Loading...
Agreement with Edward Dugger + Associates, PA s. Ltri. !t �.4.. •• • T -h' - ' .. 1. 1 r'''':_ "1• , ." 'f .,I::..'-'', ..',...:;':'..1,,,:,..:',..,:‘,..:.:::.,:.:::.'.,:r.,,,,,,,„,;..,..,,, ,.i. .-,.,.,',,.:'..;..','.. , .'i.......:',,,,....,:::::-..::-:,,,1,-;'.,:,',.....,1,,',,,"..,:':,.: AGREEMENT.BETWEEN • { jl''- CITY-`OF MIAMI BEACH }•r yr a { I i l `I �, ;;I ,I p/� - I 3 I," ,.! r L • - '7. i. I - • AND �I 1 - Edward Dugger+Associates, P.-A " - ! FOR .,. '' ' i NOISE, ACOUSTIC, AND 1 OR SOUND SERVICES r : � o "�� .. - I;�_ is, - �� �; - �., I !�il, i 1 _� .7,:',f:::',':,:,;:.'.:'''''-'-.-� , ' Resolution•No..20,,. .,546 ' ''r hr I .Y y 'y. � ," L - J+ f-.4. 1 J fl 1 ' - J •� ' 14 t? I. ,.JK - J ,if t, I , +i 1 i•• "I 1. . } pry - _ ' } _ r'. . ....,,,. . • ........._•,,,:.1:ty.....7..„...,...,./..:.,:::.; . •_,.97_:... _,..,..„.• , .:„..:.,: ..,. _ .. .,•.••...,. , . ., _ ,... .,_ .„..,, • . - . --- -• • . • _ ... • ._, ..,..„. .. . .,,,...., „ .......,.. ...... .. .,.., ::. _. . ,. .: ,..:. , . . . . .. . .. ...._.: ,: _....,.....,,..,,.. . . '_'...,-e- .._... ,• ••.., .. .._ . • .. ,.. .■ , ,.. •• scannd e...... • , } I r ' r -', fit' - + i _ :. {' AGREEMENT -"ACOUSTIC' . r , u 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`h 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 Project 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 (Intentionally 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 such Contract Amendment. 1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to the Basic Services in this Agreement, which the Consultant shall perform, at the City's option, and which have been duly authorized, in writing, by the City Manager or his authorized designee, prior to commencement of same. 1.18 [Intentionally Omitted] 1.19 SERVICES: "Services" shall mean all services, work, and actions by the Consultant performed pursuant to or undertaken under this Agreement. When the term "Services" is used in this Agreement, it shall also be deemed to refer to to the particular work, services, and/or tasks assigned to Consultant pursuant to the City's issuance of a Consultant Service Order. 1.20 [Intentionally Omitted] 1.21 [Intentionally Omitted] 1.22 SCOPE OF SERVICES: "Scope of Services" shall include the Project Scope, Basic Services, 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 Consultant Service Order to Consultant for a particular Project, then the Scope of Services shall also be deemed to include the particular work, services, and/or tasks described and delineated in such Order. 1.23 CONSULTANT SERVICE ORDER: "Consultant Service Order" shall specifically describe and delineate the particular services (Basic and otherwise) which will be required of Consultant for the Project that is the subject of such order. 1.24 SCHEDULES: °Schedules" shall mean the various schedules attached to this Agreement and referred to as follows: Schedule A—Consultant Service Order(Scope of Services). Schedule B_Consultant Compensation. Schedule C—Consultant Hourly Billing Rate Schedule. 7 AGREEMENT-ACOUSTIC .I 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 and/or 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 the City and kept in the 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 andlor retain only qualified duly licensed certified personnel to provide same. 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 City 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 3.1 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; 13 AGREEMENT-ACOUSTIC . r 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 Upon 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 derision 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 DOCUMENTS 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 the City shall first be granted a thirty (30) day cure period (commencing upon receipt of Consultant's 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 r r 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 25 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 , IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk on the day and year first hereinabove written. Attest CITY OF MIAMI BEACH: itj . i , _ ...mufti's,4/1//7 e i .d CITY CLERK t�� 0`,. ...L7 :1' �-s R ,''�''' `' * i INCORP ORtddi4SU ANT: Edward Dugger+ Associates, PA Attest 4i'1� .. \CH 26 A A i . L.1 All _1, 12A ----i11.. 4.... rilisrolf(2„.. Signature - Signature _GM I-L4 4 4 12g E- 2 Co UVSU L-TAA/T .2 / , (421`. Print Name/Title Print Name/Title APPROVED AS TO FORM &LANGUAGE AV '4I*° &FOR EXECUTION /w •rney ate 29 AGREEMENT-ACOUSTIC f 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 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. 33 AGREEMENT-ACOUSTIC . SCHEDULE B CONSULTANT COMPENSATION AGREEMENT BETWEEN CITY OF MIAMI BEACH AND EDWARD DUGGER+ ASSOCIATES, PA FOR Noise, Acoustic, andlor 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 Client#:11289 DUGGEDW3 A CORDIM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/10/2012 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: Suncoast Insurance,a div.of USI (NHCC,N o,Ext):813 289-5200 /c,No): 813 2894561 P.O.Box 22668 E-MAIL ADDRESS: Tampa,FL 33622-2668 PRODUCER 813 289-5200 CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE _NAIC# INSURED INSURER A:Old Dominion Insurance Company 40231 Edward Dugger&Associates PA Travelers Casualty&Surety Co 31194 INSURER B: y y 4490 SW Long Bay Dr. INSURER C:XL Specialty Insurance Company 37885 Palm City,FL 34990 • 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, • EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR INSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY X BPG3057B 01/25/2012 01/25/2013!EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PR S(RENTED PREEMIMI E SES(Ea occurrence) $50,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY PRO- JECT LOG $ A AUTOMOBILE LIABILITY X BPG3057B 01/25/2012 01/25/201j COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) X NON-OWNED AUTOS $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE _ $ RETENTION $ $ B WORKERS COMPENSATION UB5663Y51010 01/02/2012 01/02/201J X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVEY/N E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 C Professional DPS9686583 09/12/2011 09/12/2012 $1,000,000 per claim Liability $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Project:RFQ No.42-09/10 for Noise,Acoustic,and/or Sound Services.The Certificate Holder is Additional Insured as respects the General Liability and Automobile Liability ATIMA where required by a written contract.Professional Liability is written on a claims made and reported basis. 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 Drive ACCORDANCE WITH THE POLICY PROVISIONS. Miami Beach,FL 33139 AUTHORIZED REPRESENTATIVE 01988-2009 ACORD CORPORATION.All rights reserved. ACORD 25(2009/09) 1 of 1 The ACORD name and logo are registered marks of ACORD #S406289/M360396 LWA RESOLUTION NO 2010-27546 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY_ MANAGER PERTAINING TO THE RANKING OF ARCHITECTURAL AND ENGINEERING FIRMS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 42-09/10, FOR NOISE, ACOUSTIC, AND/OR SOUND SERVICES, ON AN "AS-NEEDED BASIS", FOR PROJECTS IN WHICH THE BASIC CONSTRUCTION COST DOES NOT EXCEED $2 MILLION OR FOR STUDY ACTIVITIES WHEN THE FEE FOR SUCH PROFESSIONAL. SERVICES DOES NOT EX CEED $200,000; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS WITH THE SIX (6) TOP-RANKED PROPOSERS: SIEBEN ASSOCIATES, INC ARPEGGIO ACOUSTIC CONSULTANT, LLC, THE AUDIO BUG, INC, LANGAN ENGINEERING AND ENVIRONMENTAL SERVICES, INC, EDWARD DUGGER +ASSOCIATES, P.A., AND KINSELLA-MARSH GROUP;INC. WHEREAS, on July 14, 2010, the Mayor and City Commission approved the issuance of Request for Qualifications (RFQ) No 42-09/10, for Noise, Acoustic, and/or Sound Services on an "as-ne eded basis"" bass for the review of projects being reviewed by the P 1 9 Y City's Planning Department staff and the City's Land Use Review Boards. (the"RFQ"); and WHEREAS, the RFQ was issued on July 19, 2010, with an opening date of August 18, 2010; and • WHEREAS, a pre-proposal conference to provide information to the proposers submitting a response was held on July 28, 2010;and WHEREAS, BidNet issued bid notices to 44 prospective proposers, BidSync (formerly known as RFP Depot) issued bid notices to 19 prospective proposers, and 14 proposers were notified via mail, e-mail, which resulted in the receipt of eight (8) proposals; and WHEREAS, on September 30, 2010, the City Manager via Letter to Commission (LTC) No 260-2010, appointed an Evaluation Committee ("the Committee")consisting of the following individuals: • Morris Sunshine; Resident and Beach Preservation Committee member; • Jo Manning, Resident and Historic Preservation Board member; • Michael Belush, Senior Planner; • Jose Alberto, Code Compliance Administrator; • Frank Fiorentino, Resident, Vice President of 1500 Ocean Drive Condominium; Association and Board of Directors of the North Ocean Drive Area Resident; Association; • Dwight Kraai, Leadership Academy Graduate and CIP Oversight Committee member;. • Wendy Kallergis, President of Greater Miami and the Beaches Hotel Association; and WHEREAS, resident and Historic Preservation Committee member, Jo Manning, was unable to participate therefore, resident, Matthew Leibowitz, was appointed to the Committee to replace Ms. Manning; and WHEREAS, the Committee convened on October 27, 2010, and a quorum was attained. The Committee was provided with general information on the scope of services, Performance Evaluation Surveys and additional pertinent information from all responsive proposers; and WHEREAS, the Committee discussed their individual perceptions of the proposer's qualifications, experience, and competence, and further ranked the proposers accordingly; and WHEREAS, a motion was presented by Dwight Kraai, seconded by Jose Alberto and unanimously approved by all Committee members to recommend entering into negotiations with the top three (3) ranked proposers: Sieben Associates, Inc; Arpeggio Acoustic Consulting, LLC, and The Audio Bug, Inc; and WHEREAS, after considering the review and recommendation of the Evaluation Committee, the City Manager exercised his due diligence and carefully considered the specifics of this RFQ process. As a result, the City Manager recommends to the Mayor and City Commission that the City enter into negotiations with the six (6) top-ranked proposers: Sieben Associates, Inc, Arpeggio Acoustic Consultant, LLC, The Audio Bug, Inc, Langan Engineering and Environmental Services, Inc, Edward Dugger + Associates, P.A., and Kinsella-Marsh Group, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Request for Qualifications (RFQ) No. 42-09/10, for Noise, Acoustic, and/or Sound Services , on an "as-needed basis" for projects in which basic construction costs do not exceed $2 Million or for study activities when the fee for such professional service does not exceed $200,000; Authorizing the Administration to enter into .negotiations with the six (6) top-ranked proposers: Sieben Associates, Inc, Arpeggio Acoustic Consultant, LLC, The Audio Bug, Inc, Langan Engineering and Environmental Services, Inc, Edward Dugger + Associates, P.A., and Kinsella-Marsh Group, Inc.; and