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HomeMy WebLinkAboutC25640 Ratify Acoustical Engineering Svcs-Modifications to Noise OrdinanceREQUEST: SUBMITTED BY: CONTRACTOR: DATE: CONTENTS: Recommendation: Contract No. C25640 CITY OF PALM DESERT DEVELOPMENT SERVICES STAFF REPORT \/l P Ratify the City Manager's Authorization for Acoustical Engineering Services and Modifications to the Noise Ordinance Martin Alvarez, Senior Management Analyst Gordon Bricken 1621 East Seventeenth, Suite K Santa Ana, CA 992705-8518 August 24, 2006 Proposal/Contract South Beach Acoustical Analysis Report By Minute Motion: Ratify the City Manager's Authorization to contract with Gordon Bricken & Associates, Santa Ana, California, to provide acoustical engineering services/noise ordinance revisions in the amount of $8,100.00. Discussion: On April 18, 2006, the City Manager authorized staff to contract with Gordon Bricken & Associates (GBA) for acoustical engineering services to address issues relating to noise produced by South Beach Nightclub. The acoustical services provided included the following components: • Visiting the site to review the nature of the issue. • Inspecting the construction of the building, location, and type of music equipment used by South Beach. • Setting up a simulation of the equipment operation and determine the interior/exterior noise levels. • Recommend mitigation measures needed to produce a noticeable reduction in noise emissions. • Review the City's current Noise Ordinance and draft a revision to address low frequency noise that can be enforced by City Staff. • Attend City Council meeting to address the Noise Ordinance changes. Contract No. C25640 Staff Report Ratify Contract with Gordon Bricken & Associates Page 2 of 2 August 24, 2006 The total proposal cost was $8,100.00. These technical services were required to adequately address the low frequency noise issues and possible building mitigation measures to reduce the noise levels at South Beach. Attached please find the acoustical analysis report prepared by the GBA addressing possible mitigation measures (building upgrades) needed to produce a noticeable noise reduction at South Beach. A separate report outlining the consultant's proposed Noise Ordinance modifications is also on the August 24, 2006, City Council agenda. under Ordinances for Introduction. 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 $8,100.00. Submitted By: M in Alvarez Senior Management Analyst Approval: Carlos L. Ortega City Manager Paul Gibson Finance Director Depart r lent H Homer Ctoy ACM for D:j-''opment Services CITY COUNCILATION: APPROVED DENIED RECEIVED OTHER MEETING DATE „19--0 (o AYES : 63e.o5Cno , 1 S elk/ 1-1e..e„: C� TOS. tJrnrl�. ( BSENT: j a(jrta_. UBSTAIN: t1/41,. JERIFIED BY: g,1 011I)-\ :Ir. iginaI on File wit' City Clerk ' a Office G:IDevServiceslMartin Alvarez\Word Files120061StaffReportslgordonbricken.doc 06/455 1 \ O GORDON BRICKEN & ASSOCIATES ACOUSTICAL and ENERGY ENGINEERS RECEIVED JUN 2 9 2006 June 12, 2006 Development Services City of Palm Desert r A C O U S T I C A L A N A L Y S I S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - S O U T H C I T Y Prepared b Gor n Bricken President /mmb B E A C H O F 1621 East Seventeenth Street, Suite K Phone (714) 835-0249 N I G H T C L U B P A L M D E S E R T Prepared for: MR. MARTIN ALVAREZ CITY OF PALM DESERT 73-310 Fred Waring Palm Desert, California 92260 Santa Ana, California 92705-8518 FAX (714) 835-1957 / 1 / GORDON BRICKEN 06/455 1ATES ACOUSTICAL and ENERGY ENGINEERS S U M M A R Y This analysis has been completed'to determine the extent of the changes needed at the South Beach Nightclub to effect a meaningful reduction in the sound levels to areas outside the site. A sound study by Medlin and Associates, Inc., did not provide a clear opinion that the South Beach Nightclub was in violation of the Palm Desert Noise Ordinance or the Rancho Mirage Noise Ordinance at a residence located in Rancho Mirage. The study identified