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PSA Agreement with Arpeggio Acoustic Consulting, LLC.
cts- DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Zo 2.2 —3Z2: 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 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC 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: RogelioMadan(c�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 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_su m ttted.to h City at_the_oll wing address; Accounts Payable: Pavables aa..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-E728-458F-80B0-4B310CFB34FC 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 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 a 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 advertTsinginjury with limits no less man $.00�ODO 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 reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at arty 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-miamibeach unriskworks.com 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 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 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-80B0-4B310CFB34FC (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: 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" shaii apply" o file :o►lSUitaflt ils dYflc2rs, a Gr ts, 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 riot 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 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 (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 �f a civil actionis filed a ainst a Consuitarfto com el production oT uljllc 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: RAFAELGRANADOAMIAM!BEACH FL.GOV PHONE: 305-673-7411 11 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC 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 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 SECTION 11 NOTICES Until changed by notice, in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Jesse Ehnert Arpeggio Acoustic Consulting, LLC 1947 Aspen Drive NE Atlanta, GA 30345 Ph: 404-277-6528 Email: iehnert(c�arpecoiollc_com TO CITY: Thomas Mooney Planning Department Director 1700 Convention Center Drive 2nd floor Miami Beach, FL 33139 Ph: 305-673-7000 Email: ThomasMoonev(a�miamibeachfl.gov WITH A COPY TO: Michael Belush Chief of Planning &Zoning, Planning Department 1700 Convention Center Drive 4'h floor Miami Beach, FL 33139 Ph: 305-673-7000 Email: MichaelBelush a(�miamibeachfl.gov 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 • 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,convers"ations, 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 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: lqadf. ar'aan a 46 -- R feel` °Bdranado, City Clerk na T. Hudak, ity Manager Date: 11/15/2022 I 11:41 EST FOR CONSULTANT: ARPEGGIO ACOUSTIC CONSULTING, LLC By: . 0Aa I Print Name and Title Date: 1 I/1 (2.2 APPROVED AS TO FORM&LANGUAGE A FOR EXECUTION ,( A-\ � '`Lt"l'ea „if\City Attorney 9>r Date 16 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC 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. 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. 17 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC 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 and 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-E72B-458F-80B0-4B310CFB34FC EXHIBIT B HOURLY RATES SCHEDULE LABOR CATEGORY :.. ; w4HOURrLY ryRATE 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-E728-458F-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 each 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. 2022-1.85-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 7 . day of ' "2022. • ATTEST: RAFAE E.. NADO, CITY CLERK ' DAN GELBER, MAYOR SEP 2 1 Z 22,.8,,,,,,,, °° `: 's APPROVED AS TO 'IRLORP OWED FORM&LANGUAGE • ,,��, `'?' &FOR EXECUTION , �'__ 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: Aline 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 f lE.C;I TY IVIA AC EK, PORS JAN -I CJ RECItiES T—FOR-QtRil i—C—A iviii5 (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-80130-4B310CFB34FC 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 oes 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 • i RW»lam10 i Nobs.Againtle,edScand Paul Armes 1 WOW&Mush 1 Memo Cmiono I Ja Donna" I tam I 0 .1. I al.sw.I a.M.l '�,a s.w 1 arum.I prom °� a.a...I curs..... crea '� am...I a.+r..1 e.w+ Id roar ar •arp.pmOA O Consulting.LLC. 85 0 85 .2; 9e 0 88 1 85 9 85 11 95 1 0 95 1 5 1, I�AmusOn.Ine • 95 I 0 I 95 1 t w 0 I 60 17: 00 0 80 21 90 0 1, i 2 90 •7 7 , I Y0,02..awle.e.41q LLn: : ;�.s.e,.......... i • Page 53 of 1700 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC ATTACHMENT B ADDENDUM AND RFQ SOLICITATION DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC 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.periscopeholdings.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 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) +1 786-636-1480 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 DeI•ado 305-673-7000 x26263 NataliaDelsado• 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 rafaelgranadola7,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 of Homeland 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 support(a bidsync.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(a,miamibeachfl.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.qov/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.Qov/city-hal I/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 Bidders 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 105 Quantitative Criteria 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 Quantitative Points 5 5 0 Member 1 Total 87 79 80 DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC MIAMI BEACH 7. Qualitative Points 82 85 72 ,Committee Quantitative Points 5 5 0 >„Member2 : ,` ' Total 87 90 72 Rank 1: 1z v .. 2-- 3,. . ' ". Qualitative Points 90 74 66 Committee �,u Quantitative Points 5 5 0 Member 2 �r ' Total 95 79 66 Rank 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 IA I : EA H 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 MIAMI 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 OFMIAMI';BEACH, FLORIDA, a municipal corporation organized and existing under the laws of ttieState of Florida, having its principal offices at 1700 Convention Center Drive, Miami,Beach, Florida,33139 (thef ity"), and [FILL IN CONSULTANT NAME], a [FILL IN TYPE OFENTITY/I.E. CORPORATION, LLC, ETC.], whose address is XXXXXXXXXXXXXXXXX°XXXXXXXXXXXXXX("Consultant"). SECTION 1 1 ` `N e,.74f ,DEFINITIONS4)' Agreement: This Agreement between the Citys:and Consultant, including any exhibits and amendments thereto:;., '_ =..., City Manager: The chief:a,dministrative,officer.of the City. City Manager's 71!„ Designee: U The City staff member ,who is designated by the City Manager to administer this-Agreement''on behalf of the City. The City Manager's ;designee shall be`the, Department Director. Consultant: Forpthe 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 [FILL IN RFP, RFQ, OR ITB] No. [XXXXXXXXXXXXXX] for pcxXXXXXXXXXXXXXXXXXXXX1, 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 City, Consultant shall provide the work and services described in Exhibit"A" hereto (the "Services"). [NOTE: EXHIBIT "A" MUST INCLUDE DETAILED DESCRIPTION'OF SERVICES] Although Corlsultarit may be provided with a schedule;of the available, hours to,,provide its Services, the City shall not control nor have the righttoycontrol the"Hours of the'Services performed by the Consultant; where the Servicesxare�perfo�r ed (although the,Citywill 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'`Seryices`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 contactjhe following person: vjA u ��z }:�.. `-���� ems✓ 2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in accordance with the timelinejand/or schedule in Exhibit[XXX] hereto. Lf [NOTE TIMELINE FOR DELIVERABLES CAN ALSO BE INCLUDED IN EXHIBIT"A" OR IN �,. SEPARATE EXHIBIT] 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 FXXXXXXXXXXXX], 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[XXX] 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 rIFANY]. 