further authorizing the Mayor and City Clerk to execute agreements upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED THIS 1-7+k DAY OF nov-ewlettY2010. ATTEST: rA L/u (AAA S/ pakse.A., / "My k4r,_ CITY CLERK M • OR T:IAGENDA120101November 171ConsentlRFQ 42-09-10-Noise,Acoustic,and Sound Services -RESO.doc APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION �r/� ;"omelf§6 Date LUMMISSION I I LM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The City Manager, Pursuant To Request For Qualifications(RFQ)No.42-09/10,For Noise, Acoustic, And/Or Sound Services, On An "As-Needed Basis", For Projects In Which The Basic Construction Cost Does Not Exceed$2 Million or For Study Activities When The Feed For Such Professional Services Does Not Exceed$200,000;Authorizing The Mayor and City Clerk To Execute Professional Services Agreements Upon Completion Of Successful Negotiations With The Six(6)Top-Ranked Proposers:Sieben Associates, Inc, Arpeggio Acoustic Consultant, LLC, The Audio Bug, Inc, Langan Engineering And Environmental Services, Inc, Edward Dugger+Associates, P.A.,and Kinsella-Marsh Group, Inc. Key Intended Outcome Supported: Maintain strong growth management policies Supporting Data (Surveys, Environmental Scan, etc.): Nearly half of all residential respondents,47.6%,suggested the effort put forth by the City to regulate development is"about the right amount." • Issue: I Shall the Mayor and City Commission Adopt The Resolution? Item Summary/Recommendation: On July 14,2010,the Mayor and City Commission approved the issuance of Request for Qualifications(RFQ) No.42-09/10,for Noise,Acoustic,and/or Sound Consulting Services on an"as-needed basis"forthe review of projects being reviewed by the City's Planning Department staff and the City's Land Use Review Boards.tt is the intent of the Administration to use the RFQ process to select firms who are qualified to provide noise, acoustic,and/or sound services. The price and terms for the contracts will be negotiated after City Commission approves authorization to negotiate. Each proposed contract shall be for a two(2)year term,with two(2)one-year renewal options at the City's option. RFQ No. 42-09/10 was issued on July 19,2010,with an opening date of August 18,2010.A pre-proposal conference to provide information to the proposers submitting a response was held on July 28,2010.BidNet issued bid notices to 44 prospective proposers,BidSync(formerly known as RFP Depot)issued bid notices to 19 prospective proposers, and 14 proposers were notified via mail, e-mail,which resulted in the receipt of eight(8)proposals. On September 30, 2010, the City Manager via Letter to Commission (LTC) No. 260-2010, appointed an Evaluation Committee("the Committee"). The Committee convened on October 27,2010,to discuss their individual perceptions of the proposer's qualifications,experience,and competence,and further ranked the proposers accordingly.The Administration recommends entering into negotiations with the six(6)top-ranked proposers; Sieben Associates, Inc, Arpeggio Acoustic Consultant, LLC, The Audio Bug, Inc, Langan Engineering and Environmental Services,Inc,Edward Dugger+Associates,P.A.,and Kinsella-Marsh Group, Inc. APPROVE THE RESOLUTION. Advisory Board Recommendation: I I Financial Information: Source of Amount Mcount Funds: 2_:. OBPI Total::: Financial Impact Summary: City Clerk's Office Legislative Tracking: Gus Lopez, Ext.6641 Sign-Offs: , Dep men.t.Diirector? Assistant:City.Mat a er C.ity:::Manager• GL RL JGG .r+ • PDW JMG ,1 {ir T:IAGEND 0101Noeember 171ConsentlRFQ 42-09-10 Noise,Acoustic,Sound Services-Summary.doc /XI MIAMIBEACH AGENDA tTITEM C . DAVE I� I 7-'0 MIAMIBEACH• City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager 4r ' DATE: November 17, 2010. SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF ARCHITECTURAL AND ENGINEERING FIRMS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 42-09/10, FOR NOISE, ACOUSTIC, SERVICES,AND/OR SOUND SERVICES ON AN "AS-NEEDED BASIS", FOR PROJECTS IN WHICH THE BASIC CONSTRUCTION COST DOES NOT EXCEED $2 MILLION OR FOR STUDY ACTIVITIES WHEN THE V FEE FOR SUCH PROFESSIONAL SERVICES DOES NOT EXCEED $200,000; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS UPON COMPLETION OF SUCCESSFUL NEGOTIATIONS WITH THE SIX (6) TOP-RANKED PROPOSERS: SIEBEN ASSOCIATES, INC ARPEGGIO ACOUSTIC CONSULTANT, LLC, THE AUDIO BUG, INC, LANGAN ENGINEERING AND ENVIRONMENTAL SERVICES, INC, EDWARD DUGGER + ASSOCIATES, P.A., AND KINSELLA-MARSH GROUP, INC. ADMINISTRATION RECOMMENDATION Adopt the Resolution. FUNDING Funds are available from the professional services budget accounts allocated to some City Departments, subject to the review of the Office of Budget and Performance Improvement (OBPI). Funding for most studies under this RFP will be paid for by applicants to the City's V land use boards. KEY INTENDED OUTCOME SUPPORTED Maintain strong growth management policies. ANALYSIS In accordance with Section 287.055, Florida Statutes, known as the "Consultants' Competitive Negotiation Act", the City may enter into a "continuing contract" for professional architectural and engineering services for projects in which construction costs do not exceed $2 Million or for study activities for which the fee does not exceed $200,000. . The City may request, accept, and consider proposals for the compensation to be paid under the contract only during competitive negotiations, which will take place after the selection of the firms deemed to be the most qualified to perform the required services. If the City is not Commission Memorandum—RFQ#042-09-10 For Noise, Acoustic, and/or Sound services on an "as- needed basis November 17, 2010 • Page 2 able to negotiate a mutually satisfactory compensation schedule with the top-ranked firms which is determined to be fair, competitive and reasonable, additional firms in the order of their competence and qualifications may be selected, and negotiations may continue until an agreement is reached. It is the intent of the Administration to use the RFQ process to select firms who are qualified to provide noise, acoustic, and/or sound services. On July 14, 2010, the Mayor and City Commission approved the issuance of Request for Qualifications (RFQ) No. 42-09/10, for Noise, 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. The price and terms for the contracts will be negotiated after City Commission approves authorization to negotiate. Each proposed contract shall be for a two (2) year term, with two (2) one-year renewal options at the City's option. Under these Agreements, study activities are quoted as a lump sum based on the estimated hours to complete the project. Detailed hourly rates will be negotiated for all personnel classifications for the firms. SCOPE OF SERVICES The following services define, but do not limit the scope of work to be provided by the selected firms pursuant to this RFQ selection process: • Prepare technical noise/acoustic assessment studies/reports, for use by the City's Planning Department staff and the City's land use review boards, reviewing selected development proposals before the subject boards. • Review selected applicant submitted technical noise/acoustic assessment studies/reports, and prepare reports for use by the City's Planning Department staff and the City's land use review boards, analyzing the subject applicant submitted reports for accuracy and correctness. The above studies will require the staff resources, degree of specialization, and equipment availability that can be provided by specialized consulting firms. RFQ PROCESS RFQ No. 42-09/10 was issued on July 19, 2010, with an opening date of August 18, 2010. A pre-proposal conference to provide information to the proposers submitting a response was held on July 28, 2010. BidNet issued bid notices to 44 prospective proposers, BidSync (formerly known as RFP Depot) issued bid notices to 19 prospective proposers, and 14 proposers were notified via mail, e-mail, which resulted in the receipt of the following eight (8) proposals: 7 e Commission Memorandum—RFQ#042-09-10 For Noise,Acoustic, and/or Sound services on an"as- needed basis . November 17, 2010 • Page 3 1. Edward Dugger+Associates, P.A. 2. Arpegio Acoustic Consultant, LLC 3. The Audio Bug, Inc 4. Gannett Fleming, Inc 5. Quest Engineering Services &Testing, Inc 6. Kinsella-Marsh Group, Inc 7. Sieben Associates, Inc 8. Langan Engineering and Environmental Services, Inc On. September 30, 2010, the City Manager via Letter to Commission (LTC) No. 260-2010, appointed an Evaluation Committee("the Committee") consisting of the following individuals: • • Morris Sunshine, Resident and Beach Preservation Committee member • • Jo Manning, Resident and Historic Preservation Board member • Michael Belush, Senior Planner • Jose Alberto, Code Compliance Administrator • Frank Fiorentino, Resident,Vice President of 1500 Ocean Drive Condominium Association and Board of Directors of the North Ocean Drive Area Resident Association. • Dwight Kraai, Leadership Academy Graduate and CIP Oversight Committee member • Wendy Kallergis, President of Greater Miami and the Beaches Hotel Association Resident and Historic Preservation Committee member, Jo Manning, was unable to participate therefore, resident, Matthew Leibowitz, was appointed to the Committee to replace Ms. Manning. • The Committee convened on October 27, 2010, and a quorum was attained. The Committee was provided with general information on the scope of.services, Performance Evaluation . Surveys and additional pertinent information from all responsive proposers. The following Evaluation Criteria was used to evaluate and rank the groups or individuals: A. The Firm's Qualifications and Experience in providing Noise, Acoustic, and/or Sound Consulting Services. (30 points) B. The Consultant's experience; (25 points) C. References provided by prior Project Owners; (15 points) D. Willingness to meet time and budget requirements as demonstrated by past performance;(5 points) . E. Certified minority business enterprise; (5 points). Either the Prime Consultant or the sub-Consultant team may qualify for proof of certification for minority business enterprise participation. Accepted minority business enterprise certifications include the Small Business Administration (SBA), State of Florida, or Miami-Dade County. F. Location; (5 points) . . G. Recent, current, and projected workloads of the firms; (5 points) H. Volume of work previously awarded to each firm by the agency, with the object; of effecting an equitable distribution of contracts among qualified firms; (10 points) The Committee discussed their individual perceptions of the proposer's qualifications, experience, and competence, and further ranked the proposers accordingly. F , . Commission Memorandum—RFQ#042-09-10 For Noise,Acoustic, a_nd/or Sound services on an"as- needed basis November 17, 2010 Page 4 A motion was presented by Dwight Kraai, seconded by Jose Alberto and unanimously ;y approved by all Committee members to recommend entering into negotiations with the top three (3) ranked proposers: Sieben Associates, Inc; Arpeggio Acoustic Consulting., LLC, and The Audio Bug, Inc. 4 [�V 4�.y1 ril AZT-13,V;060-liA. LA. E} �,, r ��` Dwight Y AGGREGATE � �� ;��,�' Morris Mathew Michael Jose Frank Dwi ht Wend ti Low -N a- N, 1 Sunshine Leibowitz Belush Alberto Fiorentino Kraai Kallergis 9`; TOTALS SIEBEIN ASSOCIATES,INC 87 (1) 75(1) 93 (1) 95(1) 91 (1) 96 (1) 90(1) K':`` 7(1). ���Y ARPEGGIO of ACOUSTIC y CONSULTANT, i _LLC 87 (1) 70(2) 81 (3) 76 (3) 87(2) 84 (4) 85 (2) 17(2) THE AUDIO BUG, ..: INC 80 (3) 60 (3) 84(2) 90 (2) , 78 (6) 78 (5) 83 (4) '; 25(3) LANGAN tl ENGINEERING rg AND ENVIRONMENTAL t _SERVICES,INC 68 (6) 42 (4) 74(4) 75(4) 78(6) 76 (6) 85 (2) 32•(4) EDWARD . DUGGER+ •: t ASSOCIATES,P.A. 73 (4) 10(5) 61 (6) 40(5) , 80(4) 86(3) 65 (7) ;. 