a low frequency beat in the sound signature that was attributed to the South Beach Nightclub and which had been the subject of the complaints. This study did not revisit the issue of compliance with the Noise Ordinances. This study addressed what changes could be made at the South Beach Nightclub that would produce a significant reduction in the sound level outside the facility. The target chosen was a reduction of ten (10) decibels simultaneously in the A -Weighted and C-Weighted measures. The study examined various combinations of modifications to the building envelope as well as changes to the sound system. To meet the design goal the following changes would need to be made: 1. Replace the existing sliding glass door next to the stage with a wall that has an STC 46 rating, or higher. A window with a similar rating may be used as well. 2. Replace all remaining windows with windows rated STC 39, or higher. 3. Replace the existing door to the deck with a door rated STC 42, or higher. Alternately, construct a double door vestibule arrangement for this entry. 1621 East Seventeenth Street, Suite K Santa Ana, California 92705-8518 Phone (714) 835-0249 FAX (714) 835-1957 / 2 06/455 4. An option to modification of the building envelope is to modify the source frequency spectrum by reducing the bass contributions so that the A -Weighted and C-Weighted measures are within five dBA of each other. 3 061 455 O GORDON BRICKEN & ASSOCIATES ACOUSTICAL and ENERGY ENGINEERS 1.0 INTRODUCTION This report addresses the potential options for noise reduction that could be employed at the South Beach Nightclub relative to noise emissions into residential areas. A vicinity map showing the general location of the club is presented on Exhibit 1 -- Site Location Map. It is located at the southwest corner of State Highway 111 and Painters Path. Exhibit 2 shows an aerial of the area. The facility floor plan is shown on Exhibit 3. Exhibits 4 and 5 provide the following orientation photos: Exhibit 4. The upper photo is a view from the corner of State Highway 111 and Painters Path looking toward the nearest residential area located in the City of Rancho Mirage. There is some history of complaints of excessive noise from residences in this location. Note these residences have a seven foot high privacy wall. The lower photo is taken from the deck of the South Beach Nightclub looking across a small pond and in the direction of the residences seen in the upper photo. The outdoor area is surrounded by a six foot (61) wall. Exhibit 5. Exhibit 5 shows two views of the interior of the club. The upper photo is of the stage that is located inside the deck area. Note that there are two suspended speakers. It also appears that there may be sub -woofers below the stage. The lower photo is the sound system console, which is the typical array of mixers, faders, amplifiers and controllers. 1621 East Seventeenth Street, Suite K Santa Ana, California 92705-8518 Phone (714) 835-0249 FAX (714) 835-1957 4 06/455 2.0 BACKGROUND The City of Palm Desert had the firm of Medlin and Associates, Inc., conduct a noise measurement study at a residence located on Barbara Drive in the City of Rancho Mirage. The intent of that study was to determine if the South Beach Nightclub was in compliance with the noise criteria of the City of Palm Desert even though the residence was not within the City's limits. The Palm Desert Noise Ordinance, as it relates to residential land uses, is listed in Table 1. TABLE 1 ALLOWED LIMITS AT RESIDENTIAL USES FOR THE CITY OF PALM DESERT (1} ALLOWED LIMIT (dBA) EXTERIOR INTERIOR ALLOWED DURATION DAY NIGHT DAY NIGHT TERM 30 minutes in hour 55 50 -- -- L50 15 minutes in hour 60 55 -- -- L25 5 minutes in hour 65 60 55 45 L8 1 minute in hour 70 65 60 50 L2 Anytime in hour 75 70 65 55 Lmax (1) a. Day = 7:00 A.M. to 10:00 P.M. Night = 10:00 P.M. to 7:00 A.M. B. dBA = The symbol for A -Weighted decibels The noise limits of Rancho Mirage are the same as those given in Table 1. The Medlin study came to the following conclusions: 1. The exterior and interior levels exceeded the allowed limits but the levels could not be attributed for certain to the South Beach Nightclub due to the Highway ill noise contributions. 