REPORT TO COUNCIL
SUBJECT
Title
Action on Agreement for Services with Wilson, Ihrig & Associates for Noise Monitoring System and Services for the Levi’s Stadium
Report
COUNCIL PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium
BACKGROUND
On August 30, 2016, the City Council directed staff to establish a noise monitoring system for Levi’s Stadium and the San Francisco 49er’s training facility. The City solicited bids from acoustic engineers and after receiving three proposals, entered into an agreement on February 7, 2017 with the consulting firm of Wilson, Ihrig & Associates (WI) to provide noise monitoring services at Levi’s Stadium. WI provides monitoring and analysis related to acoustics, noise and vibration.
Per the terms of the 2017 contract, the consultant implemented a noise monitoring program that includes the installation of four noise monitoring stations and maintenance of a website (<https://seti-media.com/infopopulation/levis_stadium/>) that provides public access to the information collected at the monitors. The contract covers the ongoing cost to rent noise monitoring equipment from the consultant and maintenance of the website.
As part of the bidding process staff requested that the interested consultants propose the number and locations of monitors to install in the neighborhoods surrounding the stadium. Established residential neighborhoods are located to the south and east of the stadium and WI proposed installing two monitors in each neighborhood. The monitors are attached to existing utility poles which provide a power source. Two are located on Cheeney Street to the southeast of the stadium and two are located on either side of Hughes Elementary School the east of the stadium.
The contract with WI also included funding for the initial installation and ultimate removal of the noise monitoring equipment, as well as some funding for the preparation of reports or in-person monitoring. Using this funding, WI conducted noise in-person noise monitoring at two concerts in 2022 and provided a noise analysis report that was presented to the City Council at the February 7, 2023 City Council meeting.
Since 2017 the City Council has approved five Amendments to the original agreement with WI to add funding and time extensions. The City Council approved Amendment No. 5 to the Agreement with WI on March 8, 2022, extending the agreement until March 31, 2023 and provided direction to staff to conduct a new Request for Proposals (RFP) process to select professional services to continue noise monitoring of Stadium activities beyond that date.
2022 RFP Process
Pursuant to City Code Section 2.105.140(c), a formal Request for Proposals was conducted as the solicitation method for this procurement, with the final award recommendation based on “best value.” In September 2022, the City published the RFP for Noise Monitoring System and Services for the Levi’s Stadium on the City’s e-procurement system. Two responsive proposals were received from Hydro2Geotech LLC and WI. A three-member evaluation team with representation from the Community Development Department and the City Manager’s Office evaluated and scored the written proposals against the criteria and weights published in the RFP. The proposals were evaluated on experience, qualifications, proposed noise monitoring system, and fee schedule.
DISCUSSION
As the conclusion of the RFP process, staff recommends award of contract to Wilson, Ihrig & Associates as the most advantageous and best value proposal based upon the final evaluation scores. WI demonstrated significant experience with noise monitoring of events with amplified noise and crowds. In addition to Levi’s Stadium, WI has also conducted noise monitoring for the Chase Arena in San Francisco over a five-year period. WI also has numerous staff in-house that are experienced in noise monitoring and analysis. The experienced staff are local which allows them to be present for on-site, attended monitoring requests.
Proposed Contract Terms
The term of the proposed agreement is five years starting on April 1, 2023 and ending on March 31, 2028. The maximum compensation under the agreement is $296,000 over the five-year term, which includes $162,400 for rental of four monitoring equipment inclusive of maintenance and support, and $133,600 for monthly noise monitoring support and as-needed noise monitoring services.
Purchase vs. Rental
At the March 8, 2022 City Council meeting, some Councilmembers indicated interest in options that would allow for the purchase of noise monitoring equipment. Accordingly, the RFP issued by the City requested a purchase option in the proposal. However, neither Hydro2Geotech nor WI offered a purchase option for their proposed monitoring equipment. The monthly rate for equipment rental was $700 for Hydro2Geotech and $660 for WI. The consultants have communicated in the past that the providers of the most advanced monitoring equipment do not offer a purchase option. Also, the rental option allows for periodic upgrades as well as replacement if necessary. Therefore, staff recommends proceeding with the current practice of renting equipment which offers the City the benefit of receiving full maintenance and support over the term of the agreement. City staff will not have to visit a site to perform investigation or repair of equipment, and any equipment that is damaged or defective is replaced at no additional cost to the City.
