HomeMy WebLinkAbout2004-029ORDINANCE NO. 2004--O2
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
A PROFESSIONAL SERVICES AGREEMENT WITH ALAN PLUMMER ASSOCIATES, INC.
TO PERFORM AN ODOR SURVEY AND AIR DISPERSION MODELING OF CITY OWNED
FACILITIES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE AND
PROVIDING AN EFFECTIVE DATE (RFP 3117—IN AN AMOUNT NOT TO EXCEED
$116,330).
WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager is hereby authorized to enter into a professional service
contract with Alan Plummer Associates, Inc. to perform an odor survey and air dispersion modeling
of City owned facilities, a copy of which is attached hereto and incorporated by reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the Aa� day of 2004.
L Gth2 44-
EULINE BROCK MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPIaVED AlTO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: '
3-ORD-RFP 3117
STATE OF TEXAS
COUNTY OF DENTON
PROFESSIONAL SERVICES AGREEMENT
FOR ENGINEERING SERVICES RELATED TO ODOR EVALUATION
THIS AGREEMENT is made and entered into as of the < Y , day of ,
2004, by and between the City of Denton, Texas, a Texas Municipal Corporation, with its prin pal
offices at 215 East McKinney Street, Denton, Texas 76201 (hereinafter "OWNER"); and Alan
Plummer Associates, Inc., a Corporation, with its corporate offices at 7524 Mosier View Court,
Suite 200, Fort Worth, Texas 76118 (hereinafter "CONSULTANT"); the parties acting herein by
and through their respective duly -authorized representatives and officers.
WITNESSETH, that in consideration of the mutual promises, covenants, agreements herein
contained, and in consideration of the premises, the parties hereto do mutually AGREE as follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the
CONSULTANT hereby agrees to perform the services herein in connection with the Project as
stated in the Articles to follow, with diligence and in accordance with the professional standards
customarily obtained for such services in the State of Texas. The professional services set forth
herein are in connection with the following described project (the "Project"):
Providing professional engineering services pertaining to the odor control in the landfill, and the
wastewater treatment and collection system of the OWNER. This includes off -site odor
assessment; on -site emissions measurement; dispersion modeling and evaluation of a ltematives;
and the preparation of an odor abatement master plan report.
ARTICLE. Ii
SCOPE OF SERVICES
The CONSULTANT shall perform the following Basic Services in a professional manner:
A. To perform those services as are set forth in the Scope of Services consisting of five (5) total
pages and marked as Exhibit "A" ("Engineering Services Related to Odor
Evaluation/Proposed Scope of Work"), and as described in the "Odor Abatement
Evaluation/Engineering Services Budget Summary" consisting of five (5) total pages and
marked as Exhibit `B"; both of which Exhibits are attached hereto, and the same are
incorporated herewith by reference.
B. If there is any conflict that arises between the terms of this Agreement and any or all of the
Exhibits referenced in II.A. hereinabove, then the terms and conditions of the attached
Exhibits shall control over the terms and conditions of this Agreement.
Page 1 of 10
ARTICLE III
ADDITIONAL SERVICES
Any Additional Services to be performed by CONSULTANT, if authorized by the OWNER,
which are not included as Basic Services in the above -described Scope of Services, set forth in
Article II above, shall be later agreed -upon by OWNER and CONSULTANT, who shall determine,
in writing, the scope of such Additional Services, the amount of compensation for such Additional
Services, and other essential terms pertaining to the provision of such Additional Services by the
CONSULTANT.
ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution by the OWNER and the
CONSULTANT, and upon the issuance of a notice to proceed by the OWNER, and shall remain in
force and effect for the period that may reasonably be required for the completion of the Project,
including Additional Services, if any, and any required extensions approved by the OWNER. This
Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the
essence in the performance and completion of this Agreement. CONSULTANT shall make all
reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet
the schedule(s) reasonably established by the OWNER, acting through its City Manager, its
Assistant City Manager for Utilities, or his designee.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
1. "Subcontract Expense" is defined as those expenses, if any, incurred by
CONSULTANT in the employment of others in outside firms (subject to a 10% mark-up) for
services in the area of professional engineering, or related services, and as provided in the
Scope of Services. Any subcontractor or sub -consultant billing reasonably incurred by the
CONSULTANT in furtherance and connection with the Project and in accordance with
Exhibit `B" hereto shall be invoiced to OWNER.
2. "Direct Non -Labor Expense" is defined as that expense, based upon actual cost,
for any out-of-pocket expense reasonably incurred by the CONSULTANT in the
performance of this Agreement (subject to a 10% mark-up) for telecommunications
charges, laboratory analyses, shipping, delivery charges, postage, disposables, reproduction
expense, employee mileage, reasonable in-house reproduction expense, and any other out-
of-pocket expenses directly related to the work on the Project.
