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PSA Ageement with Cross-Spectrum Acoustics, Inc.
2Oz2--32 z.6S— DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Contract No.22-185-02 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND CROSS-SPECTRUM ACOUSTICS, INC. FOR NOISE, ACOUSTIC AND SOUND CONSULTING SERVICES, PURSUANT TO RFQ-2022-185-ND 11/15/2022 1 11:41 EST This Professional Services Agreement ("Agreement") is entered into this ("Effective Date"), 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 (the "City"), and CROSS-SPECTRUM ACOUSTICS a Corporation, whose address is 200 North Main Street, Suite 17, East Longmeadow, Massachusetts, 01028 ("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 Thomas Mooney 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. Fee: Amount paid to the Consultant as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach, RFQ, No. 2022- 185-ND 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 between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the RFQ, and the Proposal. 1 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Contract No.22-185-02 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. 26724; and fax number(305)673-7529. 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 performed in accordance with the terms and conditions set forth in Exhibit "A" and 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: Rogelio Madan, Chief of Community Planning &Sustainability Email: RogelioMadanc miamibeachfl.gov 2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit A hereto. SECTION 3 TERM The term of this Agreement ("Term") shall commence upon execution of this Agreement by all parties hereto (the Effective Date set forth on p. 1 hereof), 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 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. 2 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Contract No.22-185-02 SECTION 4 FEE 4.1 INVOICING In consideration of the Services to be provided, Consultant shall be compensated on a fixed fee monthly basis per item, in accordance with the fees, as established in Exhibit "B" and attached hereto. 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: Payables(a�miamibeachfl.gov 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 rights 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 CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY 3 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Contract No.22-185-02 CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO CONSULTANT, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. 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, defend 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 6.3 The Consultant shall maintain the below required insurance in effect prior to awarding the agreement and for the duration of the agreement. The maintenance of proper insurance 4 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Contract No.22-185-02 coverage is a material element of the agreement and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the Agreement. A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. Should the Vendor be exempt from this Statute, the Vendor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt Vendor shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or(ii)a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal &advertising injury with limits no less than $100,000 per occurrence. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non-owned automobiles, with limit no less than $100,000 combined per accident for bodily injury and property damage. D. Professional Liability (Errors & Omissions) Insurance appropriate to the Consultant's profession,with limit no less than $ 100,000 per occurrence. 6.4 Additional Insured — City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the Consultant's insurance. 6.5 Notice of Cancellation — Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. 6.6 Waiver of Subrogation — Consultant agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. 6.7 Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. 6.8 Verification of Coverage—Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City 5 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Contract No.22-185-02 reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER ON ALL COI MUST READ: CITY OF MIAMI BEACH c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-rniamibeach(a?riskworks.corn 6.9 Special Risks or Circumstances — The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. SECTION 7 - LITIGATION JURISDICTIONNENUE/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 exceeds the sum of $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$10,000. 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$10,000 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. 6 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Contract No.22-185-02 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 Services 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 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. 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. 7 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Contract No.22-185-02 10.2 INSPECTOR GENERAL AUDIT RIGHTS (A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. (B) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. (C) Upon ten (10) days written notice to the Consultant, the Consultant shall make all requested records and documents available to the Inspector General for inspection-and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. (D) The Inspector General shall have the right to inspect and copy all documents and records in the Consultant's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. 8 DocuSign Envelope ID:F45CDD31-E72B-458F-8060-4B310CFB34FC Contract No.22-185-02 (E) The Consultant shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: i. If this Agreement is completely or partially terminated, the Consultant shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Consultant shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. (F) The provisions in this section shall apply to the Consultant, its officers, agents, employees, subcontractors and suppliers. The Consultant shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Consultant in connection with the performance of this Agreement. (G) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Consultant or third parties. 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 NO 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, 9 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Contract No.22-185-02 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-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 City. (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. 10 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Contract No.22-185-02 (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. (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 attorneys'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 11 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Contract No.22-185-02 10.8 FORCE MAJEURE (A) A"Force Majeure" event is an event that(i) in fact causes a delay in the performance of the Consultant or the City's obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. (B) If the City or Consultant's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately, upon learning of the occurrence of the event or of the commencement of any such delay, but in any case within fifteen (15) business days thereof, provide notice: (i) of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. (C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. (D) Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event, causing the suspension of performance, shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. (E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend the City's payment obligations under the Agreement, and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period 12 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Contract No.22-185-02 greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a given date, by giving written notice to Consultant of such termination. If the Agreement is terminated pursuant to this section, 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. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 10.9 E-VERIFY (A) Consultant shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Consultant shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Consultant shall expressly require any subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the contract Term. If Consultant enters into a contract with an approved subconsultant, the subconsultant must provide the Consultant with an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. (B) TERMINATION RIGHTS. (1) If the City has a good faith belief that Consultant has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Consultant for cause, and the City shall thereafter have or owe no further obligation or liability to Consultant. (2) If the City has a good faith belief that a subconsultant has knowingly violated the foregoing Subsection 10.9(A), but the Consultant otherwise complied with such subsection, the City will promptly notify the Consultant and order the Consultant • to immediately terminate the Agreement with the subconsultant. Consultant's failure to terminate a subconsultant shall be an event of default under this Agreement, entitling City to terminate the Consultant's contract for cause. (3) A contract terminated under the foregoing Subsection (B)(1) or (B)(2) is not in breach of contract and may not be considered as such. (4) The City or Consultant or a subconsultant may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (B)(1) or (B)(2) no later than 20 calendar days after the date on which the contract was terminated. (5) If the City terminates the Agreement with Consultant under the foregoing Subsection (B)(1), Consultant may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) Consultant is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 10.9. 13 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Contract No.22-185-02 SECTION 11 NOTICES Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Hebert Singleton Jr. Cross-Spectrum Acoustics, Inc. 200 North Main Street, Suite 17 East Longmeadow, MA 10128 Ph: 413-315-5770 Email: hsinqletonacoustics.com TO CITY: Thomas Mooney Planning Department Director 1700 Convention Center Drive 2nd floor Miami Beach, FL 33139 Ph: 305-673-7000 Email: ThomasMooney@miamibeachlf.gov WITH A COPY TO: Michael Belush Chief of Planning &Zoning, Planning Department 1700 Convention-Center Drive 4th floor Miami Beach, FL 33139 Ph: 305-673-7000 Email: MichaelBelush@miamibeachfl.qov All notices mailed electronically to either party shall be deemed to be sufficiently transmitted. 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. 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 WAIVER OF BREACH A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A party's waiver of any breach of a provision 14 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Contract No.22-185-02 of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.4 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 12.5 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] 15 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Contract No.22-185-02 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: —DocuSigned by: By: 144-' . (Vaana�o A.( at~aegtlt�-dranado, City Clerk I a T. Hudak, City Manager Date: 11/15/2022 111:41 EST FOR CONSULTANT: CROSS-SECTRUM ACOUSTICS, INC. By: / /1 Herbert Singleton Jr, President Print Name and Title Date: October 25, 2022 APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION t *- \'Etq(a), city Attorney c;,;r% Date 16 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Contract No.22-185-02 EXHIBIT A SCOPE OF SERVICES The following services define but do not limit the scope of work to be provided by the selected firms. 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 the required scope of work. This shall include a thorough written analysis of 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 counterarguments 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 the 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 the potential impact from Special Events, which could permit extended hours of operation, larger occupancies, use of fireworks, and alcohol service that may not usually be permitted. After conclusion of the analysis, Consultant 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 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 the 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. 17 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Contract No.22-185-02 3. Analyze data provided by the applicant, such as architectural drawings, photos, number of seats, occupant content, and a description of the proposed operations, as applicable. 4. Collect data, including measuring the 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 proposed venue(s) site, at various hours and days, including timings beyond any proposed hours of operation. At a minimum, five 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 the proposal's impact 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 soundproofing 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) Non-Project Specific Services. The City may engage Consultant for services not relating to a specific project to include but not be limited to the following activities: Scope of Work: 1. Provide recommendation(s) on current and proposed regulations related to noise abatement, management, and containment. 2. Provide recommendation(s) on up-to-date methodology and processes for assessment and enforcement of regulations. 18 DocuSign Envelope ID:F45CDD31-E728-458F-80B0-4B310CFB34FC Contract No.22-185-02 EXHIBIT B HOURLY RATES SCHEDULE LABOR}MTEGORYe� � � ` ;' HOURLY 1 TE,. GENERAL CONSULTING SERVICES (NON-LITIGATION) $ 203.15 LITIGATION SERVICES $ 406.30 19 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC ATTACHMENT A RESOLUTION&COMMISSION AWARD MEMO DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC RESOLUTION NO. 2022-32265 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. 2022-185-ND, FOR NOISE, ACOUSTIC, AND SOUND CONSULTING SERVICES; AUTHORIZING THE ADMINISTRATION TO ESTABLISH A POOL • OF PRE-QUALIFIED CONSULTANTS FOR NOISE, ACOUSTIC, AND SOUND CONSULTING SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH ARPEGGIO.ACOUSTIC CONSULTING, LLC, AS THE FIRST RANKED PROPOSER AND CROSS-SPECTRUM ACOUSTICS, INC., AS THE SECOND-RANKED PROPOSER; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AGREEMENTS WITH EACH PROPOSER UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, on April 8, 2022, the Mayor and City Commission approved the issuance of the Request for Qualifications (RFQ) No. 2022-185-ND for Noise, Acoustic, and Sound Consulting Services; and • WHEREAS, Request for Qualifications No. 2022-185-ND (the "RFQ") was released on April 8, 2022; and WHEREAS,a voluntary pre-proposal meeting was held on April 21, 2022; and WHEREAS, on May 23, 2022, the City received 2 proposals from Arpeggio Acoustic Consulting, LLC and Cross-Spectrum Acoustics, Inc.; and WHEREAS, on May 26, 2022, The City Manager, via Letter to Commission No. 209- 2022, appointed an Evaluation Committee consisting of the following individuals: Paul Acosta, Assistant Chief, Police Department; Michael Belush, Chief of Planning and Zoning, Planning Department; Hernan Cardeno, Director, Code Compliance Department; and Jeff Donnelly, resident and Public Historian, Miami Design Preservation League; and WHEREAS, the Evaluation Committee convened on July 11, 2022, to review and score the proposals; and WHEREAS, the Evaluation Committee received an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, general information on the scope of services, and a copy of each proposal; and WHEREAS, the Evaluation Committee was instructed to score and rank each proposal . pursuant to the evaluation criteria established in the RFQ; and • WHEREAS, the Evaluation Committee process resulted in the ranking of proposers as follows: Arpeggio Acoustic Consulting, LLC, as the first-ranked proposer; and Cross-Spectrum Acoustics, Inc., as the second-ranked proposer; and WHEREAS, after reviewing all of the submissions and the Evaluation Committee's rankings and analysis, the City Manager concurs with the Evaluation Committee and recommends that the Mayor and City Commission authorize the Administration to establish a pool of pre-qualified consultants for specific tasks relating to noise, acoustic, and sound DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC . consulting services; authorizing the Administration to enter into negotiations with Arpeggio Acoustic Consulting, LLC, as the first ranked proposer; and Cross-Spectrum Acoustics, Inc., as the second-ranked proposer; and further authorizing the City Manager and City Clerk.to execute agreements with ea-ch of the foregoing proposers upon conclusion of successful negotiations by the Administration 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, pursuant to Request for Qualifications (RFQ) No. 2022-185-ND, for Noise, Acoustic, and Sound Consulting Services; authorize the Administration to establish a pool of pre-qualified consultants for Noise, Acoustic, and Sound Consulting Services; authorize the Administration to enter into 'negotiations with Arpeggio Acoustic Consulting, LLC, as the first ranked proposer and Cross-Spectrum Acoustics, Inc., as the second-ranked proposer; and further authorize the City Manager and City Clerk to . execute agreements with each proposer upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this lT day of ' �12022. ATTEST: 12-Z41 • RAFAE E.. NADO, CITY CLERK DAN GELBER, MAYOR SEP 2 1 2 2-2...8,,,,,,,,, APPROVED AS TO kIRCORP OWED = FORM&LANGUAGE %,S% 4 k •.19 &FOR EXECUTION CF-j..26 City Attorney Date DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Competitive Bid Reports-C2 'D MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak,City Manager DATE: September 14,2022 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. 