2. There was a distinct 50 Hertz beat which was attributed to the South Beach Nightclub. The level was typically around 60 dB,.but it reached 70 dBA once for some period of time after 1:00 A.M. 3. Crowd noise at the South Beach Nightclub was audible, but it not quantified in the report. In general, the Medlin report is somewhat inconclusive as to whether the South Beach was exceeding the limits of the Noise Ordinances. 5 06/455 3.0 MITIGATION MEASURES 3.1 MEASURES OF CHANGE The object is to produce an amount of change that can be noticed. The.degree.of recognition of the change in a noise level varies with the individual and any interference from noise sources other than the one under study. In the ideal case, it takes about ten (10) dB of change for nearly anyone to recognize a change has taken place. A reduction of ten (10) dBA would be characterized as half loudness. I 3.2 REFERENCE TRANSMISSION LOSS The Noise Ordinance unit of measure is the A -Weighted decibel. The A -Weighting is a form of filter that is applied to the measurement instrument to simulate the way the human ear filters sound. The effect of this filtering can be seen by examining the frequency distribution of a sound that might occur inside the South Beach facility. Exhibit 6 shows the frequency plot for the sound with and without the A -Weighting filter. The case without the filter is referred to as the C-Weighting. Notice that the filter knocks down the contributions to the total sound below about 500 Hertz. The reported 50 Hertz contribution in the Medlin study is nearly 30 dB less with the A -Weighting. Therefore, any A -Weighted measurement would not be affected to any great degree by the energy at 50 Hertz. This does not mean people cannot hear it, it just means that the overall noise dBA level, which is the sum of the contributions at every frequency, is not altered significantly by the lower frequency contributions. Exhibit 6 indicates that while the A -Weighted level is 110 dB, the unweighted version is 119 dB, or nine (9) dB higher. The object of this mitigation study was to produce at least a ten (10) dB noise reduction in the sound level emissions for both the A -Weighted and C-Weighted conditions. The initial site visit indicated that the stage is next to a large sliding glass door. Permission could not be obtained to measure the actual noise levels of a performance inside the facility. Therefore, the source level is that described by Exhibit 1 taken from an actual nightclub measurement at another location. Also, the actual noise reduction of the building could not be measured, so the reference data from other sources was used to pursue the analysis. 06/455 The estimated noise reduction of the glazing next to the stage based on file data as a function of frequency is plotted on Exhibit 7. When the transmission loss of Exhibit 7 is applied to the source noise curve of Exhibit 6, the result is the exterior noise curve of Exhibit 8. The inside -to -outside noise reduction is 25 dBA (110-85=25). Exhibit 8 is the unweighted noise curve. Note how the frequencies below 250 Hertz are even more dominant than they were in Exhibit 6. To increase the noise reduction, it is necessary to increase the transmission loss of the various potential components of construction. The standard measure of transmission loss is the Sound Transmission Class (STC) rating. A series of calculations was carried out using candidate types of window, wall and door construction. The results are given in Table 2. TABLE 2 WALL AND WINDOW CONSTRUCTIONS TRANSMISSION LOSS VALUES (1) LEVEL CHANGE DESCRIPTION STC dBA dBC dBA dBC Existing 26 85 97 25 22 dual pane window 34 80 92 30 27 1/4 inch laminated glass 35 80 97 30 22 1/2 inch laminated glass 39 75 89 35 30 1/4 inch laminated dual pane 53 73 93 37 26 Stucco wall 46 75 95 35 24 Double wall 57 66 86 44 33 Block wall 48 69 84 41 35 Door 26 85 99 25 10 Vestibule Door 42 77 96 33 23 (1) a. The level is just outside. b. The change is from the inside to the outside. C. The inside noise level is set at 110 dBA, 119 dBC. The changes provided by the various construction options are always higher for the A -Weighted measure than the C-Weighted measure for individual components. The reason lies in the change that occurs in the 63 Hertz octave band which contains the 50 Hertz element mentioned in the Medlin study. 