CCR1997090I
I
0
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #90-97
APPROVAL TO AMENDMENT TO CONTRACT
WITH RUST ENVIRONMENT ti INFRASTRUCTURE
(Freedom Square)
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Finance Committee, does hereby
approve the attached Amendment to Contract with Rust Environment
h Infrastructure for Freedom Square Storm Sewer in the amount of
$3,365 subject to review and approval of the City Attorney.
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are
authorized to sign the Amendment in the name of the City.
DATED THIS 22ND DAY OF APRIL , 1997.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Domonic R. D'Acquisto
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
Resolution #90-97 which was adopted by the Common Council of the
City of Muskego.
4/97 jmb
I
i
I.
e
l.
0
1
Rm INFRASTRUCTURE ENVIRONMENT&
PART IV
STANDARD TERMS ANDCONDITIONS
rmdard ofprafcrrional practice ordinady exercised by [heap liable profession at
I. STANDARD OF CARE. Services shall bc pcrformcd in accordance wilh the
the tme and within the localily where he Services M pcdrmed. Professional
servim are not rubjcct 10. and RUST E&l can not pmvide. any mrrmry or guarantee.
cxprerr or implied. including w~anties or g-w contained in any unhrm
commercial code Any such yamties or guaranlecr contained in any purchase
orden. roqusttionr or notics 1O pmed irrucd by Client are specifically objected Io.
on facts horn at the time of execution of this Agreement including. ifapplicablc.
1. CHANGE OFSCOP€ ne wopc ofScrvicu set fonh I" this Agramcnt is bawd
devclopment wim. smpc may not be fully definable during initial phases. As thc
information supplied by Client. For some projects involving concepmal or proeerr
Project pro-. facu diwovcd may indlalc that scape murt be &fined. RUST
MI will prompdy pro*& Client wilh M amendment to this Agrement10 Rcognizt
rvch change. which shall bc deemed approved if not objcctcd 10 within IS days of
receipt by Client.
3. SAFETY. RUST ULI has erlablished and maintains corporare programs and
prdm for the ralcry of iu employes Unlcrr specifically included as a service m be provided unda this Agmmcnt RUST UI specifically disclaims any authority
arrap3nrlbiliryfargrneraljobriteraleryandraferyofpcrranso~rthanRUSTEAl
employees
4. DKLAYS Ifercnu bond lhe mnml ofClienr or RUST UI, including. but not
public cncmy. and act or regulation of any government agency. result ~n delay to any
limited m. fire. cxplmion. riot mikc. war. process shutdown. act ofGod or the
xhedde arablirhed in this Apement, such schedule shall bc amended to he ~xtent
ncccswry IO compenratc for such delay In the event such dclay cxd 90 days.
RUST Edrl shall be enlitlcd 10 an equitable sdjusmcnt in compmtion.
In the men1 RUST E&l is delayed by Client and such dclay exceeds 30 days. RUST
€AI shall bc entitled to an extension of lime equal 10 the dclay and an equitable
sdjusmcnl in campensalion.
5. TERMlNATlONlSUSPENSlON. Either pvry may Vrminale this Agmmcm
upon 30 days winen nolice to lhe other party. Clienl shall pay RUST FA1 for all
Services, including profit relatinp. thereto. rendered mior to termination. PIUS any of lcrmiiimn.
the erem eher pay dcfmvlts in iu obligations under this Agreement (including
ClbenCs obligation to make $e payments quid herelder). the nodefaulting party
may. aha 7 days witen notu stating its inlention Lo rurpmd performance under he
Agrccmcnt if cure of such default is not cammcnccd and diltgcnlly conrinwd. and
continue. rurpcnd performance under this Agreement
fadun of the defaulting PMy m mmmence cum within such time limil and diligently
6. OPINIONS OF CONSTRUCTION COST. Any opinion of construction cow
prepared by RUST Ul is rupplisd for the genml guidane of the Clicnl only. Since
cannot gmm the accuracy ofsuch opinions as compared LO contract bids or actual
RUST €AI ha no conml ovm competitive bidding or market conditions. RUST E&!
costs roClient.
