The URL can be used to link to this page

Home My WebLink AboutC25650 Ratify Noise Concerns Agusta RestaurantContract No. C25650 CITY OF PALM DESERT DEVELOPMENT SERVICES STAFF REPORT REQUEST: Ratify the City Manager's Authorization to Contract with Gordon Bricken & Associates for Acoustical Engineering Services at Augusta's Restaurant SUBMITTED BY: Martin Alvarez, Senior Management Analyst CONTRACTOR: Gordon Bricken & Associates 1621 East Seventeenth, Suite K Santa Ana, CA 992705-8518 DATE: August 24, 2006 CONTENTS: Proposal/Contract Recommendation: By Minute Motion: Ratify the City Manager's authorization to contract with Gordon Bricken & Associates, Santa Ana, California, to provide acoustical engineering services to address noise concerns at Augusta's Restaurant (73-995 El Paseo) in the amount of $4,400.00. Discussion: On May 17, 2006, the City Manager authorized staff to contract with Gordon Bricken & Associates (GBA) for acoustical engineering services to address noise issues relating to outdoor music at Augusta's Restaurant (73-995 El Paseo). The acoustical services that will be provided by GBA include the following components: • Visit the site and review the nature of the issue. • Inspect the construction of the building, location, and type of music equipment used by Augusta's. • Setup a simulation of the equipment operation and determine the exterior noise levels. • Recommend mitigation measures needed to produce a reduction in noise emissions to comply with our Noise Ordinance. • Proposal includes up to three meetings with staff to discuss issues and review the findings. Contract No. C25650 Staff Report Ratify Contract with Gordon Bricken & Associates Augusta's Page 2 of 2 August 24, 2006 The total proposal cost is $ 4,400.00. Augusta's Restaurant outdoor music activity is currently closed for the summer. The consultant will resume. his work in September. Once the project is complete, staff will provide the City Council with a report of the findings. Therefore, staff recommends that City Council, by minute motion, ratify the City Manager's authorization to contract with Gordon Bricken & Associates in the amount of $4,400.00. Submitted By: kUrtin Alvarez Senior Management Analyst Approval: Carlos L. mega(/ City Manager Paul Gibson Finance Director IN H A it Services :ITY COUNCIL ACTION: APPROVED DENIED RECEIVED OTHER MEETING DATE IES : ibe-��rrit k 0 , u•0''Yl :)Es : ate, -3SENT: :,BSTAIN: IERIFIED BY••m on File wi City Clerk's Office G:IDevServices1Martln AlvarezlWord FilesTO061Staf(Reportslgordonbrickenaugusta.doc CITY OF PALM DESERT DEVELOPMENT SERVICES INTEROFFICE MEMORANDUM To: Carlos L. Ortega, City Manager From: Martin Alvarez, Senior Management Analyst Date: May 17, 2006 Subject: Acoustical Engineering Services Attached please find a copy of a proposal from Gordon Bricken & Associates to provide acoustical engineering services at Augusta Restaurant. We are requesting approval of the attached contract with Gordon Bricken & Associates to provide the following services: • Visit the site and review the nature of the issue. • Inspect the construction of the building, location and type of music equipment used by Augusta. • Setup a simulation of the equipment operation and determine the exterior noise levels. • Recommend mitigation measures needed to produce a reduction in noise emissions to comply with our Noise Ordinance. • Proposal includes up to three meetings with staff to discuss issues and review the findings. The total proposal cost is $ 4,400.00. Staff recommends that we contract with Gordon, Bricken & Associates to assist us in providing mitigation measures and noise levels that can be enforced by our Code Compliance Staff. If you concur, please sign below and the attached agreement. If you have any questions, please contact me at Extension 448. Approval: zA, Carlos L. Orteg2l City Manager cc: Homer Croy, ACM for Development Services Attachment VK16KtN HS50C 714 835 1957 P• 1 06/368 GORDON BRICKEN & ASSOCIATES ACOUSTICAL and ENERGY ENGINEERS May 16, 2006 MR. MARTIN ALVAREZ CITY OF PALM DESERT 73-310 Fred Waring Palm Desert, California 92260 SUBJECT: PROPOSAL FOR ACOUSTICAL ENGINEERING SERVICES AUGUSTA NIGHTCLUB -- CITY OF PALM DESERT Dear Mr. Alvarez: We are pleased to submit the attached proposal for acoustical engineering services. Thank you, and we look forward to the opportunity of working with you. Prepared b Gordon Bricken President /mmb Attachment: Proposal 06/368 1621 East Seventeenth Street, Suite K Santa Ana, California 92705-8518 Phone (714) 835-0249 FAX (714) 835-1957 1 ..... .. t-VVV u.y7131, LMlf7JJuV !14 0 j 0 1zi5/ P.2 06/368 C� GORDON BRICKEN & ASSOCIATES ACOUSTICAL and ENERGY ENGINEERS P R O P O S A L A C O U S T I C A L E N G I N E E R I N G S E R V I C E S A U G U S T A N I G H T C L U B C I T Y O F P A L M D E S E R T 1.0 INTRODUCTION This proposal addresses the various steps needed to examine the methods -that might be employed to. reduce the amount of noise escaping from the. -nightclub. 