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PSA with Arpeggio Acoustic Consulting, LLC
ao17-a ? rc q PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ARPEGGIO ACOUSTIC CONSULTING, LLC FOR NOISE, ACOUSTIC AND SOUND CONSULTING SERVICES, PURSUANT TO RFQ 2017-007-AK This Professional Services Agreement ("Agreement") is entered into this 8 day of Seiterhber , 20 /7 , between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and ARPEGGIO ACOUSTIC CONSULTING, LLC, whose address is 1947 Aspen Drive, NE, Atlanta, Georgia 30345 ("Consultant"). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. City Manager's Designee: The City staff member who is designated by the City Manager to administer this Agreement on behalf of the City. The City Manager's designee shall be the Planning Department Director. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Consultant Service Order: "Consultant Service Order" shall specifically describe and delineate the particular Services which will be required of Consultant for the Project that is the subject of such order using Schedule "A" — Consultant Service Order Format, attached hereby and made part of this Agreement. Fee: Amount paid to the Consultant as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach RFQ No. 2017-007- AK for NOISE, ACOUSTIC AND SOUND CONSULTING SERVICES, together with all amendments thereto, issued by the City in contemplation of this Agreement, RFQ, and the Consultant's proposal in response thereto ("Proposal"), all of which are hereby incorporated and made a part hereof; provided, however, that in the event of an express conflict 1 between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the RFQ; and the Proposal. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305) 673-7000, Ext. 6435; and fax number(305) 673-7023. SECTION 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide the work and services described in Exhibit "A" hereto (the "Services"). Although Consultant may be provided with a schedule of the available hours to provide its services, the City shall not control nor have the right to control the hours of the services performed by the Consultant; where the services are performed (although the City will provide Consultant with the appropriate location to perform the services); when the services are performed, including how many days a week the services are performed; how the services are performed, or any other aspect of the actual manner and means of accomplishing the services provided. Notwithstanding the foregoing, all services provided by the Consultant shall be to the reasonable satisfaction of the City Manager. If there are any questions regarding the services to be performed, Consultant should contact the following person: Planning Department City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Attn: Michael Belush, Chief of Planning Email: MichaelBelush(a miamibeachfl.gov 2.2 Consultant's Services and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in the Consultant Service Order. Consultant Service Orders must include a detailed list of tasks, sub-tasks, and deliverables (Collectively the Scope) that are consistent with the work and services described in Appendix "C" of the RFQ and Exhibit "A" of this agreement. 2.3 Consultant shall only commence any Services, or portions thereof, upon issuance of a Consultant Service Order executed by the City Manager or corresponding Department's Director pursuant to the requirements in section 4.2 of this agreement. For each proposed Consultant Service Order, Consultant shall provide the City with a cost proposal on a lump sum or not-to-exceed basis, based on the fee schedule set forth in Schedule "B" hereto. SECTION 3 TERM The term of this Agreement ("Term") shall commence upon execution of this Agreement by all parties hereto, and shall have an initial term of three (3) years, with two (2), one (1) year renewal options, to be exercised at the City Manager's sole option and 2 discretion, by providing Consultant with written notice of same no less than thirty (30) days prior to the expiration of the initial term. Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines, schedules, dates, and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit A hereto. SECTION 4 FEE In consideration of the Services to be provided, Consultant shall be compensated through individual Consultant Service Order(s) issued for a particular Project, on a "Fixed Fee" or"Not to Exceed" basis determined by the hourly rates established in Schedule "B" of this Agreement, or by lump sum for the project determined by hourly rates not to exceed the rates established in Schedule "B" of this Agreement. Notwithstanding the preceding, the total fee paid to Consultant pursuant to this Agreement shall be subject to funds availability approved through the City's budgeting process. 4.1 At the time of negotiation of each Consultant Service Order, City and Contractor will determine the tasks, sub-tasks, and deliverables applicable to the Project based on the list of Services, and the lump sum or not-to-exceed amounts associated with each Consultant Service Order. To the extent any of the Services involve fees or costs for which billing rates are not specified in Schedule "B," all such fees or costs must be specifically delineated in each Consultant Service Order and accepted by the City through execution of the Consultant Service Order, pursuant to section 4.2 of this agreement. Consultant shall not commence any Services or Additional Services unless approved in writing by the City Manager or the corresponding Department's Director. 4.2 The corresponding Department Director shall have the delegated authority to execute Consultant Service Orders up to an amount not-to-exceed $50,000.00. Any Consultant Service Orders in excess of $50,000.00 must be executed by the City Manager. Any Consultant Service Order not executed in accordance herewith shall be null and void. 4.3 Reimbursable Expenses are an allowance set aside by the City and shall include actual expenditures made by the Consultant in the interest of the Project, provided such expenses are authorized in advance by the City in a Consultant Service Order. The Reimbursable Expenses allowance, as specified herein, belongs to, and shall be controlled by the City (i.e. unused portions will be retained by the City and shall not be paid to Consultant). Only approved travel-related expenses authorized by a Consultant Service Order will be reimbursed to the Consultant, in an amount not-to-exceed the agreed-upon amount reflected on the corresponding Consultant Service Order, and in accordance with City-wide Procedure OD. 20.01 (Travel on City Business), as may be updated by the City from time to time ("Reimbursable Expenses"). Notwithstanding the above, any Reimbursable Expenses must be authorized, in advance, in writing, by the City Manager or corresponding Department's Director. Invoices or vouchers for Reimbursable Expenses shall be submitted to the corresponding Department's Director (along with any supporting receipts and other 3 back-up material required to support the amount invoiced, and as requested by the corresponding Department's Director). Consultant shall certify as to each such invoice and/or voucher that the amounts and items claimed as reimbursable are "true and correct and in accordance with the Agreement." Only actual amounts incurred and paid (requiring proof of payment) by the Consultant shall be invoiced, without any markups and/or additions. 4.4 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: Accounts Payable Division Finance Department City of Miami Beach 1700 Convention Center Drive, 3rd Floor Miami Beach, FL 33139 SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of this Agreement, and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against Consultant. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY The city may also, through its city manager, and for its convenience and without cause, terminate the agreement at any time during the term by giving written notice to 4 consultant of such termination; which shall become effective within thirty (30) days following receipt by the consultant of such notice. If the agreement is terminated for convenience by the city, consultant shall be paid for any services satisfactorily performed up to the date of termination; following which the city shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this agreement. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any other person or entity acting under Consultant's control or supervision, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the Consultant's responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The parties agree that one percent (1%) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS The Consultant shall maintain and carry in full force during the Term, the following insurance: 5 1. Consultant General Liability, in the amount of$1,000,000; 2. Consultant Professional Liability, in the amount of$200,000; and 3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "B+" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All of Consultant's certificates shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy. The insurance certificates for General Liability shall include the City as an additional insured and shall contain a waiver of subrogation endorsement. Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any work and/or services commencing) and will be kept on file in the Office of the Risk Manager. The City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. The Consultant is also solely responsible for obtaining and submitting all insurance certificates for any sub-consultants. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this Section or under any other portion of this Agreement. The Consultant shall not commence any work and or services pursuant to this Agreement until all insurance required under this Section has been obtained and such insurance has been approved by the City's Risk Manager. SECTION 7 LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Consultant and the 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. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's 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 6 exceeds the sum of the compensation/fee to be paid to the Consultant pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damages from any action for breach of contract to be limited to a maximum amount of the compensation/fee to be paid to the Consultant pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of the compensation/fee to be paid to the Consultant pursuant to this Agreement, less any amounts actually paid by the City as of the date of the alleged breach, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT; AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the work and/or service contemplated herein, Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the work and/or services, Consultant shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. 9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS Any work product arising out of this Agreement, as well as all information specifications, processes, data and findings, are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Consultant, without the prior written consent of the City Manager, excepting any information, records etc. which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City, and shall not be subject to any application for copyright or patent by or on behalf of the Consultant or its employees or sub-consultants, without the prior written consent of the City Manager. 7 SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 10.2 [INTENTIONALLY DELETETD] 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless approved) shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 NON-DISCRIMINATION In connection with the performance of the Services, the Consultant shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Consultant shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 10.6 CONFLICT OF INTEREST Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami- 8 Dade County Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. Consultant covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Consultant further covenants that in the performance of this Agreement, Consultant shall not employ any person having any such interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the Employer. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of"Contractor" as defined in Section 119.0701(1)(a), the Consultant shall: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3) Ensure that public•records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Consultant does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Consultant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. 9 (2) Consultant's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or(3) avail itself of any available remedies at law or in equity. (3) A Consultant who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Consultant to compel production of public records relating to the City's contract for services, the court shall assess and award against the Consultant the reasonable costs of enforcement, including reasonable attorney fees, if: a. The court determines that the Consultant unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Consultant has not complied with the request, to the City and to the Consultant. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Consultant at the Consultant's address listed on its contract with the City or to the Consultant's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) A Consultant who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. (F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADOMIAMIBEACHFL.GOV PHONE: 305-673-7411 10 SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: ARPEGGIO ACOUSTIC CONSULTING, LLC 1947 Aspen Drive, NE Atlanta, Georgia 30345 Attn: Jesse J. Ehnert TO CITY: City Manager's Office City of Miami Beach 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 Attn: Jimmy L. Morales, City Manager WITH A COPY TO: City of Miami Beach, Planning Department 1700 Convention Center Drive Miami Beach, FL 33139 Attn: Michael Belush, Chief of Planning Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the date of receipt or refusal. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 11 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire Agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: ///7 By: R ael Gran do, City Clerk Phili. ne, Mayor Date: I I ` 10. .......... f y iNCORF1 IOW FOR CONSULTANT: • IUSTIC CONSULTING, LLC <6„ATTEST: zz,--‘ , rte '1 By: la4ficl.�/►-�"- E�.��#/ it Print Name and Title Print Name and Title Date: )1 )1 1 APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION .((O City Attorney 12Aio p 13 EXHIBIT A SCOPE OF SERVICES The Consultant shall provide Noise Acoustic, and/or Sound Consulting Services on an as- needed basis, 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. The Consultant shall provide the City with 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 "B", attached hereto. The Services will be commenced by the Consultant upon receipt of a written Consultant Services Order signed by the City Manager, or 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 regular services: A) Peer Review Standards. Consultant shall review the analysis and recommendations of the sound study (as detailed below) for compliance with accepted practices, and compliance with required scope of work. This shall include a thorough written analysis of any and all substantive summary points provided in the original study, including the attendance at one or more public hearings. Scope of Work: 1. Review the methodology used, and provide comments. 