B. BILLING AND PAYMENT:
For and in consideration of the professional services to be performed by CONSULTANT
herein, OWNER agrees to pay CONSULTANT, based upon the satisfactory completion of
the Basic Services tasks set forth in the Scope of Services as shown in Article II above; as
follows:
Page 2 of 10
1. CONSULTANT shall perform its work on this Project in accordance with the
provisions of those tasks that are described and as set forth in the "Proposed Scope of
Services" contained in Exhibit "A" attached hereto and incorporated herewith by reference.
CONSULTANT shall bill on a once -monthly basis in accordance with the provisions of the
hourly billing rates, as applicable, and as otherwise provided in Exhibit "A" ("Proposed
Scope of Work") and Exhibit "B" ("Odor Abatement Evaluation/Engineering Services
Budget Summary"). For and in consideration of the professional services to be performed by
CONSULTANT herein, the OWNER agrees to pay, in accordance with Exhibits "A" and
"B" hereto, which are incorporated herewith by reference, a total fee, including
reimbursement for direct non -labor expenses and for its subcontractor expenses, an amount
not to exceed $116,330.
2. Partial payments to the CONSULTANT shall be made monthly in accordance
with t he s tatements r eflecting t he a ctual c ompletion o f t he Basic Services, rendered to an
approved by the OWNER through its City Manager, or its Assistant City Manager for
Utilities, or his designee. However, under no circumstances shall any monthly statement for
services exceed the value of the work performed at the time a statement is rendered.
OWNER and CONSULTANT agree that the OWNER may withhold the final ten (10%)
percent of the above not -to -exceed amount until satisfactory completion of the Project by the
CONSULTANT.
3. Nothing contained in this Article shall require the OWNER to pay for any work
that is not submitted in compliance with the terms of this Agreement. OWNER shall not be
required to make any payments to CONSULTANT at any time when CONSULTANT is in
default under this Agreement.
4. It is specifically understood and agreed that the CONSULTANT shall not be
authorized to undertake any work pursuant to this Agreement which would require additional
payments by the OWNER for any charge, expense or reimbursement above the not -to -exceed
amount as stated hereinabove, without first having obtained the prior written authorization of
the OWNER. CONSULTANT shall not proceed to perform any services to be later provided
for under Article III. "Additional Services" without first obtaining prior written authorization
from the OWNER.
C. ADDITIONAL SERVICES: For Additional Services authorized in writing by the
OWNER in Article III. hereinabove, CONSULTANT shall be paid based on a to -be -agreed -
upon Schedule of Charges. Payments for Additional Services shall be due and payable upon
submission by the CONSULTANT, and shall be paid in accordance with Article V.B.
hereinabove. Statements for Basic Services and any Additional Services shall be submitted
to OWNER no more frequently than once monthly.
D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for
services and expenses within thirty (30) days after receipt of the CONSULTANT's
undisputed statement thereof, the amounts due the CONSULTANT will be increased by the
rate of one percent (1%) per month from and after the said thirtieth (30th) day, and in
addition, thereafter, the CONSULTANT may, after giving ten (10) days written notice to the
OWNER, suspend services under this Agreement until the CONSULTANT has been paid in
Page 3 of 10
full for all amounts then due and owing, and not disputed by OWNER, for services, expenses
and charges. Provided, however, nothing herein shall require the OWNER to pay the late
charge of one percent (1%) per month as set forth herein, if the OWNER reasonably
determines that the CONSULTANT's work is not submitted in accordance with the terms of
this Agreement, or is unsatisfactory, in accordance with Article V.B. of this Agreement, and
OWNER has promptly notified CONSULTANT of that fact in writing.
ARTICLE. VT
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the OWNER any defects or deficiencies in the work of CONSULTANT or
any of its subcontractors or sub -consultants.
ARTICLE VTT
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT pursuant to this Agreement are
instruments of service and shall become the property of the OWNER upon the termination of this
Agreement. The CONSULTANT is entitled to retain copies of all such documents. The
documents prepared and fiunished by the CONSULTANT are intended only to be applicable to this
project and OWNER's use of these documents in other projects shall be at OWNER's sole risk and
expense. In the event the OWNER uses the Agreement in another project or for other purposes
than specified herein any of the information or materials developed pursuant to this Agreement,
CONSULTANT is released from any and all liability relating to their use in that project.
ARTICLE VTTT
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as an
employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status.