2022-185-ND, FOR NOISE, ACOUSTIC, AND SOUND CONSULTING SERVICES; AUTHORIZING THE ADMINISTRATION TO ESTABLISH A POOL OF PRE-QUALIFIED CONSUL TANT$ FOR NOISE, ACOUSTIC, AND SOUND CONSUL TING SERVICES; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH ARPEGGIO ACOUSTIC CONSULTING, LLC, AS THE FIRST RANKED PROPOSER AND CROSS-SPECTRUM ACOUSTICS, INC., AS THE SECOND-RANKED PROPOSER; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AGREEMENTS WITH EACH PROPOSER UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMI NI STRATI ON. RECOMMENDATION It is recommended that the.Mayor and City Commission approve the Resolution authorizing the Administration to enter into negotiations with Arpeggio Acoustic Consulting, LLC, as the first- ranked proposer; and Cross-Spectrum Acoustics, Inc., as the second-ranked proposer. The Resolution also authorizes the City Manager and City Clerk to execute an Agreement upon the conclusion of successful negotiations. The solicitation is currently under the cone of silence. BACKGROUND/HISTORY 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. For approximately five years, the City of Miami Beach (the City)has had an agreement for noise, acoustic, and sound consulting services. The current agreement expires on September 26, 2022. The purpose of the RFQ is to seek proposals for a replacement agreement. ANALYSIS On April 6, 2022, the Mayor and City Commission authorized the issuance of Request for Page 50 of 1700 DocuSign Envelope ID:F45CDD31-E72B-458F-8080-4B310CFB34FC Qualifications (RFQ) No. 2022-185-ND. On April 8, 2022, the RFQ was issued. A voluntary pre-proposal conference to provide information to proposers submitting a response was held on April 21, 2022. No addenda were issued. The Procurement Department issued bid notices to 2,31.7 companies through the e-procurement system,with 25 prospective bidders accessing the advertised solicitation. RFQ responses were due and received on May 23, 2022. The City received two proposals from the following firms:.Arpeggio Acoustic Consulting, LLC and Cross-Spectrum Acoustics, Inc. On May 26, 2022,the City Manager appointed the Evaluation Committee via LTC#209-2022. The Evaluation Committee convened on July 11, 2022,to consider the proposals received.The Committee was comprised of Paul Acosta, Assistant Chief, Police Department; Michael Belush,Chief of Planning and Zoning, Planning Department; Heman Carden, Director, Code Compliance Department; and Jeff Donnelly, resident, and Public Historian, Miami Design Preservation League.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 with general information on the scope of services and a copy of each proposal.The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ.The evaluation process resulted in the raking of proposers indicated'in Attachment A in the following Order. 1. Arpeggio Acoustic Consulting, LLC 2. Cross-Spectrum Acoustics, Inc. A summary of each top-ranked firm follows: 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 private and public entities the expertise and experience to make informed decisions about acoustic issues of all types. Arpeggio has provided noise, acoustic and sound consulting services for the City for the past twenty years. Cross-Spectrum Acoustics.Inc. According to the information provided by the firm,Cross-Spectrum Acoustics, Inc. is a full- service acoustical consulting firm. Its engineers and technical personnel have a combined 180 years of project experience, with specialties in traffic and highway noise studies and noise vibration measurement systems. Cross-Spectrum Acoustics, Inc. staff has performed transportation noise studies of all levels of complexity throughout the United States for clients in California, Texas, Massachusetts, New York, Minnesota, Oklahoma, Arizona, Georgia, Washington, Nevada, Utah,and many others. SUPPORTING SURVEY DATA Not Applicable FINANCIAL INFORMATION Page 51 of 1700 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Fees will be established through the negotiation process. Funding for the services is subject to the approval of funds through the City's budgeting process. The average annual expenditures for these services total$31,200.Grant funding will not be utilized for this project. CONCLUSION After reviewing all of the submissions and the Evaluation Committee process, I concur with the Evaluation Committee and find Arpeggio Acoustic Consulting, LLC and Cross-Spectrum Acoustics, Inc. to be qualified firms for the prequalified pool of consultants for specific tasks relating to noise, acoustic and sound consulting services. Arpeggio Acoustic Consulting, LLC has performed these services for the City in 40+ projects in the past twenty years. In these years, it(or the firm)has demonstrated that it is willing and able to perform the services required and requested by the City. Cross-Spectrum Acoustics, Inc.is a full-service acoustical consulting firm whose engineers and technical personnel have a combined 180 years of project experience. Cross-Spectrum Acoustics, Inc. is the author of the Federal Transit Administration (FTA)Guidance Manual and the Federal Highway Administration (FHWA) Noise Measurement Handbook and would be an asset in providing recommendations on current and proposed regulations. For the reasons stated herein, I recommend that the Mayor and City Commission approve the Resolution authorizing the Administration to establish a pool of prequalified consultants for specific tasks relating to noise, acoustic, and sound consulting services; authorizing the Administration to enter into negotiations with Arpeggio Acoustic Consulting, LLC, as the first ranked proposer, and Cross-Spectrum Acoustics, Inc., as the second-ranked proposer, and further authorizing the City Manager and City Clerk to execute agreements with each of the foregoing proposers upon conclusion of successful negotiations by the Administration. Applicable Area Citywide Is this a"Residents Right Does this Item utilize G.O. to Know"item.pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Planning/Procurement ATTACHMENTS: Description o Attachment A o Resolution Page 52 of 1700 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC • 16020224W0 foI Rolm Acme*awl&rd Pal Acosta UMW awll MoanCmeoo r Jeff AA1• 5 rcngdlgSoros orw. I os�w.I arnrL o••ww. I O.eAsw.I errel amber.I a.+r..4 BAIRN0..�•I 0,.+w.I ewm aThank d •Aup Rwo Acoustic Consultinu.LLC. 85 0 85 _2, 00 0 95 1 85 0 85 1 55 1 0 05 1! 5 ,1, Acoustics mn os 1 0 I 0s 1 os 0 I as I2: s0 1 0 00 21 50 0 00 .: T 2; I. . +.....1� i • l .I...m..tp..*.Lie • • Page 53 of 1700 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC ATTACHMENT B ADDENDUM AND RFQ SOLICITATION DocuSign Envelope ID:F45CDD31-E72B-458F-8060-4B310CFB34FC MIAMI BEACH Request for Qualifications (RFQ) 2022-185-ND Noise, Acoustic, and Sound Consulting Services SOLICITATION SECTIONS: 0100 INSTRUCTIONS TO RESPONDENTS 0200 GENERAL CONDITIONS 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 0400 PROPOSAL EVALUATION APPENDICES: APPENDIX A SPECIAL CONDITIONS APPENDIX B SAMPLE CONTRACT APPENDIX C INSURANCE REQUIREMENTS DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC MIAMI BEACH SECTION 0100 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 Proposers to submit proposals for the City's consideration in evaluating qualifications to select a firm with whom it may negotiate an agreement for the purpose noted herein. The City utilizes Periscope S2G (formally known as BidSync)(www.ceriscopeholdings.com or www.bidsync.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 Periscope S2G must register immediately with Periscope S2G to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. For approximately five years,the City of Miami Beach(the City)has had an agreement for noise,acoustic,and sound consulting services. The current agreement expires on September 26, 2022. In order to consider a replacement agreement, this Request for Qualifications (RFQ) seeks 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 the Statement of Work. When professional services are required,a proposed project will be analyzed in terms of the predominant professional specialty required. As solely determined by the City Manager or the Planning Director, the best-qualified firm 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. STATEMENT OF WORK. The qualified consultant(s)will provide noise,acoustic,and/or sound consulting services at fixed rates to be negotiated after the Commission has approved the award recommendation. In no way does the contract resulting from this solicitation serve as a guarantee of future work. The following services define but do not limit the scope of work to be provided by the selected firms pursuant to this RFQ selection process: A) Peer Review Standards. Proposer shall review the analysis and recommendations of the sound study (as detailed below) for compliance with accepted practices and compliance with the required scope of work. This shall include a thorough written analysis of 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. Awarded Proposer shall determine the 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 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC MIAMI BEACH 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 the potential impact from Special Events, which could permit extended hours of operation, larger occupancies, use of fireworks, and alcohol service that may not usually be permitted. After conclusion of the 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 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 the 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 the applicant,such as architectural drawings,photos,number of seats,occupant content, and a description of the proposed operations, as applicable. 4. Collect data, including measuring the ambient base level and conducting computer simulations of music and other types of potential noise using g the appropriate equipment and software: a. Take acoustical measurements on the proposed venue(s)site, at various hours and days, including timings beyond any proposed hours of operation.At a minimum,five 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 the proposal's impact 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 soundproofing 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) Non-Project Specific Services. The City may engage awarded Proposer for services not relating to a specific project to include but not be limited to the following activities: Scope of Work: 1. Provide recommendation(s) on current and proposed regulations related to noise abatement, management, and containment. 2. Provide recommendation(s)on up-to-date methodology and processes for assessment and enforcement of regulations. 5. ANTICIPATED RFQ TIMETABLE. The tentative schedule for this solicitation is as follows: RFQ Issued April 8, 2022 Pre-Proposal Meeting April 21, 2022 @ 2:00 p.m. ET Join on your computer or mobile app DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC MIAMI BEACH Click here to join the meeting Or call in(audio only) +1786-636-1480 United States, Miami Phone Conference ID: 232 293 970# Deadline for Receipt of Questions May 6, 2022 @ 5:00 p.m. ET Responses Due May 23, 2022 @ 3:00 p.m. ET To join on your computer or mobile app Click here to join the meeting Or call in(audio only) (1) Dial the TELEPHONE NUMBER: 1 786-636-1480 (Toll-free North America) (2)Enter the MEETING NUMBER 321 676 020# Evaluation Committee Review TBD Tentative Commission Approval TBD Contract Negotiations Following Commission Approval 6. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: Natalia Del•ado 305-673-7000 x26263 NataliaDel•ado• miamibeachfl.•ov Additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado• miamibeachfl.•ov; or via facsimile: 786-394-4188. The Proposal title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10)calendar days prior to the date proposals are due as scheduled in Section 0100-5. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 7. PRE-PROPOSAL MEETING OR SITE VISIT(S). A pre-proposal meeting or site visit(s) may be scheduled. Attendance for the pre-proposal meeting shall be via web conference and recommended as a source of information but is not mandatory. Proposers interested in participating in the Pre-Proposal Meeting must follow these steps: Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 786-636-1480 United States, Miami Phone Conference ID: 232 293 970# Proposers who are participating should send an e-mail to the contact person listed in this RFQ expressing their intent to participate. 8. 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 Periscope S2G. Any prospective proposer who has received this RFQ by any means other than through Periscope S2G must register DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC MIAMI BEACH immediately with Periscope S2G 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. 9. 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 a( .miamibeachfl.gov 10. ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal, the City reserves the right to require additional information from Proposers (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). 11. 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. 12.DETERMINATION OF AWARD. The City Manager may appoint an evaluation committee to assist in the evaluation of proposals received. The evaluation committee is advisory only to the city manager. The city manager may consider the information provided by the evaluation committee process and/or may utilize other information deemed relevant. The City Manager's recommendation need not be consistent with the information provided by the evaluation committee process 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 Manager 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 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. 13. 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. 14. E-VERIFY. As a contractor you are obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." Therefore, you shall utilize the U.S. Department ofHomeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC MIAMI BEACH expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 15. PERISCOPE S2G (FORMALLY BIDSYNC). The Procurement Department utilizes Periscope S2G, Supplier-to- Government electronic bidding (e-Bid) platform. If you would like to be notified of available competitive solicitations released by the City you must register and complete your vendor qualifications through Periscope S2G, Supplier-to- Government www.bidsync.com/Miami-Beach. Registration is easy and will only take a few minutes. For detailed instructions on how to register, complete vendor qualifications and submit electronic bids visit https://www.miamibeachfl.gov/city-hall/procurement/for-approval-how-to-become-a-vendor/. Should you have any questions regarding this system or registration, please visit the above link or contact Periscope S2G, Supplier-to-Government at supportabidsvnc.com or 800.990.9339, option 1,option 1. 16. HOW TO MANAGE OR CREATE A VENDOR PROFILE ON VENDOR SELF SERVICE (VSS). In addition to registering with Periscope S2G, the City encourages vendors to register with our online Vendor Self- Service web page, allowing City vendors to easily update contacts, attachments (W-9), and commodity information. The Vendor Self-Service(VSS)webpage(https://selfservice.miamibeachfl.gov/vss/Vendors/default.aspx)will also provide you with purchase orders and payment information. Should you have any questions and/or comments,do not hesitate to submit them to vendorsupport aamiamibeachfl.gov 17. SUPPLIER DIVERSITY. In an effort to increase the number and diversity of supplier options in the procurement of goods and services, the City has established a registry of LGBT-owned businesses, as certified by the National LGBT Chamber of Commerce(NGLCC)and small and disadvantaged businesses,as certified by Miami-Dade County. See authorizing resolutions here. If your company is certified as an LGBT-owned business by NGLCC, or as a small or disadvantaged business by Miami-Dade County, click on the link below to be added to the City's supplier registry(Vendor Self-Service) and bid system(Periscope S2G,Supplier-to-Government). These are two different systems and it is important that you register for both. Click to see acceptable certification and to register: https://www.miamibeachfl.gov/city-hall/procurement/how-to- become-a-vendor/. DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC MIAMI BEACH SECTION 0200 GENERAL CONDITIONS TERMS & CONDITIONS—SERVICES. By virtue of submitting a proposal in response to this solicitation, proposer agrees to be bound by and in compliance with the Terms and Conditions for Services (dated April 13, 2020), incorporated herein,which may be found at the following link: https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/ DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC MIAMI BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. ELECTRONIC RESPONSES (ONLY). Proposals must be submitted electronically through Periscope S2G (formerly BidSync)on or before the date and time indicated. Hard copy proposals or proposals received through email or facsimile are not acceptable and will be rejected. A proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal until the deadline for proposal submittals. The City will only consider the latest version of the bid. Electronic proposal submissions may require the uploading of attachments. All documents should be attached as separate files in accordance with the instructions included in Section 4, below. Attachments containing embedded documents or proprietary file extensions are prohibited. It is the Bidder's responsibility to assure that its bid,including all attachments, is uploaded successfully. Only proposal submittals received, and time stamped by Periscope S2G (formerly BidSync) prior to the proposal submittal deadline shall be accepted as timely submitted. Late bids cannot be submitted and will not be accepted. Bidders are cautioned to allow sufficient time for the submittal of bids and uploading of attachments. Any technical issues must be submitted to Periscope S2G (formerly BidSync) by contacting (800) 990-9339 (toll free) or S2G(a�periscopeholdings.com. The City cannot assist with technical issues regarding submittals and will in no way be responsible for delays caused by any technical or other issue. It is the sole responsibility of each Bidder to ensure its proposal is successfully submitted in Periscope S2G prior to the deadline for proposal submittals. 2. NON-RESPONSIVENESS. Failure to submit the following requirements shall result in a determination of non- responsiveness. Non-responsive proposals will not be considered. 1. Bid Submittal Questionnaire(submitted electronically). 