7 06/455 3.3 STRUCTURE NOISE REDUCTION The portion of the structure of interest is the entire east wall, not just the sliding glass door next to the stage. This wall consists of several types of construction. It includes the existing sliding glass door next to the stage, a door onto the deck, a stucco wall section, a series of fixed windows and a series of small movable windows. The noise reduction of the building is a combination of the transmission loss values of the various components and the square footage of each type construction. A series of combinations was calculated using the various component data given in Table 2. The results are given in Table 3. TOTAL 3 TOTAL TRANSMISSION LOSS OF THE VARIOUS COMBINATIONS OF CONSTRUCTION DESCRIPTION Existing Add fixed dual Add Vestibule Add Vestibule Add Vestibule + replace Add Vestibule + replace Add Vestibule + replace Add Vestibule + replace LEVEL dBA dBC 25 14 pane windows 30 21 25 15 + fixed dual pane 31 25 + fixed dual pane SGD with stucco wall 31 27 + fixed dual pane SGD with double wall 32 30 + 1/2" laminated glass SGD with stucco wall 35 27 + 1/2 laminated glass walls with double wall 36 30 Inspection of Table 3 indicates that the combined noise reduction of the various components will usually not be as great as some of the individual components. The changes from the existing condition are given in Table 4 on the following page. 1.1 TOTAL 4 CHANGE IN TOTAL TRANSMISSION LOSS OF THE VARIOUS COMBINATIONS OF CONSTRUCTION COMPARED TO THE EXISTING CASE DESCRIPTION Add fixed dual Add Vestibule Add Vestibule Add Vestibule + replace Add Vestibule + replace Add Vestibule + replace Add Vestibule + replace LEVEL dBA dBC pane windows + 5 + 7 0 + 1 + fixed dual pane + 6 +11 + fixed dual pane SGD with stucco wall + 6 +13 + fixed dual pane SGD with double wall + 7 +16 + 1/2 " laminated glass SGD with stucco wall +10 +13 + 1/2 laminated glass walls with double wall +11 +16 06/455 The changes for the various combinations of components are slightly better for the C-Weighted case than for the A -Weighted case. This is attributable mainly to the poor C-Weighted transmission loss of the existing door which tends to dominate the outcome for the entire wall section. The various combinations suggest that every aspect of the existing construction would need to be modified to reach the tentative goal of a ten (10) dBA noise reduction for both the A -Weighted and C-weighted measures. Not all the components need be exactly the choices made here but the STC ratings of the substitutes would need to be similar. 3.4 MODIFICATION OF THE SOUND LEVEL In this example, the source was set at 110 dBA/119 dBC. Since the object was not to specify a certain target noise level but a specific noise reduction goal, the absolute levels are not especially important. What is important is the frequency distribution. The distribution chosen for the calculation was taken in a typical modern nightclub where high sound levels with high bass are the norm. The Medlin study indicated that the complaints which generated the study were focused on the "boom, boom" of the South Beach Nightclub music. This expression was more technically noted in the Medlin report by the 50 Hertz component of the sound signature. 