ARTICLE TX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officials, officers, agents, attorneys and employees from and against any and all liability, claims,
demands, damages, losses and expenses, including but not limited to court costs and reasonable
attorney fees incurred by the OWNER; and including without limitation damages for bodily and
personal injury, death, or property damage, resulting from the negligent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution,
operation, or performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not a
party to this Agreement and nothing herein shall waive any of the party s defenses, both at law or
equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved.
Page 4 of 10
During the performance of the Services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in the State of
Texas by the State Insurance Board or any successor agency, that has a rating with A. M. Best Rate
Carriers of at least an "A-" or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
$1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with
property damage limits of not less than $100,000 for each occurrence and not less than
$100,000 in the aggregate.
B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each
person and not less than $500,000 for each accident and with property damage limits for not
less than $100,000 for each accident.
C. Worker's Compensation Insurance in accordance with statutory requirements, and
Employer's Liability Insurance with limits of not less than $100,000 for each accident.
D. Professional Liability Insurance or appropriate Errors & Omissions Insurance with limits of
not less than $1,000,000 annual aggregate.
E. CONSULTANT shall furnish insurance certificates to the OWNER at the time of execution
of this Agreement to evidence such coverages. The insurance policies shall name the
OWNER as an additional insured on all such policies to the extent that is legally possible,
and shall contain a provision that such insurance shall not be cancelled or modified without
thirty (30) days prior written notice to OWNER and CONSULTANT. In such event, the
CONSULTANT shall, prior to the effective date of the change or cancellation of coverage,
deliver replacement certificates of insurance of any such substitute policies, famishing at least
the same policy limits and coverage, to OWNER.
ARTICLE XT
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties will make efforts to settle any disputes arising under this Agreement by
submitting the dispute to arbitration or other means of alternate dispute resolution such as
mediation. However, no arbitration or other form of alternate dispute resolution arising out of, or
relating to this Agreement involving one party's disagreement may include the other party to the
disagreement without the other's approval.
ARTTCT.E X11
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by providing thirty (30) days advance written notice to the other party.
Page 5 of 10
B. This Agreement may alternatively be terminated in whole or in part in the event of either
party substantially failing to fulfill its obligations under this Agreement. No such termination
will be effected unless the other party is given (1) written notice (delivered by certified mail,
return receipt requested) of intent to terminate and setting forth the reasons specifying the
nonperformance or other reason(s), and not less than thirty (30) calendar days to cure the
failure; and (2) an opportunity for consultation with the terminating party prior to termination.
C. If the Agreement is terminated prior to completion of the services to be provided hereunder,
CONSULTANT shall immediately cease all services upon receipt of the written notice of
termination from OWNER, and shall render a final bill for services to the OWNER within
twenty (20) days after the date of termination. The OWNER shall pay CONSULTANT for
all s ervices p roperly r endered and s atisfactorily p erformed, and for reimbursable expenses
prior to notice of termination being received by CONSULTANT, in accordance with Article
V. of this Agreement. Should the OWNER subsequently contract with a new consultant for
the continuation of services on the Project, CONSULTANT shall cooperate in providing
information to the OWNER and to the new consultant. If applicable, OWNER shall allow
CONSULTANT a reasonable time to transition and to turn over the Project to a new
consultant. CONSULTANT shall turn over all documents prepared or famished by
CONSULTANT pursuant to this Agreement to the OWNER on or before the date of
termination, but may maintain copies of such documents for its files.
ARTTCT.E. XTTT
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute nor be deemed a release of the
responsibility and liability of the CONSULTANT, its officers, employees, or agents, for the
accuracy and competency of their work performed pursuant to this Agreement; nor shall such
approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for
any defect in the work prepared by the CONSULTANT, its principals, officers, employees, and
agents.
ARTICLE XTV
NOTICES
All notices, communications, and reports required or permitted under this Agreement shall be
personally delivered to; or telecopied to; or mailed to the respective parties by depositing same in
the United States mail at the addresses shown below, postage prepaid, certified mail, return receipt
requested, unless otherwise specified herein.
To CONSULTANT:
Alan Plummer Associates, Inc.
A. Lee Head, III, P.E.
7524 Mosier View Court, Suite 200
Fort Worth, Texas 76118
Fax: (817 589-0072)
To OWNER:
City of Denton, Texas
City Manager
215 East McKinney Street
Denton, Texas 76201
Fax: (940) 349-8596
Page 6 of 10
All notices under this Agreement shall be effective upon their actual receipt by the party to
whom such notice is given, or three (3) days after mailing of the notice, whichever event shall first
occur.
