITIGATED SOUND LEVELS Analyses were performed to estimate the impact of the installation of three new generators in the second floor generator room upon sound levels near the closest residential property line. These analyses were based on published acoustic data of the basis of design, Cummins 900DQFAC. This data indicated a broadband exhaust sound pressure level at one meter of 131 dBA with no muffler and a sound power level associated with the engine and radiator fan of approximately 120 dBA. Our analyses assumed the installation of Nelson hospital grade mufflers, providing a published insertion loss of 35-42 dBA for emitted exhaust noise levels, on all three new generators. All calculations were based on a conservative estimate of acoustical performance within this range (per the manufacturer, actual muffler performance, which should be within this range, will actually be influenced by engine size, type, and speed). Accounting for only these mufflers for additional sound attenuation and assuming no other significant changes (e.g., sound attenuators or acoustical louvers on the intake or discharge or noise barrier wall), we estimate a resulting sound level of approximately 90 dBA at the aforementioned residential measurement location with all six generators operating. This is approximately 10 decibels above the 80 dBA we measured during our visit when generators 4, 5, and 6 were operating and approximately 37 decibels above the ambient baseline we measured on our visit. RECOMMENDATIONS The main sources associated with the generators are the exhaust, the radiator fan, and the engine casing. Being that exhaust noise is emitted through the exhaust pipe while radiator fan and casing noise is transmitted primarily through louvered openings within the generator room, mitigation techniques will differ for each. Given inherent constraints (e.g., allowable system pressure drops, infeasibility of installing remote radiators), only viable options were analyzed and are presented. The exhaust data for the three new generators supplied to us indicate a sound level of approximately 131 dBA at a distance of one meter from one generator exhaust. We have reviewed your basis of design for exhaust mufflers, Nelson hospital grade, and calculate that, based on their published data, a sound level of approximately 70-75 dBA may be expected at the nearest residential property line assuming only the presence of exhaust noise (no casing radiated or radiator fan noise from the rooms) from all six generators.. Having addressed the issue of exhaust mufflers leaves the radiator fan and engine casing as the main sources. The main transmission paths associated with these sources are the intake and discharge louvered openings. Thus steps should be taken to provide attenuation in these paths to mitigate excessive noise levels at the nearest residential neighbors. Additionally, given inherent constraints concerning available space and pressure drop, a coordinated approach between the two paths needs to be taken. To that end, we recommend a phased approach be taken. While it is unlikely that a condition of complete inaudibility can be achieved, we anticipate that the following phased approach can reduce existing levels significantly and address noise emissions from newly installed generators. We first recommend that discharge sound attenuators be installed in the second floor generator room as the new generators are installed. Due to constraints related to space and required airflow, there is a limit on the level of acoustic performance that can be achieved. These banks of attenuators, which would be rectangular in cross section and contain dissipative fill, would be installed across the entire face of each set of louvers on the interior of the room. Selections for Smith Seckman Reid, Inc. Arpeggio Acoustic Consulting, LLC Page 5 Table 3 — Physical Characteristics for First Floor Generator Room Sound Attenuators Tag Location Width, in. Height, in. Length, in CFM Pressure Drop, in. w SA-4 Inlet 168 144 36 64,000 .07 SA-5 Discharge 204 144 36 53,000 .03 Table 4—Acoustic Performance Criteria for First Floor Generator Room Sound Attenuators Minimum Dynamic Insertion Loss, dB Tag Vibro-Acoustics Basis of Design 63 125 1 250 500 1000 2000 4000 SA-4 RD-ULV-F2 7 14 20 20 27 21 16 SA-5 RD-ULV-F1 7 14 19 18 25 1 23 18 Installing these attenuators in the first floor generator room will further reduce sound levels beyond those anticipated by only addressing the second floor generator room. Specifically, we estimate that implementing these recommendations at the first floor generator room would result in a sound level at the nearest residential property line of approximately 67 dBA when all six generators are operating, assuming the only sound sources being the engine casing and radiator fan noise transmitting through the louvered openings (and neglecting exhaust noise from atop the roof). At this point, however, the exhaust stacks would be the dominant