4.3 [NOTE: INCLUDE HOW FEE IS TO BE PAID — I.E. "X",PERCENTAGE UP FRONT; "X" UPON DELIVERY; MONTHLY; LUMP SUM; ETC.]. ti ' 4.4 INVOICING Upon receipt of an acceptable and approved.invoice, 'payment(s)^shall be made,;within forty-five (45) days for that portion (or those portions) of they Services"satisfactorily rendered (and referenced in the particular invoice) ` s Invoices shall include a detailed description of the Senn es (or portionprovided,s thereof) and '� yC t� � shall be submitted to the City at the following address�r:.. Accounts Payable: PavablesCcr�mianiibeachfl qov §- SECTION 5 3- TERMINATION 5.1 TERMINATION,FOR CAUSE ' If the 'Consultant shall fail to fulfll�m>.a timely manner, or otherwise violates, any of the covenants, agreements,\orstipulationsmaterial 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 toLterminate for cause,the City shall notify the Consultant of its violation of the particular term(s) ofttis Agreement, and shall grant Consultant ten (10) days to cure such default. If such defaultY:rr`emains 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 ONr1A GIVEN DATE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BYTHE,,CITY, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY'PPRFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICISTHE 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 'k-V, n The City also reserves the right to terminate the'Agreeinent in the event the Consultant is placed either in voluntary or involuntaryybankruptcy ors makes an assignment for the benefit of creditors. In such event, the right and obligations for theparties shall be the same as provided for in Section 5.2. `�a " 7' INDEMNIFICATION AND.INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant;agrees to lndemnify,tvdefend and hold harmless the City of Miami Beach and its officers,,.employees, agents, and contractors, from and against any and all actions (whether at f 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'k r, 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 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 resultimwithholding of payments or termination of the Agreement. fir,, A. General Liability, in the amount of $1,000,000 combined single [mit,_,for bodily injury and property damage. The City of Miami Beach must be endorsed as anAdditional Insured as their interest may appear. ,R `.dh 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 endorsemerttrmust be provided 4 6.4 Additional Insured - City of'Miami.Beach rriyst be included by endorsement as an additional insured with respect to all liabiiit i policies (except Professional Liability and Workers' Compensation) arising out_of work or,Qperations performed on behalf of the Consultant including materials, parts,1or equipment furnished in connection with such work or operations and automobiles owned, leased;ghired ors borrowed'in the form of an endorsement to the Consultant's insurance. W.:- 6.5 Notice of.,Cancellation r su-"EacWfirance policy required above shall provide that coverage shall not*be cancelled,"except with ndtice to the City of Miami Beach do EXIGIS Insurance Compliance Services. bys4 �„ 6.6 Waiver of Subrogation'.—ry,Consult nt agrees to obtain any endorsement that may be necessary to affect the of"subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation rt-iendorsennent#.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 high"er. If not rated, exceptions may be made for members of the Florida Insurance Funds (i,ej,FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to dorinsurance 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(a 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 nature:;of the risk, prior experience, insurer, coverage, or other special circumstances. ti Compliance with the foregoing requirements shall ngt'Vieve the vendor of his ,liability and obligation under this section or under any other section of this agreement SECTION 7 LITIGATION JURISDICTIONNENUEIJURY TRIAL•WAIVER This Agreement shall be construed in accordance,,with'the laws of the State of Florida. This Agreement shall be enforceable in Miah bade County,;Florida, and if legal action is necessary by either party with respect to the enforcment;;of any orall of the terms or conditions herein, exclusive venue for the enforcement of ame'<shall Iie 'in Miami-Dade County, Florida. By entering into this Agreement`�Co'nult sant antl'\the'City,Fexpressly waive any rights either party may have to a trial by jury of any,4civii litigation relatedto 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-sor.that *'liability for any such breach never exceeds the sum of $10,000. Consultant hereby expressesits 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.. . . 4.9 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,'4.the State of Florida, and the federal government, as applicable. x 4 :•.. 9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS Any work product arising out of this. Agreement, aswell as all Information specifications, processes, data and findings, are intentle iw,e d to bethe property of the City:and shall not otherwise be made public and/or disseminated by'Consultant;4without 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'"YitN :r All reports, documents, articles, •devices, and/or work)produced in whole or in part under this Agreement are intended to be the solee`and:exclusive{-'property of the City, and shall not be subject to any application for copyright ors atent by or on behalf of the Consultant or its employees or sub consultants, without the prior written consent of the City Manager. Vi; f.r( jSECTION 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.-->9AIVI°'— 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-E7213-458F-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 ql�. City projects and programs. Monitoring of an existirik;City project or program may include a report concerning whether the project is orri tirpe, wlhln budget and in conformance with the contract documents and applicable Iaw.'The Inspector General shall have the power to audit, investigate,'mmonitor, oversee;; inspect.,and review operations, activities, performance and prourrement}process including but not limited to project design, bid specifications, (bid/proposal),submittals, activities of.the Consultant, its officers, agents and employees,c*lot byists;'City�staff{:and elected�offcials to ensure compliance with the contract documentsrand 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 athetactivitiesand''operations of the Office of Inspector General. `" � V;',''�, (C) Upon ten (10) days written notice:to the .Consult nt, the Consultant shall make all requested records and:documents available tothe Inspector General for inspection and copying. The Inspector`eGeneral'= s empoweredto retain the services of independent private sector auditors toy`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 r.;its.;;offcers, agents and,employees,'lobbyists, City staff and elected officials to ensure :,compliance with tfe eoritract 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. (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 fo 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 s;`%'' (F) The provisions in this section shall apply to the Consultant;.°:its officers, agents, employees, subcontractors and suppliers. rThe Consultant shall incorporate the provisions in this section in all subcontracts an`d all other agreements executed by the Consultant in connection with the performance of this:Agreement. `i', "l%' (G) Nothing in this section shall impair anyiindependent right to the City to conduct audits or investigative activities. The provisionsTpRhis section are neither intended nor shall they be construed to impose any liability on the City by.tl a Consultant.