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2004-029ORDINANCE NO. 2004-~/7~q 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 ~ day of x~4~/~t~f~- ,2004. EULINE BROCK MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By:HERBERT~ ATTORNEY 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 ~ day of L~9.~Y~, 2004, by and between the City of Denton, Texas, a Texas Municipal Corporation, with its prinq~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 contgmed, and in consideration of the premises, the parties hereto do mutually AGREE as follows: ARTICI,E 1 EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees t o perform t he services herein in connection with t he 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 alternatives; and the preparation of an odor abatement master plan report. ARTICI ,E II SCOPE OF SERVICES The CONSULTANT shall perform the following Basic SeaMces in a professional manner: 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. 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 ofl0 ARTICI,I~ 111 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. ARTICI .l~ 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 rome 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. ARTICI .E 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 Do 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 non4abor 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 statements r erecting t he actual completion 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 fi.om the OWNER. 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. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within thixty (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 fi.om and after the said thirtieth (30th) day, and in addition, thereafter, the CONSULTANT may, at~er 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. ARTI(21 ,F, Vl 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. ARTTf21.1~ VII 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 furnished 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. ARTICI .E Vlll 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. ARTIC~I F IX 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, attomeys 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 govemmental immunity, which defenses are hereby expressly reserved. Page 4 of 10 ARTICI,E X INSURANCE 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: Ao 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. 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. Worker's Compensation Insurance in accordance with statutoW requirements, and Employer's Liability Insurance with limits of not less than $100,000 for each accident. Professional Liability Insurance or appropriate Errors & Omissions Insurance with limits of not less than $1,000,000 annual aggregate. 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, furnishing at least the same policy limits and coverage, to OWNER. AR TIC. I ,E XI 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 altemate 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. ARTICI ,~ XII 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 This Agreement may aitematively 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. 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 fi.om 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 services properly rendered a nd satisfactorily performed, a nd 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 mm over all documents prepared or fumished 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. ARTICI .F. 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. ARTIf21.1~ X'IV 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: To OWNER: Alan Plummer Associates, Inc. A. Lee Head, III, P.E. 7524 Mosier View Court, Suite 200 Fort WoFth, Texas 76118 Fax: (817 589-0072) 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. ARTICI .R XV ENTIRE AGREEMENT 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. AR TIO. 1.1~ 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. ARTIC~I .¢ 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 hereatter be amended. ARTIC. I ,IR 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. ARTICI ,F. X'IX PERSONNEL 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 l0 OWNER requires that CONSULTANT carefully safeguard any documents, data, and information provided by OWNER to CONSULTANT incident to this engagement. 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. ARTICI .l~ 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. ARTICI.¢ 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. ARTICI .l~ XXII 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 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 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. Do 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. 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 fi.om using other qualified and competent members of its firm to perform the other incidental services required herein, under its supervision or control. Fo 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 furnished to it by OWNER without the need for further inquiry or investigation into such information. 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. 1N 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 ex, ecuted this A, greb'ment by and through its duly authorized undersigned officer, on this the ~2~/'~ dayof kZ~g_,~l.g,Z~ ,2004. "OWNER" CITY OF DENTON, TEXAS A Texas Municipal Corporation By: · Page 9 of 10 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ATTEST: By: Se "CONSULTANT" ALAN PLUMMER ASSOCIATES, INC. A Corporation Pnncipal S:\Our Doc uments\Contracts~04LMan Plummet Associates-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 ENG1NEER 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 Composfing 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) (2) (3) (4) (5) (6) 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; 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; Assist City personnel a nd outside volunteers i n performing t he air sampling a nd 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. P ersounel o f t he 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; 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; 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; Make assessments of the probability that off-site sources identified in the PROJECT contribute significantly to odors in the communities surrounding the plant; (7) (8) 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 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. 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 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. bo 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. 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. It is anticipated that field-testing will proceed for a twelve (12)-week maximum period ending no later than April 30, 2004. 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 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. 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. 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. 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. 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 4 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. 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. 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. S:\Our Documents\Contracts\04L~.lan Plummet Associates-Odor Evaluation-2004~Scope. doc CITY OF DENTON, TEXAS ODOR ABATEMENT EVALUATION OFF-SITE ODOR ASSESSMENT 03-335 4 ~,a me~.t I [ 4 20 T 25 ~ 2,560 :._, ~-,.~=.~ ........ ::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::: ~ --i; -~ ........................ 7 .......... I ~ Pr~ectMana?ment , 13 i 13 ~ S 1,8~ 5,3~ Labor .tes .r Hour S180 [ $145 S $131 $90 ] S78 ~ $66 $175 I CE ~e~c=~ns~=.* ~ ~ ....... ~/ ~-'~S'~ . ___~ ~j~Sj~ .............................. :_ ........... ~.~ __~_ I C3 i, $ -~ 11( $ RU Telecommun~cafio~ ~ ~.m~s e7oI CITY OF DENTON. TEXAS ODOR ABATEMENT EVALUATION MODELING & ALTERNATIVE EVALUATION 03-335 MODELING & ALTERNATIVE EVALUATION 14 39 54 92 12 12 I 4 227 25,957 t00.0% A MO DELING & ALTERNAT[VE IEVALUATIO N t4 30 54 92 .~2 12 0 214 ]$ 23,952 92~ 3"A CiTY OF DENTON, TEXAS ODOR ABATEMENT EVALUATION PREPARE ODOR ABATEMENT MASTER PLAN REPORT 03-335 --~-~ .................................. _ ~ __ J__.....~._._..1....__E_......~ ~gND TOTAL - PREPARE ODOR ABATEMENT MASTER P~N REPORT $ 14,795 SUBCONSULTANT EXPENSES REIMBURSABLE ~PENSES _ C~_ ~2~¢_~ ~.~ ........... ~ __._.~ ~ ........ 2_ .... R~.. ~epr~d_~o~ .......... ~._._~:~ 1.10