noise source and would yield an overall sound level of approximately 75 dBA at the nearest residential property line (i.e., accounting for all sound coming through the louvered openings and the exhaust stacks). As the dominant noise source at this point would be the exhaust stacks, further improvements would only be possible by addressing them. Further practical options which may be considered to treat them include redirecting the stack openings away from the residential neighbors with goosenecks, rerouting them to remote locations with respect to the residential neighbors, and adding additional mufflers in the exhaust paths. At this point, given the prominent role of the exhaust stacks, we would not recommend either acoustical absorption within the generator rooms or barriers in front of the side wall discharge and inlet openings. The recommendations given in this report are based on measurements we made during our site visit, information supplied to us by the design team, and conditions as shown in the drawings. Actual conditions may vary depending on many factors, including the actual field performance of the installed equipment as well as the actual installation methods implemented by the contractors. Please feel free to contact me at 404-277-6528 if you have any questions or need additional information. Sincerely, Jesse J. Ehnert Arpeggio Acoustic Consulting, LLC Arpeggio Acoustic Consulting, LLC 1947 Aspen Dr. NE r Atlanta, GA 30345 (404) 277-6528 (DIRECT) (404) 417-0100 ,} (404) 806-6104 (FAX) March 21, 2007 Mr. Stephen Rothman Attorney at Law Wilson Brock & Irby, LLC Suite 700, Overlook 1 2849 Paces Ferry Road Atlanta, Georgia 30339 Dear Steve: Please find attached our report summarizing our investigation and analysis of existing ambient sound levels at Pace Academy and the potential future acoustical impact of football practice at the campus. If you have any questions, please do not hesitate to contact us. Jesse J. Ehnert Arpeggio Acoustic Consulting, LLC Wilson Brock & Irby, LLC Arpeggio acoustic Consulting, LLC Table of Contents 1 Introduction and summary results...................................................................1 2 Definitions.......................................................................................................1 3 Ambient Survey ..............................................................................................2 3.1 Methodology.............................................................................................2 3.2 Results.....................................................................................................3 4 Football Practice Survey.................................................................................4 4.1 Methodology.............................................................................................4 4.2 Results.....................................................................................................5 5 Conclusions....................................................................................................7 Appendix............................................................................................................8 Wilson Brock & Irby, LLC Arpeggio Acoustic Consulting, LLC Page 2 3 Ambient Survey The purpose of the ambient survey at Pace Academy was to establish the existing baseline ambient levels at the site so that potential future impact of football practices upon nearby residential neighbors could be determined. 3.1 Methodology In order to predict the potential impact of football practice upon the nearest residential neighbors, we measured the existing ambient sound pressure levels (SPL) in three locations between the hours of 3:00 pm and 5:00 pm (when football practices would potentially occur). Figure 1 shows these monitoring locations. Site 1 was situated on the western edge of the baseball field, near the rear property line of 65 Asheworth Court. Site 2 was situated at the northwest corner of the soccer field, near the rear property line of 25 Asheworth Court. Site 3 was situated at the eastern edge of the soccer field, near the rear property line of 3338 Wood Valley Road. All measurements were made on Pace Academy property. 3 a, ya S9i a� Figure 1 —Ambient Survey Monitoring Sites Ambient sound levels were measured on Wednesday, March 7, 2007 and Thursday, March 8, 2007 between the hours of 3:00 pm and 5:00 pm. The temperature during each of these periods was approximately 70° F and there was no precipitation. On Wednesday, winds were generally out of the west at 10 miles per hour with occasional stronger winds. On Thursday, there was little wind. These days were selected due to the fact that they occurred during the school's Spring Break when typical activity noises from the school itself would ideally be minimized (thus establishing a conservative estimate of the ambient sound levels). Wilson Brock & Irby, LLC Arpeggio Acoustic Consulting, LLC Page 4 occurring