3. OMITTED OR ADDITIONAL INFORMATION. Failure to complete and submit the Bid Submittal Questionnaire (submitted electronically) with the bid and by the deadline for submittals shall render a proposal non- responsive. With the exception of the Bid Submittal Questionnaire(completed and submitted electronically),the City reserves the right to seek any omitted information/documentation or any 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. Failure to submit any omitted or additional information in accordance with the City's request shall result in proposal being deemed non-responsive. 4. ELECTRONIC PROPOSAL FORMAT. In order to maintain comparability,facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the tabs, and sections as specified below. The electronic submittal should be tabbed as enumerated below and contain a table of contents with page references. The electronic proposal shall be submitted through the"Line Items"attachment tab in Periscope S2G. TAB 1 Cover Letter&Table of Contents Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. The table of contents should indicate the tabs,sections with tabs and page numbers to facilitate the evaluation committee's review. DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC MIAMI BEACH TAB 2 Experience&Qualifications of the Firm and Team 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the relevant experience and proven track record of the firm and/or its principals in providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies. Submit at least three (3) projects that demonstrate expertise in noise, acoustic and sound consulting services for companies and/or government agencies within the last eight(8)years. For each project submitted,the following is required. o project name, o project description, o agency/client name, o agency/client contact, o contact telephone&email, and o year(s)and term of engagement. For each project, identify whether the experience is for the firm or for a principal(include name of principal). 2.2 Qualifications of Proposer Team. Provide an organizational chart of all the prime proposer's personnel,each team members'qualifications and the role that each team member will play in providing the services detailed herein. A resume of each individual, including education, licensure, relevant experience, and any other pertinent information, shall be included for each respondent team member to be assigned to this contract. 2.2.1 Project Experience. For each team member, include information for at least three (3) projects that demonstrate expertise in noise, acoustic and sound consulting services for companies and/or government agencies within the last eight(8)years. For each project submitted,the following is required. o project name, o project description, o agency/client name, o agency/client contact, o contact telephone &email,and o year(s)and term of engagement. TAB 3 Approach and Methodology Submit detailed information on the approach and methodology that the Proposer and its team has utilized on previous engagements,and specifically for the projects included under Project Experience, to accomplish a similar scope of work as outlined in Section 0100, Instructions to Respondents and General Conditions, Sub-Section 3. Statement of Work, A) Peer Review Standards and/or B) Sound Study Standards, and/or C) Non-Project Specific Services. Balance of Page Intentionally Left Blank DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC MIAMI BEACH SECTION 0400 PROPOSAL EVALUATION 1. EVALUATION OF PROPOSALS. All responsive proposals will be evaluated in accordance with this section. If more than one proposal is received, the City Manager may appoint an Evaluation Committee to consider and provide feedback on the qualitative factors of each proposal. 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 RFQ, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. In the evaluation of proposals, Proposers may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. Failure to provide the requested information within the time prescribed may result in the disqualification of proposal. 2. EVALUATION CRITERIA. Responsive, responsible proposals will be evaluated in accordance with the following criteria: Qualitative Criteria Maximum Points Experience and Qualifications 70 Approach and Methodology 30 TOTAL AVAILABLE POINTS for Qualitative Criteria 100 Quantitative Criteria Maximum Points Veterans Preference 5 TOTAL AVAILABLE POINTS for Qualitative and Quantitative Criteria 105 3. QUALITATIVE CRITERIA. The Evaluation Committee shall review responsive, responsible proposals and assign points for the qualitative factors only. The Evaluation Committee shall not consider quantitative factors (e.g. veteran's preference) in its review of proposals. The Evaluation Committee shall act solely in an advisory capacity to the City Manager. The results of the Evaluation Committee process do not constitute an award recommendation. The City Manager may utilize, but is not bound by,the results of the Evaluation Committee process, as well as consider any feedback or information provided by staff, consultants or any other third-party in developing an award recommendation in accordance with Section 0100, Sub-section 12. In its review of proposals received,the Evaluation Committee may review and score all proposals,with or without conducting interview sessions, in accordance with the evaluation criteria. 4. QUANTITATIVE CRITERIA. Procurement Department staff will assign points for the quantitative criteria. Veterans' Preference points will be assigned in accordance with Section 2-374 of the City Code 5. DETERMINATION OF FINAL RANKING. The sum of the evaluation criteria points will be converted to rankings in accordance with the example below: Proposer A Proposer B Proposer C Qualitative Points 82 74 80 Committee 4 Quantitative Points 5 5 0 Member 1 Total 87 79 80 °, , Rank,. , _ 1` r -3 2 2, DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC MIAMI BEACH Qualitative Points 82 85 72 `Commmee Quantitative Points 5 5 0 Member 2. Total 87 90 72 Qualitative Points 90 74 66 ;Committee, ,.,., Quantitative Points 5 5 0 ',Member2`,- ' Total 95 79 66 Low Aggregate Score 3 7 8 Final Ranking* 1 2 3 It is important to note that the results of the proposal evaluation process in accordance with Section 0400 does not represent an award recommendation. The City Manager will utilize the results of the proposal evaluation process, and any other information he deems appropriate,to develop an award recommendation to the City Commission,which may differ from the results of the proposal evaluation process and final rankings. Balance of Page Intentionally Left Blank DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC MIAMI BEACH APPENDIX A Special Conditions 2022- 185-ND NOISE, ACOUSTIC, AND SOUND CONSULTING SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC MIAMI BEACH 1. Term of Contract. It is expected that any resulting agreement shall be valid for a term of three(3)years from the effective date. The contract could be extended for an additional two (2),one(1)year terms, at the sole discretion of the City Manager. 2. Additional Terms or Conditions. This RFQ,including the attached Contract,contains all the terms and conditions applicable to any service being provided to the City resulting from award of contract. By virtue of submitting a proposal,consultant agrees not to require additional terms and conditions at the time services are requested, either through a separate agreement, work order, letter of engagement or purchase order. 3. Change of Project Manager. A change in the Consultant's project manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or his designee (who in this case shall be an Assistant City Manager). Replacement (including reassignment) of an approved project manager or public information officer shall not be made without submitting a resume for the replacement staff person and receiving prior written approval of the City Manager or his designee(i.e.the City project manager). 4. Sub-Consultants. The Consultant shall not retain, add, or replace any sub-consultant without the prior written approval of the City Manager, in response to a written request from the Consultant stating the reasons for any proposed substitution. Further,the City Manager, at his or her sole discretion, may approve the addition, deletion or substitution of any sub- consultant. However, said approval by the City Manager shall not in any way shift the responsibility for the quality and acceptability by the City of the services performed by the sub-consultant from the Consultant to the City. The quality of services and acceptability to the City of the services performed by sub-consultants shall be the sole responsibility of Consultant. DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC MIAMI BEACH APPENDIX B IA AC Sample Contract 2022- 185-ND NOISE, ACOUSTIC, AND SOUND CONSULTING SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Updated 01-12-2021 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND [FILL IN CONSULTANT NAME] FOR 1, PURSUANT TO [FILL IN RFP, RFQ, OR ITB#] This Professional Services Agreement ("Agreement") is entered into this XXXXXX day of XXXXXXXXXXXX, 20 ("Effective Date"), between the CITY OF'4MIAMIBEACH, FLORIDA, a municipal corporation organized and existing under tie laws of the:;State`of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida:+33139 (the,'City"), and [FILL IN CONSULTANT NAME], a [FILL IN TYPE OF'ENTITY/I.E. CORPORATION, LLC, ETC.], whose address is XXXXXXXXXXXX XX("Consultant"). SECTION 1 r, DEFINITIONS Agreement: This Agreement between the C►tand Consultant, including any exhibits t r�r s and amendments thereto.° c� � City Manager: The chief administrative the City. V' .za•. 'y Xy �{' City Manager's �cr . Designee: The City staff member who is designated by the City Manager to administer thisxAgreementlon behalf of the City. The City Manager's designeeshall belthe Department Director. Consultant For the purposes'of this Agreement, Consultant shall be deemed to be an independent confractor, and not an agent or employee of the City. Services: ' Allservices, work and actions by the Consultant performed or undertaken ursuant;to the Agreement. P g Fee: Amount paid to the Consultant as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach [FILL IN RFP, RFQ, OR ITB] No. [XXXXXXXXXXXXXX] for [XXXXXXXXXXXXXXXXXXXXXX1, together with all amendments thereto, issued by the City in contemplation of this Agreement [FILL IN CORRECT ABBREVIATION RFP, RFQ, OR ITB], 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 between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the [FILL IN RFP, RFQ, or ITB]; and the Proposal. 1 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Updated 01-12-2021 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 CiW, Consultant shall provide the work and services described in Exhibit"A" hereto (the Services"). [NOTE: EXHIBIT "A" MUST INCLUDE DETAILED DESCRIPTION AF SERVICES] i1 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 the1'hours ofrthe'Services performed by the Consultant; where the Services:are,-performed (although`the,City'will provide Consultant with the appropriate location tor`perforrn'the Services); when the Services are performed, including how many days a week`the Services,are performed,,:ylow the Services are performed, or any other aspect of the actual than,her and:?means of.accomplishing the Services provided. Notwithstanding the foregoing, all Seances=:provided by-;;the Consultant shall be performed in accordance with the tetras sand condition's set forth in Exhibit "A" and to the reasonable satisfaction of the City Manager If there`;a a any questions regarding the Services to be performed, Consultant should contact,thefollowing person: y-4y 5-NV� t \ • 2.2 ,Consultant's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit[XXX] hereto. [NOTE:-;:TIMELINE=,FOR DELIVERABLES CAN ALSO BE INCLUDED IN EXHIBIT "A" OR IN ,' '°:'n, SEPARATE EXHIBIT] .f; SECTION 3 TERM The term of this Agreement ("Term") shall commence upon execution of this Agreement by all parties hereto (the Effective Date set forth on p. 1 hereof), and shall have an initial term of [XXXXXXXXXXXX1, with [XXXXXXXXXX1 renewal options, to be exercised at the City Manager's sole option and 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[XXX1 hereto. 2 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Updated 01-12-2021 SECTION 4 FEE 4.1 In consideration of the Services to be provided, Consultant shall be compensated on a fixed fee basis, in the amount of $XXXXXXXX , for a total annual amount not to exceed $XXXXXXX . / 4.2 [NOTE: INCLUDE AMOUNT FOR REIMBURSABLES, IF ANY]. 4.3 [NOTE: INCLUDE HOW FEE IS TO BE PAID — I.E. "X' -PERCENTAGE UP FRONT; "X" UPON DELIVERY; MONTHLY; LUMP SUM; ETC.]. 4.4 INVOICING "�t A s '1 Upon receipt of an acceptable and approved,involce,,payment(s),shall be made wi`✓thin forty-five (45) days for that portion (or those portions) of the::.Servicesf,satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description,of theSe,rvices (or portion`s thereof) provided, and shall be submitted to the City at the following''.0dress: • Accounts Payable: Pavables@miamibeachficiov SNA ECTION 5 TERMINATION 5.1 TERMINATION,FOR CAUSE' " . If the£Consultant shall f ,t',fulfill n a timely manner, or otherwise violates, any of the covenants, agreements,'or:,stipulationsmaterial to this Agreement, the City, through its City Manager shall_thereuponl ave the right to terminate this Agreement for cause. Prior to exercising=itsoption to:terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) df;t{ is 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 rights 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 3 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Updated 01-12-2021 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 CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO CONSULTANT, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ONA GIVEN DATE. 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. :e-"' >. 5.3 TERMINATION FOR INSOLVENCY >, tir;' ., 4 "'� The City also reserves the right to terrnrnate the'Agreernent in the ev nt the Consultant is placed either in voluntary or involunta y'ban,kruptcyo retakes an assignment for the benefit of creditors. In such event, the right and obligations for*Rates shall be the same as provided for in Section 5.2. ,SECTION 6c; ,INDEMNIFICATIONTAND..•INSURANCE REQUIREMENTS 6.1 INDEMNIFICATIONen. ..,<yy ._ Consultant'-agrees to indemnify, ;defend 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+inequity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees ar4i;costs,i,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 )conduct of the Consultant, its officers, employees, agents, contractors, or any othet:person or entity acting under Consultant's control or supervision, in connection with, reiatecI.c`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 4 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Updated 01-12-2021 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 [NOTE: INSURANCE TYPES AND LIMITS BELOW SHOULD ALWAYS BE SAME AS WHAT WAS SPECIFICED IN BID DOCUMENTS] 6.3 The Consultant shall maintain the below required insurance in effect prior to awarding the agreement and for the duration of the agreement. The maintenance of proper insurance coverage is a material element of the agreement and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result;inwithholding of payments or termination of the Agreement. y-'w;( A. General Liability, in the amount of $1,000,000 combined sirigle\limit,-.for bodily injury and property damage. The City of Miami Beach must be endorsed as an?Addditional Insured as their interest may appear. "i"; "-f B. Consultant Professional Liability, in the amount of.-$1,000,000; and C. Workers Compensation & Employers Liability, as required pursuant to."Chapter 440, Florida Statutes.A waiver of subrogation endorsement;must be provided. 6.4 Additional Insured - City of'Miami,Beach.must be included by endorsement as an additional insured with respect to all liabiI1Wiiblicies (except Professional Liability and Workers' Compensation) arising outh of work oroperations performed on behalf of the Consultant including materials, parts,Ior.equipment furnished 'in connection with such work or operations and automobiles owned, leased?;:hired oraborrowed,,in the form of an endorsement to the Consultant's insurance. j '_ 6.5 Notice of CancellationtCancellation"jA,Fadhs,Zifistgance policy required above shall provide that coverage shall not':be cancelled,'except with .notice to the City of Miami Beach do EXIGIS Insurance Compliance Services. t 6.6 Waiver of Subrogation `' Consultant agrees to obtain any endorsement that may be necessary to affect the$,waiver'of subrogation on the coverages required. However, this provision applies regardless''of whether the City has received a waiver of subrogation endorsennent,from'.the insurer., .°4F1 i , 6.7 Acceptability of?Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (ie.,;,FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do'insurance business in the State of Florida. 6.8 Verification of Coverage—Consultant shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to,obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER ON ALL COI MUST READ: 5 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Updated 01-12-2021 CITY OF MIAMI BEACH c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach@riskworks.com 6.9 Special Risks or Circumstances - The City of Miami;-Beach reserves the right to modify these requirements, including limits, based on the natur'.e\of the risk, prior experience, insurer, coverage, or other special circumstances. ti Compliance with the foregoing requirements shall r,relieve the vendor of his liability and obligation under this section or under any other section of;this agreement._ '\ r�` Y.'1r1 SECTION 7 � LITIGATION JURISDICTI'ONNENUE/JURY TRIAL.WAIVER This Agreement shall be construed in accordance witt'the laws of the State of Florida. This Agreement shall be enforceable in MianiTide\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"lshall lie Yin`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 Iltigation related tolor arising out of this Agreement. SECTION 8 �:' LIMITATION,OF CITY'S LIABILITY R The Cityadesires to enterinto%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 'liability for any such breach never exceeds the sum of $10,000. Consultant hereby expres itsses. its willingness to enter into this Agreement with Consultant's recovery from the City fdr.any damage action for breach of contract to be limited to a maximum amount of$10,000. ;,,':, 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$10,000 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. 