34(5) KINSELLA- MARSH GROUP, ,o INC 69 (5) 5 (7) 67(5) 35(7) 82(3) 87(2) 65 (7) 36(6) QUEST M -i ENGINEERING ,. SERVICES& TESTING,INC 65 (7) 10 (6) 44(8) 36(6) 79(5) 75(7) 70 (5). r e 44(7) . ._ to GANNETT FLEMING,INC 60(8) 0 (8) 58 (7) 35 (7) 77 (8) 63(8) 70(5) •°,x' 5.1 (8) CITY MANAGER'S DUE DILIGENCE • As part of the City Manager's due diligence, feedback was requested from the Acting Planning Director, Richard Lorber. The Administration recommends entering into negotiations with the six (6) top-ranked proposers: Sieben.Associates, Inc, Arpeggio Acoustic Consultant, LLC, The Audio Bug, Inc, Langan Engineering and Environmental Services, Inc, Edward Dugger + Associates,.P.A., and Kinsella-Marsh Group, Inc. Although the. Evlauation committee did an excellent job at assessing the firms' qualifications and ranking the submittals, their decision to limit the recommendation to only the top three firms will restrict City staffs ability to quickly • commission expert studies when the need arises. The intention of the RFQ was to develop a list of approved firms that could be contracted with on "an as needed basis", ensuring easy availability of one or more qualified firms if the selected firm were either unavailable at a critical time, or had other conflicts which prevented staff from choosing them. Commission Memorandum—RFQ#042-09-10 For Noise, Acoustic, and/or Sound services on an"as- needed basis November 17, 2010 Page 5 Once the consultant contracts are in place, Planning Department staff will be able to choose firms on an as needed basis, either according to the firm's areas of specialization, on a rotating basis, or based upon availability or a combination of the above. By using several different firms, the appearance of a "preferred" firm will be avoided. Staff will monitor the process for the duration of the initial contracts, and then make recommendations on whether additional changes to the process are warranted. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accepts the recommendation of the City Manager pertaining to the ranking of proposals pursuant to Request for Qualifications (RFQ) No. 42-09/10, for Noise, Acoustic, and/or Sound Services , on an "as-needed basis"for projects in which basic construction costs do not exceed $2 Million or for study activities when the fee for such professional service does not exceed $200,000; Authorizing the Administration to enter into negotiations with the six (6) • top-ranked proposers: Sieben Associates, Inc, Arpeggio Acoustic Consultant, LLC, The Audio Bug, Inc, Langan Engineering and Environmental Services, Inc, Edward Dugger + Associates, P.A., and Kinsella-Marsh Group, Inc.; and further authorizing the Mayor and City Clerk to execute agreements upon conclusion of successful negotiations by the Administration. T:\AGENDA\20101November 171Consent\RFQ-42-09-10-Noise,Acoustic and Sound Services- Memo.doc • y a EDWARD DUGGER + ASSOCIATES , P . A . sr, Consultants in Architectural Acoustics .1.1A M e c h a n i c a l / V i b r a t i o n N o i s e C o n t r o l a n d Audio / Video / IT Systems TRANSMITTAL Date: 16 August 2010 To: City of Miami Beach City Hall Procurement Division —Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 From: Edward Dugger, AIA ASA NCAC Re: Request for Qualification (RFQ) No. 42-09/10— Submittal by ED+A FOR NOISE, 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. Number of pages included with this sheet: 10 sets @ 28 pages per set ❑ URGENT X FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ FOR DISTRIBUTION Please find attached ten sets of the RFQ No. 42-09/10 submittal by Edward Dugger+ Associates, PA (ED+A) based on the following page Table of Contents: 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772) 221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 page 1 , on EDWARD DUGGER + ASSOCIATES , P . A . �1 Consultants in Architectural Acoustics L M e c h a n i c a l / V i b r a t i o n N o i s e C o n t r o l a n d Audio / Video / IT Systems Table of Contents INTRODUCTION LETTER 3 FIRM QUALIFICATIONS AND EXPERIENCE 3 CONSULTANT'S EXPERIENCE 3 REFERENCES 4 WILLINGNESS TO MEET TIME AND BUDGET REQUIREMENTS 4 MINORITY BUSINESS STATEMENT 4 LOCATION 4 WORKLOAD 5 INSURANCE CHECK LIST 6 ACKNOWLEDGMENT OF ADDENDA 7 DECLARATION 8 SWORN STATEMENT UNDER SECTION 287.133(3)(a), 9 PROPOSER INFORMATION 12 QUESTIONNAIRE 13 APPENDIX A - PROJECTS LIST 17 APPENDIX B - RESUME for Edward Dugger 22 APPENDIX B — RESUME for Richard Lee 23 APPENDIX C - REFERENCES 24 APPENDIX D — CERTIFICATE OF INSURANCE 26 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772) 221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 page 2 I i EDWARD DUGGER + ASSOCIATES , P . A . 2 Consultants in Architectural Acoustics AMechanical / Vibration Noise Control and Audio / Video / IT Systems INTRODUCTION LETTER 18 August 2010 City of Miami Beach City Hall Procurement Division —Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 Re: Request for Qualification (RFQ) No. 42-09/10 Dear City of Miami Beach; We have read the RFQ and offer the following summary of our firm, work experience, work load, and offer our interest in working with the City of Miami Beach as a resource in Acoustics for their future projects. FIRM QUALIFICATIONS AND EXPERIENCE Edward Dugger + Associates, PA (ED+A) is an independently owned Acoustical Consulting firm registered in the State of Florida under the Department of Professional Regulation and has operated for eight years. To date we have completed over 300 projects of varying sizes. Our firm currently employs four full- time persons with one to three part-time sub-contractors. The majority of our work has involved the review, design, and implementation of acoustically sensitive projects throughout Florida, most of which derives from the Miami-Dade, Broward, and Palm Beach Counties, and we typically travel to these locations weekly. We have listed several of our recent projects in APPENDIX A, at the back of this document to better explain our project qualifications experience. CONSULTANT'S EXPERIENCE We suggest that Edward Dugger and Richard Lee be assigned to the Miami Beach's projects since we both have architectural training and have submitted projects to local governments for review and approval. We believe this experience in working with a City, Developer, and Contractor to be very helpful in this type of work. Edward Dugger holds his Architectural License and Registration while Richard is currently 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772) 221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 page 3 EDWARD DUGGER + ASSOCIATES , P . A . 17 Consultants in Architectural Acoustics 4•P Mechanical / Vibration Noise Control and Audio / Video / IT Systems sitting for his Architectural Exams for licensing purposes. We are experienced in understanding Design Submittals, Planning/Zoning Regulations, and can prepare graphic sketches/drawings and PowerPoint presentations. We also are constantly involved with projects with significant emphasis in Acoustic Measurements for both Natural Acoustic and Amplified Acoustic environments. In addition, we design large scale AudioNideo Systems and understand the technical requirements, which is important with the type of projects the City of Miami Beach will be involved with. Both key personnel's resumes are attached at the end of this document in APPENDIX B. REFERENCES A list of ten references with their contact information has been assembled for you to contact directly. The list is in APPENDIX C. Additionally, we have contacted many of the same people and had them complete and submit the "Performance Evaluation Survey" which was to be submitted directly to the City of Miami, which I believe most have at this time. • WILLINGNESS TO MEET TIME AND BUDGET REQUIREMENTS We consistently strive to meet the demands of our clients in terms of both their timelines and budgets. To our knowledge we have never held up a project in either the design or construction phases. Again, our references list may be the best testament to our work ethics and capabilities. MINORITY BUSINESS STATEMENT We do not hold any Minority Business status except with the Federal Government as a Small Business. LOCATION Our firm is located in the Palm City area. Our mailing address is listed in Palm City. At the end of the month we are relocating our offices to Stuart Florida. Our office will • be approximately 100 miles from the City of Miami Beach. Since a large percentage of our business is not local to our office we are constantly traveling to projects throughout the State and Country. For example, we have been traveling to the New World Symphony project (across the street from the Miami Beach City Hall) every Thursday for over a year now and will continue this effort for the coming months. We consider work in Miami Beach and South Florida a normal project for our firm. • 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772) 221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 page 4 EDWARD DUGGER + ASSOCIATES , P . A . So 17 Consultants in Architectural Acoustics Mechanical / Vibration Noise Control and Audio / Video / IT Systems WORKLOAD Currently ED+A is fortunate to enjoy a healthy project workload. We have recently added a new employee and expect our growth to continue. Likewise, we do not have any reservations in saying we can handle the expect workload created by the City of Miami Beach's Planning Department for the coming years. VOLUME OF WORK We do not currently have any projects directly with the City of Miami Beach. Several of the required submittal documents are attached and follow this letter. Please let us know if you have any other questions. We will be glad to answer them via email, telephone, or personal meeting. Thank you for the opportunity to submit our interest for this interesting and important project. With Kind Regards, Edward Dugger, AIA ASA NCAC 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772) 221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 page 5 EDWARD DUGGER + ASSOCIATES , P . A . r7Consultants in Architectural Acoustics aziamenalissilI 446.A Mechanical / Vibration Noise Control and Audio / Video / IT Systems INSURANCE CHECK LIST NOTE A COPY OF OUR CERTIFICATE OF INSURANCE IS ATTACHED TO THE END OF THIS DOCUMENT IN APPENDIX D. 