at 3363 Wood Valley Road), and occasional bat/baseball impact noises emanating from the baseball field to the north. At the quietest moments, the ten-second Leq was typically 42-44 dBA. The six-minute Leq varied from a low of 45.3 dBA to a high of 48.4 dBA. Overall, it appeared that the westerly breezes on Wednesday resulted in slightly higher ambient sound levels on that day. This is likely due to the increased noise from leaves rustling and/or favored sound propagation for traffic noise from Interstate 75 approximately 3/ mile to the west. Regardless, the six-minute Leq was typically in the mid to upper 40s (dBA) at all the sites on both days. 4 Football Practice Survey The purpose of the football practice survey was to characterize typical noise- producing activities at a football practice and to establish typical resulting sound levels. Given these levels would then allow for extrapolation to the Pace Academy site and determination of the potential future impact upon nearby residential neighbors. As a part of the analysis, the nearby measurement distances at the practice site (generally within 50') were extrapolated to the locations and distances at Pace Academy (generally from 75' to over 200'). 4.1 Methodology In order to characterize the sound levels generated at a typical football practice, we measured sound pressure levels (SPL) at various locations during a football practice held at the Pace Academy practice field located at the intersection of Warren Road and Defoors Ferry Road in Atlanta, Georgia. This practice was held on Saturday, March 17, 2007 beginning at approximately 1:00 pm. Measurements were made on the periphery of the practice field as well as close up to individual practice areas. The practice site is shown in Figure 2. NNW t .#•;:?_.ate,>' Figure 2 — Football Practice Survey Site Wilson Brock & Irby, LLC Arpeggio Acoustic Consulting, LLC Page 6 drills where the Leq was 50-60 dBA. At approximately 2:00 pm, the meter was relocated to the wide receiver drills where the Leq was again in the mid 50s. Shortly after 2:00 pm, hitting drills began at the southwest edge of the practice field as 7 players put pads on to practice blocking. The meter was located approximately 15'-25' from these activities. These drills produced the loudest sound levels. The figure shows that the Leq was routinely in the upper 60s and lower 70s. These levels were produced partly from the impacts but primarily from whistles blowing. Over the course of the hour, the six-minute Leq varied from a low of 49.0 dBA to a high of 70.3 dBA. 90 T — --- --- ------- --- - -- Handclaps Whistle and chant as players Whistles and � I and chants. change agility s tations. hitting. LU 80 , C ha nt. - f N 70 Q I ir 40 Stretching ends and p Agility g ty Offensive individual drills . Hitting w agility stations start. �� stations end. � 9 tY d ri Its sta rt. .:. ;k Water break: start. 30 DK� D� t� �\ Z ��D� �� D� �� D� �� D� �� D� �� 0� �0� N � K N Time, hh:mm:ss Lmax Leq L90 Lmi n Figure 3 —Sound Levels at Football Practice, 3/17/07 Subsequent to the one-hour monitoring period, brief 1-second measurements were made of a whistle blowing. It was found that a typical blowing whistle resulted in a sound level of approximately 80 dBC at a distance of 15-20' In order to quantify the potential impact of football practice activities upon the nearby residences at Pace Academy, the measured values from the practice survey need to be adjusted to account for increased distances. For example, in order to extrapolate a measurement made at 20' to a sound level at 200', the sound level measured at 20' would need to be reduced by 20 decibels (accounting only for spreading loss and neglecting the minimal excess attenuation due to atmospheric absorption). Similarly, in order to extrapolate a measurement made at 20' to a sound level at 75', the sound level measured at 20' would need to be reduced by approximately 11.5 decibels. Wilson Brock & Irby, LLC Arpeggio Acoustic Consulting, LLC Page 8 Appendix 70 ---------...--— —-------___----------- ------—--...___- --- Airplane overhead. 65 IL 60 o' Helicopter. N d Q CO 55 d � a c n ° 50 45 40 A1 AA -A AA NA Al '.� AA "1 A� N1 Al 'A, AA NA t� -A, t} �� A� 'NA A' 'NA A� �� A' �� A� '�� A� �� g1 c�1' g°�' fig' y°�'.4j� 00 00 .ON .ON O� .00 O� .O� .OA .OA .Oy .O� .OHO .OHO .O^ .0A .0� .0b .O°' O°' .N �.0 .�^. N N. Time,hh:mm.ss —0—Lm ax--a—Leq—+—L90—w—Lm in Figure Al —Sound Levels at Site 1, March 7, 2007 60 Jet o7e—rh e-a-d lAirpiane overhead. 58 56 Loud vehicle. 54 m CL 3 0 N 52 m i 50 � _ p d "d C 48 t 0 46 44 42 40 !.N .A^ ,N 0� ^\ A� ^" A^ �^ A^ N NN N A^ NN A^ NN �`�' �r' n��0 .^�r6. nA'. n�1 `�C �(6 r�q .r�QJ A( AO A� A^ Aq Time,hh:mm:ss —0 Lmax m Leq—+---L90—w Lmin Figure A2 — Sound Levels at Site 2, March 7, 2007 Wilson Brock & Irby, LLC Arpeggio Acoustic Consulting, LLC Page 10 70 Airplane. I 65 Helicopter. Impact of 60 baseball bat at baseball field. M x' a 0 55 N d Q m 9 50 - - d a CD 45 0 h 40 35 ' I 30 00 + 00 ,-P 00 50 00 nj0 00 ry0 00 nj0 00 r�j0 00 n�0 00 r�0 00 nj0 00 nj0 00 r50 00 �j0 00 r�j0 00 50 00 ^a..