6 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Updated 01-12-2021 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 Services 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 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. ;:;=, tts::, k: =' 9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS Any work product arising out of this Agreeent, as ,well as all information specifications, processes, data and findings, are Intended to be the,prop1erty of the City'and shall not otherwise be made public and/or disseminated by'Coi sultant,4without the prior written consent of the City Manager, excepting any information, recordstetc;which-;are required to be disclosed pursuant to Court Order and/or Florida Public Records'Law ;'f.rd . All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be'sthe 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. �h=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;,.;9AM1— 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 INSPECTOR GENERAL AUDIT RIGHTS 7 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Updated 01-12-2021 (A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. (B) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector ,General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing;.''City project or program may include a report concerning whether the project is oh=z-tirne,;;within budget and in conformance with the contract documents and applicable law:-,1The Inspector General shall have the power to audit, investigate, .monitor, oversee-,\inspect „and review operations, activities, performance and procurementrprocess including\bufnot limited to project design, bid specifications, (bid/proposal) submittals, activities`ofjthe Consultant, its officers, agents and employees, lobbyists,'`City staff and elected,officials to ensure compliance with the contract documents and to detect fraudand-corruption. Pursuant to Section 2-378 of the City Code, the City,is`allocating a percentage of its overall annual contract expenditures to fundttheactivities and''operations of the Office of Inspector General. } ceM1 (C) Upon ten (10) days written notice:to the Consultant, the Consultant shall make all requested records and doc"uments available tolhe Inspector General for inspection and copying The_, Inspector'General?,is empowered'to retain the services of independent private sector;;auditors to',audit, investigate, monitor, oversee, inspect and review operations activities�~performance,and procurement process including but not limited to project design, bid specifications';=:,(bid/proposal) submittals, activities of the Consultant its officers, agents and ;employees, lobbyists, City staff and elected officials to ensure ;;compliance with thecoritract documents and to detect fraud and corruption. (D) The.:•lnspector General; shall have the right to inspect and copy all documents and records in the Consultant's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original ,estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. (E) The Consultant shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and 8 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Updated 01-12-2021 performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: If this Agreement is completely or partially terminated, the Consultant shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Consultant shall make available records relating:to appeals or to litigation or the settlement of claims arising under or relatingto`this Agreement until such appeals, litigation, or claims are finally resolved.0 (F) The provisions in this section shall apply to the Consultant its officers, agents, employees, subcontractors and suppliers. The Consultant:shall incorporate the provisions in this section in all subcontracts and 4all other agreements executed by the Consultant in connection with the performance of this Agreement. (G) Nothing in this section shall impair any;independent rightatothe City,to conduct audits or investigative activities. The provision -Cop his section are neither:intended nor shall they be construed to impose any liability on tt City bi a Consuitant✓or'third parties. 10.3 ASSIGNMENT, TRANSFER ORSUBCONSULTING Consultant shall not subcontract, assignor transfer all*;_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 inrithe,Manager's sole,judgment and discretion. Neither this Agreement, nor any term or provis on'hereof or?right hereunder, shall be assignable unless as approved pursuani"to this section, and any attempt to make such assignment (unless approved)shall be void _� 10.4 PUBLIC ENTITY CRIMES: Prior tocommencement of:the'Servicefs,'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 Ci "'s°;Procuement Division. 10.5 NO 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. 9 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Updated 01-12-2021 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-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 performanceof>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 Ottiis Agreement or to any benefits arising therefrom. Y *, 10.7 CONSULTANT'S COMPLIANCE WITH,FLORIDA PUBLIC RECORDS'L'AW (A) Consultant shall comply with Floridan Public Records law'under>Chapter 119, Florida Statutes, as may be amended from time,,to,time. 7L 4 4 ifs (B) The term "public records" shall meanngtet forth in Section 119.011(12), which means all documents, papers,;letters, aps, oks, tapes, photographs, films, sound recordings, data processing software,'orm 'bo other material, regardless of the physical form, characteristics, ors means of transmissions madeor received pursuant to law or ordinance or in connection3twith,the transaction`'of official business of the City. (C) Pursuant tok,,Section 119 0701 of,4thes Florida Statutes, if the Consultant meets the definition of"..Contractor"as defipned ih Section 119.0701(1)(a),the Consultant shall: and(1) Keep" maintain public'records required by the City to perform the service; (2) Upon request fromthe City's,custodian of public records, provide the City with a .4. ' 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 publicArecords.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. 10 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Updated 01-12-2021 (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. (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 rr(eC provide the public- to the City within a reasonable time may be subject to penalties under:;s. 119.10.,. • (E) CIVIL ACTION. ' -'1� (1) If a civil action is filed against a Consult nt:to compel production of public records relating to the City's contract for servic*the court shall'.assess.and award against the Consultant the ,reasonable' 4costs of enforcement, including reasonable attorneys' fees, •„ 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 befor&.:filmgrthe action, the plaintiff provided written notice of the public r;records'4equest, including a statement that the Consultant has not,_complied with 'the request, to the City and to the Consultant F (2) A notice complles,�with subpatrragrapli•,(1)(b))`If iit is sent to the City's custodian of public records and'to,,the Consultant„at the Consultants address listed on its contract with the City or:to the,Consultants registered agent. Such notices must be sent by common,-,carrier delivery service or by registered, Global Express Guaranteed, or certified mall;$with'postage or shipping paid by the sender and with`evidenee,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 for the reasonable costs of enforcement. (F) 'IF. THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION'OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S-Ti 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: RAFAELGRANADOna.MIAMIBEACHFL.GOV PHONE: 305-673-7411 10.8 FORCE MAJEURE 11 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Updated 01-12-2021 (A) A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of the Consultant or the City's obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine.:!restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. . (B) If the City or Consultant's performance of itsycontractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party:>,shallimmediately, upon learning of the occurrence of the event or,of the,commencement of-any`such delay, but in any case within fifteen (15) ;t usiness,=;days thereof, provide notice: (i) of the occurrence of event of Force Majeure,�(ii) of the nature''of, the,event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv).of the anticipated period of the delay, and (v) of what course'of action such party plans to take in order to mitigate the detrimental effects of the event.;The timely delivery of the notice of the occurrence of a Force Majeure event is a condition*recedenttito•allowance of any relief pursuant to this section; however, receipt of such'>notice'shall not'constitute acceptance that the event claimed to be a Force Majeure eventlis in`fact Force Majeure, and the burden of proof of the occurrence of a'Force:Majeure event shall be on the requesting party. (C) No party hereto shall be°liable-ffor its'!failure to carry out its obligations under the Agreementduring a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreementdue.to a Force Majeure event shall be of no greater scope and no longer durationy.than i>; ;required. The party shall use its reasonable best efforts to ,continue to perform.its..obligations hereunder to the extent such obligations are not ,,,affected or are only;partially affected by the Force Majeure event, and to correct or cure `the event•or.condition excusing performance and otherwise to remedy its inability to perform.:to 4h'kextent:;its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. (D) Obligations ursuant to the Agreement that arose before the occurrence of a Force Majeure event,:'causing the suspension of performance, shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. (E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend the City's payment obligations under the Agreement, and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period 12 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Updated 01-12-2021 greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a given date, by giving written notice to Consultant of such termination. If the Agreement is terminated pursuant to this section, 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. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 10.9 E-VERIFY (A) Consultant shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time tO'f.:time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Consultant shall register,with and use the E- Verify system to verify the work authorization status of all newly:hired employees during the Term of the Agreement. Additionally, Consultant shallexpressly require any subconsultant performing work or providing services pursuant'=to,the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new erriployees hired'by4he subconsultant during the contract Term. If Consultant enters,nto a contract with anapproveOubconsultant, the subconsultant must provide ti the Consultant with an .affdayit" stating that the subconsultant does not employ,,,,contract;with; or subcontract with an unauthorized alien. Consultant shall maintain;{la, copy.of:such affidavit for the duration of the Agreement or such other extended period as may;be required under this Agreement. (B) TERMINATION RIGHTS. (1) If the City has a\good faith belief that Consultant has knowingly violated Section 448.09(1), Florida. 'Sttatutes,?,'the Ci4 shall terminate this Agreement with Consultant for cause,and the ;City shall thereafter have or owe no further obligation or liability to Consultants , (2) If the las,a good faith belief that a subconsultant has knowingly violated the foregoing Subsection 109(A), but the Consultant otherwise complied with such subsection, the City'will promptly notify the Consultant and order the Consultant to immedately;terminatethe Agreement with the subconsultant. Consultant's failure to terminate a subconsultant shall be an event of default under this _Agreement,entitling City to terminate the Consultant s contract for cause. (3) `7" A':contract,terminated under the foregoing Subsection (B)(1) or (B)(2) is not in breach of,contraet and may not be considered as such. (4) The City or CConsultant or a subconsultant may file an action with the Circuit or County,Court to challenge a termination under the foregoing Subsection (B)(1) or (B)(2)'no'later than 20 calendar days after the date on which the contract was terminated. (5) If the City terminates the Agreement with Consultant under the foregoing Subsection (B)(1), Consultant may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) Consultant is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 10.9. SECTION 11 NOTICES 13 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Updated 01-12-2021 Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: [FILL IN] TO CITY: [FILL IN] All notices mailed electronically to either party shall be deemed;tube sufficiently transmitted. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS Y F. This Agreement cannot be modified or amended without the:';express written:-consent of the parties. No modification, amendment, or alteration of the terms contained herein shall be effective unless contained in a,written,;documentexecuted-with';the same formality and of equal dignity herewith. 12.2 SEVERABILITY `,y^. - ;� -';� If any term or provision of:ths.Agreement s;:held':invalid or-unenforceable, the remainder of this Agreement shall not be affected Varid._every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted byelaw. 12.3 WAIVER OF BREACH A party's failure to enforce ary provision�'of this Agreement shall not be deemed a waiver of such provision or modification of`tnis,Agreement. A party's waiver of any breach of a provision of thisrAgreement shall not be,deemed:a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. YI, 12.4 JOINT.PREPARATION,. ih yt The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was„necessary for them to form a full and complete understanding of all rights and obligations herein'and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 12.5 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 14 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Updated 01-12-2021 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] 1, 1 '.. n Y;, 44 ,;n y fn,� ` r4- '1.fit_'/+'4,^ �`i�i^r,. }''c:.. LSD + .. '1c.. *'t?:% r, s: 15 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Updated 01-12-2021 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: By. `•.+4 �s. City Clerk City Manager ` ,r„,,,y,r'. Date: f. r ;;t• a •,`rti. ,a:;a a tF. +' f FOR CONSULTANT: ;,i�-.':- :,[INSERT NAME] ATTEST: `� \ ,` ,:1 ,:: . '51 'e By: ':v� 2� N s : ZA fi=\ ,11, 4' ,e'1 Print:Name and Title ems;..,:-,,� h; Print Name and Title `Date: : .. ; ''" t(,,, ':,-,it F:ATTO/TORG/Agreements/Professional Services Agreement 2017 modified 12-19-2017 16 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC MIAMI BEACH APPENDIX C MIAMI C H Insurance Requirements 2022- 185-ND NOISE, ACOUSTIC, AND SOUND CONSULTING SERVICES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC MIAMI BEACH INSURANCE REQUIREMENTS The vendor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract,which could result in withholding of payments or termination of the contract. A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. Should the Vendor be exempt from this Statute,the Vendor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt Vendor shall also submit(i)a written statement detailing the number of employees and that they are not required to carry Workers'Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or(ii)a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than$100,000 per occurrence. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles,then coverage for hired and non-owned automobiles,with limit no less than $100,000 combined per accident for bodily injury and property damage. D. Professional Liability(Errors&Omissions)Insurance appropriate to the Consultant's profession,with limit no less than$ 100,000 per occurrence. Additional Insured-City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies(except Professional Liability and Workers'Compensation)arising out of work or operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. Notice of Cancellation-Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. Waiver of Subrogation—Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However,this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers—Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated,exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC MIAMI BEACH Verification of Coverage—Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However,failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH c/o EXIGIS Insurance Compliance Services P.O. Box 4668—ECM#35050 New York, NY 10163-4668 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-rniamibeach@riskworks.com Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. Balance of Page Intentionally Left Blank DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC ATTACHMENT C SUNBIZ& PROPOSAL RESPONSE TO RFQ DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Corporations Division Business Entity Summary ID Number:001156216 Request certificate New search Summary for: CROSS-SPECTRUM ACOUSTICS,INC. The exact name of the Domestic Profit Corporation: CROSS-SPECTRUM ACOUSTICS, INC. Converted from CROSS-SPECTRUM ACOUSTICS LLC on 01-05-2015 Entity type: Domestic Profit Corporation Identification Number: 001156216 Date of Organization in Massachusetts: 01-05-2015 Last date certain: Current Fiscal Month/Day: 12/31 The location of the Principal Office: Address: 25A GRANBY ST City or town,State,Zip code,Country: EAST LONGMEADOW, MA 01028 USA The name and address of the Registered Agent: Name: HERBERT L. SINGLETON,JR. Address: 25 GRANBY ST City or town,State,Zip code,Country: EAST LONGMEADOW, MA 01028 USA The Officers and Directors of the Corporation: Title Individual Name Address PRESIDENT HERBERT SINGLETON JR 90 STEPHANIE CIR SPRINGFIELD, MA 01129 USA TREASURER HERBERT SINGLETON JR 90 STEPHANIE CIR SPRINGFIELD, MA 01129 USA SECRETARY LANCE MEISTER 875 E. NORTHCREST DR SALT LAKE CITY,UT 84103 USA DIRECTOR HERBERT SINGLETON JR 90 STEPHANIE CIR SPRINGFIELD, MA 01129 USA DIRECTOR LANCE MEISTER 875 E. NORTHCREST DR SALT LAKE CITY, UT 84103 USA Business entity stock is publicly traded: O The total number of shares and the par value,if any,of each class of stock which this business entity is authorized to issue: 1 Total Authorized Total issued and outstanding Class of Stock Par value per share No.of shares Total par value No.of shares CWP $0.01 1,000 $ 10.00 0 LU Consent O Confidential Data 0 Merger Allowed O Manufacturing View filings for this business entity: ALL FILINGS m Administrative Dissolution E Annual Report Application For Revival Articles of Amendment View filings Comments or notes associated with this business entity: /. DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC New search BID SUBMITTAL QUESTIONNAIRE DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC 67E CERTIFICATION F�IFORM_.Ss B 7V7� t — W89 This document is a REQUIRED FORM that must be submitted fully completed and submitted. Solicitation No: Solicitation Tile: 2022-185-ND Noise,Acoustic,and Sound Consulting Services BIDDER'S NAME:Cross-Spectrum Acoustics,Inc. NO.OF YEARS IN BUSINESS:11 NO.OF YEARS IN BUSINESS LOCALLY: NO.OF EMPLOYEES:10 OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS:CmgSpacbum Acoustics,LLC BIDDER PRIMARY ADDRESS(HEADQUARTERS):Z5A Granhy St CITY:East Longmndow STATE:IAA ZIP CODE:01025 TELEPHONE NO.:(413)315.5770 TOLL FREE NO.: FAX NO.: BIDDER LOCAL ADDRESS: CITY: STATE: ZIP CODE PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT."Wind Slnptaton Jr ACCOUNT REP TELEPHONE NO.:(413)3155770 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL:hsInglaton®oa ouatto.com FEDERAL TAX IDENTIFICATION NO.:45-3091315 By virtue of submitting a bid,bidder agrees:a)to complete and unconditional acceptance of the terms and conditions of this document,inclusive of this solicitation,all specifications, attachments, exhibits and appendices and the contents of any Addenda released hereto; b)to be bound, at a minimum,to any and all specifications, terms and conditions contained herein or Addenda;c)that the bidder has not divulged,discussed,or compared the proposal with other bidders and has not colluded with any other bidder or party to any other bid;d)that bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws;e)the bidder agrees if this bid is accepted,to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the bidder and the City of Miami Beach,Florida,for the performance of all requirements to which the bid pertains;and f)that all responses,data and information contained in the bid submittal are true and accurate. The individual named below affirms that s/he:is a principal of the applicant duly authorized to execute this questionnaire,and that the contents of said document(s)are complete,true,and correct to the best of his/her knowledge and belief. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Herbert Singleton Hr Representative: President DocuSign Envelope ID:F45CDD31-E72B-458F`80B0-4B310CFB34FC r. gDUM After issuance of solicitation, the City may release one or more addendum to the solicitation, which may provide additional information to bidders or alter solicitation requirements. The City will strive to reach every bidder having received solicitation through the City's e- procurement system. However, bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the bidder has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Enter Initial to Enter Initial to Enter Initial to Confirm Confirm 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. SECTION 3-CONFLICT OF INTEREST All bidders 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. Further, all bidders must disclose the name of any City employee who owns, either directly or indirectly,an interest of ten(10%)percent or more in the bidder entity or any of its affiliates. p YES ig NO If yes,please disclose the name(s): FIRST AND LAST NAME OCCUPATION 1 2 3 4 5 6 SECTION 4-FINANCIAL CAPACITY When requested by the City, each bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report(SQR)directly to the City. 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 bidder.The bidder shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/Su pplierPortal?storeld=11696 Bidders are responsible for the accuracy of the information contained in its SQR.It is highly recommended that each bidder 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. At time of request, bidder shall request that Dun&Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within three (3)days of request. SECTION 5-MORATORIUM ON TRAVEL TO AND THE PURCHASE OF GOODS OR SERVICES FROM MISSISSIPPI Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the state of Mississippi, as well as the purchase of goods or services sourced in Mississippi. Bidder shall agree that no travel shall occur on behalf of the City of Miami Beach to Mississippi,nor shall any product or services it provides to the City be sourced from this state. By virtue of submitting bid,bidder agrees it is and shall remain in full compliance with Resolution 2016-29375 https://www.miamibeachfl.gov/wp-content/uploads/2017/11/2016-29375-Resolution-Vendor-Moratorium-for-Services-Sources-from-North- Carolina-Mississippi=l.pdf DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC SECTION 6-REFERENCES AND PAST PERFORMANCE Project No. 2022-185-ND Project Title Noise,Acoustic, and Sound Consulting Services Bidder shall submit at least three(3)references for whom the bidder has completed work similar in size and nature as the work referenced in solicitation. Reference No.1 Firm Name:Town of Hannover,VT Contact Individual Name and Title:Vicki Smith,Senior Planner Address:41 South Main Street,Hanover,NH 03755 Telephone:(603)640-3214 Contact's Email:vicki.smith@hanovernh.org Narrative on Scope of Services Provided: CSA was retained by the Town of Hanover,NH to aid in the assessment of noise from the Dartmouth Indoor Practice Facility(IPF)during the • pre-construction permitting process and then after the faciility was constructed.CSA conducted a series of measurements before the facility was built and used the data to help the Town development noise limits for the project.CSA later performed measurements after the facility was built to characterize noise from the HVAC and sound reinforcement systems,and to determine compliance with the Town limits.CSA coordinated with the IPF designers to identify situations where the facility was not in compliance with limits.The designers were able to correct deficiencies and bring the IPF into compliance with Town requirements. Reference No.2 Firm Name:Federal Transit Administration Contact Individual Name and Title:Antoinette Quagliata,Manager Sustainability Services,Dew-berry(formerly FTA) Address:600 Parsippany Road Suite 301 Parsippany,NJ 07054 Telephone:(973)576-9653 Contact's Email:aquagliata@dewberry.com Narrative on Scope of Services Provided: Cross-Spectrum Acoustics Inc.(CSA)staff has been working with the FTA on their noise and vibration guidance for decades.Lance Meister and Dave Towers of CSA are authors of the 2006 version of the Federal Transit Administration'A A s(FTA)guidance manual"Transit Noise and Vibration Impact Assessment,"A A A A which is used by consultants in preparing environ-mental assessments for transit projects and by agency staff for evaluating the impacts of projects. Mr.Meister and Herb Singleton of CSA are authors on the 2018 update of the manual,which includes new noise sources,revised guidance and policy on mitigation,and clarifications to assessment methodologies for combined highway/transit projects. CSA staff have utilized the methodology in the FTA'A A s guidance manual on over 500 projects throughout the country,including:light rail transit(LRT),bus rapid transit(BRT),streetcar,heavy rail,commuter rail,inter-city and high-speed rail,and freight rail systems. CSA is also the instructor for the National Transit Institute(NTI)/FTA noise and vibration impact assessment training courses.CSA staff have been teaching these courses for over 17 years at locations throughout the country. Reference No.3 Contact Individual Name and Title:Town of New Haven,VT;Cindy Hill,Hill Attorney PLLC Address:144 Mead Lane, Middlebury VT 05753 Telephone:802-458-4146 Contact's Email:lawyerhill@yahoo.com Narrative on Scope of Services Provided: CSA was retained by the Town of New Haven,VT to assess existing noise conditions at residences near the location of a proposed High-Voltage Direct Current(HVDC)converter station.CSA conducted long-term noise and meteorological measurements at six locations over a 10-day period to characterize noise levels at residences.The measurement results were used to recommend noise limits and compliance goals for the project.The results were presented at a public meeting to residences and a computerized audibility demonstration was provided to help contextualize noise levels from the project. A DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Firm Name:Federal Highway Administration Contact Individual Name and Title:Aileen Varela-Margolles,FHWA Highway Noise Program Address: 1200 New Jersey Avenue,SE,Washington,DC 20590 Telephone:(305)978-7780 Contact's Email:a.varela-margolles@dot.gov Narrative on Scope of Services Provided: CSA staff participated in a Federal Highway Administration(FHWA)project that resulted in updated and new guidance material for highway traffic noise measurements and review of noise modeling,analysis,and associated reports and documentation.The Handbook and Guide provide descriptions of applicable measurement methodologies, including instrumentation, metrics, site selection, measurement procedure, and data analysis and reporting,as well as measurement preparation checklists and field forms. SECTION 7-STANDARD TERMS AND CONDITIONS The Standard Terms and Conditions are available at https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions✓By virtue of submitting a bid, bidder attests that they have read and understand the applicable Standard Terms and Conditions as indicated in the solicitation. Project No. 2022-185-ND Project Title Noise,Acoustic, and Sound Consulting Services SECTION 8-VENDOR CAMPAIGN CONTRIBUTIONS Bidders 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 https://library.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR_CH2AD ARTVIISTCO_DIVSCAFIRE Bidders 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 bid submittal, in the event of such non- compliance. Are there any individuals or entities (including your sub-consultants) with a controlling financial interest which have 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. ID YES p NO If yes,list name(first and last name)of individuals,occupation,amount and date: First and Last Name Contributor Occupation Amount Date of Contribution 1 2 3 4 5 6 7 8 9 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-46310CFB34FC ARMENT,OR CONTRACT CANCELLATION Has bidder ever been debarred,suspended or other legal violation,or had a contract cancelled due to non-performance by any public sector agency? 0 YES p NO If answer to above is"YES,"bidder shall submit a statement detailing the reasons that led to action(s): SECTION 10-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 bids,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. Does bidder provide or offer access to any benefits to employees with spouses or to spouses of employees? IN YES 0 NO Does bidder provide or offer access to any benefits to employees with(same or opposite sex)domestic partners or to domestic partners of employees? p YES ® NO 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. Bidder Provides for Bidder Provides for Bidder does not -BENEFIT- -Employees-with -Employees with Spouses Domestic Partners Provide Benefit Health Yes _ No Sick Leave Yes Yes Family Medical Leave Yes Yes Bereavement Leave Yes Yes If Bidders 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 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 http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/ DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC SECTION 11-BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM APPENDIX A,44 C.F.R.PART 18—CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants,Loans,and Cooperative Agreements The undersigned Contractor certifies,to the best of his or her knowledge,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure,if any. In addition,the Contractor understands and agrees that the provisions of 31 U.S.C.§3801 et seq.,apply to this certification and disclosure,if any. By virtue of submitting bid,bidder certifies or affirms its compliance with the Byrd Anti-Lobbying Amendment Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Herbert Singleton Jr Representative: President DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC SECTION 12—SUSPENSION AND DEBARMENT CERTIFICATION The Contractor acknowledges that: (1)This Contract is a covered transaction for purposes of 2 C.F.R.pt.180 and 2 C.F.R.pt.3000.As such the contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates(defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified(defined at 2 C.F.R.§180.935). (2)The Contractor must comply with 2 C.F.R. pt. 180,subpart C and 2 C.F.R. pt.3000,subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3)This certification is a material representation of fact relied upon by the City.If it is later determined that the Contractor did not comply with 2 C.F.R.pt. 180,subpart C and 2 C.F.R. pt. 3000,subpart C, in addition to remedies available to the City,the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4)The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions." By virtue of submitting bid,bidder certifies or affirms its compliance with the Suspension and Debarment Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Herbert Singleton Jr Representative: President SECTION 13-SMALL AND DISADVANTAGED BUSINESS CERTIFICATION Pursuant to Resolution 2020-31519, the City is tracking the Small and Disadvantaged Businesses, as certified by Miami-Dade County that have been certified as Small or Disadvantaged Business by Miami-Dade County. Does bidder possess Small or Disadvantaged Business certification by Miami-Dade County? O YES ® NO SECTION 14-LGBT BUSINESS ENTERPRISE CERTIFICATION Pursuant to Resolution 2020-31342,the City is tracking the utilization of LGBT owned firms that have been certified as an LGBT Business Enterprise by the National Gay and Lesbian Chamber of Commerce(NGLCC). Does bidder possess LGBT Business Enterprise Certification by the NGLCC? p YES ® NO SECTION 15--CONE OF SILENCE Pursuant to Section 2-486 of the City Code,all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at hops://library.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAGEOR CH2AD ARTVIISTCO DIV4PR 52-486COSI Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director,or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation.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 Vendor attests that they have read,understand,and are in compliance with the Cone of Silence Ordinance,pursuant to Section 2-486 of the City Code? ® YES p NO DocuSign Envelope ID:F45CDD31-E726-458F-80B0-4B310CFB34FC _JDE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-37879,the Bidder shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its response or within three (3) days upon receipt of request. The Code shall, at a minimum, require the Bidder, 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. Bidder shall submit firm's Code of Business Ethics within three (3) of request by the City. In lieu of submitting Code of Business Ethics, Vendor may indicate that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at http://www.miamibeachfl.gov/city_ hall/procurement/procurement-related-ordi nance-and-procedures/ Bidder adopts the City of Miami Beach Code of Business Ethics? ® YES 0 NO Bidder will submit firm's Code of Business Ethics within three(3)days of request by the City? ® YES 0 NO SECTION 17—DRUG FREE WORKPLACE CERTIFICATION The Drug Free Workplace Certification is available at: https://www.mia mibeachfl.gov/wp-content/uploads/2019/04/DRUG-FREE-WORKPLACE-CERTI FICATION.pdf By virtue of submitting bid, bidder certifies or affirms it has adopted policies, practices and standards consistent with the City's Drug Free Workplace Certification. SECTION 18—LOBBYIST REGISTRATION REQUIREMENTS This solicitation is subject to, and all bidders are expected to be or become familiar with, all City lobbyist laws. Bidders 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. By virtue of submitting bid,bidder certifies or affirms that they have read and understand the above Lobbyist Registration Requirements. SECTION 19—NON-DISCRIMINATION The Non-Discrimination ordinance is available at: https://library.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR 52-375NSCCOREWA By virtue of submitting bid,bidder agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. SECTION 20—FAIR CHANCE REQUIREMENT The Fair Chance Ordinance No.2016-4012 is available at: https://library.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAGEOR CH62HURE ARTVFACHOR By virtue of submitting bid, bidder certifies that it has adopted policies,practices and standards consistent with the City's Fair Chance Ordinance.Bidder agrees to provide the City with supporting documentation evidencing its compliance upon request. Bidder further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity. SECTION 21—PUBLIC ENTITY CRIMES Please refer to Section 287.133(2)(a),Florida Statutes,available at: . tps://www.flsenate.gov/Laws/Statutes/2012/287.133 By virtue of submitting bid, bidder agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. DocuSign Envelope ID:F45CDD31-E72B-458F-80130-4B310CFB34FC- rJSINESS ENTERPRISES PREFERENCE Pursuant to City of Miami Beach Ordinance No. 2011-3748, jps://Iibrary.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR_S2-374PRPRPRVECOGOCOSE the City shall give a preference to a responsive and responsible bidder 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 and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount.Whenever, as a result of the foregoing preference,the adjusted prices of two (2)or more bidders which are a small business concern owned and controlled by a veteran(s)or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB, RFP, RFQ, ITN or oral or written request for quotation,and such bids 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. Is the bidder a service-disabled veteran business enterprise certified by the State of Florida? 