9 06/455 Exhibit 3 showed how the sound frequency distribution is reshaped by the transmission loss effects of the sliding glass door with the net result being an increase in the relative contribution of the bass components or those frequencies under 250 Hertz. As the sound wave propagates outward from the South Beach Nightclub, the atmospheric effects, and structure interactions cause even more reshaping of the frequency distribution so that the bass components can often be the only significant audible components. One way to address the problem of the bass contribution is to simply eliminate or, at least, reduce it at the source. The amplified sound being produced in the nightclub is being modified by mixers that shape the frequency distribution. The bass contribution, which is being produced by a sub -woofer, could be adjusted out or, at least, reduced in level. Since permission was not given to access the sound system and to examine the practices, it is not known how feasible this approach might be in practice, although it is certainly feasible in theory. The more the bass contribution is reduced, the closer the C-Weighted Levels will come to the A - Weighted levels. The closer the C-Weighted levels come to the A -weighted levels, the less the contribution of the bass parts of the frequency spectrum. Ideally, the C-Weighted and A -Weighted measures should be within three (3) dB of each other to insure a relatively small contribution of the bass frequencies to the overall sound level. Another way to address the problem of the bass contribution is to reduce the overall sound level whether measured on an A -Weighted or C-Weighted basis. The ten (10) dBA target change could be met fairly easily in that manner. Whether this would reduce the complaints is not known since the low frequency emphasis would still exist. Also, any reduction of the sound level might affect the acceptance by the patrons. Without knowing what the current practices are, it is not possible to arrive at a clear conclusion as to whether reducing the overall level or reducing the relative contribution of the bass components of the sound is feasible from a patron perspective. 10 C.0 t-- c7� r e0i' o 00 cz� Q ;> 0 m o co (0 00 CO'. I== _ �g Z,i�l�liti ab t tt a / ;/ ,:I II � � ► �� ley K ! 1 ! r� Sry CC 7 v; a Y till e - p v 4 r d 5 iIS ------------- '= o0 C p L B - ff S ®3 N II ;- I w E Mill 11 VAr -.Meow, is U) W m U w 0 115 110 -_ 105 100 95 90 �r 85 J 80 - 75 70 65 60 - 55 - 50 EXHIBIT 6 ESTIMATED THIRD OCTAVE SOURCE SOUND LEVELS INSIDE SOUTH BEACH FOR MUSIC SAMPLE 63 125 UNWEIGHTED DBC = 119 - A -WEIGHTED DBA = 110 i I 250 500 1k THIRD OCTAVE BANDS I I 2k 4k 50 45 - 40 35 - 30 - U) J w m 25 - U w 0 20 - 15 10 -i 5 - J 0 EXHIBIT 7 ESTIMATED THIRD OCTAVE TRANSMISSION LOSS FOR 3/16 INCH GLASS IN SLIDING DOOR I I 11 1 1 1 I I' i. 63 125 250 500 1k 2k THIRD OCTAVE BANDS 4k EXHIBIT 8 ESTIMATED THIRD OCTAVE LEVELS JUST OUTSIDE THE SLIDING GLASS DOOR FOR MUSIC SAMPLE (DBA = 85) 100 - 95• 90 _ j^ 85 - 80 Lij m 75 W 70�'' 65 - 60 -j 55 - J 50 45 63 125 250 500 1k 2k 4k THIRD OCTAVE BANDS / 06/278 GORDON BRICKEN & ASSOCIATES ACOUSTICAL and ENERGY ENGINEERS April 14, 2006 MR. MARTEN ALVAREZ CITY OF PALM DESERT 73-310 Fred Waring Palm Desert, California 92260 SUBJECT: PROPOSAL_ FOR.ACOUSTICAL'ENGINEERING ,SSERVICES SOUTH BEACH NIGHTCLUB AND ORDINANCE REVISION -- 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 Gordon Bricken President /mmb Attachment: Proposal'06/278 1621 East Seventeenth Street. Site K Santa Ana, Cditmr a 92706-951 a Phone (714) 83"249 FAX (714) 836-1957 1 1 / t�J GORDON BRICKEN & ASSOCIATES ACOUSTICAL and ENERGY ENGINEERS 06/278 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 S O_ U T_ H B E_ A_ C H 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 as well as addressing a revised standard for noise control in the community. 2,0 SCOPE-OF-WO&K -- PART 1 2.1 Visit the nightclub and review the nature of the problem. 2.2 Inspect the construction of the building, the location of the equipment and the types of equipment. 2.3 Meet with the Staff and City Council to review the issues. 