2. Review measurements for consistency (without any new measurements), and provide comments. 3. Review conclusions and recommendations, and provide comments. 4. Review and comment on any counter arguments made to the peer review by the applicant's acoustic consultant. 5. Attend one or more public hearings to present the peer review and respond to comments/questions. B) Sound Study Standards. Consultant shall 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. 14 After conclusion of analysis, awarded Proposer shall 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 to be utilized. 2. Review the existing Noise Ordinances and other applicable noise codes and standards to determine appropriate design sound levels for the project to meet. 3. Analyze data provided by applicant, such as architectural drawings, photos, and number of seats, occupant content, and a description of the proposed operations, as applicable. 4. Collect data, including measuring ambient base level, and conducting computer simulations of music, and other types of potential noise using the appropriate equipment and software: a. Take acoustical measurements on the site of the proposed venue(s), at various hours and days, including timings beyond any proposed hours of operation. At a minimum 5 days shall be recorded, Thursday through Monday, unless otherwise specified. Any exceptional event occurring during the time of the study shall be noted, such as `measurements were taken over Memorial Day weekend'. b. Take acoustical measurements of ambient sounds in the vicinity of the proposed venue(s) 5. Determine impact of proposal as it relates to the proximity of residential and hotel units. 6. Develop conclusions recommendations for mitigation including, the type of sound (i.e. ambient or other), type, size, and distribution of speakers and other sound equipment, controls, the use of sound proofing materials or methods, modifications in the architectural layout or the addition of features such as double door vestibules, patron queuing, etc. 7. Include an appendix with support documentation (i.e., analyzed data charts, specifications, photos, and videos). C) Follow-up Study Review Standards. Type 1 (Testing(s)/Meetinq(s) On-site): Consultant shall perform follow-up services to include, on-site testing(s) and attend related on-site meeting(s), after an application in which a peer review was submitted, reviewed, and the application was approved. Additionally, Consultant shall include submission of a report to verify that a sound system or venue is operating in accordance with the parameters of the approved acoustic study. Type 2 (No On-site Meeting): Consultant is not required to attend an on-site meeting for this follow-up services type, after an application in which a peer review was submitted and reviewed, and the application was approved. The Consultant shall be responsible for the review of a testing report submitted by the applicant, verifying that a sound system or venue is operating in accordance with the parameters of the approved acoustic study. 15 Type 3 (Acoustic Study Review): No public hearing review and no attendance at a land use board hearing is required under this services type. This would be the same type of review as a standard peer review, however it would not include attendance at a public hearing. 16 SCHEDULE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ARPEGGIO ACOUSTIC CONSULTING, LLC CONSULTANT SERVICE ORDER FORMAT Service Order No. for Consulting Services. TO: DATE: SCOPE OF SERVICES: Per attached proposal dated , to be considered part of this Agreement. Project Name and No: Estimated calendar days to complete this work: days Fee for this Service Order: $ The above fee is a Lump Sum or an Upset Limit (check one). Planning Project Coordinator Date Planning Assistant Director Date ARPEGGIO ACOUSTIC CONSULTING, LLC Planning Director Date City Manager Date 17 SCHEDULE B CONSULTANT COMPENSATION HOURLY BILLING RATE SCHEDULE me va j "'k •a r.- x LABOR CATEGORY' HOURLY RATE GENERAL CONSULTING SERVICES (NON- LITIGATION) $175.00 LITIGATION SERVICES $350.00 • Consultant is required to provide the description of each position working on the Consultant Service Order and the corresponding estimated hours to be approved by the City. • Hourly rates for positions not reflected in the above table will be negotiated and accepted by the City as part of the Consultant Service Order once the need for such position is identified by the Consultant and approved by the City. 18 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM RESOLUTION NO. 2017-29804 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. 2017-007-AK, FOR NOISE, ACOUSTIC AND SOUND CONSULTING SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE SOLE PROPOSER, ARPEGGIO ACOUSTIC CONSULTING LLC, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, on June 15, 2012, the Mayor and City Commission approved a contract for Noise, Acoustic and/or Sound Consulting Services, pursuant to Request for Qualifications (RFQ)#42-09/10, with Arpeggio Acoustic Consulting, LLC; and WHEREAS, the terms from that Request for Qualifications (RFQ)expired; and WHEREAS, on January 11, 2017, the City issued Request for Qualifications (RFQ) No. 2017-007-AK, as a replacement solicitation for Noise, Acoustic and Sound Consulting Services, with an opening date of February 24, 2017; and WHEREAS, fifty-seven (57) vendors were notified via public purchase of the Request for Qualifications (RFQ); and WHEREAS, thirty-five (35) vendors accessed the Request for Qualifications (RFQ) notice via public purchase; and WHEREAS, the pre-proposal meeting was publically advertised; and WHEREAS, a voluntary pre-proposal meeting was held on February 3, 2017; and WHEREAS, one (1)vendor attended the voluntary pre-proposal meeting; and WHEREAS, on February 24, 2017, the City received solely one (1) proposal from Arpeggio Acoustic Consulting, LLC; and WHEREAS, the City received one (1) Statement of "No Bid" from Edward Dugger + Associates, P.A.; and WHEREAS, on March 9, 2017, the City Manager via Letter to Commission (LTC) No. 133-2017, appointed an Evaluation Committee (the "Committee"); and WHEREAS, the Committee convened on April 6, 2017, to review and score the proposal; and WHEREAS, the Committee was provided an overview of the RFQ terms, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, general information on the proposed scope of services, and a copy of the proposal; and WHEREAS, the Committee was instructed to score and rank the proposal pursuant to the evaluation criteria established in the RFQ; and F:\PURC\$ALL\Solicitations\2017\2017-007-AK Noise,Acoustic and Sound Consulting Services\04-Commission Documents\02-Award WHEREAS, Arpeggio Acoustic Consulting, LLC, the sole proposer, was deemed qualified by the Committee; and WHEREAS, after reviewing the submission and the results of the evaluation process, the City Manager recommends that the Mayor and City Commission approve the resolution authorizing the Administration to enter into negotiations with Arpeggio Acoustic Consulting, LLC.; and WHEREAS, pursuant to Section 2-367(b), where only one (1) bid is received the City Manager may reject the bid and re-advertise, or proceed with a recommendation, and in this instance the City Manager recommends proceeding with negotiations with the sole proposer. NOW, THEREFORE, BE IT DULY 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 pertaining to the ranking of proposals, pursuant to Request for Qualifications No. 2017-007-AK (the RFQ), Noise, Acoustic and Sound Consulting Services; and authorize the Administration to enter into negotiations with Arpeggio Acoustic Consulting, LLC, the sole proposer; and further authorize the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this c2 of /Aril 2017. :S y day Phili• r ayor 4>.' ‘ f:..10'* A, /7 ATTEST: :INCORP ORATED: . V\ . z, /<01 . - %""�%"`mom%%� APPROVED AS TO Rafael E. Granado, City Clerk FORM &LANGUAGE &FOR E5,ECUTION 4 1 i City Attorney . Dote F:\PURC\$ALL\Solicitations\2017\2017-007-AK Noise,Acoustic and Sound Consulting Services\04-Commission Documents\02-Award Resolutions-C7 D MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: April 26, 2017 SUBJECT: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. 2017-007-AK, FOR NOISE, ACOUSTIC AND SOUND CONSULTING SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE SOLE PROPOSER,ARPEGGIO ACOUSTIC CONSULTING LLC., AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. RECOMMENDATION Adopt the Resolution. ANALYSIS Noise, acoustic and sound consulting services are essential to the Administration's ability to establish and maintain acceptable noise control standards, mitigating the impact of projects, events,and social gatherings on surrounding residential neighborhoods. On June 15, 2012, the Mayor and City Commission approved a contract for noise, acoustic and sound consulting services, pursuant to Request for Qualifications (RFQ) #42-09/10, with Arpeggio Acoustic Consulting, LLC. The terms from that Request for Qualifications (RFQ)expired. Subsequently, the Administration solicited proposals, by way of Request for Qualifications (RFQ) No. 2017- 007-AK, from qualified firms to assist the Planning Department staff in conducting and evaluating all types of noise generated, including music, live or recorded, amplified or non- amplified, impact from various types of music such as bass levels or use of percussion instruments,other entertainment,and ambient public noises. On January 11, 2017, the City issued Request for Qualifications (RFQ) No. 2017-007-AK,for noise, acoustic and sound consulting services. At that time,fifty-seven (57) vendors were notified via Public Purchase of the RFQ. Subsequently, thirty-five (35) vendors accessed the RFQ notice via Public Purchase.A voluntary pre-proposal conference was held on February 3, 2017, and was attended by one (1) vendor. RFQ responses were due and received on February 24, 2017. The City received one (1) proposal. The City received a proposal from the following firm: Arpeggio Acoustic Consulting, LLC. Additionally, the City received one (1) Statement of "No Bid" from Edward Dugger+Associates, P.A, indicating their workload does Page 376 of 1596 not allow for a proposal response. The Evaluation Committee appointed by the City Manager pursuant to LTC# 133-2017, convened on April 6, 2017,to consider the responsive proposal received. The Committee was comprised of Tui Munday, Senior Planner, Planning Department, City of Miami Beach; Alejandro Garavito, Senior Planner, Planning Department, City of Miami Beach; Oniel Toledo, Project Manager, Parks & Recreation Department, City of Miami Beach; Milos Majstorovic, Transportation Supervisor,Transportation Department, City of Miami Beach. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government in the Sunshine Law. The Committee was also provided with general information on the scope of services and a copy of the sole responsive proposal. The Committee was instructed to score and rank the proposal pursuant to the evaluation criteria established in the RFQ. The Committee deemed the proposal submitted by Arpeggio Acoustic Consulting to be in compliance with the requirements of the RFQ. The following is a brief summary of the qualifications of the sole ranked proposer: Arpeggio Acoustic Consulting. LLC According to the information provided by the firm, Arpeggio Acoustic Consulting, LLC, has more than eighty-five (85) years of combined practice experience providing comprehensive acoustic consulting services in the fields of architectural acoustics, community noise, mechanical and electrical system noise and vibration control, industrial noise, forensic acoustics, and expert witness testimony.As one of the largest acoustic consulting companies in the Southeast,Arpeggio has developed a strong reputation for providing both private and public entities the expertise and experience to make informed decisions about acoustic issues of all types.Arpeggio is the City's current contractor for noise, acoustic and sound consulting services. As such, Arpeggio has performed eighteen (18) sound study peer reviews since 2012, for the City of Miami Beach. Examples of specific experience with the City include the following: 1 Lincoln Road, PB 0616-0037; 601-685 Washington Avenue, PB 2320; Congress Hotel, PB 2268; Loews Hotel Lure Fishbar, PB 2086; and 850 Commerce Street, DRB 22868. CONCLUSION In reviewing the RFQ process, I find that a large number of firms, including all incumbent vendors, were provided notice of the RFQ. However, only one response to the RFQ was received. One potential proposer did respond stating that its current workload did not allow it to submit a proposal to the RFQ. Given current development activities in and around the City, this reality may have been a driving factor in the lack of responses to the RFQ, especially given that noise,acoustic and sound consulting appears to be a niche market sector with a limited number of local firms. Nonetheless,following award of this item and termination of the cone of silence, I am directing staff to conduct an industry review meeting with the purpose of identifying any additional firms in the market sector and any options for increasing the number of firms that can respond to a subsequent RFQ. After reviewing all the submissions and the results of the evaluation process, including discussions by the Evaluation Committee regarding Arpeggio's positive past performance with the City, I recommend that the Mayor and City Commission approve the Resolution authorizing the Administration to enter into negotiations with the sole qualified proposer,Arpeggio Acoustic Consulting, LLC; and further authorize the Mayor and City Clerk to execute an agreement, upon Page 377 of 1596 conclusion of successful negotiations by the Administration. KEY INTENDED OUTCOMES SUPPORTED Streamline The Delivery Of Services Through All Departments FINANCIAL INFORMATION The cost of the related services, determined upon successful negotiations, are subject to funds availability approved through the City's budgeting process. Grant funding will not be utilized for this project. Legislative Trackino Planning/Procurement ATTACHMENTS: Description ❑ Attachment A Evaluation Committee Final Ranking ❑ Resolution Page 378 of 1596 C C R � W Q J o W, V -J 0 f7 r C7 rn C m U > O O w o m w f 0) C ct C) C C @ 0 70C_ ~ rn LL. G d 0 d r_+ E C EY O U C 0 O 0 0 o W 2 C d a o E rn m M U cr l0 a. A C C 2 rn 0 f Dl C S N C g.U N c a'= J w c N W« o N U r O m 0 :_o. Q z N O N O CI w V 01 D• 2 m a s y ATTACHMENT B REQUEST FOR QUALIFICATIONS (RFQ) AND ADDENDUMS REQUEST FOR QUALIFICATIONS (RFQ) NOISE, ACOUSTIC AND SOUND CONSULTING SERVICES 2017-007-AK RFQ ISSUANCE DATE: JANUARY 11, 2017 STATEMENTS OF QUALIFICATIONS DUE: FEBRUARY 24, 2017 @ 3:00 PM ISSUED BY: MIAMI EACH Jason Crouch, Procurement Contracting Officer II PROCUREMENT DEPARTMENT 1755 Meridian Avenue; 3rd Floor, Miami Beach, FL 33139 305.673.7000 x6694 I iasoncrouch@miamibeachfl.gov I www.miamibeachfl.gov ' ti ,miAm B E AC TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 3 0300 SUBMITTAL INSTRUCTIONS & FORMAT 13 0400 EVALUATION PROCESS 15 APPENDICES: PAGE APPENDIX A RESPONSE CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 17 APPENDIX B "NO BID" FORM 24 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 26 APPENDIX D SPECIAL CONDITIONS 29 APPENDIX E INSURANCE REQUIREMENTS 32 APPENDIX F CONTRACT 34 2 RFQ 2017-007-AK /'AlA M IBEACH SECTION 0200 INSTRUCTIONS TO RESPONDENTS&GENERAL CONDITIONS 1. GENERAL.This Request for Qualifications (RFQ) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposer to submit their qualifications, proposed scopes of work and cost Statement of Qualifications (the "proposal")to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposer and, subsequently,the successful proposer(s) (the"contractor[s]") if this RFQ results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any prospective proposer who has received this RFQ by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City of Miami Beach (the City) seeks proposals from parties interested in providing the City with Noise Acoustic, and/or Sound Consulting Services. It is the intent of the Administration to use the RFQ process to select firms who are qualified to provide services, on a continuing as-needed basis, in each of the categories of professional specialization detailed in Appendix C. When professional services are required, a proposed project will be analyzed in terms of the predominant professional specialty required, and the best qualified firm, as solely determined by the City Manager or the Planning Director,will be selected from the appropriate specialization list. The services required under this RFQ are not under the purview of Section 287.055, Florida Statutes, commonly known as the Consultant's Competitive Negotiation Act(CCNA). 