�.� ..(6- �.(D'.�.lo- �O• �A..A-P b- .lb. �°' �.°' `1I �Q) `l^. �N. �R ,tti 'L� �`b. rlb rL� l� rL� �0. �L`O �1A �A �O. ' "P"P"P"��. "�. ��. ��. ��. ^�. ��. ��. may. ^�. ^�. N �. N �. ^y. N N N I ^y. I 1,. I 11; I ^y. Time,hh:mm:ss -a Lmax-m Leq----L90-*-Lmin Figure A5— Sound Levels at Site 2, March 8, 2007 65 T— -- - Airplane. 60 Jet overhead.6 Helicopter. �f I � � 55 a � o o � )% N � 50 Co > d ld � 45 I ' c 40 I i 35 30 00 1j 00 r�0 00 rip 00 r50 00 n�0 00 rp 61 r50 61 �j0 00 p 00 r50 00 1-P 00 r j0 00 r�j0 61 50 00 j0 00 tx �b�• ^�� rhh jb 3�b A- A- ^�'b 3' �(:b �C a0 a0 A^ D^ Rr' r'- �r .pr .At. .A� .p�D 0.'6 .A(O Pro Al .AA .p4 'b .ab. Time,hh:mm:ss -�-Lmax-s-Leq-+--L90- Lmin Figure A6 — Sound Levels at Site 3, March 8, 2007 Arpeggio Acoustic Consulting, LLC 1947 Aspen Dr. NE .. _, Atlanta, GA 30345 (404) 277-6528 (DIRECT) (404) 417-0100 (404) 806-6104 (FAX) November 21, 2006 Mr. Bill Alexander, AIA Associate HKS, Inc. 3445 Peachtree Road, NE Suite 675 Atlanta, Georgia 30326 Re: Houston Medical Center Central Energy Plant Dear Bill: We have completed our study of acoustic issues relating to the Central Energy Plant (CEP) at the Houston Medical Center and offer the following report. BASELINE DETERMINATION In order to determine the level of noise mitigation required for components at the new Central Energy Plant, the applicable local ordinance was consulted. In this case, the Warner Robins Noise'Ordinance, being nuisance-based, did not provide guidance in terms of quantifiable absolute or relative noise level limits. Thus, for lack of objective, measurable limits, a noise survey was conducted to determine existing noise levels at the site. In order to predict the potential impact of mechanical equipment upon the adjacent residences along Briarcliff Road and to provide recommendations for mitigation measures, we measured the existing ambient sound pressure levels (SPL) during a typical night in the area. This was done by conducting a nighttime ambient noise survey at certain times during the evening of Monday, November 13, 2006 and the morning of Tuesday, November 14, 2006. Sound levels were continuously logged during four 10-minute increments: 4:50-5:00 pm, 9:30-9:40 pm, 4:37- 4:47 am, and 9:17-9:27 am. The temperature at these times was between 39° F and 69° F, winds were below 5 miles per hour, and there was no precipitation. During each 10-minute period, several metrics were logged in 30-second intervals. These metrics included the equivalent sound level, Leq; the maximum sound level, Lmax; and the minimum sound level, Lmin. In addition, several statistical metrics were logged, most notably the L90. The Leq is defined as the steady sound level which, over a stated time period, would have the same sound energy as the actual varying sound level over that time period. The Lmax and Lmin, are defined as the maximum and minimum sound levels measured for a given time period, respectively. While the Leq can be thought of as an average sound level, the Lmax and Lmin give an indication of the variability of sound levels over a specified time period. The L90 is defined as the sound level that is exceeded 90% of the time during a given time period and gives a good indication of the residual sound level, or the fairly steady existing lower sound level in the absence of sporadic loud events (e.g., vehicles passing by). HKS, Inc. Arpeggio Acoustic Consulting, LLC Page 3 and casing noise is transmitted primarily through louvered openings within the generator room, mitigation techniques will differ for each. The exhaust data supplied to us indicate a sound level of 117 dBA at a distance of one meter given 100% load. Assuming only one generator operates at a time, this corresponds to a sound level of approximately 86 dBA at the nearest receptor property (assumed to be 112' away). Given this fact, a muffler with a minimum total insertion loss of 44 dBA would be needed to meet the 42 dBA ambient baseline. If two or all three generators operate at the same time, then the required dynamic insertion loss would need to be 47 dBA or 49 dBA, respectively. Achieving values of this magnitude will require the installation of a super critical or extreme grade muffler and, more than likely, more than one muffler in series. Furthermore, these mufflers should be installed within the generator room. Appropriate manufacturers include Nelson, Maxim, and Kinetics. As previously stated, engine casing and radiator fan noise will be transmitted primarily through the discharge ventilation openings. In order to help reduce the reverberant noise level within the generator room, we recommend installing 1" thick absorptive material such as glass fiber duct liner to two short walls and one long wall at a minimum (yielding a minimum total area of approximately 3000 square feet). With this treatment, the sound level near the west