CCR2005055pond-attach
TWO-PARTY OWNERSHIP/MAINTENANCE AGREEMENT
between the
WAUKESHA COUNTY DEPARTMENT OF PUBLIC WORKS
and the
THE CITY of MUSKEGO
This agreement, made and entered into by and between the Waukesha County
Department of Public Works, hereinafter called the DEPARTMENT, and the City of Muskego,
hereinafter called the CITY, provides for ownership and maintenance of the detention pond to
be constructed in conjunction with the roadway improvements under Project I.D. 00-
2380(11)(C).
WHEREAS, the DEPARTMENT is planning the reconstruction of C.T.H. “L” in the City of
Muskego from Golden County Drive to Milwaukee County Line, and that part of said
reconstruction includes the construction of a detention pond to accommodate Milwaukee
Metropolitan Sewerage District (MMSD) storm water requirements as administered by the CITY,
with said reconstruction work to take place in 2004, and
WHEREAS, the DEPARTMENT requires the CITY to take ownership and maintenance
responsibilities for said detention pond, and
WHEREAS, the parties agree to enter into a mutually beneficial agreement to transfer
ownership and maintenance of said detention pond upon conclusion of said construction project,
and
WHEREAS, the parties agree that design engineering, land acquisition, construction
management, and construction costs for the detention pond shall be borne by the
DEPARTMENT.
NOW, THEREFORE BE IT RESOLVED, that the parties hereto do mutually agree to the
responsibilities related to the construction, ownership, and maintenance of the said detention
pond.
IMPROVEMENT DESCRIPTION:
Said improvement to include the design and construction of the detention pond, construction
management, administration, and any contingencies necessary to satisfactorily complete the
work to DEPARTMENT standards and requirements of Project I.D. 00-2380(11)(C).
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RESPONSIBILITIES:
The DEPARTMENT shall:
1. Through its Consultant, URS Corporation, shall complete the contract plans,
specifications and estimates in order to construct the detention pond to the requirements
of the CITY.
2. Competitively and publicly bid said roadway improvements under Project I.D. 00-
2380(11)(C) in accordance with the State statutes and all other applicable state and local
laws.
3. Duly execute, award, and administer all such construction contracts necessary to
complete the improvements in an expeditious fashion in accordance with generally
approved engineering and construction standards.
4. Convey all interests in lands including any necessary access points to the CITY in a
format acceptable to the Director of Engineering/Building Inspection in consultation with
the City Attorney
5. Provide clear Title evidence acceptable to the CITY as to ownership of all lands within the
proposed conveyance area.
The CITY shall:
1. Enact a City Resolution in agreement with these provisions and provide a copy to the
DEPARTMENT.
2. Agree to accept ownership and maintenance responsibilities for the detention pond upon
successful completion of the work by DEPARTMENTS contractor.
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APPROVAL
THIS AGREEMENT will be effective on the date of the DEPARTMENT’S signature, which is the
Effective Date of this agreement.
CITY: DEPARTMENT:
City of Muskego Waukesha County
By: _________________________________ By:________________________
Title: _________________________________ Title: Director of Public Works
Date: _________________________________ Date: ______________________
By:__________________________
Corporate Seal Title: County Executive
Date:__________________________
Attest: _________________________________
Address for Contact:
Title: _________________________________ Waukesha County Department of
Public Works
1320 Pewaukee Road
Waukesha, WI 53188
Address for Contact:
City of Muskego
W182 S8200 Racine Avenue
P.O. Box 749
Muskego, WI 53150
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