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: Solicitation Issued January 11, 2017 Pre-Submittal Meeting February 3, 2017 @ 10:00 am Deadline for Receipt of Questions February 10,2017 at 5:00 pm Responses Due February 24, 2017 @ 3:00 pm Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing TBD Negotiations Contract Negotiations Following Commission Approval 3 RFQ 2017-007-AK REQUEST FOR QUALIFICATIONS (RFQ` NOISE, ACOUSTIC AND SOUND CONSULTING SERVICES 2017-007-AK RFQ ISSUANCE DATE: JANUARY 11, 2017 STATEMENTS OF QUALIFICATIONS DUE: FEBRUARY 24, 2017 @a 3:00 PM ISSUED BY: MLAMIBEAJason Crouch, Procurement Contracting Officer II PROCUREMENT DEPARTMENT 1755 Meridian Avenue; 3rd Floor, Miami Beach, FL 33139 305.673.7000 x6694 I iasoncrouch@miamibeachfl.gov I www.miamibeachfl.gov MIAMI EACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 3 0300 SUBMITTAL INSTRUCTIONS & FORMAT 13 0400 EVALUATION PROCESS 15 APPENDICES: PAGE APPENDIX A RESPONSE CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 17 APPENDIX B "NO BID" FORM 24 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 26 APPENDIX D SPECIAL CONDITIONS 29 APPENDIX E INSURANCE REQUIREMENTS 32 APPENDIX F CONTRACT 34 2 RFQ 2017-007-AK fa MIAMI BEACH SECTION 0200 INSTRUCTIONS TO RESPONDENTS&GENERAL CONDITIONS 1. GENERAL.This Request for Qualifications (RFQ) is issued by the City of Miami Beach, Florida (the"City"), as the means for prospective Proposer to submit their qualifications, proposed scopes of work and cost Statement of Qualifications (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposer and, subsequently, the successful proposer(s) (the"contractor[s]") if this RFQ results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any prospective proposer who has received this RFQ by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City of Miami Beach (the City) seeks proposals from parties interested in providing the City with Noise Acoustic, and/or Sound Consulting Services. It is the intent of the Administration to use the RFQ process to select firms who are qualified to provide services, on a continuing as-needed basis, in each of the categories of professional specialization detailed in Appendix C. When professional services are required, a proposed project will be analyzed in terms of the predominant professional specialty required, and the best qualified firm, as solely determined by the City Manager or the Planning Director,will be selected from the appropriate specialization list. The services required under this RFQ are not under the purview of Section 287.055, Florida Statutes, commonly known as the Consultant's Competitive Negotiation Act(CCNA). 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: Solicitation Issued January 11, 2017 Pre-Submittal Meeting February 3, 2017 @ 10:00 am Deadline for Receipt of Questions February 10,2017 at 5:00 pm Responses Due February 24, 2017 @ 3:00 pm Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing TBD Negotiations Contract Negotiations Following Commission Approval 3 RFQ 2017-007-AK C.1 M AM BEACH 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: Jason Crouch 305.673.7000 x6694 'asoncrouch• miamibeachfl.•ov dditionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado(a.miamibeachfl.gov; or via facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than seven (7) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. Balance of Page Intentionally Left Blank RFQ 2017-007-AK 4 AM BEACH 5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or site visit(s) may be scheduled. A Pre-PROPOSAL conference will be held as scheduled in Anticipated RFQ Timetable section above at the following address: City of Miami Beach Procurement Department,3rd Floor 1755 Meridian Avenue Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 5804578 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFQ expressing their intent to participate via telephone. 6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. Any prospective proposer who has received this RFQ by any means other than through PublicPurchace must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal. Written questions should be received no later than the date outlined in the Anticipated RFQ Timetable section. 7. CONE OF SILENCE. This RFQ is subject to, and all proposers are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov RFQ 2017-007-AK 5 M A ';t BEACH 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.Qov/procurement/scroll.aspx?id=23510 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2-410 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 9. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 10. COMPLAINCE WITH THE CITY'S LOBBYIST LAWS. This RFQ is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their responses, in the event of such non-compliance. 11. DEBARMENT ORDINANCE: This RFQ is subject to, and all proposers are expected to be or become familiar with, the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code. 12. WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS. This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their responses, in the event of such non-compliance. 13. CODE OF BUSINESS ETHICS. Pursuant to City Resolution No.2000-23879, the Proposer shall adopt a Code of Business Ethics ("Code") and submit that Code to the PROCUREMENT DEPARTMENT with its response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. RFQ 2017-007-AK 6 M AMI BEAC 14. AMERICAN WITH DISABILITIES ACT (ADA). Call 305-673-7490 to request material in accessible format; sign language interpreters(five (5)days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673- 7000, Extension 2984. 15. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Proposers through PublicPurchase. 16. PROTESTS. Proposers that are not selected may protest any recommendation for selection of award in accordance with eh proceedings established pursuant to the City's bid protest procedures, as codified in Sections 2- 370 and 2-371 of the City Code (the City's Bid Protest Ordinance). Protest not timely made pursuant to the requirements of the City's Bid Protest Ordinance shall be barred. 17. NOT USED. 18.VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section 2-374, the City shall give a preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest responsive, responsible proposer, by providing such proposer an opportunity of providing said goods or contractual services for the lowest responsive proposal amount (or in this RFQ, the highest proposal amount). Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more proposers which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest proposal pursuant to an RFQ or oral or written request for quotation, and such proposals are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 19. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of Proposals, will be considered by the City Manager who may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1)The ability, capacity and skill of the Proposer to perform the contract. (2)Whether the Proposer can perform the contract within the time specified,without delay or interference. (3)The character, integrity, reputation,judgment, experience and efficiency of the Proposer. (4)The quality of performance of previous contracts. (5)The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. RFQ 2017-007-AK 7 20. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the City; and executed by the parties. 21. PostponementlCancellationlAcceptancelReiection. The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities in this RFQ, or in any responses received as a result of this RFQ. Reasonable efforts will be made to either award the proposer the contract or reject all proposals within one-hundred twenty(120) calendar days after proposal opening date. A proposer may withdraw its proposal after expiration of one hundred twenty (120) calendar days from the date of proposal opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the contract by the City Commission. 22. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. 23. COSTS INCURRED BY PROPOSERS.All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. 24. RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 24. OCCUPATIONAL HEALTH AND SAFETY. In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this proposal must be accompanied by a Material Safety Data Sheet(MSDS)which may be obtained from the manufacturer. 25. ENVIRONMENTAL REGULATIONS. The City reserves the right to consider a proposer's history of citations and/or violations of environmental regulations in investigating a proposer's responsibility, and further reserves the right to declare a proposer not responsible if the history of violations warrant such determination in the opinion of the City. Proposer shall submit with its proposal, a complete history of all citations and/or violations, notices and dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the Proposer that there are no citations or violations. Proposer shall notify the City immediately of notice of any citation or violation which proposer may receive after the proposal opening date and during the time of performance of any contract awarded to it. RFQ 2017-007-AK 8 MIM BEACH 26.TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 27. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFQ. Failure to do so will be at the Proposer's risk and may result in the Proposal being non-responsive. 28. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and are properly invoiced. Invoices must be consistent with Purchase Order format. 29. COPYRIGHT, PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the Proposer uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 30. DEFAULT: Failure or refusal of the selected Proposer to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. 31. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from responsibility. Proposer agrees that the services provided shall be provided by employees that are educated,trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a material breach of this contract. Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the Proposer, or its officers, employees, contractors, and/or agents,for failure to comply with applicable laws. 32. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 33. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. RFQ 2017-007-AK 9 0 MI AAA E . 34. DEMONSTRATION OF COMPETENCY. The city may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) in making an award that is in the best interest of the City, including: A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract. B. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this solicitation. C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance(experience), in making an award that is in the best interest of the City. F.The City may require Proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier,which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. 35. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 36. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. 37. OPTIONAL CONTRACT USAGE. When the successful Proposer(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 38. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 39. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation; then B. Addendum issued for this solicitation,with the latest Addendum taking precedence; then C. The solicitation;then D. The Proposer's proposal in response to the solicitation. RFQ 2017-007-AK 10 M AM BEACH 40. INDEMNIFICATION. The Proposer shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors. The contractor 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 be incurred thereon. The Proposer expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 41. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded.Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 43. OBSERVANCE OF LAWS. Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFQ (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. 44. CONFLICT OF INTEREST. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member(spouse, parent, sibling, and child)who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. RFQ 2017-007-AK 11 M, AM 1 BEACH 45. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 46. EXCEPTIONS TO RFQ. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFQ, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFQ to which Proposer took exception to (as said term and/or condition was originally set forth on the RFQ). Notwithstanding the above, the City shall not consider exceptions or modifications requested to the attached contract's terms and conditions. 48. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 49. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from Proposers at any time during the RFQ solicitation process. 50. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order(or Change Order if Purchase Order already exists). In some cases,the City may deem it necessary to add additional items through a formal amendment to the Contract, to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. Balance of Page Intentionally Left Blank RFQ 2017-007-AK 12 MIAM, BEACH SECTION 0300 SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Statement of Qualifications (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, proposer name, proposer return address. Statement of Qualifications received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE BIDS. Statement of Qualifications are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of Statement of Qualifications will be considered late and not be accepted or will be returned to proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. 3. STATEMENTS OF QUALIFICATIONS FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of Statement of Qualifications, it is strongly recommended that Statement of Qualifications be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Statement of Qualifications that do not include the required information will be deemed non-responsive and will not be considered. TAB 1 Cover Letter&Minimum Qualifications Requirements 1.1 Cover Letter and Table of Contents.The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. 1.2 Response Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. 