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- $ (See attached/Appendix D) 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: XXX Professional Liability $ 300,000 .00 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. Edward Dugger • Vendor Signature of Vendor 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772) 221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 page 6 EDWARD DUGGER + ASSOCIATES , P . A . So 12 Consultants in Architectural Acoustics i Mechanical / Vibration Noise Control and Audio / Video / IT Systems ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFQ: 42-09/10. Addendum No. 1, Dated 11 August 2010 (received undated document via email Addendum No. 2, Dated Part II: No addendum was received in connection with this RFQ. Verified with Procurement staff Name of staff Date Edward Dugger + Associates, PA August 16, 2010 (Contractor Name) Date (Signature) 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772) 221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 page 7 EDWARD DUGGER + ASSOCIATES , P . A . ferpConsultants in Architectural Acoustics Mechanical / Vibration Noise Control and Audio / Video / IT Systems DECLARATION TO: City of Miami Beach City Hall 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 Submitted this 18 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 response 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. 42-09/10. aefiene".., SIGNATURE Edward Dugger PRINTED NAME • Edward Dugger + Associates, PA TITLE (IF CORPORATION) 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772) 221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 page 8 EDWARD DUGGER + ASSOCIATES , P . A .12 . Consultants in Architectural Acoustics dearssar 4AMechanical / Vibration Noise Control and Audio / Video / IT Systems 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 The City of Miami Beach, Florida By Edward Dugger, principal For Edward Dugger+Associates, PA, Consultants in Architectural Acoustics Whose business address is 4490 SW Long Bay Drive, Palm City, FL 34990 and (if applicable) its Federal Employer Identification Number(FEIN) is 51-0450778 (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 July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of 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. 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772) 221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 page 9 EDWARD DUGGER + ASSOCIATES , P . A . IS 12 Consultants in Architectural Acoustics M e c h a n i c a l / V i b r a t i o n N o i s e C o n t r o l a n d Audio / Video / IT Systems 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.] X 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] 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772) 221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 page 10 EDWARD DUGGER + ASSOCIATES , P . A . Consultants in Architectural Acoustics L w M e c h a n i c a l / V i b r a t i o n N o i s e C o n t r o l a n d °�/� Audio / Video / IT Systems 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. ( `1/ Signature Sworn Sworn to and subscribed before me this day of �� �1�� o 0 i t 9 j-i < , 2010 Personally known OR Produced identification /41A- Notary Public- State of / My commission expires -7/i/6-/6-/ (Type of Identification) (Printed typed or stamped Commissioned name 5/Notary P blic) i MATTHEW S.MILLER ala-1A% . Notary Public,State of Florida Commisaion#EE 9730 y comet.explre8 July 138 2014; 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772)221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 page 11 EDWARD DUGGER + ASSOCIATES , P . A . So 1:7 Consultants in Architectural Acoustics .1.°A Mechanical / Vibration Noise Control and Audio / Video / IT Systems PROPOSER INFORMATION Submitted by: Edward Dugger Proposer (Entity): Edward Dugger+ Associates, PA Signature: Name (Printed): Edward Dugger Address: 4490 SW Long Bay Drive City/State: Palm City, FL 34990 Telephone: 772-286-8351 Fax: 772-220-1960 E-mail: Edward(c�edplusa.com or Jackie @edplusa.com Federal I D# 51-0450778 CONSULTANTS proposed by for RFQ#42-09/10: Edward Dugger+ Associates, PA 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. CC 16 August 2010 (Authorized Signature) (Date) Edward Dugger (Printed Name) 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772) 221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 page 12 EDWARD DUGGER + ASSOCIATES , P . A . S12Consultants in Architectural Acoustics M e c h a n i c a l / V i b r a t i o n N o i s e C o n t r o l a n d Audio / Video / IT Systems QUESTIONNAIRE Contractor's Name: Edward Dugger + Associates, PA Principal Office Address: 4490 SW Long Bay Drive Palm City, FL 34990 Official Representative: Edward Dugger Individual Partnership X Corporation If a Corporation, answer this: When Incorporated: 2003 In what State: Florida • 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: 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772) 221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 page 13 EDWARD DUGGER + ASSOCIATES , P . A . �� Consultants in Architectural Acoustics 44% Mechanical / Vibration Noise Control and Audio / Video / IT Systems Questionnaire (Continued) If a Partnership: Date of organization: General or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating NE business: 30 2. Have any agreements held by Contractor for a project ever been canceled? Yes () No (X) 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? If yes, please explain: 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772) 221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 page 14 EDWARD DUGGER + ASSOCIATES , P . A . Sio � Consultants in Architectural Acoustics 4AMechanical / Vibration Noise Control and Audio / Video / IT Systems 4. Has the Contractor or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes ( ) No (X) If yes, give date, court jurisdiction, action taken, and any other explanation deemed • necessary on a separate sheet. 5. Person or persons interested in this bid and Qualification Form have ( ) have not (X) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: NONE B. List all judgments from lawsuits in the last five (5) years: NONE C. List any criminal violations and/or convictions of the Contractor and/or any of its principals: NONE 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this proposal: (If none, state same.) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Contractor and/or individuals and entities comprising or representing such Contractor , and in an attempt to ensure full and complete disclosure regarding this contract, all Contractor s are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of proposals. 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772) 221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 page 15 1 [ EDWARD DUGGER + ASSOCIATES , P . A . S' Consultants in Architectural Acoustics argrassar 44.°A M e c h a n i c a l / V i b r a t i o n N o i s e C o n t r o l a n d Audio / Video / IT Systems 9. Are there any pending discussions relative to mergers, acquisitions, partnerships, or assignment of contract? 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 CORPORATION: 41(11.1'416'41 Edward.Dugger+ Associates, PA Signature Print Name of Corporation Edward Dugger 4490 SW Long Bay Drive, Palm City, FL 34990 Print Name Address By: Edward Dugger, President (CORPORATE SEAL) • Attest{ \ • L 1 ----- 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772) 221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 page 16 EDWARD DUGGER + ASSOCIATES , P . A . Consultants in Architectural Acoustics t__; Mechanical / Vibration Noise Control and Audio / Video / IT Systems APPENDIX A - PROJECTS LIST Florida International University— The Wolfsonian Museum - - Miami Beach, FL (Completed 2009) Located in Miami's Art Deco district, this eye- Mt-"t catching building holds art and design '` collections from North America and Europe, ` y ; many of which date back to 1885. Acoustical E r _ , consulting services and sound measurement studies were provided for the museum and lobby areas. _ 4 rr Client:Fl U—The Wolfsonian Max Planck Florida Institute - FAU Jupiter, FL (Est. Completion 2012) The first Max Planck research institute to be built outside Germany, this new 108,147 sq.ft. medical research facility includes laboratories, f i - support spaces and a 100-seat auditorium. _- :. Scheduled to open in 2012, ED+A holds ; ' , . `' responsibility for room acoustics, mechanical noise &vibration control, IT, and audio/video system design. Architect:ZGF Architects, Washington DC Architect:PGAL, Boca Raton, FL New World Symphony Miami Beach, FL (Est. Completion 2010) In collaboration with Nagata Acoustics America, ti Ed+A will confirm elements of the architectural design and noise control strategies for this — $80,000,000 educational facility. Serving as the heart of a 107,000 sq.ft. campus, are a 690+ seat concert hall, recording studio, rooftop digital music library, conductor's studio, artist's suites, and numerous rehearsal rooms. Architect:Gehry Partners, Los Angeles, CA 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772)286-8351 www.edplusa.com f: (772)221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 page 17 EDWARD DUGGER + ASSOCIATES , P . A . •S� Consultants in Architectural Acoustics .1°.A Mechanical / Vibration Noise Control and Audio / Video / IT Systems Performing Arts Aventura Arts & Cultural Center, Aventura, FL Caribbean Cultural Arts Center, Miami, FL Carver Theatre, Orlando, FL Century Village Auditorium/Theatre Renovation, Deerfield Beach, FL Dance Space New Amsterdam, New York, NY Delray Beach Children's Theatre, Delray Beach, FL Florida Atlantic University, University Center Auditorium Renovation, Boca Raton, FL Gulfshore Playhouse, Estero, FL Hardman Auditorium - Renovation, Lake Wales, FL Kravis Center,West Palm Beach, FL Lyric Theatre Renovations and Additions, Stuart, FL Maltz Jupiter Theatre, Jupiter, FL Miami Gardens Community Center Amphitheatre, Miami Gardens, FL Mizner Park Music Hall— Phase 3 Development, Boca Raton, FL Mizner Park Studio Theatre, Boca Raton, FL New World Symphony, Miami Beach, FL Nova SE— Performance Visual Arts, Dania, FL Old Vero Beach Theatre, Vero Beach, FL Palm Beach Drama Works,West Palm Beach, FL Riverside Theatre Renovation and Addition, Vero Beach, FL Schmidt Family Foundation—Center for the Arts, Boca Raton, FL Sunrise Theatre— Black Box, Ft. Pierce, FL Tampa Theatre - Renovation, Tampa, FL Academic (K-12) Alonzo &Tracy Mourning High School, Miami Dade Public School District(LEED), Miami, FL Boynton Beach Academy High School, Boynton Beach, FL Brevard County School Board, Elementary School, Viera, FL CCC1 High School, Miami-Dade Public School District, Miami, FL Calvary Chapel Christian Education Building Studies, Fort Lauderdale, FL Coral Springs Fine Arts Wing, Coral Springs, FL Devon Aire K-8 Music/Arts Center, Miami-Dade County Public Schools, Miami, FL Edgewood Senior High School, Brevard County, FL Golden Gate High School - Band Room—Collier Co. School Board, Naples, FL HHH High School, Lee County, FL JJJ High School, Miami-Dade Public School District, Miami, FL Jupiter Middle School Prototype Music Labs DDC, Jupiter, FL LLL High School, Miami-Dade Public School District, Miami, FL Madie Ives Middle School, Miami-Dade Public School District, Miami, FL Marathon High School, Marathon, FL Miami-Dade Public School District Arts and Music Prototype Schools (LEED), Miami, FL Miami Lakes ESE Classrooms, Miami-Dade Public School District(LEED), Miami, FL North Miami Senior High School Additions (BBB1) (LEED), Miami, FL 03W Elementary School—(LEED Study) SDPBC, FL 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772) 