This Agreement consisting of ten (10) pages and two (2) Exhibits constitutes the complete
and final expression of the Agreement of the parties and is intended as a complete and exclusive
statement of the terms of their agreements, and supersedes all prior contemporaneous offers,
promises, representations, negotiations, discussions, communications, understandings, and
agreements which may have been made in connection with the subject matter of this Agreement.
ARTICLE XVI
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to
be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement,
and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall
reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a
valid and enforceable provision which comes as close as possible to expressing the original
intentions of the parties respecting any such stricken provision.
ARTICLE XVII
COMPLIANCE WITH LAWS
CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and
ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read
or as they may hereafter be amended.
ARTICLE XVIII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, CONSULTANT shall not discriminate against
any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
handicap.
KNOW 401907►7
• ►h
A. CONSULTANT represents that it has or will secure at its own expense all personnel required
to perform all the services required under this Agreement. Such personnel shall not be
employees or officers of, nor have any contractual relations with the OWNER.
CONSULTANT shall immediately inform the OWNER in writing of any conflict of interest
or potential conflict of interest that CONSULTANT may discover, or which may arise during
the term of this Agreement.
Page 7 of 10
B. OWNER requires that CONSULTANT carefully safeguard any documents, data, and
information provided by OWNER to CONSULTANT incident to this engagement.
C. All services required hereunder will be performed by CONSULTANT or under its direct
supervision. All personnel engaged in performing the work provided for in this Agreement,
shall be qualified, and shall be authorized and permitted under applicable state and local laws
to perform such services.
ARTICLE. XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any
interest in this Agreement (whether by assignment, novation or otherwise) without the prior written
consent of the OWNER. CONSULTANT shall promptly notify OWNER, in writing, of any
change of its name as well as of any material change in its corporate structure, its location, and/or in
its operations.
ARTICLE. XXT
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, limitation herein
contained shall be valid unless in writing and duly executed by the party to be charged therewith.
No evidence of any waiver or modification shall be offered or received in evidence in any
proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed.
The parties further agree that the provisions of this Article will not be waived unless as herein set
forth.
ARTICLE XXTT
MISCELLANEOUS
A. The following exhibits are attached to, incorporated herewith by reference, and are made a
part of this Agreement for all purposes pertinent:
Exhibit "A" Engineering Services Related to Odor Evaluation — Proposed Scope of Work
Exhibit `B" Odor Abatement Evaluation — Engineering Services Budget Summary
B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the
final payment made by OWNER under this Agreement, have access to and the right to
examine any directly pertinent books, documents, papers and records of the CONSULTANT
involving transactions relating to this Agreement. CONSULTANT agrees that OWNER
shall have access during normal working hours to all necessary CONSULTANT facilities and
shall be provided adequate and appropriate working space in order to conduct examinations
or audits in compliance with this Article. OWNER shall give CONSULTANT reasonable
advance notice of all intended examinations or audits.
Page 8 of 10
C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas.
D. CONSULTANT shall commence, carry on, and complete its work on the Project with all
applicable dispatch, and in a sound, economical, efficient manner, and in accordance with the
provisions hereof. In accomplishing the Project, CONSULTANT shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with related work being
carried on by the OWNER.
E. For purposes of this Agreement, the parties agree that the Project Principal shall be, Mark
Perkins, P.E., Principal. The key person who will perform most of the work will include,
Betty Jordan, P.E., Project Manager. This Agreement has been entered into with the
understanding, expectation, and the OWNER'S reliance, that the above -stated employees of
CONSULTANT shall perform and supervise all or a significant portion of the work on the
Project. Any proposed changes regarding the change of the Project Manager or other key
personnel, requested by CONSULTANT, respecting one or more of the above -stated
employees, shall be subject to the approval of OWNER, which approval the OWNER shall
not unreasonably withhold. Nothing herein shall limit CONSULTANT from using other
qualified and competent members of its firm to perform the other incidental services required
herein, under its supervision or control.
F. The OWNER shall assist and fully cooperate with CONSULTANT by placing at the
CONSULTANT's disposal all available information pertinent to the Project, including
previous reports, any other data relative to the Project and arranging for the access to, and
make all provisions for the CONSULTANT to enter in or upon, public and private property
as required for the CONSULTANT to perform professional services under this Agreement.
OWNER and CONSULTANT agree that CONSULTANT is entitled to rely upon
background information famished to it by OWNER without the need for further inquiry or
investigation into such information.
G. The captions of this Agreement are for informational purposes only and shall not in any way
affect the substantive terms or conditions of this Agreement.
IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four
(4) original counterparts, by and through its duly authorized City Manager; and CONSULTANT
has� executed this A e ent by and through its duly authorized undersigned officer, on this the
�
� d_ day of G 6UL41.— 2004.