1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum qualifications requirements established in Appendix C, Minimum Requirements and Specifications. TAB 2 Experience&Qualifications 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience and proven track record of providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies. For each project that the proposer submits as evidence of similar experience, the following is required: project description, agency name, agency contact, contact telephone & email, and year(s)and term of engagement. 2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for projects if awarded, the role that each team member will play and each team members' qualifications.A resume of each individual, including education, experience, and any other pertinent information, shall be included for each respondent team member to be assigned to this contract. 2.3 Financial Capacity. Each proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer.The Proposer shall request the SQR report from D&B at: https://supplierportal.dnb.comtwebapp/wcs!stores!servlet/SupplierPortal?storeld=11696 Proposals are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun&Bradstreet at 800-424-2495. 13 RFQ 2017-007-AK TAB 3 Approach and Methodology Submit detailed information on the approach and methodology of how the proposer plans to accomplish the scope of services outlined in the RFQ. Include detailed information on which services are to be provided in-house and which services would be provided through a sub-consultant. Note: After proposal submittal, the City reserves the right to require additional information from Proposer (or proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). Balance of Page Intentionally Left Blank RFQ 2017-007-AK 14 111 M AM BEACH SECTION 0400 STATEMENTS OF QUALIFICATIONS EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the requirements set forth in the solicitation. If further information is desired, Proposals may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of Statement of Qualifications will proceed in a two-step process as noted below. It is important to note that the Evaluation Committee will score the qualitative portions of the Statement of Qualifications only. The Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 &Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. In the event that only one responsive proposal is received, the City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFP, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. The City, in its discretion, may utilize technical or other advisers to assist the evaluation committee in the evaluation of proposals. 2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may review and score all proposals received, with or without conducting interview sessions. Step 1 -Qualitative Criteria Maximum Points Experience and Qualifications 70 Approach and Methodology 30 TOTAL AVAILABLE STEP 1 POINTS 100 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposer may receive additional quantitative criteria points to be added by the Department of Procurement Management to those points earned in Step 1, as follows. Step 2-Quantitative Criteria Veterans Preference 5 TOTAL AVAILABLE STEP 2 POINTS 5 15 RFQ 2017-007-AK eA i'\/k i'\/kI A',', 5I,BEACH 4. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Department of Procurement Management. Step 1 and 2 scores will be converted to rankings in accordance with the example below: Proposer Proposer Proposer A B C Step 1 Points 82 76 80 Step 2 Points 22 15 12 Committee Total 104 91 92 Member:1 Rank 1 3 2 Step 1 Points 79 85 72 Step 2 Points 22 15 12 Committee Total 101 100 84 Member 2 _ Rank 1 2 3 Step 1 Points 80 74 66 Step 2 Points 22 15 12 Committee Total 102 89 78 . Member 2 Rank 1 , 2 3 Low Aggregate Score 3 7 8 Final Ranking* 1 2 3 * Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. RFQ 2017-007-AK 16 APPENDIX A 0. A I BEACH Response Certification , Questionnaire & Requirements Affidavit NOISE, ACOUSTIC AND SOUND CONSULTING SERVICES 2017-007-AK PROCUREMENT DEPARTMENT 1755 Meridian Avenue; 3rd Floor Miami Beach, Florida 33139 RFQ 2017-007-AK 17 Solicitation No: RFQ 2017-007-AK Solicitation Title: Noise,Acoustic and Sound Consulting Services Procurement Contact: Tel: Email: Jason Crouch 305 673-7000 Ext.6694 jasoncrouch@miamibeachfl.gov STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from Proposals in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. REQ 2017-007-AK 1 8 1. Veteran Owned Business. Is Proposer claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest.All Proposers must disclose,in their Proposal,the name(s)of any officer,director,agent,or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly, an interest of ten (10%)percent or more in the Proposer entity or any of its affiliates 3. References&Past Performance. Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 4. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non- erformance by an ublic sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 6. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Department of Procurement Management with its proposal/response or within five (5)days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics,Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurement/. RFQ 2017-007-AK 19 7. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers shall be required to pay all employees who provide services pursuant to this Agreement,the hourly living wage rates listed below: • Commencing with City fiscal year 2012-13(October 1,2012),the hourly living rate will be$11.28/hr with health benefits,and$12.92/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers(CPI-U)Miami/Ft.Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding,no annual index shall exceed three percent(3%).The City may also,by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same(in a particular year). Proposers'failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance,as amended. Further information on the Living Wage requirement is available at www.miamibeachfl.gov/procurementl. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees to the living wage requirement. 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee.Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. RFQ 2017-007-AK 20 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 10. Non-Discrimination.Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code, including the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race,color, national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 11. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 12. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. t FQ 2017-007-AK 21 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience. Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion,the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject Statement of Qualifications,and may accept Statement of Qualifications which deviate from the solicitation,as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the applicant's affiliates,officers,directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposals. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposals should rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation, express or implied,as to its content, its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. This solicitation is made subject to correction of errors, omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposals will be bound only as, if and when a Statement of Qualifications, as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Statement of Qualifications and supporting documents shall be subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of Qualifications,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Statement of Qualifications is true,accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposals agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. RFQ 2017-007-AK 22 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of FLORIDA ) On this day of ,20_,personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of Florida My Commission Expires: . RFQ 2017-007-AK 23 APPENDIX B 6:1- A I BEACH " No Bid " Form RFQ 2017-007-AK NOISE, ACOUSTIC AND SOUND CONSULTING SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue; 3rd Floor Miami Beach, Florida 33139 Note: /o-" rr✓� r / A3rr T%r r yi r /� r r /�:Y No e t is important for those vendors who have received notification o� this solicitation but have decided not to rpond,to complete and submit the, attached "Statement of No Bid." The "Statemento No Bide provides the city with information on howr to improve the solicitation process Failure s ' mi a "Statement of No Bid" may result in not being notified €f futurelic solicitations by the City. yif j RFQ 2017-007-AK 24 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal _Insufficient time to respond _Specifications unclear or too restrictive _ Unable to meet specifications _Unable to meet service requirements Unable to meet insurance requirements Do not offer this product/service _OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: JASON CROUCH, CONTRACTING OFFICER II STATEMENTS OF QUALIFICATIONS #2017-007-AK 1755 MERIDIAN AVENUE, 3RD FLOOR MIAMI BEACH, FL 33139 RFQ 2017-007-AK 25 APPENDIX C Minimum Requirements & Specifications RFQ 2017-007-AK NOISE, ACOUSTIC AND SOUND CONSULTING SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue; 3rd Floor Miami Beach, Florida 33139 RFQ 2017-007-AK 26 A . Arpeggio Acoustic Consulting, LLC bb February 15, 2017 Mr.Jason Crouch Procurement Contracting Officer II City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Re: Qualification Submittal for RFQ#2017-007-AK For Noise,Acoustic and Sound Consulting Services Dear Mr. Crouch: We appreciate the opportunity to submit our qualifications in response to this RFQ for noise,acoustic and sound consulting services.We have enjoyed providing these services to the City of Miami Beach over the last 4-1/2 years and look forward to the opportunity to continue to do so. As part of this submittal,Arpeggio hereby states that it will adopt,as required by City Resolution No.2000- 23879,the City of Miami Beach Code of Ethics. Please feel free to contact me, Jesse Ehnert, the primary contact, at 404-277-6528 or jehnert@arpeggioacoustics.com if you have any questions or need additional information. Sincerely,c.o...,,, 4 Q9— Jesse J. Ehnert Arpeggio Acoustic Consulting, LLC 1 Qualification Submittal for City of Miami Beach RFQ#2017-007 AK Arpeggio Arpeggio Acoustic Consulting, LLC Contents 1.1 Cover Letter and Table of Contents 1 1.2 Response Certification,Questionnaire& Requirements Affidavit 3 1.3 Minimum Qualifications Requirements 9 2.1 Qualifications of Proposing Firm 10 2.2 Qualifications of Proposer Team 15 2.3 Financial Capacity 17 3 Approach and Methodology 21 2 Qualification Submittal for City of Miami Beach RFQ#2017-007-AK A Arpegglo Acoustic Consulting, LLC Arpeggio - 1.2 Response Certification, Questionnaire & Requirements Affidavit Solicitation No: RFQ 2017-007-AK 1 Solicitation Title: Noise,Acoustic and Sound Consulting Services Procurement Contact Tel: Email: Jason Crouch 305 673-7000 Ext.6694 jasoncrouch@miamibeachtl.gov STATEMENTS OF QUALIFICATIONS CERTIFICATIQft QUESTIONNAIRE 8,REQUIREMENTS AFFIDA‘v1- Purpose: The purpose of this Response Certificadon,Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitation and contractual requirements,and to collect necessary information from Proposals in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated.This Statement of Qualifications Certification,Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. ' FIRM NAME; A rtgr6_, LC a- 0 AL No of Years in Business: /6. I No of Yeats in Business Locally. /6-5— (CAA-'1 OTHER fLAME(S)PROPA5T4RAS OPERATED UNDER IN THE LAST 10 YEARS FIRM PRIMARY ADDRESS(kIEADQUARTE%%: 1c11-179LT VRiVt?, CITY: A STATE ZR CODE :303,45— TELEFII'D'IEN°I'104-;/77-t.-52.51 T CU FREE NO: KAA FAX NO.: FIRM LOCAL A00RE4A A)/ 1 CITY: I STATE: ZIP CODE: PRMARY ACCOUN REPRENTATOIE FOR THIS ENGAGEMENT: JI . E)4 klt-P T- 1 ACCOUNT REP TELEPI-fONE NO OA ACCOUNT REP TColj. FREE NO.: IA ACCOUNT REP E&4,..,,..70.,r_ A ftee. c.,..icAc ,:57.1cs,c FEDERAL TAX IDENTIFICATION NO: ,5Thg 5 t The City reserves the right to seek additional information from proposer or other source(s),including but not limited to:any firm or principal information, applicable licensure, resumes of relevant individuals, client information,financial information, or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. 18 3 Qualification Submittal for City of Miami Beach RFQ#2017-007-AK Jr y glo Arpeggio AcoListic Consulting, LLC 1. Veteran Owned Business.Is Pro oser claiming a veteran owned business status? YES TT NO SUBMITTAL.REQUIREMENT:Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest.All Proposers must disclose,in their Proposal,the name(s)of any officer,director,agent,or immediate family member(spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Further,all Proposers must disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. 1,1 jA SUBMITTAL REQUIREMENT:Proposers must disclose the name(s)of any officer,director,agent,or immediate family member (spouse,parent.sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates 3. References&Past Performance.Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted,the following information is required: 1)Firm Name,2)Contact Individual Name&Title.3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Suppe of Services Provided. 4. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due torzil-ptrformance by p12y1)lic sector agency? YES NO SUBMITTAL REQUIREMENT:If answer to above is'YES,'Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions.Proposers are expected to be or become familiar with,the City's Campaign Finance Reform laws,as codified in Sections 2-487 through 2-490 of the City Code.Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT:Submit the names of all individuals or entities(including your sub-consultants)with a controlling financial interest as defined in solicitation.For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach, It1/4,1 S. Code of Business Ethics.Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics('Code)and submit that Code to the Department of Procurement Management with its proposal/response or within five(5)days upon receipt of request The Code shall,at a minimum,require the Proposer,to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County, SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics,Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available atwww,miamibeachfl.gov/procurementJ. e eR LE-rrER 19 4 I Qualification Submittal for City of Miami Beach RFQ#2017-007-AK Arpeggio Arpeggio Acoustic .on s.,tng, 7. Living Wage.Pursuant to Section 2-408 of the Miami Beach City Code,as same may be amended from time to time,Proposers shall be required to pay all employees who provide services pursuant to this Agreement,the hourly living wage rates listed below: Commencing with City fiscal year 2012-13(October 1,2012),the hourly living rate will be$11.28/hr with health benefits,and$12.92/lar without benefits. The living wage rate and health care benefits rate may,by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for ail Urban Consumers(CPI-U)Miami/Ft.Lauderdale,issued by the U.S.Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding,no annual index shall exceed three percent(3%).The City may also,by resolution,elect not to index the living wage rate in any particular year,if it determines it would not be fiscally sound to implement same(in a particular year). Proposers'failure to comply with this provision shall be deemed a material breach under this proposal,under which the City may, at its sole option,immediately deem said Proposer as non-responsive,and may further subject Proposer to additional penalties and fines,as provided in the City's Living Wage Ordinance,as amended. Further information on the Living Wage requirement is available at veavemiamibeachfi.gov/procurement/. SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees to the living wage requirement, 8. Equal Benefits for Employees with Spouses and Employees ,:f I " estic Partners.When awarding competitively solicited contracts valued at over 5100,000 whose contractors maintai/(51 or more full me emp o ey_toiiin their payrolls during 20 or more calendar work weeks,the Equal Benefits for Domestic Partneri—Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach,who are awarded a contract pursuant to competitive proposals,to provide'Equal Benefits to their employees with domestic partners,as they provide to employees with spouses. The Ordinance applies to at employees of a Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractor's employees located in the United States,but outside of the City of Miami Beach limits,who are directly performing work on the contract within the City of Miami Beach. i\';IA Armyc ..,b ,.,..,(1 -c,,,R... p,,,,,,, TA5 ,,,,,,i el C A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? I i YES i I NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partnere or to domestic partners of employees? YES I I NO C. Please check all benefits that apply to your answers above and list in the 'other" section any additional benefits not already specified.Note:some benefits are provided to employees because they have a spouse or domestic partner,such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners , Health Sick Leave ill Family Medical Leave . Bereavement Leave l If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g.,there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance,To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager,or his designee.Approval is not guaranteed and the City Managers decision is final.Further information on the Equal Benefits requirement is available at www.miamibeachff.gov/procurement/. z 0 5 I Qualification Submittal for City of Miami Beach RFQ#2017-007-AK Arpeggio Arpeggio Acoustic Consulting, LLC 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal,proposal,or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals.proposals,or replies on leases of real properly to a public entity;may not be awarded or perfomi work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in s, for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT:No additional submittal is required,By virtue of executing this affidavit document,Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor iist. 10, Non-Discrimination,Pursuant to City Ordinance No.2016-3990.the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a)of the City Code,including the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race,cotor,national origin,religion,sex,intersexuality,gender identity.sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 11. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi, Pursuant to Resolution 2016-29375. the City of Miami Beach. Florida, prohibits official City travel to the states of North Carolina and Mississippi,as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi,nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT:No additional submittal is required,By virtue of executing this affidavit document,Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 12 Acknowledgement of Addendum. After issuance of solicitation,the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation,This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. ,axial to Calm axial to Confirm initial to Cent an Receipt Receipt . Recent Addendum 1 1 Addendum 6 Addendum 11 Addendum 2 j I Addendum 7 Addendum 12 Addendum 3 I Addendum 8 Addendum 13 I Addendum 4 Addendum 9 Addendum 14 i Addendum 5 ; Addendum 10 ; Addendum 15 If additional confirmation of addendum is required,submit under separate cover. 21 6 I Qualification Submittal for City of Miami Beach RFQ#2017-007-AK At F-)cuato Arpeggio Acoustic Consulting, LLC DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach(the*City")for the recipient's convenience. Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation,or in making any award,or in tailing or refusing to make any award pursuant to such Statement of Qualifications,or in cancelling awards,or in withdrawing or cancelling this solicitation;either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion,the City may withdraw the solicitation either before or after receiving Statement of Qualifications,may accept or reject Statement of Qualifications,and may accept Statement of Qualifications which deviate from the solicitation,as it deems appropriate and in its best interest.In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications,the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the applicant's affiliates,officers,directors.shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposals It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of arty information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk.Proposals should rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content,its accuracy,or its completeness.No warranty or representation is made by the City or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally retying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof,Any Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. This solicitation is made subject to correction of errors,omissions,or withdrawal from the market without notice.information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposals will be bound only as,if and when a Statement of Qualifications,as same may be modified,and the applicable definitive agreements pertaining thereto,are approved and executed by the parties,and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Statement of Qualifications and supporting documents shall be subject to disclosure as required by such law.All Statement of Qualifications shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes,until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposals are expected to make all disclosures and declarations as requested in this solicitaton. By submission of a Statement of Qualifications,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Statement of Qualifications,and authorizes the release to the City of any and ail information sought in such inquiry or investigation.Each Proposer certifies that the information contained in the Statement of Qualifications is true,accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposals agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation,or any response thereto.or any action or inaction by the City with respect thereto,such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however,shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance ot the solicitation,it is understood that the provisions of this Disclosure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. RFQ 2017-007-AK 22 7 Qualification Submittal for City of Miami Beach RFQ#2017-007-AK • . . Arpeggio Arpeggio Acoustic Consulting, LLC PROPOSER SERTIF:.._',,ATIC'; I hereby certify that I,as an authorized agent of the Proposer,am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation,all attachments,exhibits and appendices and the contents of any Addenda released hereto; , and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications,terms and conditions contained in the solicitation,and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted;Proposer has not divulged; discussed,or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal;proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws;all responses,data and information contained in this proposal, inclusive of the Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of proposer's Authorized Representative: Tee at Proposer's Aulhodzed Papreserdathee: Te$5e.T kier-+ 1 Pre.sa p4 • sr. of P;oposer's Authorzed Representre: . q Q -- 4 Cate 1 (6117 Ct'n.•`• State of 7terRIO4 ) tt:ir On this day of - 20n,personally appeared before me ale 4 who County of Fd.L ) stated that(s)he is the ovq.c of tkrpelglii, ,a corporation,and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed.Before me: Notary Public for the State of iii.td-- , ..... — — — ....— ... ..._ — .... ... . • My Commission Expires: ) ii 1,1.r4,c • t IMCNAEL DEMITA I Notary Public-State of Georgia 4 Fulton County I 4 My Commission Expires Mar 17,2020 • 23 .,,,......i.......,, 8 I Qualification Submittal for City of Miami Beach RFQ#2017-007-AK c (,)-( -10 A / Arpeggio Acoustic Consulting, LLC 1.3 Minimum Qualifications Requirements We are excited at the opportunity to provide acoustic consulting services for the City of Miami Beach,for whom we have performed eighteen sound study peer reviews since 2012. These applications are listed below. In addition to this specific experience with the City of Miami Beach,we have significant experience with performing sound studies, including site acoustic measurements and computer modeling related to various sources, including amphitheaters, performance venues, and industrial activities to assess community impact.Three projects are highlighted in Section 2.1. Given the size of our company and the breadth of expertise we possess,we are more than capable to complete any projects requested of us. Specific Experience with the City of Miami Beach: 1 Hotel South Beach, PB 0616-0035 Congress Hotel, PB 2268 1 Lincoln Road, PB 0616-0037 Faena Saxony Hotel, PB 2173 601-685 Washington Avenue, PB 2320 Haddon Hall and Campton Apartments, PB 2311 655 Washington Avenue, PB 2116 Loews Hotel Lure Fishbar, PB 2086 850 Commerce Street, DRB 22868 Mondrian Hotel, PB 1898 915-955 Washington Avenue, PB 0616-0033 Senor Frog, PB 2192 1601 Drexel Avenue, PB 16-0066 South Beach Hotel, PB 2129 1663-1675 James Avenue, PB 2162 Sweet Liberty, PB 2278 Bagatelle Bistro, PB 2277 Thompson Hotel, PB 2136 9 Qualification Submittal for City of Miami Beach RFQ#2017-007-AK r e(-1 to A p I Arpeggio Acoustic Consulting, LLC 2,1 Qualifications of Proposing Firm Arpeggio Acoustic Consulting, LLC is a five-member firm which draws upon more than 85 years of combined practice to provide comprehensive acoustic consulting services in the fields of architectural acoustics, community noise, mechanical and electrical system noise and vibration control, industrial noise, forensic acoustics, and expert witness testimony. As one of the largest acoustic consulting companies in the Southeast,we have developed a strong reputation for providing both private and public entities the expertise and experience to make informed decisions about acoustic issues of all types.Whether our client's concerns are the quality of acoustics within a space or sound propagation to the surrounding community, we offer a full range of acoustical consulting services to address the client's needs—acoustic design, computer modeling predictions, and field measurements. In addition,we are proud members of the National Council of Acoustical Consultants (NCAC). In addition to our extensive history in performing sound study peer reviews, as discussed in the Minimum Qualifications Requirements section,we offer the following list as a sample of projects that underscore our relevant experience. Following three highlighted projects,other relevant projects are briefly described. Highlighted Projects Various Projects,Miami Beach,Florida Starting in August 2012 and continuing to the present, Arpeggio has been retained by the City of Miami Beach to perform sound study peer review services identical to those being called for in this Request for Qualifications. During that time, we have been involved in eighteen applications which are listed in Section 1.3 of this submittal. For each of those applications,we have reviewed the sound study as well as associated operational plans and other documentation, have requested that additional noise surveys be performed and information be provided, and attended one or more meetings in Miami Beach. Over this course of time,we have visited project sites and have become very familiar with the various areas of Miami Beach and their associated soundscapes. Agency: Miami Beach Planning Department 1700 Convention Center Drive, Miami Beach, Florida 33139 Agency contact: Mr. Michael Belush, Senior Planner MichaelBelush@miamibeachfl.gov, 305-673-7000 x 6258 Term of engagement: August 2012 to present 10 1 Qualification Submittal for City of Miami Beach RFQ#2017-007-AK Ar -)co-o-io Arpeggio Acoustic Consulting, LLC .t. / Marriott at Penn Square,Lancaster,Pennsylvania In June 2016, Arpeggio was retained to facilitate with the design of a 12-story, 100- guestroom addition to a hotel in a busy downtown area in Lancaster, Pennsylvania. Of particular concern was the potential impact upon new guestrooms of an Irish pub/nightclub and concert venue directly across an alley from the addition. Services included site measurements of environmental noise levels during performances at the venue as well as physical investigation of the music venue activities and construction. Utilizing collected data and proposed hotel plans, we proposed design options and provided assessments of transmitted sound levels for the various options. Agency: Cooper Carry 191 Peachtree Street,Suite 2400,Atlanta, Georgia 30303 Agency contact: Mr.T.Jack Bagby,Senior Associate tiackbagbvPcoopercarrv.com, 678-539-4613 Term of engagement: June 2016 to present Newtown Park Amphitheater,Johns Creek, Georgia In 2015, Arpeggio was retained to perform a noise study of the popular Newtown Park Amphitheater which had been generating complaints from nearby neighbors during its Summer concert series. As part of our scope of work, we performed a long-term ambient noise survey encompassing various locations near property lines between the park and affected neighbors. Additionally, we performed a survey of one concert at the aforementioned locations as well as additional locations.We analyzed all collected data and prepared a report detailing the findings of our surveys and interpretation with respect to the local noise ordinance.While preparation of mitigation measures,if needed,was a part of our potential scope of services, it was found that no mitigation was required. Agency: City of Johns Creek 12000 Findley Road,Suite 400,Johns Creek, Georgia 30097 Agency contact: Mr. Kirk Franz, Recreation Manager Kirk.Franz@iohnscreekga.gov,678-512-3200 Term of engagement: July 2015 11 Qualification Submittal for City of Miami Beach RFQ#2017-007-AK r -)ecrcrio A f I Arpeggio Acoustic Consulting, LLC Other Relevant Projects 13-17 West Bay Street,Savannah,Georgia. Preliminary recommendations for a live music venue located under residential units. 250 Williams Data Center,Atlanta,Georgia.Assessment of potential community noise impact of the installation of mechanical and electrical equipment, including generators and chillers, on a downtown Atlanta rooftop associated with a new data center, including pre-installation site noise survey. 