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07-16-2007 ROCKY MTN EMTEC ANALYSIS PROPOSAL NOTTINGHAM POWER PLANTAvon- 4p(jamundy Aust Office 8a r 975 400 Benchtntirk Road Awn, Coltuuda 81420 +970-748.4000 970-94,0-9139 Fra_r ReMy re vogfrized lvsv waavrtmorg July 16, 2007 Dave Schwartzberg Rocky Mountain EMTEC 2452 S. Trenton Way, Suite H Denver, CO 80231 RE: ENGINEERING CONSULTATION AND ANALYSIS PROPOSAL NOTTINGHAM POWER PLANT John: This letter is in response to your consulting services proposal, dated May 15, 2007. Please accept this letter as authorization to proceed based upon your letter dated May 15, 2007, attached hereto (Exhibit^ the Terms and Conditions attached hereto (Exhibit B), and the Detailed Terms and Conditions for Engineering Consulting Services attached hereto (Exhibit C), with the changes indicated. Regards, Larry Town Cc: Project File Finance Department Historic Preservation Committee F.,;Correspondence l External) PlanninglEMTEC 5.15.07 Proposal Approval doc Exhibit A R:;cky._Mountain . EnF v~a'Lz_7 An Engineering Consul ing inn R 2152 South Trenton 'r4 a , Suite i k„ ) Denver, Colorado 80231 (303) 306-0660 Fax (303) May 15, 2007 Matt Pielsticker Planner II Community Development Town of Avon PO Box 975 Avon, CO 81620 Reference: Rocky Mountain EMTEC Proposal for Engineering Consultation and Analysis of Nottingham Power Plant, Town of Avon, Colorado Dear Mr. Pielsticker: Enclosed is Rocky Mountain Engineering and Materials Technology, Inc.'s proposal for Engineering Consultation and Analysis of Nottingham Power Plant, Town of Avon, Colorado. In this letter, I've summarized in brief form the Phase I Statement of Work and the estimated cost. This letter is not intended to supplant, replace, or modify the enclosed proposal, but is provided as an Executive Summary of the associated proposal. The Nottingham Power Plant Historical Site stabilization evaluation project is proposed in phases. The objective of the first phase is to utilize a site visit to prepare conceptual engineering options for stabilization of the site. These options will be presented to the Town of Avon and/or its Historic Preservation for review. In the second phase, a detailed engineering plan will be developed based on the conceptual design option selected from the first phase. Details of the first phase are presented in the following Statement of Work: Phase 1-Development of Conceptual Stabilization Options Coordinate with Town of Avon Historic Preservation Committee and its consultant, Tatanka Historical Associates, Inc. Site Visit a. Examine and document condition of water wheel, including support timbers and their foundations, assessment of soil and geological conditions, and other factors necessary for conceptual engineering design of stabilization options for water wheel, remaining structure, mechanical components, and other physical features of the site Engineering Analysis and Development of Conceptual Options Town of Avon Nottingham Power Plant Stabilization Proposal Summary 511512007 Page 2 .d a. Water Wheel and Timber Foundations i Identify components of the paddle wheel that must be replaced ii. Identify the means for stabilizing the paddle wheel prior to realigning it in its frame iii. Identify the means to replace deteriorated components of the paddle wheel to maintain its historic character iv. Incorporate maintenance needs into the stabilization plan to address periodic inspection and repair of the wood components v. Identify support timbers that must be replaced vi Evaluate options for creating stable foundation for existing and replacement timbers b. Mechanical Components i Analyze findings from site visit. Select candidate items for repair or replacement ii. Evaluate potential for repair of selected items and prepare repair protocols, if appropriate iii. Identify potential objects with which to replace selected items, if appropriate. This task may also include location of potential items for acquisition. c. Other Structures iv. Evaluate potential for repair or stabilization v. Prepare conceptual engineered solution concepts for stabilization of other structures vi Consult with other entities, including the Committee, the Town of Avon, and construction companies/contractors, as necessary d. Hydrogeology i Address the problems of high flow associated with the location of the Power Plant in the river 1. Identify which vegetation upstream and downstream of the Power Plant needs to be removed 2. Identify the means to prevent water from entering the sluice or the floor area of the Power Plant 3. Identify fluvial modifications