7. RELATIONSHIP WITH CONnlACTORS. RUST Ul shall serve as Clienrr
concerning actions relating to Client's conmclorr. but RUST EBI specifically
profesrlanal represmtative for the Scrvica, and may make mmmendationr m Client
dsclaimr any aulhoriw Lo direct or suwwise Ihc mwr. methods. techniques.
8. CONSTRUCTION REVIEW. For projecu involving consmct~on. Clicm
acknawledecr that under e~nerallv acccoled arofesrional Oraclice~ mtemretationr of
indcmnlfy and saw harmless Cllent from and against loss. liability. and damages
10. INDEMNITIES. To the [ullerr extent permlned by law, RUST E&] shall
rustad by Client its agents. employees. and representatives by reason of injury or
death m persons or damage 10 tangible properry lo the cxtcm caused dimlly by the
willful mircondun or failure 1O adhere to lhe standard ofcare described in Paragraph I
above of RUST EA!. ~ts agents or employrer.
To the fullest mreot permmed by law, Client shall indemnify. ad save harmlerr
RUST €&I lrom and aminst loss. IiabiliN. and damaeer sustained bv RUST E&l. its
agents. employees. ani reprerenmtiver.by rmon oil injury or d&lh IO perron; or
damage to tangible property to the extcnl cawed dimtly by the willful misconduct
or ncgligenr enon, ac~. or ommions of Client its agenu or employees.
have individual liabiliry toClienl.
11. LIMITATIONS OF LIABILITY. No cmployee or agent of RUST EA1 shall
Client agrees thaS to the fullest exlent permined by law. RUST Wl's total liability
10 Client for any and all injuries. claims, Iossu, expenses or damages whaodever arising out ofor in any my dated Io he Projcct or lhis Agreement from any causes
liabiliry. or breach of conma shall not exceed S3.Oo0,CQO.
Including. but nor limited LO. RUST Ul's negligence. emn. omissions, smct
11. ACCESS. Clicnl shall provide RUST UI safe a- to any premirer necessary
lor RUST EA110 provide the Servtcu.
13. REUSE OF PROJECT DELIVERABLES. Reuse ofany documents or othe,
dcliverables. including electronic mediq pertaining to Ihe Project by Client far any
purpose other than that for which such documcne or deliverabler were onginally
prcparrd. oraltnatian ofruch documenu ordeliverablcr wilhout wiucn verification
oradapeuon by RUST FA1 for $e rpjfic pwposc inrended. shall be at the Clients
rsk. Cllcnt ag- m dclend. mdemmfy, and hold harmless RUST UI born all
dalm. damages. and cxpss. (including rcasonablc litigation costs). arising out 01
such rcux or alleralion by Cllent or othen acting through ClienL
amended only by a mnen msrmment signed by both panics. 14. AMENDMEW. pis Agrrement ymn execution by both parlie hereto. can be
IS. ASSIGNMENT. Except for assignmenu (a) m entities which conuol. or are
conmlled by, the panis hemo or (b) resulting from operation of law. the rights and
obligations of this Agrccmcnt mol bc assigned by either pmy without winen
&rmirrbn ofthc other party.-lhlr Agrscmcnt shall bc bmding upon and inure to the
neflr ofany permined assigns.
perfomance of any particular section of this Agrement shall invalidate any oher 16. KO WAIVER No wdiw by either party ofany default by the other pany in the
se~uon of this Agrcemenl or operare a5 a waiver of any future default. whether like
or dillcrent in characler.
nor the pcrformancc of the panla hereunder. is intended to benefit, nor shall inurc 10
17. pi0 THIRDPARTY BENEFICLARY. Nothing contained in this Agreement.
the benefit of, any third pany. including Clients conoactorr. ifany.
18. SEVERABILITY. The Mnovs vm. pvisiors and mmmts herein conlamed
of any of them shall not allcct or impair the validiry or enforceability ol the
shall bc deemed to be separate and severable, and the invalidiry or unenforreabiliry
remainder
19. ALrIHORITY The perrons signing this Agreement wrnant that hey have the
aulhonry to sign as, or on behalf of. lhhe parry for whom they arc signing.
" = Scptcmber 6. 1994