&'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 Agreer ent without thrior written consent of the City Manager, which consent, if given at all, shall`be`'in te p he.Manag ie,.j er's soudgment and discretion. Neither this Agreement, nor any term or provision he eof,}`or;right hereunder, shall be assignable unless as approved pursuant,-to this section,. an I'any; attempt to make such assignment (unless approved) shall be:void ' 10.4 PUBLIC ENTITY CRIMES:,. Prior to.commencement,of3the 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 Gity's?Procurement�Division. 10.5 NO DISCRIMINATION` In connection with=-the`rperformance of the Services, the Consultant shall not exclude from participation in, denjethe 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-8080-4B310CFB34FC 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 shal.iriot acquire any interest, directly or indirectly, which could conflict in any manner or degreerwith the performance of the Services. Consultant further covenants that in the performanceAthis 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 partsaofrthis Agreement or to any benefits arising therefrom. 10.7 CONSULTANT'S COMPLIANCE WITH,FLORIDA PUBLIC RECORDSaIi W (A) Consultant shall comply with Florida jPublic Records lavruTnder1Chapter 119, Florida Statutes, as may be amended from tim t.time. � 14Y.,�.�' (B) The term "public records" shallthaveAt ie meanhng`set forth in Section 119.011(12), which means all documents, papers, letters;, snaps, books, tapes, photographs, films, sound recordings, data processing software, 'or:other material, regardless of the physical form, characteristics, or mean of transmission,\madei aor received pursuant to law or ordinance or in connection,wiritti the trahsaction:of official business of the City. (C) Pursuant to,,Section 119 07 1 of Ethe:,Florida Statutes, if the Consultant meets the definition of; Contractor"as`deiined 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'Trequest`from,the Citys,custodian of public records, provide the City with a 1 �xcopy ,ti:t� q: ,� .m ape re nested 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 ^,! publierecords!disclosure requirements are not disclosed, except as authorized by law, 'fo%,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 recor'ds..'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 provide the public re ords 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 Consultanthto compel production of public records relating to the City's contract for services the court shi'alassess,Nand award against the Consultant the ,reasonable costs of enforcement, including reasonable attorneys' fees, if; a. The court determines thatrthe Consultant unlawfully refused to comply with the public records request within a reasonable time, ands' b. At least 8 business'days before Ifling1the 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 subparagr phab)` ifFi(1)( t is sent to the City's custodian of public records::and'to..he Consultaritrat the Consultant's address listed on its contract with the'City-onto the.;Consultant's registered agent. Such notices must be by common,carrier.delivery service or by registered, Global Express Guaranteed, or certified,mailSwith'postage or shipping paid by the sender and with a idence,of delivery which may be in an electronic format. (3) A Consultant;who.complies"ywith a public records request within 8 business days after the notice is sent-is not•liable for the reasonable costs of enforcement. ktAT ti (F) -IF., THE ,.CONS:ULTANT 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: RAFAELGRANADO(a)_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 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 Vdays `thereof, provide notice: (i) of the occurrence of event of Force MajeuVre, (ii) of the, nature of the:event and the cause thereof, (iii) of the anticipated impact on the Agreement, (i5)of tt e� anticipated period of the delay, and (v) of what course',9f action suchh.party plans to.take in order to mitigate the detrimental effects of the event The timely of the notice of the occurrence of a Force Majeure event is a condition precedent toallowance 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 infact,Force'11Majeure, 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°,forAts`failure to carry out its obligations under the t*ring 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 ii required The party shall use its reasonable best efforts to continue to perform 4WobligatiOns hereunder to the extent such obligations are not <Ptaffected or are onlyw'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 performIto=-the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. 1 (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 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 t m.e. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Consultant shell register with and use the E- Verify system to verify the work authorization status of all newlylhired employees during the Term of the Agreement. Additionally, Consultant shall expressly require any subconsultant performing work or providing services pursuanttoo;kthe Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify systemrto verify the employment eligibility of all new employees hired`'by>the subconsultant during the contract Term. If Consultant entersiinto a contract,with an`approvedtsubconsultant, the subconsultant must provide•,,he •Consultant '.with an" affdavitr stating that the subconsultant does not employ,:ontracf'with `.o� subcontract with an unauthorized alien. Consultant shall maintain"a. copy"• f;:such affidavit for the duration of the Agreement or such other extended period as maybe required under this Agreement. (B) TERMINATION RIGHTS, Y (1) If the City has a goodfaith belief that,Consultant has knowingly violated Section 448.09(1), Florida Statutes,'(YtCle City`, shall terminate this Agreement with Consultant for cause, and 'the.;_;City shall thereafter have or owe no further obligation or Iiability'to;Consultant. '3 (2) If the City.has,a good faith,belief`that a subconsultant has knowingly violated the foregoing Subsection 109(A), but the Consultant otherwise complied with such subsection, the CiFty will promptly notify the Consultant and order the Consultant < r to immediately terminate othe 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 otcontract and may not be considered as such. (4) The City or1Consultant 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);.noa 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 sufficiently transmitted. SECTION 12 MISCELLANEOUS PROVISIONS ;"7' '' xr i 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express writtenconsent of the parties. No modification, amendment, or alteration of tf e`.,,terms or conditions contained herein shall be effective unless contained in a written document::executed"nlith:the'same formality and • of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of thisAgreement is,kield'invalid or unenforceable, the remainder of this Agreement shall not be affecte0nd,everyjother term-and provision of this Agreement shall be valid and be enforced to the fullest ex tentperititted l by law. 12.3 WAIVER OF-°BREACH 'w* A party's failure to enforce ariyprovision of this Agreement shall not be deemed a waiver of such provis on or modification bf;this:Qgreement. A party's waiver of any breach of a provision of this',Agreement shall'; 'ot,berdeemed&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,neeessary for them to form a full and complete understanding of all rights and obligations hereinarid 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] :-V,f 1 fit., fi ',s't1 ,4 ?I, r '\ M;Ira. t lei I- :\ '.1 „ yam'}, s., .,,;;1 i'1 rTr k f 1. xl ,-" V iK a z y:i l, T 4 M! Y. \'' .'y pis;' '+.3 „t. zy� G , ( "?,Al Ti ', .fi y '',, , (.5 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: y;,Y,. By: City Clerk City, Manager :---.= r: •Date: - :7: -- 1. f L.. P FOR CONSULTANT: 'y;-- .AINSERT NAME] ATTEST: t, ) ,: ,f) a is �t „'� j By. rsz ,;-; ,Y Print Name and Title - Print Name and Title i � `4 Date: ;. 3. 