221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 page 18 • EDWARD DUGGER + ASSOCIATES , P . A . �t2 Consultants in Architectural Acoustics 4AMechanical / Vibration Noise Control and Audio / Video / IT Systems OCPS Lake Nona Middle School, Lake Nona, FL Palm Beach Central High School—Choral Room Acoustics Study, FL Palm Beach Gardens High School (LEED), Palm Beach Gardens, FL Pine Crest Academy Auditorium Replacement, Boca Raton, FL Santaluces High School Recording Studio, Lantana, FL Suncoast High School, West Palm Beach, FL Wellington Elementary School, Wellington, FL Winston Park Music Lab, Miami-Dade Public School District, Miami, FL Higher Education FL Atlantic University- General Classroom & Multimedia Theatres, Boca Raton, FL FL Atlantic University- Liberal Arts Classrooms, Davie, FL FL Atlantic University- IVA Isolation Study, Boca Raton, FL FL Atlantic University- Music School Improvements, Boca Raton, FL • FL International University-Wolfsonian Museum, Lobby&Theatre Renovation, Miami Beach, FL Harbor Branch Oceanographic Institute, Vero Beach, FL Max Planck Florida Institute, FAU, Jupiter, FL Miami-Dade College Wolfson Culinary Arts 9000, Miami, FL New World Symphony, Miami, FL Nova SE University Arena, Miami, FL Nova SE University Museum Auditorium, Ft. Lauderdale, FL Oratory at Ave Maria University, Ave Maria, FL South Florida Community College, Avon Park, FL SUNY Old Westbury Academic Village, New York, New York University of Central Florida-Teaching Studios& Recital Hall, Orlando, FL Worship 12`h Street Baptist Church, Gadsden, FL Borland Center, Palm Beach Community Church, Palm Beach Gardens, FL Calvary Jupiter New Sanctuary, Jupiter, FL Coral Ridge Presbyterian Church, Ft. Lauderdale, FL Crossroads Church, Newnan, GA Good Shepherd Episcopal Church, Tequesta, FL First Baptist Church, Stuart, FL First Presbyterian Church Enrichment Center, Boca Raton, FL First Presbyterian Church, Lake Wales, FL Hendricks Avenue Baptist Church, Jacksonville, FL Jacksonville First Presbyterian Church, Jacksonville, FL Holy Cross Catholic Church, Vero Beach, FL Mariner Sound Chapel, Stuart, FL Miami Methodist Church, Miami, FL New Life Tabernacle, Tampa, FL Northland Church, Longwood, FL Palm City Presbyterian Church Family Life Center, Palm City, FL Parkway Baptist Church, Miami Beach, FL 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772) 221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 page 19 EDWARD DUGGER + ASSOCIATES , P . A . r2Consultants in Architectural Acoustics �� M e c h a n i c a l / V i b r a t i o n N o i s e C o n t r o l a n d Audio /Video / IT Systems Pembroke Park Church of Christ, Pembroke Pines, FL Stuart First United Methodist Church, Stuart, FL Summit Church, Estero, FL Resurrection Life-Family Worship Center, Fort Pierce, FL Temple Beth Elohim Southeast, New York, NY Government Charles Pinckney Historic Site, Sullivan's Island, SC (National Parks) Federal Reserve Bank of Atlanta— Money Museum, Miami, FL Fort Moultrie, Sullivan's Island, SC (National Parks) Ft. Lauderdale International Airport—Terminal 4, Ft. Lauderdale, FL General Masters Suites Broward County Courthouse, Fort Lauderdale, FL GSA Bankruptcy Courtrooms,West Palm Beach, FL GSA New South Florida Federal Building, Miramar, FL Indian River County Government Center, FL Miami International Airport South Terminal Expansion, Miami, FL St. Thomas Courthouse, Virgin Islands Upper Keys Government Center, Key Largo, FL City Center— Council Chambers, West Palm Beach, FL Museums & Libraries • 41st Street Art Space, Miami, FL American Museum of Natural History, Graduate & Post Graduate Wing, New York, NY Cummer Museum— Renovations, Jacksonville, FL Delray Beach Public Library, Delray Beach, FL Poets House, Battery Park City, New York, NY Medical Institutions/Healthcare Hollywood Memorial Hospital - Generator Noise Study, Hollywood, FL Hollywood Memorial Hospital -Operating Room Vibration Study, Hollywood, FL Joe DiMaggio Children's Hospital, Hollywood, FL Memorial West Hospital Central Energy Plant, Pembroke, FL NICU Memorial Hospital— Fire Alarm Study, Hollywood, FL Pritiken Longevity Center& Spa, Miami, FL Broadcast Studios ABC Bureau, London, United Kingdom Miami Dade College Culinary Arts Building, Miami, FL New World Symphony, Miami, FL Regent University Video Production Teaching Facility, Virginia Beach, FL Seminole Tribe of Florida—Video Production Facility, Hollywood, FL Veteran's Hospital, St. Louis, MO 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772)221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 page 20 EDWARD DUGGER + ASSOCIATES , P . A . sr? Consultants in Architectural Acoustics 44 Mechanical / Vibration Noise Control and Audio / Video / IT Systems Other AcoustikTM for Dura International, Quebec, Canada Addison Reserve Golf Clubhouse, Delray Beach, FL Andrews vs Shipps Landing, Marco Island, FL Anuttera Yoga Studio, Deerfield Beach, FL Broken Sound Clubhouse— Renovation, Boca Raton, FL Century Village Clubhouse, West Palm Beach, FL Coca-Cola Mechanical Noise Study, Dunedin, FL Dunes Tower Community Room —Acoustic Study, Singer Island, FL Fire Station#49—Generator Noise, Ft. Lauderdale, FL Ft. Lauderdale International Airport Terminal 4, Ft. Lauderdale, Miami, FL General Dynamics, Sunrise, FL Gleneagles Country Club— Restaurant Noise Study, Delray Beach, FL Gold's Gym, Pompano Beach, FL Karate Studio, Naples, FL L. A. Fitness—Mary Brickell Village, Miami, FL Lake Worth Cultural Building Renovation, Lake Worth, FL Marriott Harbor Beach Resort& Spa, Ft. Lauderdale, FL Miami Gardens Community Center, Miami, FL Mizner Park Festival of the Arts, Boca Raton, FL NSU Miami Dolphins Training Facility, Dania, FL Palm Beach Cultural Council, Lake Worth Theatre Renovation, Lake Worth, FL Pelican Bay Clubhouse, Naples, FL Scott Carver HUD, Miami, FL Southeast Freight Lines— Noise Study, Punta Gorda, FL The Moorings Clubhouse Replacement, Vero Beach, FL Trainor Glass Lake Ventures - Renovation, Chicago, IL US Epperson Corporate Headquarters, Boca Raton, FL Vero Beach Airport Atrium, Vero Beach, FL Villaggio Clubhouse- Ballroom, Lake Worth, FL W Hotel Gerber Bar, Ft. Lauderdale, FL Multifamily Projects Barcelona Square Condominiums,West Palm Beach, FL City Walk Condominiums, Delray Beach, FL Tesoro Beach Club Condominiums, Port St. Lucie, FL Tesoro Golf Condominiums, Port St. Lucie, FL The Lofts Condos, Miami, FL Trammell Crow Residential Condos, Delray Beach, FL Pineapple Fields Condos, Eleuthera, Bahamas Ritz Plaza Hotel Renovation, Miami Beach, FL Trump Condominium, Hollywood, FL Trump Palace Condominiums, Sunny Isles, FL 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772)221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 page 21 EDWARD DUGGER + ASSOCIATES , P . A . S.1.12 Consultants in Architectural Acoustics Mechanical / Vibration Noise Control and Audio / Video / IT Systems P - Dugger APPENDIX B RESUME for Edward Dugge Selected Project Experience New World Symphony Miami, FL gyp: Max Planck Florida Institute Jupiter, FL SUNY University System � New York, NY }ri,. a _ Mizner Park Studio Theatre ;E. _, { z Boca Raton, FL _ South Florida Community Edward Dugger, President & Principal Acoustician College is Avon Park, FL Mr. Dugger has participated in the design of more than 200 Museum of Natural History professional performing arts spaces including: theatres, music New York, NY schools, university theatres, amphitheatres, broadcast facilities, and worship spaces throughout the United States. Miami-Dade Public Schools Arts and Music Prototype Working with clients and design team members, Edward provides (LEED) room acoustics, mechanical noise control, and audio/video Miami, FL systems design consulting services. From programming to construction administration, he delivers criteria narratives, GSA New Federal Office architectural programs, and specialized drawings and ►; Building specifications. Miramar, FL Edward received his degree in Architecture from Virginia Tech in 1982 and was licensed in 1984. His education, combined with 25 Seminole Tribe of Florida Video Production Facility years of hands-on experience, place him amongst the most sought Hollywood, FL after acousticians in his field. Kravis Center for the Prior to establishing ED+A, Edward was a Senior Consultant with Performing Arts the international consulting firm of Kirkegaard Associates. West Palm Beach, FL Edward is a member of the American Institute of Architects (AIA), University of North Florida and President and Executive Committee Member of the AIA Fine Arts Center Treasure Coast Chapter. He is registered with the National Jacksonville, FL Council of Architectural Registration Boards (NCARB), a member of the Acoustical Society of America (ASA), and member of the National Council of Acoustical Consultants (NCAC). 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772)221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 ,., page 22 EDWARD DUGGER + ASSOCIATES , P . A . er2Consultants in Architectural Acoustics 40.A Mechanical / Vibration Noise Control and Audio / Video / IT Systems APPENDIX C - REFERENCES 1. Ron Cremata, Construction 4. Jim Mitchell, Director ii Manager Kravis Center for the Performing Hines Arts 1672 Drexel Avenue 701 Okeechobee Blvd. Miami Beach, Florida 33139 West Palm Beach, Florida 33401 305-535-6284 p 561-651-4237 p 305-536-7696 f 561-651-5237 f ron crematahines.com mitchell c(�kravis.orq 2. Mario Gutierrez, PE 5. Ian Nestler, Principal Vice President of Engineering PGAL Wolfberg Alvarez 791 Park of Commerce, Suite 400 1500 San Remo Avenue Boca Raton, Florida 33487 Suite 300 Coral Gables, Florida 33146 561-988-4002 p 561-988-3002 f 305-666-5474 p inestler @pgal.com 305-669-9875 f mqutierrez(a�wolfbergalvarez.com 6. Deborah Nichols, Principal DL Nichols Inc. 333 Clematis Street, Suite 201 3. Jim Maloney, Principal West Palm Beach, Florida 33401 Voyce Legier Noise Control 6848 NW 20 Avenue 561-818-0709 p Fort Lauderdale, Florida 33309 DLNicholsinc(c�aol.com 954-979-8007 p 7. Steve Placido, Principal 954-979-8008 f TSG Design Solutions VoyceLegier(a�aol.com 1850 Forest Hill Blvd., Suite 203 West Palm Beach, Florida 33406 561-967-4511 p • 561-967-1689 f splacido(a_tsgds.corn 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772) 221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 page 24 I EDWARD DUGGER + ASSOCIATES , P . A . r2Consultants in Architectural Acoustics 4AMechanical / Vibration Noise Control and Audio / Video / IT Systems APPENDIX D - CERTIFICATE OF INSURANCE A copy of our Certificate of Insurance for the project is attached on the following page. is ii 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772)221-1960 AA26000667 RFQ No. 42-09/10 16 August 2010 page 26 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. • _.a ACORD 25-S(2001/08) 2 of 2 #S262925/M261317 EDWARD DUGGER + ASSOCIATES , P . A . Consultants in Architectural.feA Mechanical Noise Control Audio / Video Systems SITE VISIT MEMORANDUM Visit Date: 23 September 2009 &24 September 2009 Issue Date: 25 September 2009 To: PGAL Kari Botek, RA, LEED AP Associate Principal 791 Park of Commerce, Suite 400 Boca Raton, FL 33487 561-988-4002 / phone 561-988-3002 /fax From: Richard W. Lee, ASA Edward Dugger, AIA ASA NCAC Re: Architectural Acoustic Consulting Services FAU Harbor Branch