0 YES ® NO Is the bidder a service-disabled veteran business enterprise certified by the United States Federal Government? p YES ® NO DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC (©) Cross-Spectrum Acoustics Natalia Delgado,Procurement City of Miami Beach 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 Subject:PROPOSAL TO PROVIDE NOISE,ACOUSTIC,AND SOUND CONSULTING SERVICES FOR THE CITY OF MIAMI BEACH,BID 2022-185-ND May 23,2022 Dear Ms. Delgado, Cross-Spectrum Acoustics Inc.(CSA)is pleased to submit this proposal to the City of Miami Beach,FL in response to the Request for Qualifications (RFQ) for Noise, Acoustic, and Sound Consulting Services. Our Statement of Qualifications(SOQ)addresses each of the proposal requirements in the order in which they were requested. High- lights of our experience include: • CSA is a full-service acoustical consulting firm. Our staff of engineers and technical personnel has a com- bined 180 years of project experience,with specialties in traffic and highway noise studies and noise and vibration measurement systems. • Herbert L.Singleton Jr.,INCE Bd.Cert will serve as your Project Manager.Mr. Singleton has over 25 years of acoustical engineering experience, is INCE Board Certified,and is President and a co-founder at CSA.His specialties include acoustical measurements and modeling. He has applied these skills to sound and vibration analyses for transportation,construction,entertainment and architectural projects. He will be supported by Dr. Judy Rochat and Mr. David Towers who bring highway, transit, and construction noise expertise to the team.All three principals have experience supporting government clients,including litiga- tion support,code enforcement and code review. • CSA is a certified MBE/DBE firm in over 20 states and our costs are well below those of other similar firms in the consulting field. CSA intends to conduct most of the scope of work from our MA offices with support from our California and Utah office as-needed.CSA uses Microsoft Teams for conference calls and meetings which allows for video conferencing and screen-sharing and has a corporate file transfer site to handle large files. Thank you very much for your consideration of this proposal. We look forward to your response and would be happy to discuss any aspect of it with you in more detail. Sincerely, Herbert L. Singleton Jr.,INCE Bd.Cert. ill. Ai, a. Cross-Spectrum Acoustics Inc. (413)315-5770/hsingleton@csacoustics.com DocuSign Envelope ID:F45CDD31-E7213-458F-80B0-4B310CFB34FC ((a)) Cross•Spectrum Acoustics Cross-Spectrum Acoustics Inc. Massachusetts Utah California Table of Contents 1 EXPERIENCE AND QUALIFCIATIONS OF THE FIRM AND TEAM 1 1.1 QUALIFICATIONS OF PROPOSING FIRM 1 1.2 QUALIFICATIONS OF PROPOSER TEAM 4 2 APPROACH AND METHODOLOGY 15 www.csacoustics.com (413)315-5770 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC (0) Cross•Spectrum Acoustics 1. EXPERIENCE AND QUALIFICATIONS OF THE FIRM AND TEAM Cross-Spectrum Acoustics Inc. (CSA) is a full-ser- vice acoustical consulting firm.Our staff of engineers and technical personnel has a combined 180 years of project experience,with specialties in: ti • Community,and recreational noise , • Industrial,and energy noise h ; ` �►� P 1 • Transportation noise and vibration • Architectural acoustics • Noise and vibration measurement systems Based in Massachusetts,Utah,and California,we of- fer our services nationwide. CSA consultants are ac- In addition,CSA staff have experience consulting on tive members of the acoustics community: or reviewing a wide variety of community noise pro- • Transportation Research Board jects, including from summer camps, performance • Institute of Noise Control Engineering venues, gun ranges, motorsports, sports fields and • Acoustical Society of America other recreational sources. We can conduct noise and • National Council of Acoustical Consultants vibration measurements of community noise sources to determine their impact on residences, learning CSA takes pride in our ability to help the public un- spaces, office environments, and medical facilities. derstand complex issues related to noise in a simple We can assess sleep disturbance, speech intelligibil- and straightforward manner. Our staff have repre- ity, sound isolation between spaces, and structure- sented municipal, state and Federal clients in public borne noise caused by MEP sources.We can measure meetings for projects across the country. We have acoustical parameters such as reverberation time also provided litigation support and expert witness (RT60), field sound transmission class (STC) and testimony on behalf of our clients. speech transmission index(STI)to help resolve inte- CSA has received Minority Business Enterprise rior acoustical problems. We use the industry-stand- (MBE) and Disadvantaged Business Enterprise and EASE, SoundPlan and INSUL computer models (DBE) certifications from over 20 states including as well as reference literature to assess the perfor- Florida. mance of structural elements,to model interior noise levels and to recommend appropriate mitigation 1.1. QUALIFICATIONS OF PROPOSING FIRM measures. CSA has experience on a wide variety of community ". noise projects having analyzed noise from a variety of sources including recreational sources, rooftop HVAC equipment,construction noise,industrial pro- ` 1111 cesses,and commercial facilities.We have performed r short-term and long-term outdoor measurements un ir •� der a variety of conditions to accurately characterize j noise levels ins a project area. Our firm has extensive measurement and modeling ; " • capabilities. We use off-the-shelf and customized computer models and reference literature to predict ti future sound levels and to recommend appropriate mitigation measures. DocuSign Envelope ID:F45CDD31-E72B-458F-8080-4B310CFB34FC (0) Cross•Spectrum Acoustics 2 Finally, CSA conducts transportation noise evalua- "Transit Noise and Vibration Impact Assessment," tions of all types including screening assessments, which is used by consultants in preparing environ- noise impact studies,preliminary and final noise bar- mental assessments for transit projects and by agency rier design,and special studies. Services provided by staff for evaluating the impacts of projects. CSA include rail and roadway noise measurements, transportation noise modeling using FHWA's Traffic Noise Model(TNM®)or FTA Guidance Manual pro- g - F<; cesses, noise abatement design, National Environ- 3 P+ "' mental Policy Act and state-specific documentation, T o " and public outreach. CSA staff members have per- formed transportation noise studies of all levels of TRANSIT NOISE AND VIBRATION complexity throughout the United States for clients in IMPACT ASSESSMENT California,Texas,Massachusetts,New York,Minne- sota,Oklahoma,Arizona,Georgia,Washington,Ne- FTA VAB 1003a6 µ.,0306 vada,Utah,and many other states. CSA staff are au- II "= thors of the FTA Guidance Manual and the FHWA =*' Noise Measurement Handbook. -- ^— - ,. -,, -• , ,, r cc _ a. � �' _ a art or.a Waiving m,a Emnmmenl Federal tranen admintseaLbn Li ___ Mr. Meister and Herb Singleton of CSA are authors \ . PI ' on the 2018 update of the manual,which includes new noise sources,revised guidance and policy on mitiga- tion, and clarifications to assessment methodologies 4!\\ I for combined highway/transit projects. ' CSA staff have utilized the methodology in the FTA's � guidance manual on over 500 projects throughout the `„o country,including: light rail transit(LRT),bus rapid transit(BRT),streetcar,heavy rail,commuter rail,in- II' ter-city and high-speed rail,and freight rail systems. CSA is also the instructor for the National Transit In- stitute(NTI)/FTA noise and vibration impact assess- ment training courses. CSA staff have been teaching 1.1.1. Relevant Project Descriptions these courses for over 17 years at locations through- FTA Guidance Manual out the country. Cross-Spectrum Acoustics Inc. (CSA)staff has been Client Name Federal Transit Administration working with the FTA on their noise and vibration Client Contact Antoinette Quagliata,Manager guidance for decades. Lance Meister and Dave Tow- Sustainability Services,Dew- ers of CSA are authors of the 2006 version of the Fed- berry(formerly FTA) eral Transit Administration's(FTA)guidance manual DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC (©) Cross•Spectrum Acoustics 3 Contact aquagliata(a,dewberry.com • Preparation of construction noise and vibra- Information (973)576-9653 tion control specifications • Preparation of construction noise and vibra- Year/Terms 2006, Guidance Manual tion control plans 2018 Update On.oin: Trainin_ Courses Client Name WSP USA Client Contact Marilee Beebe,P.E. Walk Bridge Replacement Program Contact marilee.beebe@wsp.com The Connecticut Department of Transportation Information (CTDOT) initiated the Walk Bridge Program to re- (203)785-0456 place the 122-year-old deteriorating railroad bridge Year/Terms 2018-Present that crosses the Norwalk River in Norwalk,CT. !'�'�+ Lumber Yard Housing Development %'ti, � CSA conducted an assessment of existing noise and ����, vibration levels at the site of the proposed Lumber ��11�, P P 1q Yard Development apartment complex in Northamp- tt, �� . ton,Massachusetts to determine if the site meets Fed- ���� eral noise and vibration guidelines for residential use. 1 4 , The site abuts an existing freight right-of-way and a -ir` there was concern that noise and vibration generated gri by freight and intercity trains might exceed applicable � W,, limits. Under Mr. Singleton's supervision, CSA con- `:: +►� ducted long-term noise and vibration measurements ,_:, 1ys+ `� at the site to collected relevant metrics. CSA recom- '�l:,. mended specific changes to the architectural design to i +�L ensure that interior noise and vibration levels would °" ' r, be acceptable to future residents. The complex . opened in 2019 and has received positive reviews •i 1 __ from from tenants. i; As part of this program, CSA has been providing a ,. OP" wide variety of construction noise and vibration ser- 's"" - vices to CTDOT including: • Pre-construction background noise and vi- bration monitoring at sensitive locations Client Name Valley Community Develop- near the proposed construction sites ment Corporation • Pre-construction noise and vibration meas- Client Contact Joanne Campbell,Director urements of test pile driving and sheet driv- ing operations(see above photograph) Contact jc@valleycdc.com valleycdc.com Information (413)586-5855 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC ((CO Cross•Spectrum Acoustics 4 Year/Terms 2016 and environmental assessments for private firms and public agencies across the United States. He also 1.2. QUALIFICATIONS OF PROPOSER TEAM works with transducer manufacturers and vendors to evaluate the performance of audio equipment for de- We propose three highly qualified individuals to man- velopment and quality control purposes. age and support this noise study. The majority of the work will be conducted from our Massachusetts of- Mr. Singleton is familiar with a broad range of sound fices. This section includes 3 sample projects with and vibration measurement tools including sound references for each key staff member, as requested. level meters, unattended monitoring hardware and Full resumes including education and licensure are digital acquisition systems. His expertise lies in the provided at the end of this section. implementation of cost-effective acoustical measure- ment solutions and he applies his knowledge of signal 1.2.1. Organizational Chart processing tools and data analysis techniques to solve problems at minimal cost. Mr. Singleton has also in- structed clients from public and private firms in the Herbertn use of sound and vibration measurement tools for en- President vironmental assessments.Furthermore,Mr.Singleton EnManager teettair has presented measurement results to the lay public c°'"""""ty/A"`'"`e``°`e via public meetings and workshops. ,e,ot David Towers,P.E., Judith Ro iat,PhD., Principal Principal DeputyProject Manager DeputyProlect Manager Transit/Construction Highway ♦ / ♦ CSA Stall Entertainment/Transit Entertainment! .,.,, -Scott Edwards Architectural Roberto Dere Neve Jorge Salts Catin KISS Mr. Singleton actively participates in professional or- ganizations. He is a past member of the Institute of Noise Control Engineering Board of Directors and a member of the INCE Certification Board.He contrib- 1.22. Key staff utes to working groups in the development of acous- Herbert L.Singleton Jr.,INCE Bd. Cert.,President tical standards and guidelines and has held organiza- tional roles in acoustical associations and confer- Mr. Singleton will serve as Project Manager for this ences. contract as well as community noise, entertainment noise,architectural acoustics expert. National Transit Institute Training Course As co-founder of Cross-Spectrum Acoustics Inc.,Mr. CSA teaches the National Transit Institute/Federal Singleton has over 25 years of acoustical engineering Transit Administration noise and vibration impact as- experience. His specialties include acoustical meas- sessment training courses at locations around the urements and modeling. He has applied these skills country. Our staff has been teaching these courses for to sound and vibration analyses for community,trans- over 12 years, with the most recent courses in Phoe- portation, construction, and architectural projects. nix AZ and New York NY in fall 2019,Chicago IL in Mr. Singleton conducts field survey measurements winter 2019, and Washington D.C. in spring 2017. DocuSign Envelope ID:F45CDD31-E728-458F-80B0-48310CFB34FC ((ci)) Cross•Spectrum Acoustics 5 The three-day course, sponsored by the National noise and meteorological measurements at six loca- Transit Institute,covers the entire noise and vibration tions over a 10-day period to characterize noise levels guidance manual, including screening, general and at residences. The measurement results were used to detailed assessments for noise and vibration, along recommend noise limits and compliance goals for the with information on mitigation measures and con- project. The results were presented at a public meet- struction noise and vibration. CSA staff have taught ing to residences and a computerized audibility over 400 students,including consultants, state DOT, demonstration was provided to help contextualize transit agency, and FTA regional and headquarters noise levels from the project. staff. Client Name Town of New Haven,VT Client Name Federal Transit Administration Client Contact Cindy Hill,Hill Attorney PLLC Client Contact Dee Phan Contact lawyerhill@yahoo.com Contact Dee.phan@dot.gov Information (802)388-1664 Information (202)366-1799 Year/Terms 2016-2017 Year/Terms 2014 IFIMPOMM Dartmouth Indoor Practice Facility Compliance Measurements Judy Rochat,Ph.D.,Principal Associate DrCSA was retained by the Town of Hanover,NH to aid Judy Rochat will serve as Deputy Project Man- in the assessment of noise from the Dartmouth Indoor ager as well as highway noise expert. Practice Facility (IPF) during the pre-construction Dr. Rochat has over 25 years of experience in trans- permitting process and then after the facility was con- portation noise and vibration,including highway,rail, structed. CSA conducted a series of measurements and aircraft-related projects. She has experience in before the facility was built and used the data to help both the public and private sectors, with projects the Town development noise limits for the project. ranging from prediction model development and pol- CSA later performed measurements after the facility icy support to research and environmental impact was built to characterize noise from the HVAC and analyses.Experience also includes extensive data col- sound reinforcement systems,and to determine corn- lection and analyses,standards development,and pro- pliance with the Town limits. CSA coordinated with fessional course instruction. the IPF designers to identify situations where the fa- Dr.Rochat played an integral role in development of cility was not in compliance with limits. The design- the Federal Highway Administration(FHWA)Traffic ers were able to correct deficiencies and bring the IPF Noise Model (TNM) and Roadway Construction into compliance with Town requirements. Noise Model (RCNM), supported the Federal Avia- Client Name Town of Hanover tion Administration Integrated Noise Model (INM), developed an advanced noise prediction spreadsheet Client Contact Vicki Smith following Federal Transit Administration guidance, Contact Vicki.smith@hanovernh.org and developed software for sonic boom research. She Information is one of the authors of the FHWA Noise Measure- (603)-640-3214 ment Handbook and Field Guide and has participated Year/Terms 2016-2020 in highway noise environmental analyses, including new alignments,highway expansions,bridge deck re- flections, barrier design, homes, schools, churches, New Haven VELCO Emergency Ops Center recreational areas,building noise reduction measure- CSA was retained by the Town of New Haven,VT to ments,and barrier insertion loss determination for ex- assess existing noise conditions at residences near the fisting barriers. She is an international expert on tire- location of a proposed High-Voltage Direct Current pavement noise and quieter pavements and has par- (HVDC)converter station.CSA conducted long-term ticipated in numerous studies and tasks, addressing DocuSign Envelope ID:F45CDD31-E72B-458F-8060-4B310CFB34FC (©) Cross-Spectrum Acoustics 6 measurement,prediction,and policy issues related to project involved clarification of abatement commit- how pavement type affects highway traffic noise;this ments and evaluation of the achieved noise reduction includes being a key contributor to related U.S.meas- at the home in question through barrier insertion loss urement standards. She is also a certified instructor measurements and analysis. for the National Highway Institute Course, Highway Traffic Noise. Client Name Los Angeles Metro In addition, Dr. Rochat has managed/participated in Client Contact Erika Wilder numerous rail noise and vibration studies and has also Contact wilderer@metro.net provided support for detectability studies related to Information both rail and aircraft noise. Dr. Rochat has managed (213)922-7305 and participated in special research studies covering Year/Terms 2017-2018 the following topics: changes in sound due to noise barrier and building reflections, noise and vibration from road discontinuities, temperature effects on FHWA