2.0 SCOPE -OF -WORK•: 2.1 Visit the nightclub and review the nature of the problem and diagram the plan of the facility. 2.2 Inspect the construction of the building, and the location and types of the equipment. 2.3 Meet with the Staff and review the issues. 2.4 Discuss the constraints on the facility's operation. 2.5 On a separate visit, set up a simulation of the equipment operation and determine the noise emissions to the nearest residence. 2.6 On that the same day, measure the actual levels from the nightclub during typical operations. 1621 East Seventeenth Street, Suite K Santa Ana, California 92705-8518 Phone (714) 835-0249 FAX (714) 835-1957 2 rin r . t f cuuD ts: Oftttn !fK 1l:Kti'1 H55UC 714 835 1957 P.3 06/368 2.7 Recommend the mitigation measures needed to produce a reduction in the facility's noise emissions so as to comply with the City's Noise Ordinance. 2.6 Prepare a written report to include identification of the noise sources, noise standards, explanations of terminology, noise levels and mitigations. 2.9 Meet with the staff to review the results. 4.0 gLIENT SUPPLIED IZg�ffi The client will supply access to the site and any site plans. 5.0 MEETINGS Three meetings are included in the_Scope-of-Work. Each meeting is based on six hours of time. 6.0 M The fee for the Tasks outlined in the Scope -of -Work will be a not -to -exceed figure of $4,400. Tasks outside the Scope are invoiced at $250.00 per hour, unless the subject of a separate fixed quotation. Legal work is not included in the fee or hourly quotation. The fee is due and payable on a net 30 day basis. Payments after 30 days are subject to a one percent per month interest fee on the remaining balance. 7.0 SCHEDULE The schedule will be that required by the client. 8.0 _INSURANCE, The firm carries the following coverage: Workman's Compensation... $1,000,000 per accident $1,000,000 Policy limit for Disease $1,000,000 per employee 3 06/368 General Liability... $1,000,000 General Aggregate $1,000,000 Products $1,000,000 Personal Injury $1;OOC,000 each occurrence $ 50,000 Fire Damage ' $ 5,000 Medical per person Professional Liability $1,000,000 each. claim (Claims Made) $1,000,000 Aggregate Company class Ratings are: Hartford Insurance = A+ Mercury Insurance = A+ Prepared by: Coto/ on Bri,cken President /mmb 4 F& f7 1 L/ L V V V V. v ..... 6. FINAL PRODUCT 06/368 Two copies of the report shall be made available to the client. No additional service of reports is included. Delivery is by standard U.S. Mail. Special mailing services such as UPS, Federal Express, Priority Mail, etc., are not included. 7. PAYML74T PROV I S IONS Payment is due and payable on a net 30 day basis. Interest at 1% per month will accrue on unpaid balance starting on the 30th day after delivery. The party signing the agreement agrees to be the responsible payee. If an agent is operating on behalf of a third party, and said party is the responsible payee, that party will sign this contract. Payment delays caused by failure of a third party to pay the payee are not considered grounds for failure to pay unless prior arrangements are made. The above is mutually agreed upon on -7 , 2006. P'4cY� D1';GE'0'r- Client GA? -cos L. CAP-Tg&A Name (Print) 0&0)-"2Leo-�t I Telephone e""' a--K MAN -A-& 94 Title Authorization Signature 4��4 ,k%ei Gordon'Bricken, President Approved for Gordon Bricken and Associates, Inc. 6 e t t t t t �• 4 V V V V• V V ... . I. 06/368 GORDON BRICKEN & ASSOCIATES ACOUSTICAL and ENERGY ENGINEERS PROJECT CONTRACT AGREEMENT FOR SERVICES This agreement is between THE CITY OF PALM DESERT and Gordon Bricken and Associates, Inc., for the project known as the AUGUSTA NIGHTCLUB. 2. SERVICE Gordon Bricken and Associates, Inc., will provide the services outlined in Proposal 06/368. 3. COMPEIJSAT ION The fee will be $4,400. 4. REIMBURSAJ LE EXPENSES. Any charges for special delivery or insurance vouchers. S. INSURANCE The firm carries the following coverage: Workman's Compensation... $1,000,000 per accident $1,000,000 Policy Limit for Disease $1,000,000 per employee General Liability... $1,000,000 General Aggregate $1,000,000 Products $1,000,000 Personal Injury $1,000,000 each occurrence $ 50,000 Fire Damage $ 5,000 Medical per person Professional Liability $ 250,000 each claim (Claims Made) $ 250,000 Aggregate Company class Ratings are: The Hartford = A+ Mercury Insurance = A+ 1621 East Seventeenth Street, Suite K Santa Ana, CaMornia 9270"518 Phone (714) 835-0249 FAX (714) 835-1957 5