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 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 do 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-miamibeach(ariskworks.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-E7213-458F-80B0-4B310CFB34FC ATTACHMENT C SUNBIZ& PROPOSAL RESPONSE TO RFQ DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC DIVISION OF CORPORATIONS jy D!Vl RDPI of „�.---^'=' 'aaft an official Jaure of Florida webaie Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company ARPEGGIO ACOUSTIC CONSULTING, LLC Filing Information Document Number M17000007227 FEI/EIN Number 58-2560243 Date Filed 08/22/2017 State GA Status ACTIVE Principal Address 1947 ASPEN DR NE ATLANTA, GA 30345 Mailing Address 1947 ASPEN DR NE ATLANTA, GA 30345 Registered Agent Name&Address REGISTERED AGENTS INC 7901 4TH STREET NORTH SUITE 300 ST.PETERSBURG, FL 33702 Address Changed: 03/25/2019 Authorized Person(s)Detail Name&Address Title PRIN EHNERT, JESSE 1060 MERCER ST SE ATLANTA, GA 30316 Title PRIN CUNEFARE, KENNETH 1947 ASPEN DR NE ATLANTA, GA 30345 I Annual Reports DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Report Year Filed Date 2020 01/18/2020 2021 02/04/2021 2022 01/29/2022 Document Images 01/29/2022--ANNUAL REPORT View image in PDF format 02/04/2021--ANNUAL REPORT View image in PDF format 01/18/2020--ANNUAL REPORT View image in PDF format 02/11/2019--ANNUAL REPORT View image in PDF format 03/10/2018—ANNUAL REPORT View image in PDF format 08/22/2017--Foreign Limited View image in PDF format Florida Department of State,Division of Corporations BID SUBMITTAL QUESTIONNAIRE DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC ve_v e CERTIFICATION ®RI 'we. — a.3e This document is a REQUIRED FORM that must be submitted fully completed and submitted. Solicitation No: Solicitation Title: 2022-185-ND Noise,Acoustic,and Sound Consulting Services BIDDERS NAME:Arpeggio Acoustic Consulting,LLC NO.OF YEARS IN BUSINESS:22 NO.OF YEARS IN BUSINESS LOCALLY:10 NO.OF EMPLOYEES:5 OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS:Arpeggio,LLC BIDDER PRIMARY ADDRESS(HEADQUARTERS):1947 Aspen DrM,NE CITY:Atlanta STATE:GA ZIP CODE:30345 TELEPHONE NO.:404417-0100 TOLL FREE NO.: FAX NO.:404.5065104 BIDDER LOCAL ADDRESS:1947 Aspen Drive,NE CITY:Atlanta STATE GA ZIP CODE:30345 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:Jesse Ehnen ACCOUNT REP TELEPHONE NO.:4044774525 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL:Ishnsrtearpag9loilccont • FEDERAL TAX IDENTIFICATION NO.:554550243 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 Jesse J.Ehnert Representative: Principal DocuSign Envelope ID:F45CDD31-E72B-458F`80B0-4B310CFB34FC.`JDUM 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. O YES ® 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://su ppl ierportal.d nb.com/webapp/wcs/stores/servlet/Su ppl ierPortal?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 fAps://www.miamibeachfl.gov/wp-content/uploads/2017/11/2016-29375-Resolution-Vendor-Moratorium-for-Services-Sources-from-North- Carolina-Mississippi_1.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:City of Miami Beach Contact Individual Name and Title:Michael Belush,Chief of Planning&Zoning Address:1700 Convention Center Drive,Miami Beach,Florida 33139 Telephone:305-673-7000 x 6258 Contact's Email:MichaelBelush@miamibeachfl.gov Narrative on Scope of Services Provided: Starting in August 2012 and continuing to the. present Arpeggio has been retained by the City of Miami Beach to perform sound study peer review services identical to those being called for in this Request for Qualifications. During that time, we have been involved in nearly forty applications which are listed below.For each of those applications,we have reviewed the sound study as well as associated operational plans and other documentation,have requested that additional noise surveys be performed and information be provided,and attended one or more meetings in Miami Beach.Over this course of time,we have visited project sites and have become very familiar with the various areas of Miami Beach and their associated soundscapes. Reference No.2 Firm Name:Madison County,Georgia Contact Individual Name and Title:Christopher T.Roach,Department Head for Code Enforcement and Planning&Zoning Address:91 Albany Avenue,Danielsville,Georgia 30633 Telephone:706-795-6348 Contact's Email:croach@madisonco.us Narrative on Scope of Services Provided: In January 2021,Arpeggio was retained by the Madison County Board of Commissioners to perform a multi-site,multi-day continuous noise survey at several locations in the vicinity of a biomass power plant in response to community complaints.That effort produced extensive data and a comprehensive report including survey findings,interpretation,and suggested subsequent action.Since that survey,the county has retained-us to develop a noise ordinance for the county.That effort involves community and stakeholder outreach;community noise mapping of existing noise sources such as industries,road,and rail utilizing SoundPLAN; site ambient noise measurements to verify and calibrate our modeling; and the development of a comprehensive noise ordinance that is adapted to address local concerns,conditions,and situations.Implementation guidance in the form of instrumentation recommendations and a training session is included. Reference No.3 Contact Individual Name and Title:Katherine McGah,Architect Address:191 Peachtree Street,#5000,Atlanta,Georgia 30303 Telephone:404-202-2563 Contact's Email:kmcgah@hksinc.com Narrative on Scope of Services Provided: In 2021,Arpeggio was retained by Morrison Hershfield(Ms.McGah's previous firm)to perform a noise study of a proposed expansion of an existing data computing facility located in a residential community for Verizon Wireless.Services included site noise surveys to establish existing sound levels as well as three-dimensional community noise modeling of proposed mechanical equipment,including generators,air handlers,and condensers,using SoundPLAN.We provided support in application processes by attending forums with opposed members of the community and giving testimony at municipal planning board and city council meetings. Ai DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Firm Name:Bossier Parish Police Jury Contact Individual Name and Title:C.Eric Hudson,Parish Engineer Address:204 Burt Boulevard,P.O.Box 70,Benton,Louisiana 71006 Telephone:318-965-2329 Contact's Email:ehudson©bossierparishla.gov Narrative on Scope of Services Provided: In October 2021, Arpeggio was retained by the Bossier Parish Police Jury to support revisions to their noise ordinance which Arpeggio had developed in 2010.The effort involves a comprehensive revision in light of recent experience and lessons learned. Arpeggio is also serving in a reviewer role for Noise Management Plans and Noise Surveys submitted by industry and others for planning and development permitting. SECTION 7-STANDARD TERMS AND CONDITIONS The Standard Terms and Conditions are available at https://www.miamibeachfl.goci -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 hgps://library.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV5CAFIRE 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. p YES ® 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-80B0-4B310CFB34FC 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? ❑ YES ® 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? ❑ YES ® NO Does bidder provide or offer access to any benefits to employcca with(same or opposite sax)domestic partner or to domestic partners of employees? ❑ YES is 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 BENEFIT Employees with Employees with Bidder does not Spouses Domestic Partners Provide Benefit Health X Sick Leave X Family Medical Leave X Bereavement Leave X 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 Jesse J.Ehnert Representative: Principal 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 Jesse J.Ehnert Representative: Principal 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? p 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? O 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 S2-486COSI 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 rafaelgranadofamiamibeachfl.