"OWNER"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By:
Michael A. Conduff, City ger
Page 9 of 10
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By 1g] A
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"CONSULTANT"
ALAN PLUMMER ASSOCIATES, INC.
A Corporation
By: 4 L
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ATTEST:
By: 400
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S:\Our Documents\Contracts\04\ Jan Plummer Associate -Odor Evaluation-PSA-2004.doc
Page 10 of 10
EXHIBIT "A"
CITY OF DENTON, TEXAS
ENGINEERING SERVICES RELATED TO ODOR EVALUATION
PROPOSED SCOPE OF WORK
TASK I - OFF -SITE ODOR ASSESSMENT
PHASE I - DEVELOP BASELINE MAPPING
(1) Identify the odor receptor locations to be assessed by this PROJECT. The CITY
and the ENGINEER will select up to six (6) off -site receptor locations to be
evaluated. These receptors may include nearby school, hospital, retail, or
institutional facilities;
(2) Define the boundaries of the geographical area ("PROJECT Area") within which
major odor sources are located. The PROJECT Area will be based on
considerations of the distance and the predominant directions that odor may travel
from probable odor sources. It is anticipated that the PROJECT Area will be
within a radius of two (2) miles from the City's Treatment Plant, Landfill, and
Composting Facilities;
(3) Identify City facilities that may generate odor. This task will involve windshield
surveys of the PROJECT Area as well as reviewing specific information.
Information to be gathered and reviewed includes activities such as:
(a) Solid waste landfill operations;
(b) Composting operations;
(c) Wastewater interceptors, lift stations, and treatment units;
(4) Prepare a map using the most recently -available aerial photos to be obtained from
the City as a base map; and
(5) Prepare for and participate in a meeting to present the information developed and to
obtain input. The information developed will serve as a basis for subsequent
phases of work. CITY personnel will organize and convene PROJECT Committee.
PHASE II - PERFORM ODOR SURVEYS AND DATA COLLECTION
(1) Define odor characteristics to be measured in a data collection program. The odor
characteristics will probably include H2S and odor units as well as specific odor
causes generally associated with source operations located within the PROJECT
Area;
(2) Train individuals to be involved in the air sampling and testing program. The
training will be provided for up to ten people, plus two (2) of Engineer's personnel.
The training will be performed by the ENGINEER and a sub -consultant (St. Croix
Sensory, Inc) experienced in performing air sampling and testing and in providing
training to others. In addition to air sampling and testing, recording of sensory
observations will be discussed during the training. Quality control and quality
assurance procedures will also be defined;
(3) Assist C ity personnel and outside volunteers in performing the air s ampling and
testing program. The Odor Data Collection Program under TASK II will be
performed for a six (6) month period. Additional compensation will be required if
extensions of the program are desired by the CITY. The collection frequency may
be varied to reflect selected atmospheric conditions. The tasks will involve
defining specific air testing techniques. Personnel of the PROJECT participants
will perform the air sampling and local testing. The ENGINEER'S personnel will
be involved in performing up to four (4) days of sampling and testing unless
additional monitoring by ENGINEER personnel is requested by the CITY. A
qualified laboratory, to be selected by the CITY and the ENGINEER, will perform
air testing that requires special laboratory procedures during the PROJECT;
(4) Develop and utilize a data management system. The air sampling and testing data
gathered by the project will be loaded into the system. Additionally, relevant
climatological data (e.g., temperature, wind direction, wind speed, humidity,
rainfall, etc.) will be obtained from the Dallas/Fort Worth International Airport
weather station and, if data is determined to be reliable and relevant, possibly one
(1) additional station that collects data reflective of conditions within the PROJECT
Area will be loaded into the database;
(5) Summarize and present the data collected in a Technical Memorandum. This
memorandum will briefly discuss the information collected, but will not present
conclusions or recommendations regarding the findings;
(6) Make assessments of the probability that off -site sources identified in the
PROJECT contribute significantly to odors in the communities surrounding the
plant;
2
(7) Prepare a data report that presents the findings of the air sampling and testing
program and sensory observations. Results of an examination of the data relative to
the climatological conditions will be presented in the report. Ten (10) copies of the
draft report and fifteen (15) copies of the final report will be submitted to the
CITY; and
(8) Prepare for and participate in up to two (2) meetings with the City to present and
discuss the air sampling, testing data, and other information developed during
Phase II.
TASK II - ON -SITE EMISSIONS MEASUREMENT
Conduct reconnaissance visit to City's wastewater treatment, composting, and landfill facilities
to review facility layout, operational procedures and protocol, to review documented and
perceived odor events, and to gain information necessary to design testing program.
