Service Solicited - 2022 - Big Sky Acoustics, LLC - Shooting Sports Park Environmental Noise Study PSA PROFESSIONAL SERVICES AGREEMENT
ENVIRONMENTAL NOISE STUDY
This Professional Services Agreement ("Agreement") is entered into this jgL(g__day of
APRIL,2022,by and between the City of Eagle, an Idaho municipal corporation("City")and BIG
SKY ACOUSTICS, LLC, a Montamla limited liability company ("Contractor"). The City and
Contractor are sometimes collectively referred to herein as the '`Parties."
RECITALS
WHEREAS,the City desires to contract for acoustical consulting services and site
specific environmental noise survey work for the Eagle shooting Sports Park;
WHEREAS,the City sought proposals from three (3) firms specializing in acoustical
consulting services and noise studies, and
WHEREAS, Contractor possesses the requisite qualifications, skills and the experience
necessary to provide prepare the survey and reports contemplated in this Agreement;
AGREEMENT
NOW THEREFORE, and in consideration of the mutual promises contained herein, the
Parties agree to the following:
1. Incorporation of recitals: The above Recitals are a material part of this
Agreement and are incorporated into the Services of this Agreement by reference as though they
were fully set forth herein.
2. Services: The Contractor and/or its subcontractors shall prepare a site report which
includes the deliverables identified in Exhibit A attached hereto and incorporated herein.
3. Ownership and Intellectual Property: All materials produced for the City by
Contractor under this Agreement shall become the property of the City except Contractor shall
retain sole ownership of any know-how,software,source code,tools and methodologies developed
by Contractor(hereinafter"work Product"). Contractor hereby grants to City a royalty-free, non-
exclusive, worldwide, perpetual, frilly transferable license to use, reproduce or create derivative
works of the Work Product.
4. Compensation: The Contractor shall be paid for its services in an amount not to
exceed fourteen thousand nine hundred sixty-eight dollars and fifty-nine cents ($14,968.59) as
identified in Exhibit B for each phase of work performed.
5. Additional expenses: Unless identified in Exhibit B, usual and customary office
expenses, shall not be considered for reimbursement to the Contractor. However, should other
services be needed by the contractor prior written approval must be obtained by the City, for said
expenses to be available for reimbursement.
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6. Equipment, materials, supplies: Contractor shall supply, all equipment, tools,
materials, and/or supplies to accomplish the services to be provided under this Agreement, with
the exception of the sound level meter rental and the various caliber firearms and ammunition of
the live-fire noise study. The firearms and ammunition will be provided and coordinated by the
City of Eagle.
7. Payment: The Contractor shall submit an invoice for payment to Eagle City Hall,
P.O Box 1520,Eagle, Idaho 83616. Payment of Contractor's invoice cannot be made until a copy
of Contractor's W-9 is provided to the City. Payment shall be made within thirty (30) days of
receipt invoice. Should the 30th day fall on a weekend, the payment shall be due the following
Monday. An additional charge of 1.5%per month shall accrue per month of unpaid balance.
8. Taxes: The Contractor assumes full and sole responsibility for payment of state
and federal income tax, withholdings, social security, and other payroll taxes on any income
attributable to the Contractor arising from compensation provided under this Agreement. As such
the contractor shall be required to submit a completed W-9 prior to payment of its invoice.
9. Independent contractor: At all times during the term of this Agreement,
Contractor shall be an independent contractor and shall not be an employee of the City. City shall
have the right to control Contractor only insofar as the results of Contractor's services rendered
pursuant to this Agreement. City shall not have the right to control the means and methods by
which Contractor accomplishes services rendered hereunder. Contractor shall indemnify the City
against any liability arising out of an allegation or finding that Contractor is not an independent
contractor. Contractor is not entitled to employee benefit programs or any protection afforded
employees of the City of Eagle. Contractor is not prohibited from providing the same services for
other businesses at any time except times which would present a conflict in providing City services
under this Agreement. As a self-employed person, the Contractor will be solely responsible for
payment of all federal and state taxes, will not be an employee of the City for worker's
compensation or any other purposes, and will not have unemployment insurance benefits.
10. Contractor not agent: Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied,pursuant to this Agreement,to bind
City to any obligation whatsoever.
11. Nondiscrimination: Contractor agrees not to discriminate against any person
because of race, color,religion, sex, national origin, age, disability or marital status in any activity
for which Contractor is providing services under this Agreement.
12. Indemnification By Contractor: Contractor agrees to indemnify and save and
hold harmless City from and for any and all losses, claims, actions, judgment for damages, or
injury to persons or property and losses and expenses and other costs including litigation costs and
attorney's fees, arising out of, resulting from, or in connection with the performance of this
Agreement.