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? 5 YES O NO DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC _.)DE 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 p NO Bidder will submit firm's Code of Business Ethics within three(3)days of request by the City? ® YES U NO SECTION 17—DRUG FREE WORKPLACE CERTIFICATION The Drug Free Workplace Certification is available at: https://www.mia mi beachfl.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: https://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-80B0-4B310CFB34FC- JSINESS ENTERPRISES PREFERENCE Pursuant to City of Miami Beach Ordinance No. 2011-3748, https://library.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? p YES ® NO Is the bidder a service-disabled veteran business enterprise certified by the United States Federal Government? YES Is NO DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC ��- Arpeggio 1947 Aspen Drive NE, Atlanta, Georgia 30345 ARPEGGIO 404.277.6528 (direct) ACOUSTICS AUDIOVISUAL TECHNOLOGY 404.417.0100 (ph) jehnert@arpeggiollc.com www.arpeggiollc.com May 10,2022 Ms. Natalia Delgado Procurement Contracting Officer II City of Miami Beach Procurement Department 1755 Meridian Avenue,3rd Floor Miami Beach, Florida 33139 Re: Qualification Submittal for RFQ 2022-185-ND For Noise,Acoustic and Sound Consulting Services Dear Ms. Delgado: Please find herein our submittal of qualifications in response to this RFQ for noise, acoustic and sound consulting services. We are excited at the opportunity to continue providing acoustic consulting services for the City of Miami Beach, for whom we have performed nearly forty sound study peer reviews in the ten years since 2012.These applications are listed in Section 2.1.In addition to this specific experience with the City of Miami Beach, we have significant experience with performing sound studies, including site acoustic measurements and computer modeling related to various sources,including amphitheaters,performance venues,and industrial activities to assess community impact. Please feel free to contact me, Jesse Ehnert, the primary contact, at 404-277-6528 or iehnert@arpeggiollc.com if you have any questions or need additional information. Sincerely, (12.44-2- 4' Cf"--- Jesse J. Ehnert, INCE Bd.Cert. Principal Arpeggio, LLC yOSjE t tn,t,I/ O`• f Jl., Board Certified !USANO' Jesse Ehnert 16002 �i• ExplIes January 31,2027 .fit` VHIJf(atInttUfe.UIg >>�S sw • c 0�t 1 Qualification Submittal for City of Miami Beach RFQ#2022-185-ND DocuSign Envelope ID:F45CDD31-E72B-458F-80130-4B310CFB34FC Arpeggio 1947 Aspen Drive NE, Atlanta, Georgia 30345 ARPEGGIO 404.277.6528 (direct) ACOUSTICS AUDIOVISUAL TECHNOLOGY 404.417.0100 (ph) jehnert@arpeggiollc.com www.arpeggiollc.com Contents 1 Cover Letter and Table of Contents 1 2.1 Qualifications of Proposing Firm 3 Highlighted Projects 3 Other Relevant Projects 6 2.2 Qualifications of Proposer Team 9 2.2.1 Project Experience 10 Jesse Ehnert 10 Kenneth Cunefare 11 3 Approach and Methodology 13 Peer Review Standards 13 Sound Study Standards 13 Non-Project Specific Services 14 2 Qualification Submittal for City of Miami Beach RFQ#2022-185-ND DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Arpeggio 1947 Aspen Drive NE, Atlanta, Georgia 30345 ARPEGGIO 404.277.6528 (direct) ACOUSTICS AUDIOVISUAL TECHNOLOGY 404..417.0100 (ph) jehnert@arpeggiollc.com www.arpeggiollc.com 2.1 Qualifications of Proposing Firm Arpeggio, LLC is a five-member firm which draws upon more than 100 years of combined practice to provide comprehensive acoustic consulting services in the fields of community noise, architectural acoustics, mechanical and electrical system noise and vibration control, industrial noise, forensic acoustics,and expert witness testimony.As one of the largest acoustic consulting companies in the Southeast,we have developed a strong reputation for providing both public and private entities the expertise and experience to make informed decisions about acoustic issues of all types. Whether our client's concerns are the quality of acoustics within a space or sound propagation to the surrounding community,we offer a full range of acoustical consulting services to address the client's needs—acoustic design, computer modeling predictions, peer review, and field measurements. In addition, we are proud members of the National Council of Acoustical Consultants(NCAC). We offer the following list as a sample of projects that underscore our relevant experience. Following three highlighted projects, other relevant projects are briefly described. Highlighted Projects Various Projects,Miami Beach, Florida Starting in August 2012 and continuing to the present,Arpeggio has been retained by the City of Miami Beach to perform sound study peer review services identical to those being called for in this Request for Qualifications. During that time, we have been involved in nearly forty applications which are listed below. For each of those applications, we have reviewed the sound study as well as associated operational plans and other documentation, have requested that additional noise surveys be performed and information be provided, and attended one or more meetings in Miami Beach. Over this course of time, we have visited project sites and have become very familiar with the various areas of Miami Beach and their associated soundscapes. This work has been performed predominantly by Principal,Jesse Ehnert,with assistance from other members of Arpeggio. Agency: Miami Beach Planning Department 1700 Convention Center Drive, Miami Beach, Florida 33139 Agency contact: Mr. Michael Belush,Chief of Planning&Zoning MichaelBelush@miamibeachfl.gov,305-673-7000 x 6258 Term of engagement: August 2012 to present 3 Qualification Submittal for City of Miami Beach RFQ#2022-185-ND DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC • Arpeggio 1947 Aspen Drive NE, Atlanta, Georgia 30345 ARPEGGIO 404.277.6528 (direct) ACOUSTICS AUDIOVISUAL TECHNOLOGY 404.417.0100 (ph) ✓. jehnert@arpeggiollc.com www.arpeggiollc.com Specific Experience with the City of Miami Beach: 1 Hotel South Beach, PB 0616-0035 1234-1260 Washington Avenue,Urbin Retreat, PB 19-0325 1 Lincoln Road, PB 0616-0037 1236 Ocean Drive,II Giardino, PB 16-0069 236 21st Street,South Beach Hotel, PB 2129 1434 Washington Avenue,Clay Hotel, PB 18-0189 237 20th Street,Sweet Liberty, PB 2278 1450 Collins Aveniie,Senor Frng,PR 7192 601-685_Washington Avenue,PB 2320 1600 Alton Road,Rooftop Cinema Club, PB 20-0377 626-650 Ocean Drive, Park Central Hotel, 1601 Collins Avenue,Loews Hotel Lure Fishbar, PB 16-0089 PB 2086 655 Washington Avenue,PB 2116 1601 Drexel Avenue,Time Out Market, PB 16-0066 723 N Lincoln Lane,Lincoln Eatery,PB 21-0435 1663-1675 James Avenue, PB 2162 850 Commerce Street, DRB 22868 1664-1666 Lenox Avenue,Chotto Matte, DRB 17-0147 915-955 Washington Avenue, Moxy Hotel, 1671 Collins Avenue,Sagamore South Beach, PB 0616-0033 PB 21-0457 928 Ocean Drive,Voodoo Lounge,PB 18-0252 1826 Collins Avenue,EME Exclusive Club, PB 21-0452 940 Ocean Drive,Havana 1957,PB 19-0285 1906-1912 Collins Avenue,Baoli,PB 19-0321 955 Alton Road,Coco Bambu,PB 18-0188 2000 Collins Avenue,Bagatelle Bistro,PB 2277 960 Ocean Drive,Ocean's Ten 3201 Collins Avenue, Faena Saxony Hotel, PB 2173 1000-1030 Collins Avenue,Fairwind Hotel, 4041 Collins Avenue,Thompson Hotel,PB 2136 PB 19-0270 1052 Ocean Drive,The Palace, PB 17-0171& 6801 Collins Avenue,Carillon Hotel Trellis Bar, PB 20-0390 HPB 17-0093 1060 Ocean Drive,iLov305,PB 17-0158 Congress Hotel,PB 2268 1100 West Avenue, Mondrian Hotel, PB 1898 Goodtime Hotel, PB 21-0453 1200 Ocean Drive,Pink Taco,PB 20-0345 Haddon Hall and Campton Apartments, PB 2311 4 I Qualification Submittal for City of Miami Beach RFQ#2022-185-ND DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Arpeggio 1947 Aspen Drive NE, Atlanta, Georgia 30345 ARPEGGIO 404.277.6528 (direct) ACOUSTICS AUDIOVISUAL TECHNOLOGY 404.417.0100 (ph) jehnert@arpeggiollc.com www.arpeggiollc.com