Oceanographic Institute, Vero Beach, FL ED+A 9281 Number of pages included with this sheet: 9 On the 231d and 24th of September 2009, Edward Dugger+ Associates conducted vibration measurements at the FAU Harbor Branch Oceanographic Institute in Vero Beach, FL. The purpose of these measurements was to document the vibration levels created by trains on the west side of the site compared to ambient (no trains) vibration levels. This report provides the results of our findings. Measurement Equipment Measurements were done using a calibrated Bruel & Kjaer DeltaTron Accelerometer (Type 4513-001) and recorded with a model 2250 sound level meter/analyzer (Type 1). The signal from the accelerometer was recorded using a single-channel recording system in 1/3 Octave bands from 6.3Hz to 500Hz. 4490 SW Long Bay Drive, Palm City, Florida 34990 t: 772/286-8351 www.edplusa.com f: 561-658-6142 AA26000667 1 EDWARD DUGGER + ASSOCIATES , P . A . E4:7 Consultants in Architectural Acoustics '4"A Mechanical Noise Control Audio / Video Systems Procedure The vibration levels of the trains were measured on a 4ft. long %in. diameter steel rebar set into the ground at two positions. Position 1 was located at the geotechnical SPT Boring B-3 position and position 2 was located 103 ft. west of position 1 and approximately 50ft. from the train tracks (see attached site plan diagram). The accelerometer was placed on the end of each rebar and the vibration levels in the ground were measured as trains passed by via the accelerometer. If you have any questions regarding this report, let us know. Note: Please see drawings and graphs at the end of the measurement report for further information. Sincerely, Richard W. Lee, ASA • 4490 SW Long Bay Drive, Palm City, Florida 34990 t: 772/286-8351 www.edplusa.com f: 561-658-6142 AA26000667 2 EDWARD DUGGER + ASSOCIATES , P . A • �� Consultants in Architectural Acoustics �4 Mechanical o Noise Control Audio / Vide Systems r _i '1>, r ! 5 . l xr ly.•F•�.S w M' >:,-: .t i y r.. Z�+ .. j z�;F ,,,xi-.a' a�, '{i J��1(v 4. 54, ._s{�� .144-ut b, rs .4 r m kr.,4,.$7, . t."Yy�r� ,��s h. E, ' rb.Z.,JU tEi 7d .. n 1.4�4.5w .M tc e�**rri N y tx� i.. �0q r R -? , .°1 4 �. ,`----..% a ,,LL �� � 4j §gdl' «'�' -' S {} .a+ - .1"`'1 .sly r'' -4. �'' j� r i r,` "°J 'fib,,` ;'::F.,-42,,,,„, V.,'�F Y �i'-t.', t iE'#i.fi•r i. `Fr�.fTAI.� '.y .`� ! w ,.7 r,ls= .J-r�' ' t.+, . Y+P :.y y` Fcr -, srf S i c s•3y, g ,,, �., s. , � v +,cu �.�4' .-.1'.:5,:',--.7z, �, uw^z/lam_-ss �1 �, - S A::: y ' ✓j!• r r'rt$� y' y, Y iP '< ?3 '� iy ' fk Y r 'fir .,r�,,-i, ti . "� ,,s 3 i yca a -.;, i,5 �t�1 ',-i, �: ° 1`,.L �'x� " ... _, T 1 4,.. z�y 4'd )41,-1-4-. "X` :.3--r ,- Jai ?E� �i7:y �. >tt' .�°,,7 .z...-, °,fir 0 -- .t � � ' " 4 x .§aye b F . : ,' r :„ - s 3'p it m k q..d � r ys�.r'� f�: •�-g ik c , .k,• -x çrV:'a" t� � a"'y%`.-r � x 4E "z .; ,..x s z-"� y >,. z'�'" rte, �'-� a+ 5'- f "V.�r� y,u ° y�" ,ji'��?` �t 'L��p' -1"`'a ' S a,'�r �� Lis s S b�'rs'�•r s y5.,. '&;.: b s" "s T, 1 r", . p _, 1� ."p, ` �ar 3xs � r'°,nom �•�..,,�z'�`S�". - ',,.J.,.\,..,4,:'' � `,�'"�R r �,�.r i 1:�`k s -(- S d f ,,,,�.Z . �nW''�`yy,' E'.� f�,� �wv�" ' M .. : r..=Lc: if,- & rl`T.-,c . A� ''-�'cJ"TL�R•'3....:uvG_! .,t'i.�..�.A.i Figure 1 — Example of measurement setup ,t xs 4ai iii e , "2 �.. ,...,,1.-40., aT"�t t- 5Y ' '' ' 4;IlYo h '1 e -„ i,:',.;= 'l A � µ T ; r. t4....7, r ,V, ..,,,,';:0,4,2,1:,'",„;.„ ..4 :+ ;i'l : 4 y 'Ff ,-" � r.�r ;,4r i ' �'p .4 _ tb"a ' , /, :�y -- , t r 3. •' - ": *S �� x-n. r t xx .% k rya r' '}',. 'uN #"' :'-�a,� .-.: �k'�i�- ,�+,�, ,� mss_ %=�,��cc:�e t�,y,1y saa �� .r.� `> ��'" "�'y�.' ���.vm�e rF b b ��3Y'N a f. OQ ,y`.� 'F �"' �'H .y .�`M +s Y sy. ,+, ..;' � ^�''" Yom}"avn'....,,,,1 y5 rri'"; ea.,k -t ° "`-...,z"°i.:: $ ; ( ,3 a- r r '„ , .i q �a 'rj'n16, .m 3d-y '� y .-��°c-}y t � `.~ter 1 1 ' 9& -i�rd..yk Ar er`';^5 t� ba i �,-a "r � g`ek j'.-"_f o- . 4 Figure 2—Accelerometer on 4ft 1/2in diameter steel rebar 4490 SW Long Bay Drive, Palm City, Florida 34990 t: 7721286-8351 www.edplusa.com f: 561-658-6142 AA26000667 3 EDWARD DUGGER + ASSOCIATES , P . A . �� Consultants in Architectural Acoustics Mechanical Noise Control A u d i o / V i d e o Systems Notes: 1. As measured in one-third octave bands of frequency over the frequency range 8 to 100 Hz. 2. The detail size refers to the line widths for microelectronics fabrication, the particle (cell) size for medical and pharmaceutical research, etc. • • • • • 4490 SW Long Bay Drive, Palm City, Florida 34990 t: 772/286-8351 www.edplusa.com f: 561-658-6142 AA26000667 4 • FAU Harbor Branch Oceanographic Institute, Vero Beach, FL 25-Sep-09 Edward Dugger+Associates, Consultants in Architectural Acoustics ED+-A:9281 Measurement Location: *See Notes Measurement started 9/23/2009 3:47 Values: Description: LZSmax 95 dB ---111--- Max vibration level of passing train LZSmin 70 dB --M- Min vibration level of passing train LZeq 90 dB -----4---- Ambient level w/no train Vibration Measurement-Leq 1/3 Octave Passing Train @ Position 1 100.0 . . ' , 1 Workshop 90.0 ,- , -, -, o w . . ; in Office i • / 60.0 4.--i-- . -, -Residential Day ..- • i 2 • 4112 pi e r a t i rit g T - D3 70.0••• ■ Nair -, --w - _ ,_ -15 • I I 6-dBV,-VC-A . , . _ -1 i , 60 dBV-VC-B • 0- 6 .0 - -, > W 1 I -I 54 dBV,-VO-C • O 50.0•h• i- . - - 48 dBVI---VG-D - -i 41 j - CO M 400-- ,r M -••' 1- ;,,, 0 • ! 5„.• 30.0..- i- . --V ! 1.11 • I i W \ ' . . > • , 4. . • 200••• --*---st,,, F- . _.. 0 a * O -----._....t........ ,..3 ;--- I 10.0— I • 0.0 - - i - - - i - l • - - - i ' 1 ' 1 - 1 - 1 • 1 - 1 - t - 1 - 1 ' 41 ' l U) V) CO 0 U) CD 0 U) U) 0 0 V) CI 0 In 0 0 C, U") 0 0 1- c•v• .- CV • cr 1.0 GO CO 0 C•1 CD 0 Ul ,-- 0 0 6 (NI - - CNI CV el NI- U) One-Third Octave Band Center Frequency-Hz Notes: Measurement 7-Passing train at Position 1 (Geotechnical SPT Boring B-3) 5 1 FAU Harbor Branch Oceanographic institute, Vero Beach, FL 25-Sep-09 Edward Dugger+Associates, Consultants in Architectural Acoustics ED+A:9281 Measurement Location: *See Notes Measurement started 9/24/2009 3:57 Values: Description: LZSmax 95 dB Max vibration level of passing train LZSmin 101 dB --- Min vibration level of passing train LZeq 71 d.B 4- Ambient level w/no train Vibration Measurement-Leq 1/3 Octave Passing Train @ Position 2 100.0— , . I . Workshop I O 90.0 , to Office , I • • I80.0— 12esidentia _ • . • - •Theatre, n.0 -- I I --, T T , . r- 1 -c 6• I I , I I I 1 •• > 60.0 I LLJ . i 54dBV-VCC U I p 50.0• -48 dB�—VC-D I > 42 dBV-VC-E . I , cn 2 40.0• re . I �- , ,'�••Y I I . , , 1 I I . LL • 1 1 _ I I 1 I ❑ . 1 ' ice I , 1 - 1 ' . • I I ( CO 30.0• -I- '=-s=., 3sr F- 20.0— M `— 10.0• - - 0.0. - 1 - 1 . 1 - I - 1 -- 1 . 1 - 1 . 1 . 1 . 4 . 1 - 1 . 1 . 1 . 1 . 1 - 1 . 1 . 1 . 1 LC) M to O to CD O lA Li) O O CO O O lf) O O O l!) O O (O — N — N N v- U) CD OD O (N CN CD O CC) .- 0 O 'r C7 N N CO Tr (f) One-Third Octave Band Center Frequency-Hz • Notes: Measurement 11-Passing train at Position 2 (Approximately 105 ft.west of geotechnical SPT Boring B-3, and 10ft from center of protruding wall) 6 EDWARD DUGGER + ASSOCIATES , P . A . er2Consultants in Architectural Acoustics q M e c h a n i c a l N o i s e C o n t r o l /� Audio / Video Systems VC—VIBRATION CRITERIA Generic Design Criteria for Vibration-Sensitive Equipment and Processes 100T i I I � ■ � I I I I I I I I I , • 1 I I I � I I I I 1 Workshop(ISO) V 90 I I I I I en c r Office IISO1 I I I t 80— Residential pay (ISO) m •a • I Oneratina Theatre(ISO) > W VC-A(2000 micro- I 0 I I J W VC-A (1000 micro- . 2 60 re I 1 I I I • I I 1 I I I i I i o VC-k(500 micro-inches/sect' Z Q CO • i I I I - , I ti > 50— -VC-A;(250-micro-inches/sec- Q 0 VC-A;(125 micro-inches/sect el . f I I I I 1 f I I r , 1 I I E I I , I I I I I I • 1 � � I I I � I 30 1 1 1 I i 1 1 • I I t VV LO CO CO O LL) CD O LO U) O O CO O O L[) O O O LC) O O CD — CV .-- N N CC) CL) CO 0 CO ON N CO 0 0 C') One-Third Octave Band Center Frequency-Hz Figure 2 -Generic Vibration Criterion (VC) Curves for vibration-sensitive equipment-showing also the ISO Guidelines for people in buildings. See Table 1 for description of equipment and uses. 4490 SW Long Bay Drive, Palm City, Florida 34990 t: 772/286-8351 www.edplusa.com f: 561-658-6142 AA26000667 7 EDWARD DUGGER + ASSOCIATES , P . A . �� Consultants in Architectural Acoustics 4- q M e c h a n i c a l N o i s e C o n t r o l . . . ' Audio / Video Systems Criterion Curve Maximum Level Detail Size Description of Use (see Figure 1) micro inches/sec(dB) microns Workshop(ISO) 32,000 (90) N/A Distinctly perceptible vibration. Appropriate to workshops and nonsensitive areas Office(ISO) 16,000 (84) N/A Perceptible vibration. Appropriate to offices and nonsensitive areas. Residential Day 8,000 (78) 75 • Barely perceptible vibration. Appropriate to (ISO) sleep areas in most instances. Probably adequate for computer equipment, probe test equipment and low-power(to 20X) microscopes. Operating 4,000 (72) 25 Vibration not perceptible. Suitable for Theatre (ISO) sensitive sleep areas. Suitable in most • instances for microscopes to 100X and for other equipment of low sensitivity. VC-A 2,000 (66) 8 Adequate in most instances for optical microscopes to 400X, microbalances, optical balances, proximity and projection aligners, etc. VC-B 1,000 (60) 3 An appropriate standard for optical microscopes to 1000X, inspection and lithography equipment(including steppers)to 3 micron line widths. VC-C 500 (54) 1 A good standard for most lithography and inspection equipment to 1 micron detail size. VC-D 250 (48) 0.3 Suitable in most instances for the most demanding equipment including electron microscopes (TEMs and SEMs) and E-Beam systems, operating to the limits of their capability. VC-E 125 (42) 0.1 A difficult criterion to achieve in most instances. Assumed to be adequate for the most demanding of sensitive systems including long path, laser-based, small target systems and other systems requiring extraordinary dynamic stability. Table 1 -Application and interpretation of the generic vibration criterion(VC)curves 4490 SW Long Bay Drive, Palm City, Florida 34990 t: 772/286-8351 www.edplusa.com f: 561-658-6142 AA26000667 8 w U ¢ k w S—; INEINEM• K y V 9. s IGn �c'aL!, a4 is 5Y �� - il- 0 0 3.a _-i � ��05¢ F E 1 is s7; gs' ° �E _ 0 72 o a��'S� U N �N �a E i— l i i i pp y :b' wLL � °'m°mnELLg & iQ 3m3lu 2¢ 5 s�- �! Dili `,-a5 m•?lz.u.ae NOI13na1SN03 and ION 6002/5Zi60 •3 �, z K" £` i `° a • I. :. . i ._ _; r• I i .-7-1'ri.4001 g:i . a =fir-mm w ILII . so 1 I, ow aso ❑ I 4 = I a l r J9 I s° won owl Eta — 3--, - c9 ❑ �� o I ❑ (� °' ..- ...— _. 1.,.z ..,::,7,.::::::?:-.:,5m..!•:_...,:.,•,„.4 03)• _,.......,_ _____ 1 , - ` 7 - : �I I ____ . __. i..,.;,„... t.„.a„,:„.„,,,•,,v?„,.., I I �1/ ' w l r •❑ ^C^ C O 2 I ••O Zm8// I w� H I / r i 9I ' 1 k,,j I — —f,,,,,,,,,,,,--,'-',-,--v, I I n (-- - I 'i , „.{,-.., ,., g , ' •„,. ._,„,.....,: . :::.,„, ,..,:.,,.:,....:.:0 i I w _ C n t 1•1. '� 1, m i 1 � I I I I ! Ez • J ' m W H I -0 IT 4 1, / /...• ...•-..: I __ 1 8 z i , , - _...:.; : , .,_ ,,--------.L.y.._-.,-4, . 1, . — �gN c) cl 0/ ,-:: : . , : - --t1 '''::::::--•-i- -',1-•;':".::i'''.::::::•:::-Ii-'_-, :',.'_.,:H'i.