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13. Indemnification By City: To the extent permitted by law, City agrees to
indemnify and save and hold harmless Contractor from and for any and all losses, claims, actions,
judgment for damages, or injury to persons or property and losses and expenses and other costs
including litigation costs and attorney s fees,arising out of the gross negligence or reckless,willful
and wanton conduct of its employees in connection with the performance of this Agreement.
14. Notice: Communication between the Parties regarding day-to-day matters shall
occur via e-mail or telephone. For Clarification on or direction regarding day-to-day matters, the
point of contact for the City shall be the Director of Long Range Planning and Projects, Nichoel
Baird Spencer. All other notices required to be given by either of the Parties shall be in writing
and be deemed communicated when personally served, or mailed in the United States mail,
addressed as follows:
CITY OF EAGLE: CONTRACTOR:
Attn: City Clerk Big Sky Acoustics
660 East Civic Lane Attn: Sean Connolly
P.O. Box 1520 P.O. Box 27
Eagle, ID 83616 Helena, MT 59624
Phone: 208-939-0227 Phone: 406-457-0407
E-mail: E-mail: sean@bigskyacousties.com
15. Compliance with Laws: Each party shall comply with all applicable Federal, State
and local laws and regulations.
16. Assignment: This Agreement may not be assigned or delegated by either party
without prior written consent of the other party.
17. Attornev's Fees: The prevailing party in any claims or disputes arising out of this
Agreement shall be entitled to recover reasonable attorney's fees in addition to other relief which
a court of competent jurisdiction may award.
18. Entire Agreement: This Agreement constitutes the entire agreement between
the Parties relative to the subject matter hereof. Statements or representations of any kind not
embodied herein shall be of no force or effect. This Agreement may only be modified in writing.
19. Governing Law: This Agreement will be construed in accordance with the laws
of the State of Idaho.
20. Heirs and Assigns: This Agreement and the terms and conditions hereof shall
apply to and are binding upon the heirs, executors, administrators and assigns of the parties hereto.
21. Severability: If any part of this Agreement is held to be invalid or unenforceable,
such holding will not affect the validity or enforceability of any other part of this Agreement so
long as the remainder of the Agreement is reasonably capable of completion.
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22. Approval: The City and Contractor each acknowledge that this Agreement, even
though agreed upon by the City's representatives, is not binding upon the City until such time as
the Eagle City Council approves this Agreement and authorizes the Mayor to execute this
Agreement on behalf of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
CITY OF EAGLE: CONTRACTOR:
Jason Pierce, Mayor Sean Connolly, Member
Big Sky Acoustics, LLC
sA' EST:
, ��,
-�-
Tracy h. Os6orn, City Clerk
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EXHIBIT A
(Scope of Work)
PROJECT
It is the understanding of BSA,that the City of Eagle is planning a Shooting Sports Park on
approximately 80-acres, located 3.5 miles north of the City along Willow Creek Road. Currently
recreational shooting is occurring in the area, including on adjacent BLM land. The proposed Project will
provide a safe recreational shooting facility for area enthusiasts.
The site is in a natural basin, has been annexed into the City, and is zoned for a shooting range. Range
Design Services(RDS)has completed a conceptual site plan for the use of various caliber firearms,with
planned archery,range, shotgun, and law enforcement areas. It is anticipated that the shooting sports park
will be fenced and gated with a manned entry kiosk,and open 7 days a week from 8:00 a.m.to dusk,
except during seasonal and wildlife closures.
Rural residences are located south of the site, with three homes located within 0.5-mile, and
approximately 30 residences located within 1.5-miles of the site. The City has initiated the public process
resulting in positive support of the facility, but noise,transportation and wildlife concerns were noted for
further study. For this Project,the City of Eagle would like to complete a live-fire noise study that
establishes both the existing ambient noise levels and evaluates various calibers of ammunition.
SCOPE OF WORK
BSA will travel from Helena to the site to observe the existing conditions and surrounding
residences/receptors,meet with City and RDS personnel,and conduct sound level measurements. BSA
requires the City to coordinate with RDS (or others)to provide and shoot various caliber firearms at the
proposed onsite range, shotgun, and law enforcement areas during the live-fire measurements.
BSA's measurements will document both the ambient and live-fire sound levels at the site and at the
closest residence south of the site. Sound level meters(SLMs)will be setup onsite and at the closest
residence for 24-hours to measure continuously and document the daytime and nighttime ambient
(background)conditions and gunshots. During the live-fire shooting, BSA will use a third SLM to
measure sound levels at various locations onsite,to determine the overall sound levels and frequency
spectra of the various caliber firearms. BSA's weather station will also be set up onsite,to determine the
influence of the meteorological conditions on the measured sound levels.