1. Prepare memorandum outlining testing program to be conducted at City's facility.
Memorandum will outline operating and atmospheric conditions under which field
tests will be conducted, proposed frequency and nature of tests to be conducted, as
well as specific responsibilities of City and Consultant personnel. Data collection
forms will be included in memorandum.
2. Conduct field-testing
a. Consultant personnel will prepare for and participate in up to six sampling
events at City facilities [two (2) persons per event] each event anticipated to
be four (4) hours or less in duration at City facilities. Depending on sampling
plan agreed upon with City, some events may be on same days; some may be
at night or on weekends.
b. It is anticipated that consultant personnel will measure ambient hydrogen
sulfide at fifteen (15) locations during each event; ammonia, methyl
mercaptans, ethyl mercaptans, and/or amines (using Draeger tubes) at up to
six (6) locations on each visit; and record observations of operational events
and atmospheric conditions. On four (4) Consultant site visits, samples will
be collected for analysis by an independent laboratory for testing for an array
of potential odorants. A total of up to sixteen (16) bag samples will be
collected and tested.
C. City personnel will record and provide wind direction and speed information
during each sampling event (whether by City or Consultant personnel), and
will conduct odor observations at times agreed to in the sampling plan.
Consultant will provide instruction and data recording forms for use by City
personnel.
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d. It is anticipated that field-testing will proceed for a twelve (12)-week
maximum period ending no later than April 30, 2004.
3. Summarize results of field surveys, analytical results, and field-testing. Consultant
will maintain a database of test results and will summarize results in a technical
memorandum.
TASK III - DISPERSION MODELING AND EVALUATION OF ALTERNATIVES
1. Using emissions information collected, Engineer will develop a dispersion model
for the City's facilities. The model will include long-term atmospheric data,
topographic data, and geometric information describing the major treatment units at
the plant. The intent of the model will be to predict and graphically present the
intensity and/or frequency of odorants at selected receptor locations around the
plant, and to assess and project the effectiveness of various control alternatives
considered.
2. Engineer will run dispersion model and provide results to the City for existing
conditions, and for up to four (4) proposed "control" scenarios, and to simulate the
affects of various odor control technologies to be evaluated.
3. Engineer will provide model output in PowerPoint-compatible graphic format for
use in presentations by City personnel.
a. Engineer will assess emissions measured, impacts on surrounding
neighborhoods, effectiveness of existing control technologies and other
factors, and will develop life -cycle cost projections for up to six (6) key odor
control alternatives to be considered by the City. It is anticipated that both
capital and operational improvements will be assessed.
4. Engineer will prepare and deliver five (5) copies of a technical memorandum
describing and interpreting model results. Model results showing the projected
effectiveness of various odor control technologies evaluated will be included, as
will the results of the life -cycle cost analysis of alternatives.
5. Engineer will meet with City personnel to discuss findings of this task prior to
preparing the master plan document described in Task IV, below.
TASK IV - PREPARE ODOR ABATEMENT MASTER PLAN REPORT
Engineer will compile information from Tasks I through III and will prepare a
"Master Plan" document describing recommended odor abatement improvements,
their relative priorities, and the projected capital and operating costs of each.
Engineer understands that the report will be used by the City for capital
improvement planning purposes. Five (5) copies of the draft report will be
!3
submitted for City review. Each major control alternative recommended will
include a brief listing of other successful applications (locations, size, years of
service) of the recommended technology.
2. Upon receipt of comments from City personnel, Engineer will address City
comments and will finalize Master Plan report. Ten (10) copies of the final report
will be delivered to the City.
3. Engineer will meet with City personnel (after completion of the draft or final
report, at the City's option), to review and discuss findings and recommendations
contained in the report.
SAOur Documents\Contracts\04WIan Plummer Associates -Odor Evaluation-2004-Scope.doc
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CITY OF DENTON, TEXAS
ODOR ABATEMENT EVALUATION
OFFSITE ODOR ASSESSMENT
03-335
Level 2 iPh... )No... Description
Principal
Sr. Prot MBr
M01g Spclst
Prol EnBr Technician
Clerical
QC
Total Labor
Percent of
Hours
Feel$$$)
Level 3(Task)No. and OescheWon
(bra)
(ha)
(h.)
(hrs) I (h.)