455 East Paces Ferry Road, Atlanta, Georgia. Measurement and recommendations concerning preschool noise transmission to an adjacent office building. Anthony's Restaurant, Atlanta, Georgia. Community noise monitoring and reporting relating to litigation between a restaurant and residential neighbor. The Artisan, Decatur, Georgia. Guidance with mitigating amenity area noise transmission to residential units below in a condominium setting. Bark-a-ritaville,Atlanta, Georgia. Investigation and analysis of potential community impact of a dog kennel in response to zoning requirements. Buckhead Square Phase II,Atlanta,Georgia. Consultation regarding the design and construction of a 22,000 square foot restaurant/nightclub located directly below commercial spaces and near a residential community. Children's Healthcare of Atlanta,Egleston,Atlanta,Georgia. Community noise survey to identify and characterize the impact of various noise sources on a nearby community. Colony Square,Atlanta, Georgia. Study of noise and vibration issues encountered in a multiuse facility housing a fitness center in close proximity to commercial and residential spaces. Diamond Back Motocross Park, Resaca, Georgia. Community noise study to assess the impact of a motocross track on nearby residences. Earthshaking Music, Atlanta, Georgia. Consultation related to the design of a band rehearsal facility attached to a music store and the potential for sound transmission to the immediately adjacent residential community. 12 Qualification Submittal for City of Miami Beach REQ#2017-007-AK ArpeggioArpeggio Acoustic Consulting, LLC Fado Irish Pub, Atlanta, Georgia. Consultation regarding rooftop patio noise at a restaurant located near a high-rise condominium. Home Depot, Atlanta, Georgia. Community noise monitoring to characterize and assess the impact of commercial activities on the adjacent residential neighborhood and interpretation with relation to the Atlanta Noise Ordinance. Preparation of expert report and delivery of deposition. Houston Medical Center, Warner Robbins, Georgia. Acoustic consultation for a new central energy plant including a 1600 square foot diesel emergency generator room housing two 1000 kW generators, two 500 horsepower boilers, two 800 ton chillers, and one 1000 ton chiller as well as three 1000 ton cooling towers located external to the building and near residences. Imagine Wesley International Academy, Atlanta, Georgia. Consultation regarding playground noise propagation to nearby residential neighbors in the vicinity of an elementary school. International House of Prayer, Lawrenceville, Georgia. Environmental noise investigation of sound transmission through the building envelope of the existing sanctuary to the neighboring community. Acoustic consulting services included measurements, analysis, and recommendations to mitigate the noise transmitted through the various building envelope constructions. Iron City Live, Birmingham,Alabama. Comprehensive acoustic analysis for the design of a new 1,400 occupancy music venue in Birmingham, Alabama. Acoustic consulting services include architectural acoustic modeling, sound isolation, mechanical noise control, and environmental noise analysis and control. Loews Vanderbilt Hotel, Nashville, Tennessee. Diagnosis, measurements, and recommendations concerning noise and vibration transmission from a cooling tower atop a hotel to adjacent office space. Noise Ordinance Development, Bossier and Caddo Parishes, Louisiana. Development of a comprehensive noise ordinance for Bossier&Caddo Parish.Acoustic consulting services include 3D acoustic modeling of the two parishes (1800 sq.mi.) using SoundPLAN,conducting multi-day ambient noise measurements throughout the parishes, and guidance for noise ordinance development and implementation. 13 I Qualification Submittal for City of Miami Beach RFQ#2017-007-AK Af 1 --)CJ010 Arpeggio Acoustic Consulting, LLC Pace Academy, Atlanta, Georgia. Community noise impact study relating to proposed sporting practices held on a private school campus within a residential neighborhood. Park Place Shopping Center, Atlanta, Georgia. Investigation and recommendations concerning sound isolation between a proposed restaurant/bar with live music and high-end restaurant. Peachtree Street Intersection Improvement Noise Study, Atlanta, Georgia. Community noise survey and impact study to assess potential impact of nighttime road work as part of a variance application. Rendezvous Nightclub, Atlanta, Georgia. Diagnosis of community noise complaints related to low-frequency music escaping from nightclub. Design of modified roof system for improved low- frequency sound containment within building. Robert Packer Hospital,Sayre,Pennsylvania. Investigation to assess the impact of an emergency generator installation at a hospital located approximately 100'from residences, including design of mitigation measures for existing and future generators. Rose Arbor Community, Doraville, Georgia. Noise monitoring to assess the impact of activities at a professional soccer stadium on adjacent residences in relation to noise ordinance. Savannah Slow Ride,Savannah,Georgia. Consultation related to noise generated by quadricycle tours serving alcohol in response to community complaints. Sonic Restaurant, Roswell, Georgia. Community noise survey in the vicinity of a new Sonic restaurant. Sprint, Atlanta, Georgia. Investigation to assess the potential impact of a proposed generator installation near a nearby residential community. Starbucks, Panama City Beach, Florida. Prediction of noise impact of outdoor sound system on neighboring community based on local noise criteria The Glenn Hotel, Atlanta, Georgia. Investigation and recommendations concerning the transmission of traffic noise into luxury hotel guestrooms in downtown Atlanta. Tri-County Technical College, Pendleton,South Carolina.Consultation related to noise impact of a college veterinarian kennel on an adjacent residential community. 14 Qualification Submittal for City of Miami Beach RFQ#2017-007-AK Arpeo-olo Arpeggio Acoustic Consulting, LLC 2.2 Qualifications of Proposer Team Jesse Ehnert will be the principal in charge of performing the scope of work called for by this Request for Proposal.Throughout his 18-year career as an acoustic consultant,Mr.Ehnert's work has focused on architectural acoustics and community noise control. His project management duties have included corporate, performing arts, religious, convention, educational, courtroom, health care, industrial, residential,and athletic facilities. Mr. Ehnert received his Master's degree in Mechanical Engineering, specializing in acoustics, from the Georgia Institute of Technology. He is a Board Certified Member of the Institute of Noise Control Engineering as well as a member of the Acoustical Society of America,where he is a member of the technical committees on architectural acoustics and noise. Before joining Arpeggio, Mr. Ehnert worked as an acoustic consultant with Newcomb & Boyd in Atlanta, Georgia for 4 years. In addition to his work as a consultant, Mr. Ehnert has taught undergraduate courses in acoustics and engineering graphics at the Georgia Institute of Technology, the University of Florida, and Georgia Perimeter College. Selected Publications and Presentations Jesse J. Ehnert, "Acoustic design of the Charles R. Drew Charter School media center—a case study," Presentation, 141st Meeting of the Acoustical Society of America,Chicago, Illinois,4 June—8 June, 2001. Jesse J. Ehnert, "Acoustic Design of an Industrial Training Facility," Sound &Vibration 35 (12): pp. 16-18(Dec. 2001) Session organizer and chair,Architectural Acoustics: Acoustics of Meeting Facilities, 143rd Meeting of the Acoustical Society of America, Pittsburgh, Pennsylvania, 3 June—7 June, 2002. Jesse J. Ehnert, "Residential reuse: Acoustics and making buildings livable," Presentation, 146th Meeting of the Acoustical Society of America,Austin,Texas, 10 November—14 November, 2003. Jesse J. Ehnert, "How easy is it being green?," Presentation, 157th Meeting of the Acoustical Society of America, Portland, Oregon, 18 May—22 May, 2009. Jesse J. Ehnert, "The Sound of Health and Healing," Sustainable Healthcare& Hospital Development Magazine Issue 1 (June 22,2010) i5 ; Qualification Submittal for City of Miami Beach RFQ#2017-007-AK r --)covio t . - Arpeggio Acoustic Consulting, LLC As needed to carry out the duties of contracts, assistance may be provided by Dr. Kenneth Cunefare. Dr. Cunefare has been involved in acoustics, noise and vibration consulting since 1991. He has experience in: environmental noise assessment; community noise impact assessment; commercial, industrial, and residential noise control assessment,specification,and design; noise dosimetry and hearing conservation programs; and vibration analysis and control. Dr. Cunefare received a Ph.D. in Mechanical Engineering with specialization in acoustics from the Pennsylvania State University in 1990. He received the Acoustical Society of America's Hunt Fellowship to perform post-doctoral research at the Technical University of Berlin, Institute of Technical Acoustics. He joined the Mechanical Engineering faculty of the Georgia Institute of Technology in 1991, where he teaches classes in acoustics, noise control,vibrations,and design, and holds the rank of Professor. Selected Presentations and Publications Gary. H. Koopmann, Wolfgang Neise and Kenneth A. Cunefare, "Fan Casing Noise Radiation," ASME Journal of Vibration and Acoustics, 113(1), pp.37-42(1991). Kenneth A. Cunefare and Gary H. Koopmann, "Global optimum active noise control: Surface and far field effects,"Journal of the Acoustical Society of America,90(1), pp. 365-373 (1991). Kenneth A. Cunefare, Van B. Biesel, John Tran, Ryan Rye, Aaron Graf, Mark Holdhusen, Anne- Marie Albanese, "Anechoic chamber qualification: traverse method, inverse square law analysis method, and nature of test signal,"Journal of the Acoustical Society of America, 113(2), pp. 881- 892, 2003. Tina M. Famighetti,Kenneth A.Cunefare, Emily E. Muhlberger,"Qualification and performance of a reverberation chamber equipped with lightweight diffusers," Noise Control Engineering Journal, 54(3), pp. 201-211, 2006. Kenneth A. Cunefare, Jeff Badertscher, and Volker Wittstock, "On the qualification of anechoic chambers: further issues related to signals and bandwidth," Journal of the Acoustical Society of America. 120(2), pp. 820-829,2006. Kenneth A.Cunefare,Van B.Biesel,Anne-Marie Albanese,Mark Holdhusen,Aaron Graf,Ryan Rye, John Tran, "Anechoic chamber qualification per ISO 3745 and ASA/ANSI S12.35," paper 66.05.03, CD proceedings of the 17th International Congress of Acoustics, Rome, Italy,September, 2001. Patrick Saussus and Kenneth A. Cunefare, "Paths and source locations in anechoic chamber qualification," CD Proceedings,9th International Congress on Sound and Vibration, Orlando, FL,8- 11 July, 2002. 16 Qualification Submittal for City of Miami Beach RFQ#2017-007-AK Arpeggio Arpeggio Ac usti•c Co s Iting LLC 23 Financial Capacity =we Sea*epeet degedetmeeedeeMOOMMAIMCdOMMThettet5 CP durt6,!oradd-reA &wrier Qualifier Report To mod Immop PC, , btot,ete fetoom Costettat*XV *****meet Peeekted mad metriet for Met etektekto tese et tetemebie 105155500 AIM*MOM ACOMMIC CTD*UC wet PrOdoott Pett 016 2.517 I*DM* 1E1, idtletetatte ACOUSTIC COMSULTIMS,LLC 1,47 Aimee be Km MUM*,GA 3034$ The Is a Meeptee MaStoft. feeededeM etemetere 0,445-42$5 70:60.tre004041"4„11001;sg(51§1Alla"IV* TØØ 404404100 efammete 4034NEtet CLOEFARE,WSW Yew mettede 2001 IHIS MIMI EOMI $ V $ 3 3 At 3 7 I edemerm aite5 111101MS*0 149-= ▪ etedimee. 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Fadr as: OteteRM premium In MAXON tifaSESC MONO Salado/ s Coa to a .tyr Amaptai .. Nsywaxtioa Soototti dassitkatoowow *AMMO M O a C ULr %-.LLC mss'r s}sod SINIONONO Psofesskostat Sagketro It 1997,the Staadatia Ltdgasoial43atsi a'S )was otabosd by tt tr ciassmeavion evateds4 PUS)...TON a tesajsr realtion WU not way promaato far mow m WA Sao tawasolast Atte claugai ot nes a Fr' s.ha gra, y ▪as5i wow)hat Man ottVed as tat oats to Natitttat otootoo of aX attmolic wilaZet of Ma U.:S,, CMAM,a4is:Za, S 4i330 #astaas Sip a* Aleased OR irMIPARAM MP tuts,ME MA aw/ar44 NU coat av 3 cask SFC DSOs usa a Sam S.Cs t ro le a a /so s!°t=massa 4 ems, MX has not a tarklett sausaato of sayoutat PLOOMMAS ta tatablIth a PAISES scam OM WAWA MAL L I 7 r'r Asa t4,0646tateate Oar,We sow ORM ant• CrAS MOMS as fts MURMUR is reasOata.At Ve Erne.,twee M ter.*saposteoces mists to Mt company, o& at at osoosoosswasuootoossastaaoatoowavatgoroatoausagouroPaamsas 19 Qualification Submittal for City of Miami Beach RFQ#2017-007-AK At- --)e- L-Tcyto bb Arpeggio Acoustic Consulting, LLC .t. ,..a LAS&cow-C4mtbst*Napot/,,,,,,OSo-1 C:.:C4w.S.J0 ,LIZ AU s~aped eatbiat Ws tepart ate in teat etatteepee. O./21/'2017 T!°4 r asst attrlr .er Ns Vtatts have bean etterdied av 0&&usetave rte, A a (Z •s pee mils database es that as tiro ere tuft ft3r ARFEGGTO Acoitsr.c CObaleTIAG,1..Cat: 47Azstet Ct tte,AdanaC. . 0403 e .e 4aAtum a pakat record intarmatiso a of itx t*tura t , -errs art additions retest ,dem, r ,LiCC f mem arra te&ress!eakaat bein e*err sats arty rAarkt a CobatelL as Pi41 as sept fted toed from thane&ice -6nd ti. .'#`tote isiards. MS codetes put&records a COrabiratKA 44 Olot to:etsrs,etdpaws Asa dire :lasas wir Atckwal art bacV detiw;tries..Its database of US s ted Puts k,roe the tardest of 0 Med. , wP1m ,air tY stanmuoy San swat(CatGuat 3 4.40 AdVeAttrattve deist;: P4II C4V/V=Of YES Grantee 040 Tr*dvAt povidal 4, etre Goverrotratt,wit a u waled NArt t eta, a +:by sae P a3 rectae' ort art otter sr CoWtil 2017 Wt&PA ac „Provided r eomaefre avt ext6 v.t e of snLest east 10a1S0X9 ' om. _ . a,4 A a zfrea****lovrxv 20 1 Qualification Submittal for City of Miami Beach RFQ#2017-007-AK rileo'cito A f Arpeggio Acoustic Consulting, LLC 3 Approach and Methodology Our approach and methodology to accomplish the services required under this contract would not materially differ from the approach and methodology employed over the last 4-1/2 years performing these services for the City of Miami Beach. However, our performance will be informed by the continually expanding knowledge we have of Miami Beach and its various neighborhoods. Our approach begins with a thorough review of the submitted sound study, making note of the aspects of the proposed establishment which are pertinent to sound. We then familiarize ourselves with the location of the proposed establishment through the use of maps and Google Earth as well as intimate knowledge of the city gleaned from more than 18 visits to the city over the last 4-1/2 years. At this point,we assess the technical content within the submitted report, performing calculations,as required,to verify any claims made. In particular,we focus on claims related to existing ambient sound levels at the subject site and estimated sound levels that would be produced by the proposed establishment.Should any discrepancies emerge or additional information be required,we state so.We then prepare a report,summarizing our understanding of the proposed establishment and enumerating any items that require further clarification or revision. Once our report has been submitted, it is common for the original preparer of the sound study to rebut our review,addressing any points we have brought up in our review.Through an iterative process,the team presenting the application may make changes to address any potential sound issues.The final step in the process is attendance at a city meeting to address any items related to the noise impact of the proposed establishment. All services are performed in house without sub-consultants. 21 Qualification Submittal for City of Miami Beach REQ#2017-007-AK GEORGIA Page 1 of 1 i�.•• GEORGIA� �� GEORGIA SECRETARY OF ` _ STATE 2� ` ... CORPORATIONS -7 firtqBRIAN P. KEMP "" DIVISION HOME (/) BUSINESS SEARCH I BUSINESS INFORMATION Business Name: ARPEGGIO ACOUSTIC Control Number: 0035572 CONSULTING, LLC Business Type: Domestic Limited Business Status: Active/Compliance Liability Company Business Purpose: 1947 ASPEN DR NE, Principal Office Date of Formation/ 8/4/2000 ATLANTA, GA, Address: 30345-4037 Registration Date: Last Annual State of Formation: Georgia 2017 Registration Year: REGISTERED AGENT INFORMATION Registered Agent JESSE J. EHNERT Name: Physical Address: 1947 ASPEN DRIVE, N.E., Dekalb, ATLANTA, GA, 30345, USA Filing History Name History Back Return to Business Search Office of the Georgia Secretary of State Attn: 2 MLK,Jr. Dr. Suite 313, Floyd West Tower Atlanta, GA 30334- 1530, Phone: (404) 656-2817 Toll-free: (844) 753-7825, WEBSITE: http://www.sos.ga.gov/ © 2015 PCC Technology Group. All Rights Reserved.Version 2.1.2a Report a Problem? hops://ecorp.sos.ga.gov/BusinessSearch/Businesslnformation?businessld=3 5572&business... 