such as rip rap which may be necessary to protect the Power Plant site from flooding due to spring run off Presentation of Conceptual Design Options a. The design concepts developed in Phase 1 will be presented to the Town of Avon and/or the Historic Preservation-'Committee by a member of the engineering team b. Preparation of Phase II Statement of Work and estimate of costs, if directed by the Town of Avon The Period of Performance of the Statement of Work for Phase 1 is approximately 45 days from commencement of the project. Rocky Mountain EMTEC and its engineering team are prepared to begin work immediately upon receipt of authorization to proceed as specified in the full proposal. The estimated cost of Phase 1 is between $8,500.00 and $12,000.00, not to Rocky Mountain EMTEC, Inc. Denver, Colorado Proprietary Information Town ofAvon Nottingham Power Plant Stabilization Proposal Summary 511512007 Page 3 exceed $13,000.00 without explicit approval. Please refer to the attached proposal for complete terms and conditions. The engineering team put together specifically for this project, includes Rocky Mountain EMTEC, Inc., GES Tech Group, Inc., and Anthony and Associates, is excited about the opportunity to work with the Town of Avon on the project. Upon reviewing the attached proposal, please feel free to contact me with questions or to engage our services for the proposed effort. Sincerely, John N. Schwartzberg, P.E. President Rocky Mountain EMTEC, Inc. Enc. Rocky Mountain EMTEC, Inc. Denver, Colorado Proprietary Information EXHI BIT B Town ofAvon Nottingham Power Plant Stabilization Proposal 511512007 Page 9 be identified to Rocky Mountain EMTEC, Inc. prior to commenceme t project. That party " lso agree in writing to the terms and conditin its proposal, and appropriate points of-contact 'ded to'Rockv r tnCain EMTEC, Inc. In the absence of a designated third party payer, it sha u~ ff; * t the payment obligations detailed herein apply to the Town of n or its Historic Preservation -°e and the business relationship s c construed to exist solely between the Town of Avon or ' toric Lott Committee and Rocky Mountain EMTEC, Inc. TERMS AND CONDITIONS Unless other agreements have been made, Rocky Mountain EMTEC, Inc. charges are based on time and materials. Every attempt will be made to select the personnel necessary to provide the most cost effective combination of labor rate and expertise. Miscellaneous costs, including photography, lab supplies, report processing and supplies, printing, sub-contract services, and travel expenses are billed at actual cost plus 15%. Mileage is billed at a rate of $0.65 per mile. Any estimates of costs are offered in good faith, and unless otherwise expressly stipulated, are considered to be non-binding. Rocky Mountain EMTEC, Inc. bills monthly for work in progress. All invoices are payable in full upon receipt. A finance charge of 2 per cent per month may be applied to balances more than 30 days past due. Finance charges are payable in full upon receipt. In the event that any invoice is not paid when due, the client shall be responsible for payments of any and all collection, attorney and court costs should collection action become necessary. Rocky Mountain EMTEC, Inc. reserves the right to stop work or withdraw from an engagement, without penalty, if the client fails to abide by the provisions stated herein or otherwise agreed. Rocky Mountain EMTEC, Inc. reserves the right to request a retainer in advance of any work for new clients without established credit with Rocky Mountain EMTEC, Inc. or for large scale projects. The retainer shall be applied against the final invoice. In the event that the retainer exceeds the total of all invoices, the remainder shall be refunded by Rocky Mountain EMTEC, Inc. Rocky Mountain EMTEC, Inc., GES Tech Group, Inc., and Anthony and Associates look forward to working with the Town of Avon and its Historic Preservation Committee in this matter. We are excited about the opportunity to become involved in a project with such historical importance and interest. Should you have questions, or require additional information or technical assistance on this or any other matter, please do not hesitate to contact me directly. Sincerely, tkd John N. Schwartzberg, P.E. President, Rocky Mountain EMTEC, Inc. Enc. Rocky Mountain EMTEC, Inc. Denver, Colorado Proprietary Information Exhibit C t Tv'Iountain Engineer;. ' Ergineerino Consulting F+n ' s South Trenton Way, Suite H Denver, Colorado 80231 (303) 306-0660 Fax (303) 306 .04'^ DETAILED TERMS AND CONDITIONS FOR ENGINEERING CONSULTING SERVICES 1. Consulting Services Rocky Mountain EMTEC, Inc. shall be engaged as an independent contractor, and not as an employee or agent of the client in connection with the rendering of any consulting services to the client. Client hereby acknowledges that it, and not Rocky Mountain EMTEC, Inc. or its sub-contractors or sub-consultants, shall be responsible for all decisions based on the results, findings, recommendations, opinions or advice resulting from services rendered to client. 