Sound levels will be measured according to the procedures outlined in ASTM E1014-12,Standard Guide
for Measuretuent of Outdoor A-weighted Sound Levels. BSA will use Larson Davis Model 831 Type I
SLMs with preamplifiers, 0.5-inch diameter microphones, and a CEL calibrator. The SLMs will be set to
"fast"response with windscreens over the microphones. BSA will continuously monitor the SLM during
the short-term sound level measurements, and the 24-hour SLMs will be locked and checked periodically
by BSA personnel.Note that to produce useful data, measurements will be scheduled during periods of no
precipitation and when wind speeds are predicted to be less than I 1 mph.
The SLMs will record the frequency spectra to help detennine the influence of individual sound sources,
such as aircraft, gunshots,vehicles, residential activities,dog barks, birds, etc.,on the measured levels.
The sound level measurements will determine ambient one-hour equivalent sound levels, Leq(h), for
comparison with the State of Idaho Outdoor Shooting Range regulations. To assess the shooting noise
levels, other metrics, including percentile sound levels(LI,L50,L90)and maximum noise levels(Lmax),
will also be recorded. To supplement the measured data, audio will be continuously recorded during the
measurements to help identify noise sources.
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Using the data obtained from the fieldwork, BSA will develop computer models to develop noise level
contours of the proposed Shooting Sports Park activities, and within 1.5 miles of the site. The measured
sound level data will be used to verify and calibrate the models, and the firearm spectra,topography,
proposed site layout, etc. will be input into the models. Calculations to predict the noise level contours of
the proposed equipment will be made according to the International Organization for Standardization
(ISO) Standard 9613-2,Attenuation of Sound during Propagation Outdoors, Part?: General Method of
Calculation. The predicted noise contours will be overlaid onto aerial photographs and included in the
report.
BSA will compare the predicted sound levels of the Shooting Sports Park with applicable Federal, State
of Idaho, and local noise regulations and industry standards, and to the measured ambient sound levels at
the nearby residences and other identified receptors(e.g., schools, daycare centers, churches,wildlife
areas, etc.). If exceedances are predicted, BSA will evaluate noise mitigation options for the proposed
Shooting Sports Park. Recommendations may include berms, barriers, covered shooting areas, site layout
and orientation options, restricted hours of operation, seasonal closures,etc.
BSA will summarize the results of the Environmental Noise Study in draft and final versions of a written
report. The reports will include the study methods, field data, measured sound levels, noise level
guidelines, modeling and contouring results, recommended noise control measures, etc., and figures and
details as required for clarity. The City will hire and coordinate with another reputable acoustical
consulting firm to provide third-party verification,review and comment on BSA's draft analysis. BSA
will incorporate the comments into a final version of the report.
TIMELINE FOR COMPLETION
BSA is excited to complete this Project for the City of Eagle and will complete the Scope of Work as
efficiently and proficiently as possible, in order to meet or exceed the City's expectations. Based on
BSA's current workload and schedule,milestone dates for this Project are presented in the following
table.
City of Eagle Shooting Sports Park
Environmental Noise Study
Anticipated Schedule-2022
Activity Date
Award date April 26
Notice to Proceed and contract completion April 27-29
Project and fieldwork coordination May 2-June U
Fieldwork and sound level measurements(weather dependent) June 10-12
Data analysis and modeling June U-24
Environmental Noise Study Report(draft) June 27-July 8
Third party verification, review and comments July 11-15
Environmental Noise Study Report(final) July 18-22
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EXHIBIT B
(Project Cost)
COST ESTIMATE
Environmental Noise Study
PROJECT: City of Eagle Shooting Sports Nark DATE:
I Hours Rate I Extension
Acoustical Engineer 43.5 S 184.00 1 $ 8,004.00
Sr. Environmental Scientist 37.5 S 145.00 $ 5,437.50
I
TOTAL HOURS1 81.0
LABOR SUBTOTAL $ 13,441.50
TOTAL LABOR $ 13,441.50
DIREC7T EXPENSES
Miscellaneous $ -
Vehicle Rental I Days 1 0 Per Day 1 $ - $
Airfare Actual cost 0 Total $ - $ -
hlileage 1 Miles 1 1.154 Per Mile $ 0.585 S 675.09
Lodging Days 1 2 Total $ 120.00 S 240.00
Meals Days I 3 Total $ 54.00 1 S 162.00
Sound Level Meter fee Each 1 31 Per Day $ 150.00 1 S 450.00
T L DIRECT NONLABOR $ 1, 2 ,09
RE fl I ULATION
Total Laborl $ 1 :441.50
Total Expenses[ $ 1,527.09
TOTAL NO-f-To-LxCEED Cubrii 14,968,59
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