Noise Measurement and Modeling Tech- highway traffic noise, combining measured and pre- niques dicted data to characterize vibration propagation,mo- Dr. Rochat participated as a team member for a Fed- torcycle noise, rumble strips, and quieter pavement eral Highway Administration (FHWA) project that benefits and longevity. resulted in updated and new guidance material for NCHRP 25-57, Breaking Barriers: Alternative highway traffic noise measurements and review of Approaches to Avoiding and Reducing Highway noise modeling, analysis, and associated reports and Traffic Noise Impacts documentation.Judy led the effort to update the Noise Measurement Handbook and assisted with a Noise Dr Rochat was the Principal Investigator for the Na- Measurement Field Guide.The Handbook and Guide tional Cooperative Research Program(NCHRP)pro- provide descriptions of applicable measurement ject to evaluate strategies beyond noise barriers to re- methodologies, including instrumentation, metrics, duce highway traffic noise. The research team per- site selection,measurement procedure,and data anal- formed the following tasks: 1) synthesized infor- ysis and reporting, as well as measurement prepara- mation for 14 strategies, including noise reduction, tion checklists and field forms. associated construction and maintenance costs, and context-appropriateness for highway design and man- Client Name FHWA agement;2)investigated three combinations of prom- Client Contact Aileen Varela-Margolles, ising strategies; and 3) provided a related technical Pro- report, presentation, and a flowchart-based practi- gramHighway Noise tioner resource. gram Contact a.varela-margolles@dot.gov Client Name National Academies Information (305)978-7780 Client Contact Ann Hartell, Senior Program Officer,NCHRP Year/Terms 2016-2017 Contact ahartell@nas.edu Information (202)334-2369 David Towers,P.E.,INCE Bd. Cert.,Principal As- Year/Terms 2019-2021 sociate Mr.Towers will serve as Deputy Project Manager and California I-405 Noise Barrier Evaluation Transit and Construction Noise Expert. Dr. Rochat supported Los Angeles Metro addressing With over 45 years of experience as an acoustical a noise complaint along I-405, where the highway consultant,David Towers has worked on projects in a was improved and new noise barriers erected. This variety of areas including environmental, industrial, DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC ((a)) Cross•Spectrum Acoustics 7 and architectural noise and vibration control. He spe- Year/Terms 2017-present cializes in noise and vibration control for rail trans- portation systems and for construction projects. His activities in these fields have included measurements, Metra UP North Rebuild: Fullerton to Addison acoustical design and specification, environmental assessments,and noise and vibration control develop- A noise and vibration impact assessment was con- ment. ducted for this project which consists of shifting the commuter rail track alignment and replacing retaining Mr. Towers has participated in a wide range of con- walls and eleven bridges over roadways along the struction noise and vibration control projects in the Metra Union Pacific(UP)North Line in Chicago,IL. U.S. including noise and vibration monitoring, envi- The project corridor passes through densely popu- ronmental assessments, specification development lated single-family and multi-family residential and mitigation design. In these activities,he has pro- neighborhoods, and the proposed shift in the track vided consulting services to engineers, developers alignment and new construction have the potential to and planners,and to transportation agencies and pub- result in both long-term operational and short-term lic works agencies. construction noise and vibration effects. Therefore, a In addition,Mr.Towers has a wide range of rail trans- noise and vibration impact assessment was conducted portation experience in the U.S.and abroad including in accordance with U.S. Federal Transit Administra- noise control for vehicles and facilities, compliance tion (FTA) methodology and criteria guidelines as tests, environmental assessments, construction noise part of an environmental study leading to the prepa- and vibration control and community measurement ration of a Documented Categorical Exclusion programs. He is a co-author of two U.S. transporta- (DCE). tion agency guidance documents on noise and vibra- Client Name CDM Smith tion impact assessment,including the Federal Transit Administration manual for transit projects and the Client Contact Steve Hands, Senior Project Federal Railroad Administration manual for high- Manager speed ground transportation projects. Contact handssl@cdmsmith.com DART Cotton Belt Corridor Information (312)780-7809 Detailed noise and vibration analyses were conducted Year/Terms 2021-present as part of an environmental impact assessment for a commuter rail project in the Dallas,TX area.The pro- ject's primary purpose is to provide passenger rail San Joaquin Joint Powers Authority ACE For- connections and service along a 26-mile corridor tray- ward Improvements Project ersing seven cities in the northern part of the Dallas CSA is the noise and vibration consultant on the ACE Area Rapid Transit (DART) service area. Tasks for Forward Improvements project, a complex project this project have included noise and vibration meas- with multiple alternatives and options to improve and urement surveys, development of noise and vibration expand ACE commuter rail services from the Central prediction models for diesel multiple unit (DMU) Valley into the San Jose area. The work has included trains, noise and vibration impact assessment, devel- extensive noise and measurements and a detailed opment of noise and vibration mitigation recommen- noise assessment for the project,including additional dations, preparation of technical reports and partici- trains, new service options and connections with pation at public meetings and workshops. other transit operators in the area,an expanded oper- Client Name Dallas Area Rapid Transit ating area,grade-crossing noise and an assessment of maintenance facility operations. The current work on Client Contact Kay Shelton,Transit System the project is focused on extensions of ACE service Plan Project Manager to Sacramento and to Modesto. Contact kshelton@dart.org Client Name San Joaquin Regional Rail Information (214)749-3278 Commission DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC ((a)) Cross•Spectrum Acoustics 8 Client Contact Dan Leavitt Contact dan@acerail.com Information (209)944-6266 Year/Terms 2014-2021 1.2.3. Project Experience This information is included in the section above for each key team member. 1.2.4. Resumes We have included resumes,including education and licensure information,for key staff on the following pages as requested. DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC ((CO Cross-Spectrum Acoustics Herbert L. Singleton Jr, P.E., INCE Bd. Cert — President Employment History As co-founder of Cross-Spectrum Acoustics Inc.,Mr. Singleton has over 25 years of acoustical engineering experience. His specialties Cross-Spectrum Acoustics Inc. include acoustical measurements and modeling. He has applied 2011 to Present these skills to sound and vibration analyses for transportation, construction,and architectural projects.Mr. Singleton conducts field Cross-Spectrum Labs survey measurements and environmental assessments for private 2003—2011 firms and public agencies across the United States.He also works with transducer manufacturers and vendors to evaluate the Harris Miller Miller& Hanson Inc. performance of audio equipment for development and quality control 1995—2003 Consultant purposes. Education Mr. Singleton is familiar with a broad range of sound and vibration measurement tools including sound level meters,unattended B.S.Mechanical Engineering, monitoring hardware and digital acquisition systems. His expertise Massachusetts Institute of lies in the implementation of cost-effective acoustical measurement Technology,Cambridge,MA— 1995 solutions and he applies his knowledge of signal processing tools and MSc coursework,Audio Acoustics, data analysis techniques to solve problems at minimal cost.Mr. University of Salford, Salford,U.K.— Singleton has also instructed clients from public and private firms in 2001-2004 the use of sound and vibration measurement tools for environmental assessments.Furthermore,Mr. Singleton has presented measurement Registrations and Affiliations results to the lay public via public meetings and workshops. Professional Engineer,MA#46867; Mr. Singleton actively participates in professional organizations.He CO#PE.0056123; GA#PE037731; is a past member of the Institute of Noise Control Engineering Board MN#56348 of Directors and a member of the INCE Certification Board. He Board Certified Member, Institute of contributes to working groups in the development of acoustical Noise Control Engineering standards and guidelines and has held organizational roles in acoustical associations and conferences. Member,National Council of Acoustical Consultants Featured Projects High-Voltage Direct Current Converter Station Noise Assessment, New Haven VT CSA was retained by the town of New Haven,Vermont to analyze the potential for noise impact from a proposed high-voltage direct current(HVDC)converter station located in a rural environment. Mr. Singleton and CSA staff conducted long-term ambient noise measurements at five locations over a two-week period to thoroughly document existing noise conditions.CSA also modeled future noise levels from the HVDC station using data obtained at similar facilities.Mr. Singleton presented the results and audio demonstrations of future noise at public hearings to allow town residents to make an informed decision about the project. Camp Walt Whitman Community Noise Assessment and Litigation Support, Piermont NH Mr. Singleton worked with a group of citizens and environmental experts to quantify the effects of noise generated from a seasonal campground on an exceptionally quiet rural environment. Mr. Singleton performed numerous measurements to documents the increase of noise over low background levels in the vicinity of Lake Armington in the White Mountains of New Hampshire. Mr. Singleton also performed audibility and detectability analyses that al-lowed for the comparison of time periods when campground noise was dominated compared periods when the community could experience natural quiet. Finally,Mr. Singleton provided litigation support for the legal team assisting the community in public hearings and court proceedings. www.csacoustics.com I (413)315-5770 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC ((a)) Cross•Spectrum Acoustics Representative Projects • Multi-family Building Sound Transmission Class Assessment and Litigation Support,Quincy MA(2021- 2022) • Race Track Noise Compliance Measurements and Expert Witness Testimony,Palmer Motorsports Park, Palmer MA(2020-2021) • Deerfield Wind Farm Noise Compliance Measurements,Vermont Department of Public Safety,Deerfield VT(2018-2021) • Indoor Practice Facility HVAC Sound Compliance Assessment,Town of Hanover NH(2020) • Gravel Pit Noise Assessment and Expert Witness Testimony,RB Enterprises,Palmer,MA(2017-2019) • Ski Resort Snowmaking Noise Modeling,Gorgoza Park, Salt Lake City,UT(2017-2018) • Dalton Senior Center Common Room Acoustical Assessment,Town of Dalton MA(2017) • Cyclone Dust Collector Noise Assessment,Attorney Greil Roberts,Newington CT(2016-2017) • Lumberyard Public Housing Development,Valley Community Development Corporation,Northampton MA(2016) • High-end Residential Mechanical Room Noise and Vibration Isolation,KCS Architects PC,Hanover NH (2016) • Outdoor Shooting Range Noise Assessment,Norfolk MA,(2015 2016) • Multi-unit Apartment Building Sound Insulation Deficiency Investigation,Garden Homes Management Corporation,Fairfield CT(2015) • Biomass Energy Facility Noise Assessment,Roberts Lumber,Ashfield MA(2015) • Gravel Pit Noise Review and Litigation Support, Simonda,Winslow,Willis&Abbott P.A.,Plymouth MA(2014) • Gravel Pit Noise Assessment and Expert Witness Testimony,No Asphalt Defense Fund, Sheffield,CT (2011-2012) • Wind Turbine Background Noise Assessment, Senie&Associates P.C.,Dartmouth MA(2011) • Wind Turbine Reference Noise Measurements,Town of Falmouth,MA(2010) • Outdoor Shooting Range Noise Measurements and Expert Witness Testimony,Whispering Pines Campground,Newton NH(2007—2008) • Noise Measurements and Analyses for Proposed Car Washes,F.L. Roberts Inc.,Springfield,MA(2004- 2007) • Public Housing Chiller Noise Analysis and Mitigation Design,Chelmsford Housing Authority, Chelmsford,MA(2006—2007) • Elementary School Auditorium Acoustical Analysis and Mitigation Design,Nonotuck Community School,Florence MA(2006) Representative Publications and Presentations • Herbert Singleton Jr. and Scott Edwards, "Modeling the effects of structure mass in reducing ground- borne vibration and ground-borne noise in rail transit systems,"Presented at Inter-Noise 2015,August 2015 • Herbert Singleton Jr.,"Community Perceptions and their Role in Noise Control: A Tale of One City," Proceedings of the 35th Inter-Noise,December 2006 • Dr. Carl Hanson and Herbert Singleton Jr.,"Performance of Ballast Mats on Passenger Railroads: Measurement vs. Projections,"Journal of Sound and Vibration,June 13 2006 • Herbert Singleton Jr.,"Vibration Transfer Mobility Measurements Using Maximum Length Sequences," Proceedings of the 150th Meeting of the Acoustical Society of America,October 2005 • Herbert Singleton Jr.,"Ground-Borne Vibration Characteristics of TransRapid TR08 Maglev,"Presented at the 82nd Transportation Research Board Annual Meeting,January 2003 • Dr. Carl Hanson and Herbert Singleton Jr.,"Acela Noise and Vibration Measurements,"Transportation Research Board Annual Meeting,January 2000 www.csacoustics.com (413) 315-5770 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Cross•Spectrum Acoustics Judith L. Rochat, Ph.D. — Principal Associate Employment History Experience Cross-Spectrum Acoustics Dr. Rochat has over 25 years of experience in transportation noise 2018 to Present and vibration,including highway,rail,and aircraft-related projects. She has experience in both the public and private sectors,with ATS Consulting projects ranging from prediction model development and policy 2013 to 2018—Principal Associate support to research and environmental impact analyses U.S. Department of (NEPA/agency-specific). Experience also includes extensive data Transportation,Volpe National collection and analyses,standards development,and professional course instruction. Transportation Systems Center 1998 to 2013—Physical Scientist Dr. Rochat played an integral role in development of the Federal Highway Administration(FHWA)Traffic Noise Model(TNM)and The Pennsylvania State Roadway Construction Noise Model(RCNM),supported the Federal University/NASA Langley Aviation Administration Integrated Noise Model(INM),developed Research Center/Office of Naval an advanced noise prediction spreadsheet following Federal Transit Research Administration guidance,and developed software for sonic boom 1992-1998—Research Assistant research. She is one of the authors of the FHWA Noise Measurement Handbook and Field Guide and has participated in highway noise Education environmental analyses,including new alignments,highway expansions,bridge deck reflections,barrier design,building noise Ph.D.,Acoustics,The Pennsylvania reduction measurements,and barrier insertion loss determination for State University,University Park, PA existing barriers. She is an international expert on tire-pavement - 1998 noise and quieter pavements and has participated in numerous studies M.S.,Acoustics,The Pennsylvania and tasks,addressing measurement,prediction,and policy issues State University,University Park, PA related to how pavement type affects highway traffic noise;this - 1994 includes being a key contributor to related U.S.measurement B.A.,Applied Mathematics, standards. She is also a certified instructor for the former National University of California at San Diego Highway Institute Course,Highway Traffic Noise. - 1990 In addition,Dr. Rochat has managed/participated in numerous rail Registrations and noise and vibration studies,ranging from the original environmental Affiliations analysis to final design. Studies have included light rail,streetcars, commuter rail,freight rail,rail yards,houses,multi-story buildings, Institute of Noise Control historic structures,hospitals,recording studios,concert halls,and Engineering,President Elect,former mitigation design. Also, she provided support for detectability Vice President—Technical Activities, studies related to both rail and aircraft noise.Dr. Rochat developed Technical Advisory Board,Fellow the algorithms for detectability used in the FAA noise model and Transportation Research Board,Chair participated on a team to test and recommend methods to incorporate shielding and reflections into the model. She also has expertise in Emeritus for Noise and Vibration sonic booms and UAS/UAV/UAM(drone)noise. Committee Dr. Rochat has managed and participated in special research studies Acoustical Society of America covering the following topics: alternate highway noise mitigation American Institute of Aeronautics strategies(includes low berms,sound absorbing ground,and solid and Astronautics safety barriers), changes in sound due to noise barrier and building reflections,noise and vibration from road discontinuities, Noise Control Engineering Journal, temperature effects on highway traffic noise,combining measured Associate Editor and predicted data to characterize vibration propagation,motorcycle noise,rumble strips,and quieter pavement benefits and longevity. DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC ((a)) Cross•Spectrum Acoustics Featured Projects Breaking Barriers:Alternative Approaches to Avoiding and Reducing Highway Traffic Noise Impacts (NCHRP 25-57), National Dr. Rochat was the Principal Investigator for the National Cooperative Research Program(NCHRP)project, which evaluated strategies beyond noise barriers to reduce highway traffic noise.The research team performed the following tasks: 1)synthesized information for 14 strategies,including noise reduction,associated construction and maintenance costs,and context-appropriateness for highway design and management; 2)investigated three combinations of promising strategies;and 3)provided a related technical report,presentation,and a flowchart- based practitioner resource. California 