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84-0501 Donohue Donohue March 2, 1984 City of Elgin MAY 9 1984 150 Dexter Court Elgin, IL 60120-5555 ciTY OF ELGIN ENGINEERING Attention: Gary Miller Re: Sewer Cleaning and Television Inspection Proposal/Agreement, Elgin, Illinois Dear Mr. Miller: Donohue & Associates, Inc. will be pleased to provide the following services in response to your request. SEWER CLEANING AND TELEVISING 1. Clean with a high pressure jet sewer cleaning machine approximately 33,000 lineal feet of sanitary sewer prior to internal television inspection. The cleaning will be undertaken to remove grease, sludge and debris from the lines to provide unobstructed access for the television camera and to allow defects to be viewed. 2. Televise approximately 33,000 feet of sanitary sewer. The TV inspection of the sewer will be recorded on video tape. The video tape will be provided to the City upon completion of the project. The video tapes will be interpreted and a written report will be provided to the City. The written report will include selected photographs of major defects. Donohue & Associates, Inc. proposed to perform the sewer cleaning and televising at the unit prices of $0.200 per foot and $0.345 per foot, respectively. These prices are based on tI4 City providing Donohue the following free of charge: water for sewer cleaning and clear entry into all manholes. The cleaning costs presented in thiS proposed agreement are based on hydraulic jet cleaning and/or root cutting. The City will be responsible for retrieval (at no cost to Donohue) of our sewer cleaning and televising equipment if it were to become lodged in the sewer due to an obstruction or collapse in the sewer line. All services will be performed in accordance with the attached General Terms and Conditions, dated November 1, 1981, which are incorporated by reference. We understand that a maximum of $18,000 is available for this project. Our total invoice will not exceed this amount without prior written approval from the City. Donohue & Associates, Inc. 250 East Devon, Suite 150 Itasca, Illinois 60143 Engineers & Architects 312-773-8210 . . Donohue Compensation and timing stated in this agreement are valid until June of 1984. If authorization is not received by this time, this agreement will be subject to review. The receipt of a signed copy of this agreement or a purchase order referencing this letter shall be considered as authorization to proceed with the services described. We can begin this project within 30 days following notice to proceed. Please contact our office if you have any questions regarding this project. Very truly yours, Accepted by: DONOHUE & ASSOCIATES, INC. CITY OF ELGIN, ILL OIS 7-21 16cA David P. Tulp, P.E. Vice President Auth rized "igna, re /D nald C. Eageny Regional Marketing Manager Date JSK/pm Attachment: General Terms and Conditions ADDENDUM: In the event the agreement is terminated pursuant to paragraph 7 of the General Terms and Conditions, the City should receive all video tapes made to date of termination. Mr. Gary Miller March 2, 1984 Page 2 • A • Donohue GENERAL TERMS AND CONDITIONS Effective November 1, 1981 1. Donohue will bill the owner monthly with net payment due in thirty (30) days. Past due balances shall be subject to a service charge at a rate of 1.0% per month. In addition, Donohue may, after giving seven (7) days written notice, suspend service under any agreement until the owner has paid in full all amounts due for services rendered and expenses incurred, including a service charge on past due invoices. 2. The stated fees and scope of services constitute our best estimate of the fees and tasks required to perform the services as defined. This agreement, upon execution by both parties hereto, can be amended only by written instrument signed by both parties. For those projects involvingonceptual or process development services, activities often cannot be fully defined during initial planning. As the project progresses, facts uncovered may reveal a change in direction, which may alter the scope. Donohue Will promptly inform the owner in writing of such situations so that changes in this agreement can be negotiated as required. 3. Costs and schedule commitments shall be subject to renegotiation for delays caused by the owner's failure to pro- vide specified facilities or information, or for delays caused by Unpredictable occurrences, including without limitation, fires, floods, riots, strikes, unavailability of labor or materials, delays or defaults by suppliers of materials or services, process shutdowns, acts of God or the public enemy, or acts or regulations of any govern- mental agency. Temporary delay of services caused by any of the above which results in additional costs beyond those outlined may require renegotiation of this agreement. 4. Donohue will maintain insurance coverage in the following amounts: Worker's Compensation Statutory General Liability Bodily Injury $1,000,000 Property Damage $ 500,000 Automobile Liability Bodily Injury $1,000,000 Property Damage $1,000,000 Aviation $5,OQ'0,000 Professional Liability Coverage $2,500,000 If the owner requires coverages or limits in addition to the above stated amounts, premiums for additional insur- ance shall be paid by the owner. 5. When Donohue, subsequent to execution of an agreement, finds that specialized equipment must be purchased to provide special services, the cost of such equipment will be added to the agreed fees for professional services only after the owner has been notified. 6. The owner agrees to provide such legal, accounting, and insurance counseling services as may be required for the project. 7. Termination of this agreement by the owner or Donohue shall be effective upon seven (7) days written notice to the other party. The written notice shall include the reasons and details for termination. Donohue will prepare a final invoice showing all charges incurred through the date of termination; payment is due as stated in para- graph 1. If the owner violates any of the agreements entered into between Donohue and the owner, or if the owner fails to carry out any of the duties contained in these terms and conditions, Donohue may, upon seven (7) days written notice suspend its services without further obligation for liability to the owner unless, within such seven (7) day period the owner remedies such violation to the reasonable satisfaction of Donohue. 8. Re-use of any documents pertaining to this project by the owner On extensions of this project or on any other project shall be at the owner's risk and the owner agrees to defend, indemnify, and hold harmless Donohue from all claims, damages, and expenses including attorney's fees arising out of such re-use of the documents by the owner or by others acting through the owner. 9. Donohue will provide all services in accordance with generally accepted professional practices. Donohue will not provide or offer to provide services inconsistent with or contrary to such practices nor make any warranty or guarantee, expressed or implied, nor to have any agreement or contract for services subject to the provisions of any uniform commercial code. Similarily, Donohue will not accept those terms and conditions offered by the owner in its purchase order, requisition, or notice of authorization to proOeed, except as set forth herein or expressly accepted in writing. Written acknowledgement of receipt, or the actual performance of services subsequent to receipt, of any such purchase order, requisition, or notice of authorization to proceed is specifically deemed not to constitute acceptance of any terms or conditions contrary to those set forth herein. 10. Donohue intends to serve as the owner's professional representative fbr those services as defined in this agreement and to provide advice and consultation to the owner as a professional. Any opinions of probable projects costs, approvals, and other decisions made by Donohue for the owner are rendered on the basis of experience and quali- fications and represent our professional judgment. 11. This agreement shall not be construed as giving Donohue the responsibility or authority to direct or supervise construction means, methods, techniques, sequence, or procedures of construction selected by contractors or subcontractors or the safety precautions and programs incident to the work of the contractors or subcontractors. ,.• CITY OF ELGIN ENGINEERING DIVISION 150 DEXTER COURT-ELGIN,ILLINOIS 60120-5555 Telephone: (312) 695- 6500 Ext. 245 TRANSMITTAL LETTER Date May 14, 1984 To: Marie Yearman City Clerk Job: Sewer Cleaning & Television Inspection We transmit herewith for your—Information Approval Files X Correction Return Copy of 1 COMM Executed Contract for above referenced Job. (Original ) Sheet Nos. N/A Remarks David Tulp initialled our addendum making this the final contract document. CC: Mike Sarro, w/copy Yours very truly, Dan Blondin, w/copy Ralph Ridley Civil Engineer i Bff414(3e."