(hre)
Mrs)
Total Fee
OFF -SITE ODOR ASSESSMENT
32
66
0
128 ( 88
18
8
338
iS 35,820
I
100.0%
A Oevelep Bawling mapping
a
11 0 14 18
0
0
47
$ 5,1Ba
14.5%
1 lobntly e rewpas /dafln_
2
2 2 I- 2
8
I$ ON2.8%
2 Daflne ao(ecf
2 _..�._,._._,..�.__.Z
0
,
-
6
: 782
2.2%
B Pennrm (lost survey. S cars Collection
PM ADMINISTRATIVEIOC TASKS
26 42 _ 0 _ . 114 72 _.. _16 . _-0 _I 270 I $ 27,702
0 13 0 0 0 0 9 I 19 $ 2.935
Total Labor Hours
32
66
0
128
86
16
6
336
Total Labor Amount
I$
35,820
100.0%
Labor Rates per Hour
$180
$145
$131
§90
$78
$06
$175
Total Amounts by Labor Category
$ 5,T60
$ 9,510 $
- $ 11,520 S
6,864 $
1,056 $
1,050
$
35,820
Labor Category Permnt of Total Labor
16.1%
26.7%
0.0%
323% 1
10.2%
2.0%
2.9%
100.0%
TOTAL EXPENSES (see breakdown beh,
Total Subconsultants
f
11,000
Total Reimbursable.
S
5.]86
Al IPMNR111 TANT FYPFMRFS
Code
Description
Budget($$)I
Markup
Fee IS$$)
CA
Architect Consultant
E
1.10
$
CC
CE
Civil E pr Consultant
.....- ---
Electrical Cons gam
_
E "--
8
___.. 110
110
$ -
....
$ -
CG
Geolachnical COnaulmnl
$
110
$ -
CM
Mechanical Consultant
E
110
$ -
CO
CS
Omer Cons llant(StC.
Slruchrral Consultant
E 10 OOOI
8 -
110
1.10
$ 11000
$
CY
Surveying Consultant
_
$
1.10
$
CZ
Unallocated Fee
$
100
$
G2
_
$
8
1.10
1.10
$
$
1C1
_
C3
._.__..-.__..-...—_.__...-_..-.-.___-...-
._._.=
E
1,10
$
C4
1.10
$
C5
_ —{I_$
I
_
I$ -i
1.10
$
TOTAL SUBCONSULTANT EXPENSE$
$ 10,0001
$ 11,000
REIMBURSABLE EXPENSES
Cod.
Description
Budget 45)1
Markup
Fee($$$)
RA
Laboratory Anal sls
$_ 3.900
1.10
$ 4.20
RC
RH
ftl
C mp ter
Historical
IrtHause Reproduction
$
E
E 150
110
110
110
$
$
$ 186
RL
Long Dtance Trispinons
E
110
$
RM
_RO
E pl Yee MII ag
Omer Expenses _ ...... _
§ 430
-8-... _, .....3_0
110
_ 1_10
$ _473
$ 33
RP
Purchased Services
E
IAO
$
RR
Reproduction
is ISO
1.10
$ 1B5
..-. RS
RT
SM1ipping,., Delivery, Postage
Travel, Meals, LodglrN
§... ... ....
$
........_ 1.10
E_______
RU
TeleCommunica50us
$ NO
1.101
$ 610
R1
§ -
1.1o;
$
R2
TOTAL REIMBURSABLE EXPENSES
$ 6.269
Is S,796
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CITY OF DENTON, TEXAS
ODOR ABATEMENT EVALUATION
MODELING & ALTERNATIVE EVALUATION
03-335
Level 2(Phase) No, and Description
Principal
Sr. Pmj Mgr I Mtllg Spclst
Pmj Engr
Technician
Clerical
CC
Total
Labor
Percent of
Hours
Fes($$$)
Lsvel3fTdak)NO.arWDeso/1p0o0
(hrs)
(hrs) I (h.)
)hrs)
(I
(hrs) (hral
Total Fee
MODELING & ALTERNATIVE EVALUATION
14
39 54
92
12
12
4
227
$ 26,957
100.0%
A MODELING S ALTERNATIVE EVALUATION
14
30 54 92 12 _
12
0
214
23,952
923%
1 De/sat up al
velop Nspemlon motl
4
fi 12 40
fit
IS
$ 6,]fi2
2fi.1%
2 Run 4 COMrd awnerba
...... ____ ..........