--::\l-'i'':::.2 ':' 0 0 C)( l' 0 i I . ' b �I FE a j z .. LS_, ,9_ �- U ] \L -is b n to ---a D 0 v 41 ' (--.) ° P' 1 " D w p>_.. ,r_s___1 =-Q 0 ,, ,,,_„_,),<, , II- • EDWARD DUGGER + ASSOCIATES , P . A . �� Consultants in Architectural Acoustics 4- M e c h a n i c a l / V i b r a t i o n N o i s e C o n t r o l a n d Audio / Video / IT Systems M E M O R A N D U M Date: 25 May 2010 To: Darrell Lange Procurement& Project Implementation Group via email From: Edward Dugger, AIA ASA Re: Palm Beach County Fire Rescue Mechanical Noise Study Palm Beach Gardens, FL ED+A 10314 Number of pages included with this sheet: 2 ❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY X FOR YOUR USE Dear Darrell, On May 3, 2010, Edward Dugger+ Associates, P.A. (ED+A) conducted acoustical measurements within the Palm Beach County Fire Rescue building. Specifically, the background noise level was measured within the mechanical room and open office space adjacent to the mechanical room to assess the noise levels of the HVAC system. Procedure In order to get an idea of the existing background noise levels within the Band Room, the octave band sound pressure levels from 16 Hz—4 kHz was measured at 3positions within the open office with the AHU's on and 1 position with the air handling unit's (AHU's) off. From the octave band sound pressure level measurements, the RC value of the environment was then calculated. Measurement Equipment All sound pressure measurements were obtained using a non-weighted decibel scale at standard octave band divisions. The instrument used was a Bruel & Kjaer model 2250 sound level meter/analyzer (Type 1). The unit was factory calibrated on 31 March 2010 and 4490 SW Long Bay Drive, Palm City, Florida 34990 t: 772/286-8351 www.edplusa.com f: 561-658-6142 AA26000667 10314 Palm Beach County Fire Rescue Mechanical Noise Study, PBG, FL 25 May 2010 page 1 • EDWARD DUGGER + ASSOCIATES , P . A . Consultants in Architectural Acoustics 4-.A Mechanical / Vibration Noise Control and Audio / Video / IT Systems then field calibrated using a Bruel & Kjaer model 4231 calibrator before the field measurements were taken. Results and Conclusion • Measurement results show that the background noise level with the AHU's on is RC 36 (RHV). The "R" and "H" designations indicate that the background noise has a "rumbly"and "hissy"tonality respectively. The "V" designation indicates the that there is low frequency sound energy present that will produce perceptible vibrations in lightweight materials, such as ceiling tiles, stud walls, etc. In order to mitigate the low frequency rumble noise level within the open office, we recommend the following two duct lagging options: 1. Enclose the supply and return lines on AHU's 8 and 9 with 22 ga. sheet metal between 2-layers of 5/8" GWB. This option can be accomplished using products from Quiet Solutions, Suppress, or we can provide details to build on site. (see AC-1 attached) 2. Wrap the supply and return lines on AHU's 8 and 9 with insulation and mass loaded vinyl (i.e. Kinetics Model KNM-100ALQ). (see AC-2 attached) For further information, please see the attached graph, markup, and details. If you have any questions, please do not hesitate to call. Sincerely, Richard W. Lee, ASA Edward Dugger, AIA, ASA, NCAC 4490 SW Long Bay Drive, Palm City, Florida 34990 t: 772/286-8351 www.edplusa.com f: 561-658-6142 AA26000667 10314 Palm Beach County Fire Rescue Mechanical Noise Study, PBG, FL 25 May 2010 page 2 r Palm Beach County Fire Rescue PBG, FL 25-May-10 Edward Dugger+ Associates, Consultants in Architectural Acoustics ED-1-A: 10314 Open Office (Room 12-149) DRAFT • Octave Band Sound Pressure Levels Tag 16 32 63 125 250 500 1k 2k 4k dBA Description 1 73 74 _ 51 48 33 34 33 _ 27 27 south side of room 2 74 72 60 45 34 34 37 36 39 north side of room 3 75 82 53 44 34 34 33 26 25 center of room 4 55 46 45 43 32 32 28 25 27 HVAC off 5 6 Ambient Noise Levels Room Criteria(RC) 90 —iRegion A High probability that noise-indl,ced vibration levels in ; I I lightweight wall and ceiling constructions Will be clearly leelable; 1 • f I anhapate audible rattles in light factures,doors.windows.etc. 1 I Region B:None-induced vibration levelslin lightweight walls and coiling 80 — A i rnrnniinne reiy he lenient,. fd rneeihildy n1,.alas in ti,h1 fedoras Mi doors,windows,etc. I� i N N 50 i`, _ ``` m o - �,- j 2 c40 Room Cmero{RCI ROUPI mrs '_ ` _ RC-45•0 rn j ;i Y + ���.. I• v RC 40-44 rosy _ `TIC. O m :: E Ira Neural Saecrum W IRI R10.1 Soennm> iM Has,Spectrum N in Tonal Spend!,(RV,nm a®M Induced v:O �r�e RC 371Rt...na moaenleN Ru�el lira nrrNY ambent rwne IBNI I l . i RC-20 10 RC-15 i 0 N CO In O O r N Tr r (v7 CD r N 6f) Octave Band Center Frequencies (Hz) GRAPH 1: ---,._— Tag 1 RC 31 RHV ———■——- Tag 2 RC 36 RHV Tag 3 RC 31 RHV k Tag 4 RC 28 H Notes: Measurements 1-3 taken with the HVAC on in the Office(Room 25-149); measurement 4 taken with the HVAC off in the Office(Room 25-149) 6 y� SHEET METAL DUCTWORK 1 Z. '" ..44hI . a 7/8" HAT CHANNEL INTERIOR DUCT LINING 1 `' DOUBLE WALL .• • a, 4 4 INSULATED DUCT • 11 _ •. • �� J • / \ �\t�_��t • 11 11 1 . � : 11 1 . ■ - 1 \ / \ _/ \ / \ / ,P c 2-LAYERS OF 5/8"GWB • • ACOUSTICAL SEALANT IN =; 11 P 1/2"/2"CLEAR GAP " L---- EXISTING CONCRETE WALL EXISTING STUD WALL �•'. _, NOTES: ALL ACOUSTIC SEALANT TO BE NON-HARDENING.ADD BACKER ROD WHERE NECESSARY AND SUGGESTED BY THE SEALANT II MANUFACTURER. PROVIDE CLEAR GAPS AS SHOWN. ti *, I DUCT LAGGING NCI SCALE: 1"=1'-.0" Edward Dugger+Associates,P.A. Duct Lagging Detail SCALE: 1-1/2"=11-0" 4490 SW Long Bay Drive sip, Palm City,FL 34990 (Option 1 - Gypsum Wall Board) DATE: 5/25/2010 �'��� Consukants in Architectural Acoustics A772.286.8351 phone,561.658.6142 fax Palm Beach County Fire Rescue Admin. Bldg. DWG: AC-1 AA26000667 Palm Beach Gardens, FL PROJ NO: 10314 www.edpiusa.com MASS LOADED VINYL 11 ;: 1 1" INSULATION 1 INTERIOR DUCT LINING 1 DOUBLE WALL 11 s ° INSULATED DUCT 11 ' v 1 a � t�t�t�t�t�t�t�I�t�t�l�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�tt�t�t�t�t�l�t�t�l�t�t�t�t�t�t�t�t�t�• .t�t�t�t�/�t�t�t�t�t�t�t�t�t�t��t414t4t4i�!t�14t4t4t4t���t�t�t�t�t�t�tt,!,tttt�ttttt/tt 11 r X11 11 11 ., 11 x:11• 11 Z 11 _ ......__..___.- 11 , e?jt�t jtjtjt�t�t�tQ�t, ...4t tet�t�tat�t,t�t�t�t�t�t�t�t�t�1? . A % A A 1 1 %1 ;`11 . F 11 FLASH EDGES PER 11 MANUFACTURERS SPECIFICATION j 11 �--- EXISTING CONCRETE WALL 11 EXISTING STUD WALL 11 ` V ..•L i 1 C 11 NC2 DUCT LAGGING SCALE: 1"=V-0" Edward Dugger+Associates,P.A. Duct Lagging Detail SCALE: 1-1/2"=1'-0" sp4490 SW Long Bay Drive Palm City,FL 34990 DATE: 5/25/2010 (Option 2 - Mass Loaded Vinyl) �o� Consultants in Architectural Acoustics ' A ' 772.286.8351 phone,561.658.6142 fax Palm Beach County Fire Rescue Admin. Bldg. DWG: AC-2 AA26000667 Palm Beach Gardens, FL PROJ NO: 10314 www.edplusa.com , 2 _, CD..?: ,,,.., • If s - , A t t4,T,.1•-L'ii'''§ f", ! I Z- .-t-,- 2 je, 1'';LS"-,?i g'",•7.:I,wi.. 1,....11q1!4 i ?o.,,r..%T,Y 7,•l,,,c' .-%,.!-3-a_l Sfg i;-Ti5,. .7f.!:.,'_,.,,,,•,...-..-.:'- g TAt.- ,1.A;g 41 i.1I 0 1 l h 4 9:44 ira'a 0 5ia g4i g 1 A 2 4i =lcaa I 4 15 7, I c),., L ,. c-k " r .b_. I ! (N < If? ,•-"Ts"., ■.--. I -•-•---•.-: - --- •,:! 1?-. • — <1, K;;.:, ;;..= :.-=:=,,,,,,-......=?,, t'. . --' ---,7-7------.-. . . • •:----"-""ji--': '------- -.: .---.- - 7--.,-- -:1: • , ;.,,,,.-t) ......?-.• i. ----.=_=i ki,:.,.ii_LE*ZIS.,-1-:'ligt-J ...a, - ,.........,,,,,-- :,., •••., , ,. T.,..- :-- = ! -- -- - ._. ,'.' .....:.•:::.:.:i......— 1.A.8•---,-- ::.-, ,,1,:: ., mormornir •,7_k_ .:,."..,.•,:::}: ,..,.11:; I:. 3- ,, i r ; ',- := .: ',- 'f. '1: =MEM/M=0301 -1---1,- .,..,_ 115: a ,, : , -' MIIMM-MMIIIL.WEILIMI,- --. ,::::-,,,,a il :: 4-. 4''.,,....,'' :.....=,..r:L :.t. -.: :.: ::::-...: MILTIV=111111•1P/millillE M --‘,.., :::;--'"''',--:-.'47,-''."i:7".::::"""Es.."."--1.:-.:, .,;- :-i-it. ••■2„'.•,..-;...".,..,4 ,-__— iiimpirddimmum ___L•i,*_,Atr.,..-_,::_--i____• -,•:: :f;-• • ; , INNEkikommiriAlh,_,...4,21 _ m.• -Inimumorsi. Ertomit _.:,__\ ,::: M-ROP. 1=1:119 •rmia.--- : "l& I-.5 • 6, 5,5 _,Alacp: ]-4reen,A E:gairtsciii! • m,..„0iiraztEmilli !,--: .:-= '-,,,7 1--: . c,.,----.ffi:_:...7 •-.,._eir.,n., ,i, , ,, Asleiminniien:in •••___,Witik_.: :,:./1,..-....,,,,•:,:21.,_____I :i: , '-' J ,,•-A.:,'-', -[ ..-: i,i-,-,,--.,, ••Ag iii ..C.U1,j---t.1:1111111ilanurAMMIGEMIE1131 111111. .PiL . L ...-,.licit, ' --- ---"' • - -7-: - --- '- '!: • . -: , - • .--,• wa- imet--Fori ...._.4-:--Mr.=..- 111111.- Ik.. 8 .41 .• -• '• • -' 0•31111*.a -- ' -- .......2103.ammienturtanumin , ,. .ii___ ifform-,.--;.,..;al;-.---:: ---------:- 7R-4-4- -2 •-- . - .1“„ '• , AIMEIMIENouszr*.,7-417—ar.. ..r...1,71`i= ;: fr---u-,,,;.;1 '—" '—''- ::iir. ''. '3 'Afiffementimerel LiLie 1;1.15-_2,1111*--,f • 0,-T, ...a •:.--;-r-1■■11.6.nilit4.."-- ...Pic.-: : • _., 1 :•-I,, ".. ,'imitiard-Thililbsamaggrjamm- ; ' I -; .-Mill-.=r---.-'-',- 1111444., ,,;'--.•°'" .z. -,_.,..-- ;ILL! 61,Ar. 1....4...._,..._'' .- :)14-..-1-0E•casii0- siwrimmr:- .; .3 -::: rellitikIJOB.titell RI ii, -pvt,-,:sigt,c:...,,r .-.1 . WibMiigligUIZIEM1 =- "gi. . ,..._ ,: ..,,,,,.. , , , ..„., 0-,_ _ifidammioncfir •:: peijli --:4nwillfZCII --i- - -.-„_=-•.,•f4-.11..-,.... .., ..,...:....--.-....-...-- -.• •-•--, • - ;NM 4 , '3'-''..1-''''' INIMMIIIMEIG:t-I — }_ .;: -,,',13Maik‘Millainat ...... m `'' .11111911111Kint '- 7',....- -"--- =i 17-;I:• .--, ;•,-.7.1.--";:r77' , .-.........pii-.4,i,=.11 , _ ............._........... : ;F.:#. r.C' "' ;,V.i.‘:::Et.717 ILIP4-1616t. "I• - ••.'"---t.-..._. - ,---,. -7-1•.:,:=::::., ..;" :. n .-5,-..:,:::.......--0 ,.:-.--0----.-4,--11 *'ait,....■.4..., 4 ,L,-7. :L., 1,, 1, I .;-.--..'•“t,':„.-,..",., ,7'1,17z._13' ?,,,,_'-it Iiii:L...,k.......0,..._.s.i.m..;_._ .. .__. ry.:,.iltWipialiic,____, Ir°,•-,----TEL,-M4R- _,,- , , .„. -... , -1.- -,--41 r r... . r, air (-6‘ - 11. - 1441111.1,-...-,..17- of Iiill "-- ,....,.....' ,.-B. ,_ .4..K7.771.4.... C4 ...drIal- .MilliZIM■Air,..1 '4 . a :r i: ::;:,..--...._.4„,,,t,A,..;,_,,„4.44.,._.,.,:.__It,-_-., 'al-i 1 ,1" 11 —MI •F-21.1. .711are g.,.....M ...- =-'''''''''''''."'"1 L '--9 I: -' - •0-•• - -----, . ---,i,,I I irdr. .6 -.4miumm.-fw. ....1aMr. Hilwirtams.E.ctu=winigg i • 24 ,...: • l'fg __-, III,- •-,, .1 c,, ...,.z• :::.‘g,--=---,... _ RN • e m wrr. a- - A - :------ .- • i.4.111Vitiiii:: •ri -0, L ....4....—....,„ --7,•-•---1-=---!..,.AB _ --.---4-- --.1.--.,.e.,.., ,•;--Fri . ,,-- -.jr. ! ° .°• '; 'idillE11741"." e—maglielirlAS:=-- 11.07#41111411Mirg.- III.L__1823M-. • ,....■....■••.,-.: 1111 • ' 2 ._77,--.. ,.. . ... micki •,o 'liFai' ','",.:.-.--'7,--.,.. .r . ,•-.... ,, , r g.;.•.711 :gg 0 !': • ... --.7.1.--1WSELWAREIMEInge ........... : !i•''• ii.--,-.• ,I!.....i.■...111NESEE12111rard' : )14-4,1,..—MOM& ' IR i h'ff •" . .,,,,i)..:."..:'''`,..T.- ...--.—..,--,--••••-•,/,:-.. r■inietV•11— ‘ '"AEU•-k:U 0: 9"....• . i Etat U. .:, .:IT'.,.7", . . _ . 1-1 „;, .c.. • --w- . =•r,. :: •--s , ,.7.. 1 1 'T.,,, i 2°A. . <"' ,ia _1,k r. : ",.1,. 'i..: I, 2:`,..- •:, ....' I %,' i ,;.2 ----. .,. •-*----- •; •e:8'- ,.-,.... • ::',L, --------j„' 1;:taMariki•.....F'.. 'A',-Z 1,-:•:1- - • .41r4:!--i Ai g .g I gp - 11111,•,....,:s,---ri-,---!N.-1 .•, _.. -7,: . 7_ - .2.;,,,,,-4'. - • v, ei 0,, - ,,1'.,.4- , ;1 . ,4.: - ! i 1 ...Mil Pd''-- ''''.-----'!a I i=.-':8 I ''.=-L: J-ki,..° .-.7.,',11 E. , .., -Er. . -,,,,.„ '.... — --- ----,- g , --- - .: ;:71,griT? , , F.DL.. C2 i -.' -..-...F -3 ..,-.., ,-; ....,E.:31.:07! . et g • 0• 11"2 -!, ----!: • . - ---..•_ 1.4................ „„ . 8,, ,4 .1.. •.1,^ 2`.