louvered wall will be approximately 110 dBA with all three generators operating at full load, which translates to a sound level of approximately 78 dBA at the nearest residential property across Briarcliff Road, which is significantly above the 42 dBA ambient baseline. Thus, a bank of attenuators, with performance characteristics as given in Table 1, will be needed at the louvered discharge of the generator room. The very high values given in this table are evidence of the high noise emission of the generators and close proximity to the noise receptors. Furthermore, achieving these values will require significant space and may produce a notable pressure drop. Appropriate manufacturers include Vibro-Acoustics and Kinetics. Table 1 —Acoustic Performance Criteria for Generator Room Discharge Sound Attenuators Octave-Band Center Frequency, Hz 63 125 250 500 1000 2000 4000 Minimum Dynamic Insertion Loss, dB 18 30 36 38 37 41 38 Note that shielding was not included in the generator discharge noise analysis due to the fact that there appears to be partial line of sight between the CEP and the residences. Furthermore, the presence of a barrier at the location shown in the drawings will have minimal effect due to the fact that sound reflected from the barrier will be reflected back off the CEP building to the adjacent residences. Due to the sound attenuating nature of the penthouse atop the CEP, predicted sound levels and, hence, additional mitigation requirements will be somewhat lower for the inlet than for the discharge, particularly at higher frequencies. Assuming the presence of approximately 3600 square feet of 1" thick glass fiber lining (approximately equivalent to covering the floor and ceiling of the penthouse), our analysis predicts a sound level of approximately 67 dBA at the nearest residential neighbor with three generators operating at 100% load. Thus, a bank of attenuators, with performance characteristics as given in Table 2, will be needed at the louvered inlet in the penthouse. As with the discharge, shielding was not included in the generator inlet noise analysis due to the fact that there is direct line of sight between the inlet louvers and the residences. Table 2—Acoustic Performance Criteria for Generator Room Inlet Sound Attenuators Octave-Band Center Frequency, Hz 63 125 250 500 1000 2000 1 000 Minimum Dynamic Insertion Loss, dB 18 30 27 21 17 23 22 HKS, Inc. Arpeggio Acoustic Consulting, LLC Page 5 Chillers Due to the location of the chiller room and absence of louvered openings facing the adjacent neighbors, no additional silencing requirements should be necessary, assuming that two chillers are operating at any one time. This is based on certain assumptions concerning the roll up door on the south wall (the weak link for sound transmission in this case). Should this door not be of sufficient mass or installed in a manner which introduces gaps or holes, there is the potential for sound transmission beyond that which we modeled. This condition could fairly easily be addressed, however, by addressing the door installation, installing absorptive material to wall surfaces (as in the generator room), or application of composite absorber/barrier materials to certain areas of the chillers (e.g., the condensers) as described in the Trane Engineering Bulletin CTV-PRB012-EN. At this time, however, we do not recommend that this be pursued. The recommendations given in this report are based on data supplied to us by the design team and conditions as shown in the drawings. Actual conditions may vary depending on many factors, including the presence of short-term wind and temperature inversions which may result in higher than expected sound levels at distant receptors, actual installation methods implemented by the contractors, and the actual field performance of the installed equipment. Given the presence of a motivated neighbor, a visible noise emitter, and a subjective local noise ordinance, there is always the potential for complaints in the future. Finally, though not included in our scope of work and analysis, we recommend that the transformers be located behind a full barrier. While the transformers may not produce high overall sound levels, they will produce tones at 120 hertz (and associated harmonics) which will tend to cause annoyance even if their overall level is not high. Please feel free to contact me at 404-277-6528 if you have any questions or need additional information. Sincere) r� Y, 1 —t Jesse J. Ehnert Arpeggio Acoustic Consulting, LLC HKS, Inc. Arpeggio Acoustic Consulting, LLC 50 co 45 .......... 40 35 30- AS, bO NIZI AP NO AFI Nrj tP NIJ AP tP NQ) bp NlO -P 'b' C" Time,hh:mm:ss LMax--+--Leq--o.—L90.00--e--LMin Figure A3—Ambient Levels at CEP Site, 11/14106 75 70 x 65 M 60 EL 55 > 50 C: 0 En 45 40 35 30 I:b, C" Cb. O� Cb. C�N C�P' C��' C��' C�� C�� C6�' C'�' C��' C��" C�� c6r� C��' L�O C�� Time,hh:mm:ss LMax Leq o—L90.00 * LMin Figure A4—Ambient Levels at CEP Site, 11114/06