2
0 8 L
38
Is 4,176
16.1%
3 Assesa lmpesl4/mats ._.-_
.-...._4
_8,-.-.- 1 4 28
42
$ 4,634
179%
4 Technlcelrw rdum
4
5 24
12
..__
12
- -
— 56
�$ 5,482
24.9%
5 Csortllnation Meath D
6 B
14
$ 1.915
7.4%
PM ADMINISTRATIVEIOC TASKS
0
9 0 0 0
0
4
13
S 2,005
7.7%
1 Quality Control
�—
—4 4-1--
4
4
_. 2. _.. Prgscl Manawmenl
I
T�
v r
-
9
.$ 1.305
50%
Total Labor Hours
14
39
1 54
92
12
12
4
227
Total Labor Amount
I
I
I
I
1
1$ 25,957
100.0%
Labor Rates per Hour
$150
$145
$131
f90
$79
$65
$175
Total Amounts by Labor Category
$ 2.520
f 5.655
$ 7,074 $
5,260
S 936
$ 792
1
$ 700
$ 25,957
Labor Cate2a Percent of Total Labor
9.7%
21.5%
27.3% 1
31.9%
3.6%
3.1%
2.7%
100.0%
TOTAL EYPENSES tsee breakdown below)
Total Subconsultants
$
Total Relmbursables
$ 739
Total Expenses
$ 739
GRAND TOTAL- MODELING S ALTERNATIVE EVALUATION
$ 26,696
SUBCONSULTANT EXPENSES
RFIMRIIRAARI F FYPFNSFS
Code
Description
Budget ($$)I
Markup
I Fee($$$)
CA
GC
Architteot Consultant
Civil Elgr Consultant
�$ -
1.10
$ -
CE
Electrical Consultant
$
1.10
$
CG
Geotechnical Consultant
$
1.10
$
CM
CO
Mechanical Consultant •__•____.........._
Other Consullant
!$
$
1.10
_....__
1.10
$
_................_...._.
$
CS
_.... ._.—
SUudural Consultant_
__......_........f...
E
_.—..._
1.10
E
CY
Surve hg Consultant
S
1,10
$
CZ
..__
C1
C2
Un•_allowled Fee
••___.__.._......._..........................................�.............._.._:.
.....__—... ...................
I§
E
S
1,00
.......—...._....._--
.. 1.10
1.10
$
$ _
S
C3
I$
1,10
$
C4
_
_
E
1.10
S
TOTAL SUBCONSULTANT EXPENSES
E
$
RL
PREPARE ODOR ABATEMENT MASTER PLAN
A PREPARE ODOR ABATEMENT MASTER PUN R.
PM ADMINISTRATIVEXIC TASKS
Total Labor Hours
Total Labor Amount
Labor Rates per Hour
Total Amounts by Labor Category
Labor Category Pement of Total Lama
EXPENSES Isee breakdown belml
Total Subconsultants
Total Refirabursables
Total Expenses
3 TOTAL - PREPARE ODOR AB,
SURCONSULTANT EXPENSES
CITY OF DENTON, TEXAS
ODOR ABATEMENT EVALUATION
PREPARE ODOR ABATEMENT MASTER PLAN REPORT
03-335
Principal
Sr. Proj M,r
j MdIg Spoilti Pmj Eng
Tachnician
Clerical
Oc
Total
Labor
Percentof
Hours
I Fee (351)
Rmsj
(hrs)1
(hrs) (hrs)
=In.)
(hrs)
(hrs)
Total Fee
16
22
4 24
18
18
2
104
E 11,696
100.0%
16 is 4 24 IS 18 0
go
I S 10,766
92.0%
St 8 4 20 Is- is
4 2 2
.... ........
72
14
------- ---- ---- —
$ 7,228
$ 1.588
---------------------
61.8%
13S%
----------------------
6 6
12
$ 1,950
164%
0 4 0 D 0 0 2
6
j 930
8.0%
1 2
1 L
2
. ......
S 350
.. - ------------
3.0%
4
4
S 580
5.0%
16
T
22 4
24
18
18
2
104
$ 11,606
100.0%
Step
$145 $131
$90
$78
6
161
$ 2,11 80
31190 $ 524
2.161)
$ 1,404
1
$ .188
:175
$ 350
$ ii'SH;
1
24A.'
27.3% 1 4.5%
1a.5%
12.0%
10.2%
.0%
100.0%
1 $ 00
Cod.
Description Budget (S$)
Markup
Fee ($113)
Architect Consullount $
1.10
$
—CA
CC
- - -------
Civil EWr Consultant -5
1.10
$
CE
Elxidcal Consultant S
1.10
S
LG
CM
Geotechrical Consultant --
Mechanical Consultant
- . . ........ 1.10,
1.10
co
Oth Z'sern 1.000
1.10
$ 1.100
CS
Structural Zna.,Unt §-
1.10
$ -
.-CY
CZ
—ci
$pnvr' - $ 1
Unall.calad Fee i.s .. . ........ —
.$
1.10
1 w
1.10
$
$
$
C2
4$
1.10
$
0]
$
$
110
1.10
$
$
CS
$
110
$
TOTAL 6UBCON9gLTANT EXPENSES S 1,000
$ 11100
RR