7/12/2017 GEORGIA Page 1 of 4 < , GEORGIA ;,- GEORGIA SECRETARY OF '` ` CORPORATIONS STATE ` BRIAN P. KEMP DIVISION HOME (/) BUSINESS SEARCH BUSINESS INFORMATION Business Name: Control Number: Office of the Georgia Secretary of State Attn: 2 MLK, Jr. Dr. Suite 313, Floyd West Tower Atlanta, GA 30334- 1530, Phone: (404) 656-2817 Toll-free: (844) 753-7825, WEBSITE: http://www.sos.ga.gov/ © 2015 PCC Technology Group. All Rights Reserved. Version 2.1.2a Report a Problem? https://ecorp.sos.ga.gov/BusinessSearch/BusinessFilings 7/12/2017 GEORGIA Page 2 of 4 FILING HISTORY Office of the Georgia Secretary of State Attn: 2 MLK, Jr. Dr. Suite 313, Floyd West Tower Atlanta, GA 30334- 1530, Phone: (404) 656-2817 Toll-free: (844) 753-7825, WEBSITE: http://www.sos.ga.gov/ © 2015 PCC Technology Group. All Rights Reserved.Version 2.1.2a Report a Problem? https://ecorp.sos.ga.gov/BusinessSearch/BusinessFilings 7/12/2017 GEORGIA Page 3 of 4 Filing Effective Filing Date Time Filing Type Number Date 8/9/2000 Business Formation VBusinessSea/ch/Oown|oadFi|e7 00483742 12:00:00 AM filingNo=483742) 1/16/200I Annual Registration(2001) 11517377 12:00:00 AM VBusineoSeaoh/Down|oadFi|e7fi|ingNo=1I5I7377) 3/28/2002 Annual Registration(2002) 02770583 12:00:00 AM VBusinessSeanch/Down|nadFi|e?fi|ingNo=2770583) 2/3/2003 Annual Registration(2003) 03501167 12:00:00 AM VBusine»sSearch/Dowm|uadFi|e7fi|ingNo=3501I67) 1/23/2004 Annual Registration(2004) 03994556 12:00:00 AM VBudnessSearch/Down|oadFi|e?M|ingNo=399455@ I/26/2005 Annual Registration(2005) 04561461 12:00:00 AM VDusinessSearch/Oown|oadFi|e?fi|ingNo=456I46l) - ' ' - -- 8/8/2006 Annual Registration(2006) 05035019 12:49:17 PM VBusinessSearch/Down|oadFi|e?fi|ingNo=5035019) - -' 1/I6/2007 Annual Registration(2007) 05840926 2:48:12 PM V8usineoSeaoh/Oown|oadFi|e7fi|ingNo=5840026) I/I8/2888 Annual Registration(2008) 0682]6]7 2:57:39 PM VBusinessSearch/DownloadFile?filingNo=6823637) 1/5/2009 5:01:23 Annual Registration(2009) 07041586 PM VBusineoSearch/Oown|oadFi|e?fi|ingNo=7041586) 1/6/2010 4:10:16 Annual Registration(2010) 07148338 PM VBusineoSeanch/Dnwn|oadFi|e7fi|ingNo=7I48338) I/I8/201I Annual Registration(2011) 08442027 8:22:12 AM VBudnessSeaoh/Oown|oadFi|e7fi|ingNo=8442027) 2/4/2012 6:53:08 Annual RegistratnnO0I2' 11930048 AM KBusinesSeanch/Omwn|oadFi|e?fi|ingNo=II030048) 4/1/2013 Annual Registration(2013) 09282699 10:58:10 AM (/8usinessSeaoh/Down|oadFi|e?fi|ingNo=0282690) 2/7/2014 1:19:36 Annual Registration(2014) 10381404 PM VBusinessSearch/Dovvn|oadFi|e7fi|ingNo=1038I404> I/9/20I5 Annual Registration(2015) 10719364 10:54:31 AM VBudneoSearch/Down|oadFi|e7fi|ingNu=I07I9364) I/2I/20I6 Annual Registration(2016) I250I823 I/21/20I6 9:55:00 AM KBusinessSearch/Down|oadFi|e?fi|ingNo=1250I823) I/1I/20I7 Annua| Reo�tst�nOU�) 13799388 1/I1/2017 ' 5:0O32PK4 VBusinessSeanch/Down|oadFi|e?fi|ingNo=13799388) Office of the Georgia Secretary of State Attn: 2 MLK,Jr. Dr. Suite 313, Floyd WéstTbwér Atlanta, GA30334- pae6666F2S17ToU'fnee (944) 753-78Z5' VVEBSD'Ehttp://vvvvw.sosga'gov/ © 2015 PCC Technology Group. All Rights Reserved.Version 2.1.2a Report a Problem? GEORGIA Page 4 of 4 Back Office of the Georgia Secretary of State Attn: 2 MLK, Jr. Dr. Suite 313, Floyd West Tower Atlanta, GA 30334- 1530, Phone: (404) 656-2817 Toll-free: (844) 753-7825, WEBSITE: http://www.sos.ga.gov/ © 2015 PCC Technology Group. All Rights Reserved.Version 2.1.2a Report a Problem? https://ecorp.sos.ga.gov/BusinessSearch/BusinessFilings 7/12/2017 GEORGIA Page 1 of 1 "0-1:)N,, GEORGIA GEORGIA SECRETARY OF STATE . : ; : CORPORATIONS BRIAN P. KEMP DIVISION HOME (/) BUSINESS SEARCH I, BUSINESS INFORMATION Business Name: ARPEGGIO ACOUSTIC Control Number: 0035572 CONSULTING, LLC NAME CHANGE HISTORY Filing Number Old Name New Name Filing Date Effective Date No records to view. Back Office of the Georgia Secretary of State Attn: 2 MLK, Jr. Dr. Suite 313, Floyd West Tower Atlanta, GA 30334- 1530, Phone: (404) 656-2817 Toll-free: (844) 753-7825, WEBSITE: http://www.sos.ga.gov/ © 2015 PCC Technology Group. All Rights Reserved. Version 2.1.2a Report a Problem? https://ecorp.sos.ga.gov/BusinessSearch/NameChangeHistory 7/12/2017 STATE OF GEORGIA Secretary of State Corporations Division 313 West Tower 2 Martin Luther King,Jr. Dr. Atlanta, Georgia 30334-1530 ANNUAL REGISTRATION *Electronically Filed* Secretary of State Filing Date: 1/11/2017 5:08:32 PM 4k ,. » .._.. ..., .,>. Nr ,ax.nma... ,... r; _ CONTROL NUMBER 0035572 BUSINESS NAME ARPEGGIO ACOUSTIC CONSULTING,LLC BUSINESS TYPE Domestic Limited Liability Company EFFECTIVE DATE 01/11/2017 xA 1.ie . t� i", t4 tt „ .. ADDRESS 1947 ASPEN DR NE,ATLANTA,USA � , .,. ”".a a� :f , .., ., .. . NAME ADDRESS JESSE J. EHNERT 1947 ASPEN DRIVE,N.E.,Dekalb,ATLANTA,GA,30345,USA , , AUTHORIZER SIGNATURE Jesse Ehnert AUTHORIZER TITLE Member"r: -z? 3 ,..• Brian P.Kemp -•177 6 Secretary of State Detail by FEI/EIN Number Page 1 of 2 1 f' y ; .Qr9 Department of State / Division of Corporations / Search Records / Detail By Document Number/ http://search.sunbiz.org/Inquiry/CorporationSearch/S earchResultDetail?inq... 8/28/2017 Detail by FEI/EIN Number Page 2 of 2 Detail by FEI/EIN Number Foreign Limited Liability Company ARPEGGIO ACOUSTIC CONSULTING, LLC Filing Information Document Number M17000007227 FEI/EIN Number 58-2560243 Date Filed 08/22/2017 State GA Status ACTIVE Principal Address 1947 ASPEN DR NE ATLANTA, GA 30345 Mailing Address 1947 ASPEN DR NE ATLANTA, GA 30345 Registered Agent Name&Address REGISTERED AGENTS INC 3030 N ROCKY POINT DR SUITE 150A TAMPA, FL 33607 Authorized Person(s) Detail • Name&Address Title PRIN EHNERT,JESSE 1060 MERCER ST SE ATLANTA, GA 30316 Title PRIN CUNEFARE, KENNETH 1947 ASPEN DR NE ATLANTA, GA 30345 Annual Reports No Annual Reports Filed Document Images 08/22/2017--Foreign Limited View image in PDF format http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 8/28/2017 ATTACHMENT D INSURANCE REQUIREMENTS APPENDIX E MIAMI BEACH Insurance Requirements RFQ 2017-007-AK NOISE, ACOUSTIC AND SOUND CONSULTING SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue; 3rd Floor Miami Beach, Florida 33139 RFQ 2017-007-AK 32 --.-�.- MIAM B INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. 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). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 _Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .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 proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self- insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. REQ 2017-007-AK 33 Amount 1 $2,495,457 Account I Future Water and Sewer Bond Proceeds Amount 2 $2,495,457 Account 2 Future Storrnwater Bond Proceeds Amount 3 $123,443 Account 3 384-0820-069357-00-410-522-00-00-00- ! $1,—(550 29730 302-0820-069357-00-410-522-00-00- 00-29730 Amount 4 $1.,387,906 Account 4 384-0810-069357-00-410-522-00-00-00- 23290 Amount 5 Above Ground Account S $1,058,679 Funding To Be Determined Total $7,561,992 Legislative Tracking Public Works/Procurement ATTACHMENTS: Description D Attachment A Phase I Rankings c Attachment B Phase II Rankings o Resolution t I Gueimunde, Jorge From: Vassiliev, Igor Sent: Friday, September 01, 2017 4:33 PM To: Gueimunde, Jorge Cc: Nicholson, Natasha; Hart, Debra Subject: FlamingoResoMemo.pdf Attachments: FlamingoResoMemo.pdf Categories: Important Jorge, For financial information please see pages 8 and 9 of the attached file. The project has already started—DMSI started mobilization last week and broke ground this Monday, NTP1 and 2 have been issued on 08/09/2017 and on 08/11/2017. The anticipated duration—305 calendar days, around Friday,June 22, 2018. Please let me know if you need any other information, Thank you, and have a great weekend, Igor r`,11A1',9I BEACH Igor Vassiliev, P.E., ENGINEER II PUBLIC WORKS DEPARTMENT 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7080 ext: 6180 Cell: 305-546-5891 www.miamibeachfl.Bov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. APlease do not print this e-mail unless necessary. 1 ...__ 1 5 tz, ,-, ts1 M .1. I-. In X , W 61<Cn 1 „.4 0 0. < . 1 to e-. 't (N r.- c.) co re naffissaA J061 a) c.., In to U) U. X 0109 ern 8 fe. MP, PP em 1 ,c 04 cn CO ,.- tr) 'ss, uoznoh epuem 2 sor, 8 8 8 8 gl 1 ..8) Ist 0 ” vi. 0 I,-, c‘i i2 I liallfieS eilligeS ue3 / e, r- N 61 CO d) g ti. Bicouoiv ova ti> ro'i 8 8 6 6 ,...,,,,.„.,m,;,,4'w•'',4,t", ,:•i,,),,,.:;;4,!.‘,„1•0104'',2,1 e („Tqk,".z.,p ,e'lit'17"A.i•el;)' a , ,,„,,,.,„,,,....,,i.4.,.s, C''.f'rk,i•''il > It , ! 0 .s iti C 4 t ,-. ,:, V,C•44,. 41 -0 V) p 0 4 ','‘,,,3''*V.161R''''`,4•1 et . '0 ,L'i 3 i0. Y., ' I I • I ro M r d' N 1 ¢ ( 0 LLU AK ;-' N co b - — a ¢---- C ''4 N'N_, ,q ivt ��.r�iki.v,‘,.F jz.::> S� s...re;A•fi'*:k�xii�utcrLiK.Ficia- It I 1 N _ V co eque63eue6n3 8 8 8 2 F. .. co N ky .- t G SCAll 9 or rn a go rn 4 0) i •• .' 98888 a N •.- d N '� u) .q 0 • -" uoznow epur3m 0 c { c» .- rt N a c-4 q LC Qq 8 t elgloueJV olid FO rn u a m c a 3it - C) 0122 :100 0Q 00c � S � i� a E0 ° • Mur Jill V% Ic '.9,• 111 tri ° 8. 6 8 8 n 0 4` mnio3 I i 2017-29837 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE • CITY MANAGER TO AWARD AN AGREEMENT, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2016.205-KB, FOR DESIGN/BUILD SERVICES FOR RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM FOR FLAMINGOPARK-NEIG-HBORHOi or(PHA E—I1), TO DAVID MANCINI & SONS, INC,, WITH THE GUARANTEED MAXIMUM PRICE (GMP) IN THE AMOUNT OF $6,694720.01; AUTHORIZING A TEN PERCENT (10%) OWNER'S CONTINGENCY FOR THE PROJECT IN THE AMOUNT OF $669,272.00; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE. A DESIGN BUILD AGREEMENT WITH DAVID. MANCINI & SONS, INC. WHEREAS, on September 14, 2016,the City Commission directed the Administration to issue a Request for Proposals (RFP) for Design/Build Services for Right of Way Infrastructure Impitvement.Program for Flamingo Park Neighborhood (the"RFP"); and WHEREAS, the RFP was released on September 16, 2016, with an opening date of November 2, 2016; and WHEREAS, a voluntary pre-proposal conference to provide information to the proposers submitting a response was held on September 28, 2016; and WHEREAS, the RFP provided for a two-step, phased evaluation process; and WHEREAS, the Phase I selection process, related to the qualifications, experience and availability of the proposers and key members of the design-build team, including the lead designer and lead contractor; and WHEREAS,only those proposers short-listed during Phase I were authorized to proceed to Phase II of the RFP, in which price and detailed technical proposals,based on the approved Design Criteria Package(the"DCP"), would be considered; and WHEREAS, under Phase I, the City received proposals in response to the RFP from the following seven (7) firms: Bergeron Land Development, Inc. ("Bergeron"), David Mancini & Sons, Inc. ("DMSI"), Gianetti Contracting Corporation ("Gianetti"), Lanzo Construction Company ("Lanzo"), Layne Heavy Civil, Inc. ("Layne"), Ric-Man Construction EL, Inc. ("Ric-Man Construction"), Ric-Man International, Inc. ("Ric-Man international"); and WHEREAS, on November 14, 2016, via LTC # 486-2016, the City Manager appointed the Evaluation Committee (the "Evaluation Committee"), which convened on December 13, 2016 to consider the proposals submitted under Phase I; and WHEREAS, the Evaluation Committee's Phase I rankings were as follows: 1) DMSI; 2) Gianetti; 3) Lanzo; 4) Layne; 5) Ric-Man International; 6) Bergeron; and 7) Ric-Man Construction; and WHEREAS, on December 22, 2016, after reviewing the proposals and the Evaluation Committee's scores and rankings, the City Manager exercised his due diligence and • 1 recommended, pursuant to Section 0400 (Proposal Evaluation) of the RFP, that all proposers proceed to Phase II of the RFP evaluation process; and WHEREAS, on February 9, 2017, the Procurement. Department issued Phase II of the RFP to the short-listed proposers;and WHEREAS, on April 3, 2017, the City received the technical and price proposals in response to Phase II of the RFP; and WHEREAS, Layne, Ric-Man Construction, and Ric-Man International did not submit a Phase II proposal;and WHEREAS, the Evaluation Committee, appointed by the City Manager via LTC# 486- 2016, convened on April 10,2017 to consider the proposals received under Phase II; and WHEREAS, the Evaluation Committee's rankings for Phase II were as follows: (1) DMSI; and (2) Lanzo; and (3) Bergeron; and (4) Gianetti; and WHEREAS, the City Manager, having considered the proposals and the Evaluation Committee's rankings, recommends award of the contract to David Mancini & Sons, Inc.,with a Guaranteed Maximum Price (GMP) in the amount of$6,.692,720.01; and WHEREAS, the City Manager further recommends the establishment of a separate ten percent(10%) Owner's Contingency for the Project in the amount of$669,272.00. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of Miami Beach, Florida hereby accept the recommendation of the City Manager to award an agreement, pursuant to Request for Proposals (RFP) No. 2016-205-KB for Design/Build Services for Right of Way Infrastructure Improvement Program for Flamingo Park Neighborhood (Phase II), to Ric-Man Construction, Inc., with the Guaranteed Maximum Price (GMP) in the amount of $6,692,720.01; and authorizes a ten percent (10%) Owner's Contingency for the Project in the amount of$669,272.00; and further authorizes the Mayor and City Clerk to execute a Design Build Agreement with David Mancini &Sons, Inc. PASSED AND ADOPTED this day of /Or/ •1 2017. ATTEST: „//, a � z�' \ '11 Levi '. or e'�..L.,. . %►����G //' , APPROVED AS TO / Rafe-I Granado, City Cly � '� / FORM&LANGUAGE °frr .t• &FOR EXECUTION T;\AGENDA\2017\4-Aprll\Procur P�ant Dep., me \" �"4 a6 :mingo Neighborhood12016-090-KB RFP-Fl 1Ingo Neighborhood(Phase ll)-Reso.do . \•NCO ; /2.;...4.,...14c 4 ,4��f7,9/' ,city fe 111 0H G� la Resolutions-.R7 0 MIAMI BEACH COMMISSION MEMORANDUM • TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: April 26, 2017 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO AWARD AN AGREEMENT, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO, 2016-205-KB, FOR DESIGN/BUILD SERVICES FOR RIGHT OF WAY INFRASTRUCTURE IMPROVEMENT PROGRAM FOR FLAMINGO PARK NEIGHBORHOOD (PHASE II), TO DAVID MANCINI & SONS, INC., WITH THE GUARANTEED MAXIMUM PRICE (GMP) IN THE AMOUNT OF $6,692,720.01; AUTHORIZING A TEN PERCENT (10%) OWNER'S CONTINGENCY FOR THE PROJECT IN THE AMOUNT OF $669,272,00; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DESIGN BUILD AGREEMENT WITH DAVID MANCINI &SONS, INC. RECOMMENDATION Adopt the Resolution. ANALYSIS The City of Miami Beach is requested proposals from qualified vendors to design/build 11th Street from Alton Road to Jefferson Avenue and from Euclid Avenue to Washington Avenue in the City of Miami Beach in the Flamingo Park Neighborhood. The design/build firm(DBF)shall coordinate the design concepts within the context of both the existing cross section of 11th Street. Additionally, the IJBF will be responsible for providing architectural, structural engineering,electrical, landscape architecture, construction cost estimating, surveying and geotechnical services for the Project, The work shall include, but not be limited to, conceptual drawing(s), surveying, geotechnical, design development, estimate(s)of probable construction cost, construction documents, permitting, bidding / award, construction andconstruction administration services for the Project. The selected DBF pursuant to the RFP will be responsible for the design and construction associated with the Project. The contract with the successful DBF will be awarded in accordance with the established requirements for award of design build contracts, RFP PROCESS—PHASE I Page 1235 of 1596 i � I On September 14, 2016, the City Commission directed the Administration to issue a Request for Proposals (RFP) for design/build services for right of way infrastructure improvement program for Flamingo Park Neighborhood. The RFP was released on September 16, 2016, with an opening date of November 2,2016.A pre-proposal conference to provide information to the proposers submitting a response was held on September 28,2016. 