°; ri, •P'.8'.7, -j :.ii!'l -i- :1110NOLII*1"1177;rt.:--.21-7.-, I-= ,.. .F. '1; i.i i, k7."gZ'7•i- I --1---''.- IF114121:' - -°-;-- /. .... .. ., '-__.:11.,..- / - -1--;.= . ."; ';:. -... ',YR? .•:.,'-...° .„„•.-..--:_ ,... m I. , ....•,0 -• . ,__ . . ,• •t1,1-,,7-r. „ S 5,r_f. 1 L'.. !g -1--!? - --• - ff:T-g-ii r.—:, ,. ,,' __ - ;.,6,f,.•- L fil ,- ,_._.. .._ ,,_:. ,-:-,.,.,.., r.11Allir ..-__:_--:,— ---... -:::.___ ._‘_4•— ,,,. •rA,7 1 II . -. .-. .514!;;.;.r7;:1-Z!',--'" "n"--'': 21'1-.: '---'7'. ,., • --11,.-'......n'min..' ".4124 r^ : -qv-- MtlEfgi--- -c. MUOi Is ---.8-. '161-• .'--;. '. it '''•-. ■.= . .;.- -U- i L___:, i3c-,z. VI-t,:•-i: .0 =',1-krf'. ,.\----. -.....inpinawww..via al 1 I Lrilisaggaga.a i :, ._.,.. SF-.. 41 itF. 5; -, iF kilgi o Eb.-_-•'. ____;;--,,,.--7-___:'' i -• .:,:'-:.,t 2 t., ----------.-'--- --'71 •''' . ° ',..',:4 41 •::± '' •_'' - '. ■ ',i ,:;',.2%-i '-' YA 11,-;' :=2 •=E,-•. --; --1 r. CO •!:::: , ,,,,, ic• ,...,?..,o„ ,0 ,4: i:- . .,,,, ,,t,°.; •:: -,.,:•?,g.9 ,• :,,,. as ,!-:- E2 •,:•:,g: '-• 5:3.i,_,-9 t .-3g..-: 8 A.1.1?3, i g; 1,qi ti 5 co 9 S & ® @ (D`0<,-, at 8 0 Li. c 0 . 0 CD (i) 1 EDWARD DUGGER + ASSOCIATES , P . A .•'++� Consultants in Architectural Acoustics 4°PA Mechanical / Vibration Noise Control and Audio / Video / 1T Systems ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFQ: 42-09/10. Addendum No. 1, Dated 9 August 2010 (received undated document via email) Addendum No. 2, Dated Part II: No addendum was received in connection with this RFQ. Verified with Procurement staff Maria Estevez 27 August 2010 Name of staff Date Edward Dugger + Associates, PA August 16, 2010 (Contractor Name) Date 4062. (Signature) 4490 SW Long Bay Drive, Palm City, Florida 34990 t: (772) 286-8351 www.edplusa.com f: (772)221-1960 AA26000667 RFQ No.42-09/10 16 August 2010 page 7 1 E D W A R D D U G G E R + A S S O C I A T E S , P . A . A R C H I T E C T U R A L C O N S U L T A N T 29 January 2007 Isis Mojicar-Hunt, AIA, NCARB Spillis Candela DMJM 800 Douglas Entrance North Tower, 2nd Floor Coral Gables, FL 33134 Cc: Sam Lopez Palm Lakes Elementary 7450 West 16th Avenue Hialeah, FL 33014 ED+A 7152 Re: Chiller Noise Study Palm Lakes Elementary 7450 West 16th Avenue Hialeah, FL 33014 ED+A 7152 Location: Palm Lakes Elementary chiller plant Dear Isis: On January 18, 2007, Edward Dugger+Associates, P.A. (ED+A)was commissioned to measure the sound pressure level (SPL)of the screw chillers within the mechanical room at Palm Lakes Elementary. Measurements and results in this report are presented in accordance with ARI Standard 575. It is the intent of this standard to be used for the measuring and sound recording of the sound pressure level of machinery installed in a mechanical equipment space, but not the sound rating of equipment. Additionally, according to Miami-Dade School District Design Criteria, Division 15, "the sound generated by any outside chiller, air-cooled chiller condenser, or cooling tower shall not exceed 70 dBA at a distance of 30 ft. Background All sound pressure measurements were obtained using the A-weighted decibel scale, also known as dBA. The A-weighted scale (dBA) correlates with the human ear's response to sound. A measure of the A-weighted sound pressure level at the 1/3 octave bands from 63 Hz- 8000 Hz was also taken in order to evaluate the loudness of sound at low and high pitches. Low pitched sounds present vibration problems and higher pitched sounds present annoyance problems. Procedure Sound pressure levels were measured for a single chiller and both chillers running in a steady state condition. Sound pressure levels for a single chiller was calculated at 16 positions around its 4490 SW LONG BAY DRIVE PALM CITY , FLORIDA 34990 - 6019 772 - 286 - 8351 / PHONE , 561 - 658 - 6142 / FAX 2 E D W A R D D U G G E R + A S S O C I A T E S , P . A . A R C H I T E C T U R A L C O N S U L T A N T perimeter at a distance of 3.33 ft (1 m)from the perimeter face (see figure 1). Also, calculations of the sound pressure levels were made for 19 positions around the perimeter of both chillers at a distance of 3.33 ft (1 m)from the perimeter face (see figure 2). The background sound level was also measured for both chillers in the off position. Additionally, the sound generated by a single chiller and both chillers was measured at a distance of 30ft. from the building to check compliance with Miami-Dade School District Design Criteria, Division 15. ,;.,,, ;] , .:7,;'' g ,.,, , 7_,_,,,,4,: 'MP-- , , ., ,,,.., ,,,,,: 1 , Fil 6-. . 1_.1 i.. r � � aT P 1 Pt P2 V-- P4 P5 P6 - P1 '.. P F6 P`_ . -. - '� '— , `: _.: -..__.._.. ._.. t_... Es'h WF P ---- E- f 1 1— - t X :r s.ro.. L.... P7 r .1 I i -� ,ICJ �� 1 :---- -` °. II I .x `• - 1 t P9 J 1 r=----i - - _ �,•--! I; ' w• X-—-4---- — nut .. — PIO Lty .,.BUM; �'��; P15 P14 2Pll — I ,,,(i MO_ PIS' L-:; .— .c• efn cc z 1 }� -. ;1 h I); ,- ; - `I �* iTIo FI:( � 'r--- �, �,, 1 --- 1 L 1 — 1' pi ' — ---- 1------ P11 97 Flq "5 017 jPl 5 ?` Cy gam, d, ; e. :41 - f:e-€)6 4-1 1111. '-i'a Q UFSLIT NiCY O UlLIF21..S9V �O:PVQT<'N C'L 133'L DX, /1' III ..- 1 j { iii 1 1 1 ,.•. , _.,,,,,.„,j, :Figure 1 Figure 2 Measurement Equipment Sound pressure level measurements were taken with a Bruel & Kjaer model 2250 sound level meter/analyzer(Type 1). The unit was factory calibrated on 7 July 2005 and then field calibrated using a Bruel & Kjaer model 4231 calibrator just before the field measurements were taken. Sound recordings of screw chiller noise at each measurement position were recorded using a Marantz portable pc card recorder model PMD680. 4490 SW LONG BAY DRIVE PALM CITY , FLORIDA 34990 - 6019 772 - 286 - 8351 / PHONE , 561 - 658 - 6142 / FAX 3 E D W A R D D U G G E R + A S S O C I A T E S , P . A . A R C H I T E C T U R A L C O N S U L T A N T Results and Conclusion Our sound level measurements indicate that noise levels within the space are well above the allowable annoyance levels as listed in the project specifications. An analysis of the A-weighted 1/3 octave band measurements for a single chiller and both chillers indicate that high values for the mid to high range octave bands present annoyance problems for the surrounding teaching areas. Measurements outside the mechanical equipment space show that sound generated by a single chiller and both chillers are 8 dBA-11 dBA above the Miami-Dade School District Design Criteria, Division 15 criteria of 70 dBA at 30 ft away from the building. We were provided with the expected operating sound levels by York. A comparison of our measured sound level data and the expected operating sound levels by York indicate the installed chillers are running at 11-13dB (±200%) above the manufacturer's expected sound pressure levels. We suggest that York be given this sound level data, and they prepare a response for lowering the sound levels to the intensity listed in their own published data. We would be glad to help when that response is received. • Please contact me if you require any further help in connection with this evaluation. Regards, Richard W. Lee, Consultant 4490 SW. LONG BAY DRIVE PALM CITY , FLORIDA 34990 - 6019 772 - 286 - 8351 / PHONE , 561 - 658 - 6142 / FAX 4 r Palm Lakes Elem Chiller Noise Study M-DCPS FL, Miami, FL 01/29/07 date Edward Dugger+Associates,Consultants in Architectural Acoustics 7152 project# Unit Type York Model Number SSS7L-46B Serial Number EOS-022 Chiller 1 Measurement Position 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 db(A)Test Unit On 99 97 96 94 93 92 92 92 92 92 93 95 96, 98 100 . db(A)Test Unit Off 58 58 58 58 58 58 58 58 58 58 58 58 58 58 58 _ A-Weighted Sound Pressure Level dbA AR 96 dB or AH Octave Band Sound Pressure Levels at Key Measurement Points Key Location(3) Key Location(8) Key Location(13) Key Location() Hz Ave. Octave Test Unit On Test Unit Off Test Unit On Test Unit Off Test Unit On Test Unit Off Test Unit On Test Unit Off Band Level 63 50 29 53 29 61 29 57 125 60 43 69 43 75 43 72 250 67 50 68 50 73 50 NO MEASURE- 70 500 83 58 85 58 86 58 MENTS CAN BE 85 MADE AT 1000 90 59 93 59 95 59 THESE 93 2000 89 54 88 54 93 54 LOCATIONS 90 4000 74 45 76 45 79 45 77 8000 59 50 61 50 67 50 _ 63 SPL at Distance of 30ft. = 78 dBA a' �' .• ; �''''.4-::7'1 tx. fir; g N r-y rX X r ," ? "gi ' " 1 O�R' :�•+� Rim ', ,sr" ;� a d � ` Tested By: Edward Dugger+Associates,P.A. Reported By:Richard W.Lee Date:01/29/07 5 Palm Lakes Elem Chiller Noise Study M-DCPS FL, Miami, FL 01/29/07 date Edward Dugger+Associates,Consultants in Architectural Acoustics 7152 project# Unit Type York Model Number SSS7L-46B Serial Number FOS-019 Chillers 1 &2 Measurement Position 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 db(A)Test Unit On 102 100 99 97 96 95 95 95 95 95 95 95 95 95 94 94 93 93 92 db(A)Test Unit Off 58 58 58 58 58 58 58 58 58 58 58 58 58 58 58 58 58 58 58 A-Weighted Sound Pressure Level dbA AR 98 dB or AH Octave Band Sound Pressure Levels at Key Measurement Points Key Location(1 ) Key Location(10) Key Location() Key Location() Hz Ave. Octave Test Unit On Test Unit Off Test Unit On Test Unit Off Test Unit On Test Unit Off Test Unit On Test Unit Off Band Level 63 56 29 60 29 58 125 80 43 73 43 78 250 73 50 72 50 73 500 87 58 85 58 NO MEASUREMENTS 86 CAN BE MADE AT 1000 100 59 98 59 THESE LOCATIONS 99 2000 96 54 95 54 95 4000 86 45 86 45 86 8000 72 50 71 50 71 • SPL at Distance of 30ft. = 83 dBA Tested By: Edward Dugger+Associates,P.A. Reported By:Richard W.Lee Date:01/29/07 6 • E D W A R D D U G G E R + A S S O C I A T E S , P . A . A R C H I T E C T U R A L C O N S U L T A N T APPENDIX YORK SCREW CHILLER SOUND PRESSURE LEVELS-Cooling (ARI 550) SOUND PRESSURE LEVELS FOR UNIT,WITH NO ACOUSTIC TREATMENT, STANDARD PCT LOAD OCTAVE BAND CENTER FREQUENCY, HZ A- WEIGHTED 500 1000 2000 4000 8000 DBA 63 125 250 100.0 74.0 78.0 76.0 80.0 83.0 81.0 74.0 64.0 85.0 90.0 74.0 78.0 76.0 80.0 83.0 81.0 74.0 64.0 85.0 80.0 74.0 76.0 76.0 78.0 82.0 78.0 74.0 64.0 83.0 70.0 74.0 76.0 76.0 78.0 82.0 78.0 74.0 64.0 83.0 60.0 74.0 74.0 76.0 78.0 80.0 76.0 74.0 64.0 81.0 50.0 74.0 74.0 76.0 78.0 80.0 76.0 74.0 64.0 81.0 40.0 74.0 74.0 76.0 78.0 80.0 76.0 74.0 64.0 81.0 30.0 74.0 74.0 78.0 80.0 79.0 77.0 74.0 64.0 82.0 26.0 74.0 74.0 78.0 80.0 79.0 77.0 74.0 64.0 82.0 The octave and A-Weighted sound pressure levels are the levels expected to be obtained if measurements are performed in accordance with ARI Standard 575-94, Method of measuring machinery sound within equipment rooms. Sound pressure levels are at 1 meter-dB, re 20 micro Pa. TOLERANCES:The sound level of identical unit selections can vary due to manufacturing tolerance and test repeatability.Variations of+/-3 DBA on the A-Weighted levels and +/-5 DB on the octave band levels are possible. Sound data shown is based on a YR unit with no acoustical treatment. Note: Unit has 26"Oil Seperator. Rating certified in accordance with ARI STD. 550/590. Water-chilling packages using the vapor compression cycle certification program. Compliant with ASHRAE 90.1 Materials and construction per mechanical specifications- Form 160.81-EG1. ********************** David Diaz Sales Engineer YORK,A Johnson Controls Company 305.219.4642 Cell 954.389.9675 Office X 1013 305.468.3933 eFax 4490 SW LONG BAY DRIVE PALM CITY , FLORIDA 34990 - 6019 772 - 286 - 8351 / PHONE , 561 - 658 - 6142 / FAX 7 r -,• m i