2. Performance of Services Rocky Mountain EMTEC, Inc. shall perform consulting services in accordance with generally accepted professional engineering practice. No other warranty, express or implied, is offered regarding services rendered, including results, findings, recommendations, opinions or advice resulting from services rendered to client. It is recognized that Rocky Mountain EMTEC, Inc. must rely on information provided by client in the execution of services to be rendered. Rocky Mountain EMTEC, Inc. assumes no responsibility for the accuracy of such information, and it is assumed that the client has proper authority to share such information with Rocky Mountain EMTEC, Inc. 3. Limits on Responsibility Rocky Mountain EMTEC, Inc. shall not be responsible for the acts or omissions of others, except for its employees and sub-contractors, and sub-consultants. Rocky Mountain EMTEC, Inc. will not supervise, direct, or have control over any other contractor's work, or assume responsibility for the work product of others, except for its employees and sub- consultants. Client a _ rmless, indemnify, and defend Rocky Mountain EMTEC, Inc. and its emn ov PC directors, and agents and its sub-contrac is u.. sultan a ' ees against all claims, suits, fines and penalties, attorney's fees, and t cmcal and defens , ims, suits, fines, penalties, or costs arise out of Baez- s~'t, c< to, this agreement or die services provided, except to the expo... they are caused by the indemnified party's sole gross negligence or willful misconduct of Rocky Mountain EMTEC, Inc. 5. Limits of Liability To the fullest extent permitted by law and notwithstanding anything else in this agreement to the contrary, the aggregate liability of Rocky Mountain EMTEC, Inc. and its sub-contractors and sub-consultants is limited to the compensation received by Rocky Mountain EMTEC, Inc. for services rendered. This limitation applies to all injuries, damages, claims, losses, expenses, and defense costs, whether based in contract, negligence, strict liability, statutory, trespass, indemnity, misrepresentation, or any other theory of liability. No claim will be valid if presented to Rocky Mountain EMTEC, Inc. more than three years after substantial completion of the services, or, if shorter, any period of statute of limitations. Rocky Mountain EMTEC, Inc. shall not be liable for lost profits, loss of use of property, diminution of value of property or goods, delays, cost to obtain replacement samples, or other special, indirect, incidental, consequential, punitive, exemplary, or multiple damages. Rocky Mountain EMTEC, Inc. shall not be liable to anyone for injuries or deaths of any persons or damage to property of any persons, except to the extent that such liability is covered by applicable insurance coverage in place at the time that the services are contracted. 6. Confidentiality Unless otherwise expressly agreed, Rocky Mountain EMTEC, Inc. will hold in confidence all proprietary information and trade secrets of the client provided by the client for which appropriate notice to Rocky Mountain EMTEC, Inc. is provided. It is the practice of Rocky Mountain ifiMTEC, Inc. to inform the client when Rocky Mountain EMTEC, Inc. has been requested to share specific information relating to services rendered with outside parties. 7. Litigation If any Rocky Mountain EMTEC, Inc. employee, officer, director, or any sub-contractor, or sub-consultant, or their employees, are compelled by subpoena or court order to testify at deposition, trial, or arbitration or mediation, or to produce documents regarding services rendered, Rocky Mountain EMTEC, Inc. shall be compensated at its standard rates by client for time spent and expenses incurred in preparation and compliance therewith, and client shall pay Rocky Mountain EMTEC, Inc.'s reasonable attorney's fees and expenses associated therewith. Other rn ue..e -s it between the client and Rocky Mountain EMTEC, Inc.. the l uit s I tried only in a court of competent jurisdiction in I,,, o enver, Colorado, and Colorado law shall apply to said tiroceedinQS.