1 tn-accordance-with-Section-287 055rF-Iorida-Statutes,-the-R-RI]provides-for-a=two-steprphased evaluation process. The Phase I selection process relates to the qualifications,experience and availability of the proposers and key members of the design-build team, including the lead designer and lead constructor. Only those Proposers short-listed during Phase I are authorized to proceed to Phase II of the RFP selection process, in which price and detailed technical proposals based on the approved Design Criteria Package(the"DCP")will be considered. Under Phase I, the City received proposals in response to the RFP from the following seven (7)firms: • Bergeron Land Development, inc. ("Bergeron") • David Mancini&Sons, Inc. ("DMS 1") • Gianetti Contracting Corporation.("Gianetti") • Lanzo Construction Company("Lanzo") • Layne Heavy Civil, Inc. ("Layne") • Ric-Man Construction FL, Inc. ("Ric-Man Construction') • Ric-Man International, Inc.("Ric-Man International") On November 14, 2016 the City Manager appointed the Evaluation Committee via LTC #486- 2016:The Committee convened on December 13,2016 to consider proposals received under Phase I. The Committee was comprised of Eric Arencibia, CMI Engineer I, Public Works Department, City of Miami Beach; Sabrina Baglieri,Senior Capital Projects Coordinator, Capital Improvement Program Division, City of Miami Beach; Luis Soto, CMI Engineer IIi, Public Works Department, City of Miami Beach; Igor Vassiliev, CMI Engineer Il, Public Works Department, City of Miami Beach;and Wanda Mouzon, Resident, City of Miami Beach, The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided general information on the scope of services, references, and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established In the RFP, The evaluation process resulted in the ranking of proposers as indicated in Attachment A, in the following order: 1st DM51 2nd Gianetti 3rd Lanzo 4th Layne. 5th Ric-Man International 6th Bergeron 7th Ric-Man Construction ii On December 22,2016,after reviewing all the qualifications of each firm and having considered the Evaluation Committee's comments and rankings, the City Manager approved for all firms submitting proposals to be shortiisted for Phase II consideration, Including: Bergeron Land Page 1236 of 1596 Development, Inc.; David Mancini & Sons, Inc.; Gianetti Contracting Corporation; Lanzo Construction Company; Layne Heavy Civil; Ric-Man Construction, Inc.; and Ric-Man International, Inc. REP PR.00 SS PHAS II Upon receipt of the Design Criteria Package (DCP) from Public Works Engineering, On February9,_20_11,_the_P-rocurement_D-epar-tmen-t issued-Rhase-11-of=the-RF-P-process-to-the short-listed proposers. A. pre-proposal conference to provide information to the short-listed proposers was held on February 22, 2017. On April 3, 2017, the City received proposals in response to Phase II of the RFP from the following short-listed proposers: • Bergeron Land Development, Inc. • David Mancini& Sons, Inc. • Gianetti Contracting Corporation • Lanzo Construction Company Additionally,the City received Statement of"No Bid"from Ric-Man Construction, indicating they will not be submitting a Phase II proposal In order to focus their efforts on RFP 2016-090-KB and 2016-091-KB and other upcoming City proposals", Layne also submitted a Statement of "No Bid" indicating that they will not be submitting a bid because "the City did not short-list the firms on a design-build project. Ric-man international did not submit a Statement of "No Bid" nor respond to Phase I I. The Evaluation Committee, appointed by the City Manager via LTC #486-2016, convened on April 10,. 2017 to consider the technical proposals received under Phase II. The Committee was comprised of Eric Arencibia, Capital Project Coordinator, Capital Improvement Program Division, City of Miami Beach; Eugene Egemba, Civil Engineer III, Public Works Department, City of Miami Beach; Wanda Mouzon, Resident, City of Miami Beach; and Jose Rivas., Civil Engineer III, Public Works Department, City of Miami Beach, The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided general information on the scope of services, a copy of each proposal, and engaged in a question and answer session with each proposer. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP for Phase II. The evaluation process resulted In the ranking of proposers as indicated in Attachment B, in the following order: 1st DMSI 2nd Lanzo 3rd Bergeron 4th Glanetti DMS1 According to the information provided by the DBF, DMSI's key partners bring expertise and first-hand knowledge In their respective fields, as well as successfully provided consistent, predictable, and repeatable results on similar D/Bprojects as a Team. The proposed team for this project depicts the structure and line of authority and communication which Is included on the following page; it Indicates the Team's Key members, their intended functions, their responsibilities and percentage of time commitment for this project. Page 1237 of'I596 The DMSI/APCTE team considers that a properly prepared, well executed Project Management Plan Is essential to the success of this design-build project. From previous experience, they have identified certain principles that have repeatedly proven key to successful Project Management; achieved a fully integrated team with a high standard of accountability and technical excellence; and have provided strict adherence and compliance with the terms of this • RFP. Some of these principles include; (1) Establishingclear definitions and authority, (2) • Maintain-open-communication-and-coordination with-all team-members-and-stakehelders;(3) Explicit definition of the work breakdown structure, and the schedule to the Team, and (4) Start with a realistic base line schedule upon which performance can be measured and controlled. DMSI and APCTE, are experienced and well-known contractors to the City of Miami Beach together have designed and constructed seven (7) Neighborhood Improvement Da_ Projects for the City of Miami Beach (Washington Avenue; Lummus; Nautilius West and Orchard Park; Biscayne Point Biscayne Point& Stillwater Drive; Flamingo - 11th Street; Crespi Boulevard; and Prairie Avenue), Lanzo According to the information provided by the DB F, Lanzo has been in this industry for more than 45 years as an underground, structural, and trenohiess construction contractor, offering public and private, hard-bid, negotiated, and design-build services. Lanzo is certified General and Underground Contractor,and also have engineering and surveying capabilities. Lanzo offers the City of Miami Beach a design-build team that combines the experience and local construction know-how of Lanzo, as the DBF, as well as the Contractor with six mainline crews, a number of support crews, and availability that aligns with the contract timing, all located here In Southeast Florida. Wade Trim, as the Lead Design Consultant, is a well-established engineering firm that also offers unparalleled design-build experience that only a large firm can { bring, along with the capabilities to understand local challenges and solutions that can come with first-hand experience in working with and alongside local residents arid government entities. The Lanzo/Wade Trim Team will be supported by other local team members experienced in streetscape, stormwater, and water system neighborhood improvements throughout Southeast. Florida. Bergeron According to the information provided by the DBF, Bergeron brings the City its seasoned management team that has successfully navigated and completed the City's current Design/Build Pump Stations at 17th, 14th, 10th and 6th Street along with the West Avenue Neighborhood Improvements from 5th to 8th Street, 6th Street (Alton to West), 10th Street (Alton to West), 14th Street(Alton to West),Lincoln Rd,to 17th Street and 17th Street(Alton to West) and that is currently in place on the West Avenue Bridge project, This is the same team that received the Team Project of the Year Award for 2015 on the Design/Build Pump Stations at 14th, 10th, and 6th Street from the Florida Association of County Engineers and Road Superintendents. As with the previous award winning projects,thier design lead for the Flamingo Park Neighborhood is Greenman-Pedersen, Inc. (GPI). Design lead program manager, Quinton McDaniel has been the design lead manager on all the previous City of Miami Beach road projects in and around the Flamingo Park Neighborhood. He brings in-depth knowledge and Page 1238 of 1596 experience with area roadways,infrastructure, area merchants and residents, the environmental and permitting requirements and a love of keeping the landscaping of the City uniform and consistent with Florida's natural habitats. Also, as demonstrated on their previous City Pump Station work and FDOT road and pump station work, their management processes are seamless.They subcontract to the very best local_designers-and-underg round-teams-using-our-time-tested-management-preeess-T-his-given the City the best designed and constructed project thatis both sustainable and economic.Their management team is engaged 100%. They take pride in our strong core management with the ability to utilize the very best specialty sub consultants to deliver a quality product to the City of Miami Beach. Gianetti According to the information provided by the DBF, Giannetti has been established since 1968 in Michigan. After 15 years of performing work in Southeast Michigan,they expanded their operations to Florida Giannetti was officially established in Florida in 1983. The company is owned by Richard Gibbs, Nicholas Apostol,and the Giannetti Family Trust. Giannetti has completed some of the most difficult projects in Florida. During those 34 years, Giannetti has attained a reputation for completing all projects on time and within budget. Moreover, our reputation is one where they put their clients' best interest in mind, Over the last five years alone, Giannetti has completed over$95,000,000,00 of municipal work. In the past five years, we have constructed over 713,000 linear feet (135 miles) of pipe for multiple governmental agencies including Broward County, Palm Beach County, City of Hollywood, City of Fort Lauderdale, City of Boca Raton, City of North Lauderdale, Central Broward Water Control District,and Florida Keys Aqueduct Authority. Giannetti has worked in conjunction with our Lead Designer, Craven Thompson &Associates (CIA)on the following projects:Broward County Utility Analysis Zone (UAZ)308; North County Neighborhood Improvement Project, Northeast Quadrant, Bid Package 11; the Eastside Neighborhood Infrastructure Improvements In Davie, CBWCD N30 Canal Extension project with a combined construction value of approximately $35 Million. CIA is a Fort Lauderdale based seventy-five (76) person corporation that has been in business for fifty-five (55) years. They have also been Involved In the design, permitting,contract administration and construction management of numerous major urban neighborhood infrastructure projects over the past twenty-three years. CTA has designed and permitted hundreds of miles of roadway, storm sewer, sanitary sewer, water main, and streetscape/landscape projects In South Florida. CTA projects such as the NE 38th Street Complete Streets Project, NE 34th Court Complete Streets Project, SW 41st Place Roadway & infrastructure Project, NE :5 th Avenue Streetscape& Roadway Reconstruction. Project, NE 14th Avenue Streetscape Project, Sistrunk Avenue Streetscape Project, Utility Analysis Zones: 124, 308, and North Central, Central,and South County Neighborhood Improvement Projects (6,000 acres of infrastructure), are some of the public projects relevant to the Right»of-Way Infrastructure Improvement Program For Flamingo Park Neighborhood. It is important to note that there is a shortage of above ground funding for this project in the amount of approximately$1M.As a result, Itis our recommendation that the contract reflect that a separate notice to proceed (NIP)will be Issued when the above ground funding is secured since this work typically occurs at the end of the project. We bring this up to put on the record Page 1239 of 1696 — i that we will need to identify a funding source and bring that forward in a budget amendment in the future, CONCLUSION. After reviewing all the submissions and the results of the evaluation process, I find that David Mancini & Sons, Inc, (DMSI), provided the best overall combination of technical proposal and cost. With regard to its technical proposal, DMSI was top-Tanked by the Evaluation Committee. Some of the highlights of the DMSI technical proposal, as articulated by the Evaluation Committee,.include: • Given DMS I's experience in other portions of the 11th street project that it is currently working on, the firm is very aware of the nuances and challenges of the area that can impact project delivery, • DMSI can expedite schedule and project delivery since it has submitted a design that Is very advanced in terms of completeness,Additionally, DMSI is already working on other portions of 11th Street and is already mobilized. • DMSI provided a plan for controlling project noise within the neighborhood in attempt to minimize disruptions to residents. • DMSI provided a quality assurance/quality control plan to assure work is completed successfully within the requirements of the project specifications. In addition to its top-ranked technical proposal, DMSI submitted the second lowest overall project cost of$6,692,720, only $16,465 higher than the lowest bidder despite having proposed a complete technical proposal, expedited delivery and the other benefits noted above. Proposed project costs received from bidders ranged from $6,676,255.50 to $16,856,700.00. Therefore., based on the best overall combination of technical proposals and costs,I recommend that the Mayor and City Commission approve the Resolution authorizing the Administration to award David Mancini &Sons,:Inc., pursuant to Request for Proposals (RFP) No. 2016-205-KB for Design/Build Services for Right of Way Infrastructure Improvement Program for Flamingo Park Neighborhood (Phase II), to David Mancini & Sons, Inc., with the Guaranteed Maximum Price (GMP) in the amount of $6,692,720,01; and authorize a ten percent (10%) Owner's Contingency for the Project In the amount of$669,272.00;and further authorizes the Mayor and City Clerk to execute a Design Build Agreement with David Mancini& Sons, Inc. KEY INTENDED OUTCOMES SUPPORTED Build And Maintain Priority Infrastructure With Full Accountability FINANCIAL INFORMATION The cost of the related services,determined upon successful negotiations, are subject to funds availability approved through the City's budgeting process. Grant funding will not be utilized for this project. Page 1240 of 1596 9