2.4 Discuss the constraints on the facility's operation. 2.5 On a separate visit, setup a simulation of equipment operation and determine the interior and exterior sound levels as well as the noise reduction of the building envelope. 1621 East Seventeenth Street, Suite K Santa Ana, CaMomia 92705-8518 Phone (714) 835-0249 FAX (714) 535-1957 i 2 06/27.8 2.6 On the same -day, measure the actual levels from the nightclub -during typical operations. 2.7 Recommend the mitigation measures needed to produce a noticeable reduction in the facility's noise emissions. 2.8 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. 3.0 SCOPE OF WORK PART 2 3.-1 Review the current Noise ordinance. 3.2 Examine what techniques. might be available 'to account for the presence of low frequency noise. 3.3 Set standards for low frequency noise that can be . enforced by the City' s staff. 3.4 Draft -a revision to the.Noise Ordinance. 3.5 Prepare a written report. 3.6 Meet with the staff to review the proposals. 4.0 ITT SUPPLIED ITEMS 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 FEE The fee for the Tasks outlined in -the Scope -of -Work will be a not -to -exceed figure of $5,400 for Part 1 and a not - to -exceed figure of $2,700 for Part 2. Tasks outside the Scope are invoiced at $250.00 per hour, unless the subject of a.separate fixed quotation. Legal work is 3 06/278 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.rema-ining balance. 7.0 SCHEDULE The schedule will'be that required by the client. 8..0 INSURANCE The firm carries the following coverage: Work-man's Compensation:.. $1,000,000 per. accident $1, 000, 000 Pol-icy limit for _ Disease " $1,00.0,000 per employee General. Liabil-ity.... $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 $1,000,000 each claim (claims Made) $1,000,000 Aggregate Company class Ratings are: Hartford Insurance - A+ Mercury Insurance = A+ If requested,. a Certificate of Insurance will be issued at no additional charge.. Prepared by: Gordon ricken President /Mmb 4 r 1. GORDON BRICKEN & ASSOCIATES ACOUSTICAL and ENERGY ENGINEERS PROJECT CONTRACT AGREEMENT FOR $ZRVICES 06/276 This agreement is between THE CITY OF PALM DESERT and Gordon Bricken and Associates, Inc., for the project known as SOUTH BEACH NIGHTCLUB AND ORDINANCE REVISION. 2. _WRVICE Gordon Bricken and Associates, Inc., will provide the services outlined in Proposal 06/278. The fee will be $5,400 for Part 1, and $2,700 for Part 2. 4. REIMBURSABLE EXPENSES Any charges for special delivery or insurance vouchers. 5. 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, Caffamia 92705-8518 Phan (714) 635-0249 FAX (71 4) 835-1957 5 06/278 The firm'will provide a Certificate of Insurance upon request. 6. FINAL PRODUCT Two copies of the report shall be made available to the client. No additional service.of reports i-s included. Delivery is by standard U.S. Mail.. Special mailing services such as UPS, Federal Express, Priority Mail,,etc., are not included. 7. ggMWT PROVI S IONS Payment is due and payable on a net 30 day basis. interest at Ilk 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. 2006. Client C Zrilp s /, el/.e 9 -4 Name .(Print) Title Telephone AuthorizatjO� signature Gordon .9f'icken, President Approved for Gordon Bricken and Associates, Inc. 6 CITY Of PLffl DESEPT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-0611 FAX: 760 341-7098 info@palm-deserc.org NOTICE TO PROCEED April 18, 2006 CONTRACTOR: Gordon Bricken & Associates 1621 East Seventeenth Street, Suite K Santa Ana, CA 92705-8518 PROJECT NAME: South Beach Acoustical Engineering Services CONTRACT NO.: N/A You are hereby notified to commence work on April 18. 2006. Work shall be completed as specified in the attached proposal and agreement. HOMER ACM FOR DEVELO RVICES CITY OF PALM DES T P NT SE ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by: (Print Name): this day of April, 2006. SIGNATURE: TITLE: ) PUNTED DO YEn(110 PA71r G:\DevServiceslMartin AlvareztWord Files\Gordon Bricken1NOTICE TO PROCEED.doc