Madison County Noise Survey and Noise Ordinance Development,Madison County,Georgia In January 2021,Arpeggio was retained by the Madison County Board of Commissioners to perform a multi-site, multi-day continuous noise survey at several locations in the vicinity of a biomass power plant in response to community complaints. That effort produced extensive data and a comprehensive report including survey findings, interpretation, and suggested subsequent action. Since that survey, the county has retained us to develop a noise ordinance for the county. That effort involves community and stakeholder outreach; community noise mapping of existing noise sources such as industries, road, and rail utilizing SoundPLAN; site ambient noise measurements to verify and calibrate our modeling;and the development of a comprehensive noise ordinance that is adapted to address local concerns, conditions, and situations. Implementation guidance in the form of instrumentation recommendations and a training session is included. Agency: Madison County, Georgia 91 Albany Avenue, Danielsville, Georgia 30633 Agency contact: Mr.Christopher T. Roach, Department Head for Code Enforcement and Planning&Zoning croach@madisonco.us,706-795-6348 Term of engagement: January 2021 to present Verizon Wireless,Roswell,Georgia In 2021, Arpeggio was retained to perform a noise study of a proposed expansion of an existing data computing facility located in a residential community for Verizon Wireless. Services included site noise surveys to establish existing sound levels as well as three- dimensional community noise modeling of proposed mechanical equipment, including generators, air handlers, and condensers, using SoundPLAN. We provided support in application processes by attending forums with opposed members of the community and giving testimony at municipal planning board and city council meetings. Agency: Morrison Hershfield 1455 Lincoln Parkway,Suite 500,Atlanta,Georgia 30346 Agency contact: Ms. Katherine McGah (currently with HKS, Inc.) kmcgah@hksinc.com,404-202-2563 Term of engagement: September 2021 to March 2022 5 I Qualification Submittal for City of Miami Beach RFQ#2022-185-ND DocuSign Envelope ID:F45CDD31-E726-458F-80B0-4B310CFB34FC Arpeggio 1947 Aspen Drive NE, Atlanta, Georgia 30345 ARPEGGIO 404.277.6528 (direct) ACOUSTICS AUDIOVISUAL TECHNOLOGY 404.417.0100 (ph) jehnert@arpeggiollc.com www.arpeggiollc.com Other Relevant Projects 13-17 West Bay Street,Savannah,Georgia. Recommendations for a live music venue located under residential units. 250 Williams Data Center,Atlanta,Georgia.Assessment of potential community noise impact of the installation of mechanical and electrical equipment, including generators and chillers,on a downtown Atlanta rooftop associated with a new data center, including pre-installation site noise survey. 455 East Paces Ferry Road,Atlanta,Georgia. Measurement and recommendations concerning preschool noise transmission to an adjacent office building. Anthony's Restaurant,Atlanta, Georgia. Community noise monitoring and reporting relating to litigation between a restaurant and residential neighbor. The Artisan, Decatur, Georgia. Guidance with mitigating amenity area noise transmission to residential units below in a condominium setting. Bark ATL,Atlanta,Georgia. Investigation and analysis of potential community impact of a dog kennel in response to zoning requirements. Bossier Parish and Caddo Parish Noise Ordinance Development, Louisiana. Development of a comprehensive noise ordinance for Bossier & Caddo Parish. Acoustic consulting services included 3D acoustic modeling of the two parishes of 1800 square miles using SoundPLAN, conducting multi-day ambient noise measurements throughout the parishes,and guidance for noise ordinance development and implementation. Buckhead Square Phase II, Atlanta, Georgia. Consultation regarding the design and construction of a 22,000 square foot restaurant/nightclub located directly below commercial spaces and near a residential community. City of Duluth, Duluth, Georgia. Development of a noise standard for a revitalized master- planned downtown area accommodating a live music pavilion, bars, and restaurants among residential development. Project included meeting with city representatives and measurements in the area during a typical weekend evening. City of Sandy Springs Noise Ordinance,Sandy Springs,Georgia. Development and delivery of a training course concerning general acoustics and noise ordinance enforcement for a municipal code enforcement division and police department. 6 Qualification Submittal for City of Miami Beach RFQ#2022-185-ND DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC ®-� Arpeggio 1947 Aspen Drive NE, Atlanta, Georgia 30345 ARPEGGIO 404.277.6528 (direct) ACOUSTICS AUDIOVISUAL TECHNOLOGY 404.417.0100 (ph) jehnert@arpeggiollc.com www.arpeggiollc.com Club Elleven, Miami, Florida. Peer review of a sound study concerning neighborhood impact of modifications at a nightclub, including attendance at a planning board hearing. Colony Square,Atlanta,Georgia. Study of noise and vibration issues encountered in a multiuse facility housing a fitness center in close proximity to commercial and residential spaces. Earthshaking Music,Atlanta, Georgia. Consultation related to the design of a band rehearsal facility attached to a music store and the potential for sound transmission to the immediately adjacent residential community. Fado Irish Pub, Atlanta, Georgia. Consultation regarding rooftop patio noise at a restaurant located near a high-rise condominium. Home Depot,Atlanta, Georgia. Community noise monitoring to characterize and assess the impact of commercial activities on the adjacent residential neighborhood and interpretation with relation to the Atlanta Noise Ordinance. Preparation of expert report and delivery of deposition. Imagine Wesley International Academy,Atlanta,Georgia. Consultation regarding playground noise propagation to nearby residential neighbors in the vicinity of an elementary school. Infinite Energy Center Westin Hotel, Duluth, Georgia. Acoustic design and construction administration services for a 235,000 square foot hotel immediately adjacent to an arena hosting large concerts and sporting events. International House of Prayer, Lawrenceville, Georgia. Environmental noise investigation of sound transmission through the building envelope of the existing sanctuary to the neighboring community. Acoustic consulting services included measurements, analysis, and recommendations to mitigate the noise transmitted through the various building envelope constructions. Iron City Live, Birmingham,Alabama. Comprehensive acoustic analysis for the design of a new 1,400 occupancy music venue in Birmingham,Alabama.Acoustic consulting services included architectural acoustic modeling,sound isolation, mechanical noise control, and environmental noise analysis and control. Loews Vanderbilt Hotel, Nashville, Tennessee. Diagnosis, measurements, and recommendations concerning noise and vibration transmission from a cooling tower atop a hotel to adjacent office space. 