1-405 Noise Barrier Evaluation, Los Angeles County, CA Dr. Rochat supported LA Metro in addressing a noise complaint along I-405,where the highway was improved and new/replacement noise barriers were erected. This project involved clarification of abatement commitments and evaluation of the achieved noise reduction at the home in question through barrier insertion loss measurements and analysis. Representative Projects • FHWA Traffic Noise Model Development and Validation,Washington D.C. (1998-2013) • FHWA Roadway Construction Noise Model Development,Washington D.C. (2004-2006) • FHWA Temperature Effects on Noise Study,Washington D.C. (2010) • FHWA Traffic Noise Model Pavement Effects Implementation Study(2006-2012) • NCHRP 15-68: Effective Low-Noise Rumble Strips,Washington D.C. (2018-) • NCHRP 25-44: Field Evaluation of Reflected Noise from a Single Noise Barrier,Washington D.C. (2013-2018) • NCHRP 10-76: Methodologies for Evaluating Pavement Strategies and Barriers for Noise Mitigation, Washington D.C. (2009-2012) ■ Ohio DOT research to verify and improve noise analysis and abatement(2019-) • Ohio DOT research to evaluate truck noise shielding by solid safety barriers(2021) ■ Arizona Quiet Pavement Pilot Program(QPPP),Phoenix Area,AZ(2004-2013) • Caltrans Quieter Pavement Research, Statewide CA(2001-2010) • Highway Environmental Analysis,37'St Widening,Evans,CO(2019-) • CA I-605 Corridor Improvement Project,Los Angeles County,CA(2016-2018) ■ FHWA Noise Measurement and Modeling Techniques,Noise Measurement Handbook Update, Washington D.C. (2016-2017) • Noise Analysis, Saskatoon Interchanges Project, Saskatchewan Canada(2016) • Sound Wall Noise Analysis and Design,Bakersfield Interchange Project,Bakersfield CA(2014) • National Park Service(NPS)Motorcycle Noise Research(2010-2012),Quieter Pavement Research (2010-2012),Rumble Strip Synthesis(2010-2012) • Final Noise Wall Design, LA Metro Gold Line Foothill Extension,Los Angeles,CA(2017-2018) Teaching Experience • Federal Highway Administration(FHWA),National Highway Institute(NHI),certified instructor for Highway Traffic Noise,Course No. 14205 • Transportation Research Board(TRB)webinars: Highway Rumble Strips: Approaches to Balancing Public Safety and Community Noise—March 2017; Highway Noise Abatement Considering Noise Barriers and Quieter Pavement—November 2013;Quieter Pavements: Measurements and Applications— October 2012; Principles and Practices of Quieter Pavements—August 2011 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC ((CO Cross-Spectrum Acoustics David A. Towers — Principal Associate Employment History Experience Cross-Spectrum Acoustics With over 45 years of experience as an acoustical consultant,David 2015 to Present Towers has worked on projects in a variety of areas including environmental,industrial,and architectural noise and vibration Harris Miller Miller& Hanson Inc. control. He specializes in noise and vibration control for rail transit 1986 to 2015,Principal Engineer and construction projects. His activities in these fields have included Bolt Beranek and Newman Inc. measurements,acoustical design and specification,environmental 1974 to 1986, Senior Consultant assessments,and noise and vibration control development. Bechtel Power Corporation Mr. Towers has participated in a wide range of rail transportation 1973 to 1974,Assistant Engineer projects in the U.S. and abroad including noise control for vehicles and facilities, compliance tests, environmental assessments, Education construction noise and vibration control and community measurement programs. He is a co-author of two U.S. transportation agency M.S. Mechanical Engineering, guidance documents on noise and vibration impact assessment, Purdue University,West Lafayette, including the Federal Transit Administration manual for transit IN, 1973 projects and the Federal Railroad Administration manual for high- B.S. Mechanical Engineering, speed ground transportation projects. Columbia University,New York, Mr. Towers has participated in a wide range of construction noise NY, 1972;B.A.,Queens College and vibration control projects in the U.S. including noise and (CUNY),New York,NY, 1972 vibration monitoring,environmental assessments, specification Registrations and development and mitigation design. In these activities,he has provided consulting services to engineers,developers and planners, Affiliations and to transportation agencies and public works agencies. Registered Professional Engineer: Mr.Towers is a registered professional engineer in five states,a CA, FL,MA,NY and NC Board-Certified Member of the Institute of Noise Control Fellow and Board-Certified Member, Engineering(INCE)and a Member of the International Committee Institute of Noise Control for the International Workshop on Railway Noise(IWRN). He has Engineering(INCE) also been selected as a Fellow of INCE for service as Director and Officer of INCE-USA,for contributions to the field of noise control Member, International Committee for engineering in the area of rail transit and construction,for the International Workshop on contributions to noise control standards,for mentorship of noise Railway Noise(IWRN) control professionals,and environmental noise control project work. Featured Projects Dallas Area Rapid Transit(DART) Cotton Belt Corridor,TX Mr. Towers is the key investigator at Cross-Spectrum Acoustics for ongoing noise and vibration analysis for this commuter rail project in the Dallas,TX area that will provide passenger rail service along a 26-mile corridor traversing seven cities in the DART service area.Working with the project team,Mr. Towers participated in measurements,developed noise and vibration prediction models for the proposed diesel multiple unit(DMU) trains,prepared technical reports and participated in public meetings with community members.(2017—Present) www.csacoustics.com I (413)315-5770 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC ((a)) Cross-Spectrum Acoustics Walk Bridge Replacement Project Mr. Towers is a key investigator at CSA for this CTDOT program to replace the 122-year-old deteriorating railroad bridge that crosses the Norwalk River in Norwalk,CT. As part of this program,CSA has been providing a wide variety of construction noise and vibration services to CTDOT including pre-construction noise and vibration measurements of test pile driving and sheet driving operations,preparation of construction noise and vibration control specifications and preparation of construction noise and vibration control plans. (2018—Present) Regional Transportation District(RTD) 15L Bus Route Improvements Mr. Towers was responsible for a construction noise study for the 15L Bus Route Improvements along Colfax Avenue in Denver and Aurora,CO. The objectives of this study were to assess the potential noise impacts from nighttime construction work that could require variances from local noise ordinances,and to prepare a report for presentation to the applicable regulatory agencies. (2019) Chicago Transit Authority(CTA) Red Line Extension,IL Mr. Towers is the key investigator at Cross-Spectrum Acoustics responsible for conducting the Final EIS noise and vibration impact assessment for this proposed extension of the Red Line south from the 95th/Dan Ryan terminal along the route of the Union Pacific Railroad(UPRR)to 130th Street in Chicago, IL. (2020—Present) Representative Projects (Prior to Joining CSA) • NEC FUTURE Project,Noise and Vibration Assessment for FRA Tier 1 EIS,Washington,DC to Boston, MA, Project Manager(2012-2015) • VDOT Best Buy Ramp Project,construction noise control specification and monitoring,Charlottesville, VA,Project Manager(2014-2015) • Massport Conley Terminal Improvements,construction noise monitoring, South Boston,MA,Project Manager(2014) • MARTA East Line Sycamore Street Noise and Vibration Study,Decatur,GA,Project Manager(2014) • Pinellas Alternatives Analysis Noise and Vibration Assessment,FL,Project Manager(2011 -2012) • St. Louis Loop Trolley Noise and Vibration Impact Assessment,MO,Project Manager(2010) • Evaluation of the Ground-Borne Vibration Reduction Properties of Tire Derived Aggregate as Installed on the Denver RTD Southeast Corridor Light Rail Line,CO,Project Manager(2009) • Long Island Railroad Main Line Improvements Project EIS Noise and Vibration Impact Assessment,NY, Project Manager(2005 -2007) • Colorado North I-25 and Denver RTD FasTracks(Northwest Rail,North Metro,Gold Line and I-225 Corridor)Passenger Rail Projects,Noise and Vibration Analysis,CO,Project Manager(2004-2010) • New York City Transit Authority Second Avenue Subway Project,Noise and Vibration Design Services, NY,Project Manager(2002-2004) • Dallas Area Rapid Transit Southeast and Northwest Light Rail Transit Corridors Noise and Vibration Assessment and Design,TX,Project Manager(1999-2007) Representative Publications and Presentations • "Evaluation of the Ground-Borne Vibration Reduction Properties of Tire Derived Aggregate Installed on the Denver RTD Light Rail System," Proceedings of the 10th International Workshop on Railway Noise, pp. 271-278,Nagahama,Japan(18-22 October 2010). • "Environmental ground-borne vibrations from train operations in the US 36 Corridor(Denver-Boulder, CO)," Environmental Vibrations: Prediction, Monitoring,Mitigation and Evaluation(ISEV 2005),Taylor &Francis(2005). • "Community Noise Impact of the Conversion from Conventional Diesel-Powered Trains to High-Speed Electric Trains on the Northeast Corridor," Proceedings of Noise-Con 94,pp. 145-150(May 1994). www.csacoustics.com (413) 315-5770 DocuSign Envelope ID: F45CDD31-E72B-458F-80B0-4B310CFB34FC ((ci)) Cross•Spectrum Acoustics 15 2. APPROACH AND METHODOLOGY from the facility.CSA consulted with the Town Plan- ning Board to determine the ultimate goals.The Town The approach and methodology to be utilized will de- requested that CSA develop a performance standard pend on the specific scope of work for a given task that could be used to assess noise from the IPF and but will generally involve the following elements. also be used for future large projects. • Coordinate with City of Miami Beach at the start of each task to determine the specific de- CSA conducted ambient noise measurements to char- sired outcome for a given task acterize the existing acoustic environment around the • Review plans and reports for any relevant project area. In partnership with the town, CSA rec- project that is seeking City approval or that is ommended noise limits based on the ambient noise in response to complaints measurements and standards relating the response of Coordinate with affected stakeholders as nec- humans to noise. The town adopted this performance • essary standard to assess noise from the practice facility dur- • Conduct field inspections and/or field meas- ing the permitting process. urements as necessary The performance standard required post-construction • Document findings measurements of the facility to ensure that emitted • Provide public testimony as needed noise was in compliance with the Town limits.When • Coordinate with legislative staffas necessary the IPF was completed,CSA conducted independent to recommend policy changes sound measurements on behalf of the Town.The ini- _ .. ,. .. - tial measurements indicated that "breakout" music from within the facility as well as the HVAC noise '� _ °� exceeded Town limits. CSA provided the results to the IPF engineering team,who were able to apply lim- its to the sound system volume settings and re-bal- W = L O M E TO Fdl THE WOODS ance the HVAC equipment to meet requirements. - • An example of this approach is shown in the services provided to the Town of Hanover, New Hampshire. j Dartmouth College constructed in indoor practice fa- cility (IPF) that would allow its varsity sports teams to hold practices during inclement weather and during evening hours.Nearby residents expressed concern to the Town that noise from the facility would adversely affect their quality of life. Specific concerns centered Similar approaches have been used by CSA in provid- around noise from loud music played inside the facil- ing services for government clients at all levels.In re- ity that might leak to the outdoors, as well as noise vising the Transit Noise and Vibration Impact Assess- from heating, ventilation and air conditioning ment guidance manual for the U.S. Department of (HVAC)units that could operate in nighttime hours. Transportation Federal Transit Administration, CSA The Town retained CSA to review the Dartmouth worked with US DOT staff and state DOT officials to submittals and guide the town through assessing noise update FTA noise assessment methodology and re- DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC ((a)) Cross-Spectrum Acoustics 16 vise technical approaches as needed. This work in- volved coordination with stakeholders at the Federal and state level,as well as consultants and community experts to address best practices. The document was made available for peer review and this input was in- corporated into the finished document. The revised guidance manual was made available in 2018 and is the benchmark for transit noise assessments across the United States. In contrast to providing services to the Federal gov- ernment, CSA is currently providing consulting ser- vices to the Town of East Greenwich, Rhode Island to assess noise from their entertainment district. East Greenwich recently revised their noise ordinance in response to community concerns from seaside ven- ues.In response,these venues have initiated litigation against the Town on First Amendment Grounds.CSA is coordinating with the Town on possible revisions to the noise ordinance as well as providing independ- ent noise measurements to determine the effective- ness of noise mitigation measures developed by one of the entertainment venues. This work is ongoing. DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC L)J Cross•Spectrum Acoustics Cross-Spectrum Acoustics Inc. Massachusetts Utah California Exception-"Equal Benefits"Requirement Section 10 requires compliance with the City of Miami Beach"Equal Benefits"Ordinance.As Cross- Spectrum Acoustics,Inc.(CSA) employs less than 51 employees (CSA has employed 15 staff or fewer over the past 11 years),the Ordinance does not apply to the firm. wwww.csacoustics.com I (413)315-5770 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC GREATER MIAMI CHAMBER OF COMMERCE, • MODEL CODE OF BUSINESS ETHICS STATEMENT OF PURPOSE The Greater Miami Chamber of Commerce ("GMCC") seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. The GMCC encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be incorporated into marketing materials. The GMCC believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is a statement of principles to help guide decisions and actions based on respect for the importance of ethical business standards in the community.The GMCC believes the adoption of a meaningful code of ethics is the responsibility of every business and professional organization. Compliance with Government Rules & Regulations • . We will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; • In dealing with government agencies and employees, we will conduct business in accordance with all applicable rules and regulations and in the open; • We will report contract irregularities and other improper or unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enforcement authorities. Recruitment, Selection & Compensation of Vendors and Suppliers • We will avoid conflicts of interest and disclose such conflicts when identified; • Gifts which compromise the integrity of a business transaction are unacceptable; we will not kick back any portion of a contract payment to employees of the other contracting party or accept such a kickbadk. Business Accounting • Alf our financial transactions will be properly and fairly recorded in appropriate books of account, and there will be no "off the books" transactions or secret accounts. Promotion and Sales of Products and Services • Our products will comply with all applicable safety and quality standards; • We will promote and advertise our business and its products or services in a manner which is not misleading and does not falsely disparage our competitors; qq Doing Business with the Government DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC • We will conduct business with government agencies and employees in a manner which avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; • Our bids will be competitive, appropriate to the bid documents and arrived at independently; • Any challenges to contracts awarded will have a substantive basis and not be pursued merely because we are the unsuccessful bidder; • We will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations. • We will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. • We will not seek or expect preferential treatment on bids based on our participation in political campaigns. Public Life and Political Campaigns • We encourage all employees to participate in community life, public service and the political process; • We encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialogue and debate about business and community issues; • Our contributions to political parties, committees or individuals will only be made in accordance with applicable law and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported to senior company management; • We will not contribute to the campaigns. of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. • We will not knowingly disseminate false campaign information or support those who do. Cross-Spectrum Acoustics, Inc. Herbert Singleton Jr, President Company Name Corporate Officer June 8, 2022 Date '1 fI ¢i1I DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Contract no.22-185-01 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND ARPEGGIO ACOUSTIC CONSULTING, LLC FOR NOISE, ACOUSTIC AND SOUND CONSULTING SERVICES, PURSUANT TO RFQ-2022-185-ND This Professional Services Agreement ("Agreement") is entered into this 11/15/2022 I 11:41 EST ("Effective Date"), 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 (the "City"), and ARPEGGIO ACOUSTIC CONSULTING a Georgia limited liability company, 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 Thomas Mooney 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. Fee: Amount paid to the Consultant as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach, RFQ, No. 2022- 185-ND 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 between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the RFQ, and the Proposal. 1