Number of Monitors
Since their installation in 2017, data collected from the four monitors consistently shows that the sound levels are highest at the two monitors located closest to the stadium (e.g., the northernmost of the two monitors located on Cheeney Street and the monitor on Calle de Escuela to the west of Hughes Elementary School). The data collected at the other two locations therefore does not help to identify the areas of greatest potential impact within the neighborhoods. Under the terms of the proposed rental agreement, removing the monitoring stations on the 4900 block of Ave de los Arboles and the 4200 block of Cheeney Street would reduce the rental equipment cost by $79,200. WI has previously recommended that the City consider removing one or both of these other two monitors as they are less useful. This funding could then be used to pay for in person (attended) monitoring during concerts or other specific stadium events.
In the proposed WI agreement, the City has the option to add/remove monitoring equipment at any time to allow for better placement of the equipment to secure better information and/or respond to the City’s needs. The City could thus continue with four monitors and reevaluate the need for all four in the future, or reduce the number of monitors to two at this time and return to four in the future if that is determined to be beneficial.
Staff is however recommending that the City Council give direction at this time to reduce the number of monitors from four to two for two reasons. First, the monitors currently installed are in need of upgrade and it would reduce the costs of this upgrade if only two monitors are needed. Second, the discussion at the February 7 ,2023 City Council meeting suggests that it could be more beneficial to redirect the City‘s funds from the monitor rental costs to pay for additional in person monitoring and reporting.
Conclusion
Staff thus recommends the City Council approve the Agreement for Services with Wilson, Ihrig & Associates for Noise Monitoring System and Services for the Levi’s Stadium and direct staff to proceed with two fixed monitoring sites with additional funds to be used for attended monitoring of concerts.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or as a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
Funding for this service will be included in the proposed Stadium Authority Fiscal Year 2023/24 Operating Budget and appropriations will be subject to future appropriation of funds. The Stadium Authority budget is tentatively scheduled to be brought to the Stadium Authority Board at the March 7, 2023 meeting.
COORDINATION
This report has been coordinated with the Finance Department, City Attorney’s Office, and City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
ALTERNATIVES
1. Approve and authorize the City Manager’s Office, consistent with properly delegated authority or existing policy, to execute an agreement with Wilson Ihrig for Noise Monitoring System and Services for the Levi’s Stadium, including the use of two fixed monitoring sites, for a five year term starting on April 1, 2023 and ending on March 31, 2028 for a total maximum compensation amount not to exceed $296,000, subject to Santa Clara Stadium Authority appropriation of funds.
2. Authorize the City Manager’s Office, consistent with properly delegated authority or existing policy, to negotiate and execute an agreement with Wilson Ihrig for Noise Monitoring System and Services for the Levi’s Stadium, including the use of four fixed monitoring sites, for a five year term starting on April 1, 2023 and ending on March 31, 2028 for a total maximum compensation amount not to exceed $296,000, subject to Santa Clara Stadium Authority appropriation of funds.
RECOMMENDATION
Recommendation
Alternative 1:
Approve and authorize the City Manager’s Office, consistent with properly delegated authority or existing policy, to execute an agreement with Wilson Ihrig for Noise Monitoring System and Services for the Levi’s Stadium, including the use of two fixed monitoring sites, for a five year term starting on April 1, 2023 and ending on March 31, 2028 for a total maximum compensation amount not to exceed $296,000, subject to Santa Clara Stadium Authority appropriation of funds.
Staff
Reviewed by: Andrew Crabtree, Director, Community Development
Approved by: Office of the City Manager
ATTACHMENTS
1. Agreement with Wilson Ihrig