7 I Qualification Submittal for City of Miami Beach RFQ#2022-185-ND DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Arpeggio 1947 Aspen Drive NE, Atlanta, Georgia 30345 ARPEGGIO 404.277.6528 (direct) ACOUSTICS AUDIOVISUAL TECHNOLOGY 404.417.0100 (ph) jehnert@arpeggiollc.com www.arpeggiollc.com Marriott at Penn Square, Lancaster, Pennsylvania.Services related to the design of a 12-story, 100-guestroom addition to an existing hotel which is to be located directly across the street from an Irish pub and music venue. Services included site measurements of environmental noise levels during performances at the venue. Masquerade, Atlanta, Georgia. Acoustic consultation services related to sound transmission concerns between a live music concert venue and a proposed dance club above. Park Place Shopping Center,Atlanta,Georgia. investigation and recommendations concerning sound isolation between a proposed restaurant/bar with live music and high-end restaurant. Rendezvous Nightclub,Atlanta,Georgia. Diagnosis of community noise complaints related to low-frequency music escaping from a nightclub. Design of modified roof system for improved low-frequency sound containment within building. -Rose Arbor Community,Doraville,Georgia. Noise monitoring to assessthe-impact of activities at a professional soccer stadium on adjacent residences in relation to noise ordinance. Savannah Slow Ride, Savannah, Georgia. Consultation related to noise generated by quadricycle tours serving alcohol in response to community complaints. Smith's Olde Bar, Atlanta, Georgia. Investigation concerning a community noise issue at a concert venue. Vice Lounge, Savannah, Georgia. Investigation of sound transmission from a basement-level nightclub/bar into a ground-level retail space and second-floor rental residences. Included an overnight stay in an impacted residence and development of mitigation recommendations. Westside Heights,Atlanta,Georgia.Acoustic support services related to assessing the impact of municipal water pipeline drilling activities adjacent to a new apartment complex, including site noise surveys, report preparation,and attendance at court hearings. Wild Leap Brewery,Atlanta,Georgia.Acoustic design of a new brewery located directly under residences requiring sound isolation. In addition to the main brewery space,the project,which is an adaptive reuse of an old factory, is to have an enclosed music venue/event space which may be used for music and comedy performances or other gatherings to watch events on a large projection screen. 8 I Qualification Submittal for City of Miami Beach RFQ#2022-185-ND DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC /0—� Arpeggio (/ice 1947 Aspen Drive NE, Atlanta, Georgia 30345 ARPEGGIO 404.277.6528 (direct) ACOUSTICS AUDIOVISUAL TECHNOLOGY 404.417.0100 (ph) jehnert@arpeggiollc.com www.arpeggiollc.com 2.2 Qualifications of Proposer Team Arpeggio is managed by five equal Principals, identified below,who perform various tasks within the company including consultation in architectural acoustics, community noise measurements and modeling, and audiovisual and technology systems design. Arpeggio has no employees; all work is performed by its Principals. Jesse Kenneth Tina Brian Michelle Ehnert, Cunefare, Ortkiese, Patrick, Patrick, Principal Principal Principal Principal Principal Jesse Ehnert will be the Principal in charge of performing the scope of work called for by this RFQ. Throughout his 24-year career as an acoustic consultant, Mr. E Ehnert's work has focused on architectural acoustics and community noise control. His project management duties have included performing arts, 4:::,' hospitality, residential, corporate, religious, convention, educational, courtroom, health care, industrial,and athletic facilities. Mr. Ehnert received his Master's degree in Mechanical Engineering(ME),specializing in acoustics, from the Georgia Institute of Technology and his Bachelor's degree in ME from the University of Florida. He is a Board Certified Member of the Institute of Noise Control Engineering as well as a member of the.Acoustical Society of America, where he is a member of the technical committees on architectural acoustics and noise. He also currently serves as the Vice President of Finance for the National Council of Acoustical Consultants. Before joining Arpeggio, Mr. Ehnert worked as an acoustical consultant with Newcomb& Boyd in Atlanta,Georgia for 4 years. As needed to carry out the duties of contracts, assistance may be provided by Dr. Kenneth Cunefare. Dr. Cunefare has been involved in acoustics, noise and `` vibration consulting since 1991. He has experience in environmental noise n` ' `7 assessment; community noise impact assessment; commercial, industrial, and y residential noise control assessment,specification, and design; noise dosimetry hearingconservation programs;and vibration analysis and control. 4. r4 P g Y , ; Dr. Cunefare received a Ph.D. in Mechanical Engineering with specialization in acoustics from the Pennsylvania State University in 1990. Dr. Cunefare is a Fellow of the Acoustical Society of America and a Fellow of the American Society of Mechanical Engineers. He is a member of the Institute of Noise Control Engineering and of SAE International. He joined the Mechanical Engineering faculty of the Georgia Institute of Technology in 1991, where he taught classes in acoustics, noise control,vibrations,and design for 30 years. 9 1 Qualification Submittal for City of Miami Beach RFQ#2022-185-ND DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Arpeggio 1947 Aspen Drive NE, Atlanta, Georgia 30345 ARPEGGIO 404.277.6528 (direct) ACOUSTICS AUDIOVISUAL TECHNOLOGY 404.417.0100 (ph) jehnert@arpeggiollc.com www.arpeggiollc.com 2.2.1 Project Experience Jesse Ehnert Various Projects,Miami Beach, Florida Starting in August 2012 and continuing to the present,Arpeggio has been retained by the City of Miami Beach to perform sound study peer review services identical to those being called for in this Request for Qualifications. During that time, I have been involved in nearly forty applications which are listed in Section 2.1. For each of those applications, I have reviewed the sound study as well as associated operational plans and other documentation, have requested that additional noise surveys be performed and information be provided, and attended one or more meetings in Miami Beach.Over this course of time, I have visited project sites and have become very familiar with the various areas of Miami Beach and their associated soundscapes. Agency: Miami Beach Planning Department 1700 Convention Center Drive, Miami Beach, Florida 33139 Agency contact: Mr. Michael Belush,Chief of Planning&Zoning MichaelBelush@miamibeachfl.gov, 305-673-7000 x 6258 Term of engagement: August 2012 to present Verizon Wireless,Roswell,Georgia In 2021, Arpeggio was retained to perform a noise study of a proposed expansion of an existing data computing facility located in a residential community for Verizon Wireless. Services included site noise surveys to establish existing sound levels as well as three- dimensional community noise modeling of proposed mechanical equipment, including generators, air handlers, and condensers, using SoundPLAN. I provided support in application processes by attending forums with opposed members of the community and giving testimony at municipal planning board and city council meetings. Agency: Morrison Hershfield 1455 Lincoln Parkway,Suite 500,Atlanta, Georgia 30346 Agency contact: Ms. Katherine McGah, Principal,Senior Architect kmcgah@morrisonhershfield.com, 770-379-8552 Term of engagement: September 2021 to March 2022 1.0 Qualification Submittal for City of Miami Beach RFQ#2022-185-ND DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC �m A Arpeggio 1947 Aspen Drive NE, Atlanta, Georgia 30345 A P E G G i • ; 404.277.6528 (direct) ACOUSTICS AUDIOVISUAL TECHNOLOGY 404.417.0100 (ph) jehnert@arpeggiollc.com www.arpeggiollc.com Newtown Park Amphitheater,Johns Creek, Georgia In 2015, Arpeggio was retained to perform a noise study of the popular Newtown Park Amphitheater which had been generating complaints from nearby neighbors during its Summer concert series. As part of our scope of work, I performed a long-term ambient noise survey encompassing various locations near property lines between the park and affected neighbors. Additionally, I performed a survey of one concert at the aforementioned locations as well as additional locations. I analyzed all collected data and prepared a report detailing the findings of the surveys and interpretation with respect to the local noise ordinance.While preparation of mitigation measures, if needed,was a part of our potential scope of services, it was found that no mitigation was required. Agency: City of Johns Creek 12000 Findley Road,Suite 400,Johns Creek, Georgia 30097 Agency contact: Mr. Kirk Franz, Recreation Manager Kirk.Franz@iohnscreekga.gov, 678-512-3200 Term of engagement: July 2015 Kenneth Cunefare Cherokee County Noise Ordinance Development, Cherokee County,Georgia In March 2022, Arpeggio was retained by the Cherokee County Board of Commissioners to support revisions to the noise ordinance for the county.The effort involves community and stakeholder outreach; community noise mapping of existing noise sources such as industries, road, and rail utilizing SoundPLAN; site ambient noise measurements to verify and calibrate our modeling; and the development of a zoning and planning-oriented amendment to the county's noise ordinance, addressing local concerns, conditions, and situations. Agency: Cherokee County, Georgia 1130 Bluffs Parkway, Canton,Georgia 30114 Agency contact: Mr.Geoffrey(Geoff)E.Morton,County Manager,Cherokee County Board of Commissioners gmorton@cherokeega.com, 678-493-6000 Term of engagement: March 2022 to present I Qualification Submittal for City of Miami Beach RFQ#2022-185-ND DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC Arpeggio 1947 Aspen Drive NE, Atlanta, Georgia 30345 ARPEGGIO 404.277.6528 (direct) ACOUSTICS AUDIOVISUAL TECHNOLOGY 404.417.0100 (ph) jehnert@arpeggiollc.com www.arpeggiollc.com Bossier Parish Noise Ordinance Development, Bossier Parish, Louisiana In October 2021, Arpeggio was retained by the Bossier Parish Police Jury to support revisions to their noise ordinance which Arpeggio had developed in 2010. The effort involves a comprehensive revision in light of recent experience and lessons learned. Arpeggio is also serving in a reviewer role for Noise Management Plans and Noise Surveys submitted by industry and others for planning and development permitting. Agency: Bossier Parish Police Jury 204 Burt Boulevard, P.O. Box 70, Benton, Louisiana 71006 Agency contact: Mr. C. Eric Hudson,Parish Engineer ehudson@bossierparishla.gov,318-965-2329 Term of engagement: October 2021 to present Madison County Noise Survey and Noise Ordinance Development, Madison County,Georgia In January 2021,Arpeggio was retained by the Madison County Board of Commissioners to perform a multi-site, multi-day continuous noise survey at several locations in the vicinity of a biomass power plant in response to community complaints. That effort produced extensive data and a comprehensive report including survey findings, interpretation, and suggested subsequent action. Since that survey, the county has retained us to develop a noise ordinance for the county. That effort involves community and stakeholder outreach; community noise mapping of existing noise sources such as industries, road, and rail utilizing SoundPLAN; site ambient noise measurements to verify and calibrate our modeling;and the development of a comprehensive noise ordinance that is adapted to address local concerns, conditions, and situations. Implementation guidance in thelorm of instrumentation recommendations and a training session is included. Agency: Madison County, Georgia 91 Albany Avenue, Danielsville,Georgia 30633 Agency contact: Mr.Christopher T. Roach, Department Head for Code Enforcement and Planning&Zoning croach@madisonco.us, 706-795-6348 Term of engagement: January 2021 to present 12 Qualification Submittal for City of Miami Beach RFQ#2022-185-ND DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC /r, Arpeggio 1947 Aspen Drive NE, Atlanta, Georgia 30345 AR P E G G 16 404.277.6528 (direct) ACOUSTICS AUDIOVISUAL TECHNOLOGY 404.417.0100 (ph) jehnert@arpeggiollc.com www.arpeggiollc.com 3 Approach and Methodology Peer Review Standards Our approach and methodology would not materially differ from the approach and methodology employed over the last ten years performing these services for the City of Miami Beach.However, our performance will be informed by the continually expanding knowledge we have of Miami Beach and its various neighborhoods through peer reviews and repeated visits and exploration over the past decade. Our approach begins with a thorough review of the submitted sound study, making note of the aspects of the proposed establishment which are pertinent to sound.We then familiarize ourselves with the location of the proposed establishment through the use of maps and Google Earth as well as intimate knowledge of the city gleaned from dozens of visits to the city over the last ten years. At this point,we assess the technical content within the submitted report,performing calculations, as required,to verify any claims made. In particular,we focus on claims related to existing ambient sound levels at the subject site and estimated sound levels that would be produced by the proposed establishment. Should any discrepancies emerge or additional information be required, we state so. We then prepare a report, summarizing our understanding of the proposed establishment and enumerating any items that require further clarification or revision. Once our report has been submitted, it is common for the original preparer of the sound study to rebut our review, addressing any points we have brought up in our review. Through an iterative process, the team presenting the application may make changes to address any potential sound issues. The final step in the process is attendance at one or more city meetings to address any items related to the noise impact of the proposed establishment. Sound Study Standards Our efforts would commence with a determination of the best methodology to implement in performing the sound study based on the particular aspects of the proposed project. A thorough review of the proposed project, including Letter of Intent, drawings, pictures, current venue operations (if any), and proposed operational parameters would be conducted. This would be followed by a review of the Noise Ordinance to determine aspects of the project which have the potential to result in violations. Following this background review, a site noise survey would be conducted to establish existing site sound levels. Measurements would be made on a variety of days at various times of the day, including times when the proposed venue is not planned to be operated. Measurements would be made a minimum of five days, including Thursday through Monday, with anomalous events or 13 I Qualification Submittal for City of Miami Beach RFQ#2022-185-ND DocuSign Envelope ID:F45CDD31-E72B-458F-80B0-4B310CFB34FC ?'0---� Arpeggio (!7,-- 1947 Aspen Drive NE, Atlanta, Georgia 30345 ARPEGGIO 404.277.6528 (direct) ACOUSTICS AUDIOVISUAL TECHNOLOGY 404.417.0100 (ph) jehnert@arpeggiollc.com `-"% www.arpeggiollc.com circumstances noted. Equipment may be deployed for extended periods to measure unattended although personnel would remain in the area to monitor activities and the integrity of the survey. Analyses would then be conducted, potentially utilizing three- , dimensional community noises.-. x x„ = ; , i computer modeling program, , , SoundPLAN, to determine the t acoustic impact of the proposed � ` _ r venue on the existing measuredr soundscape at the nearest � . residential areas and hotels. Our --a sr.tw a analyses would account for live or 4,4: 7 v.- rerecorded music (including bass), '� `°�'`...._ patron noise, and the potential -: : .��* impact of special events. - O .- .®..� Based on our analyses,we would develop recommendations for mitigation including sound system operation, architectural layout, and the possible inclusion of sound-attenuating features such as vestibules and noise barriers. Non-Project Specific Services These services would be catered to suit the specific request, although, to the extent that such services would include involvement with current and proposed regulations related to noise abatement, management, and containment or commentary on methodology for assessment and enforcement of regulations, we would rely on our extensive experience in the development of noise ordinances and input on their enforcement to carry out any requested tasks.Our experience would be complemented by our familiarity with the neighborhoods of Miami Beach and several of its existing venues as well as existing concerns within certain areas of the city. All aforementioned services would be performed in house without sub-consultants, unless prior approval is obtained. 14 1 Qualification Submittal for City of Miami Beach RFQ#2022-185-ND