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CCR2005056signals-attach TWO-PARTY 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 the purchase, reimbursement, stockpiling and storage of specially painted traffic signal materials for the intersection located at CTH L (Janesville Road) and Tess Corners Drive. WHEREAS, the DEPARTMENT reconstructed C.T.H. “L” in the City of Muskego from Golden Country Drive to Milwaukee County Line under Project I.D. 00-2380(13)(C), and as part of said construction included specially colored (black) traffic signal poles and associated items at the intersection of C.T.H. “L” and Tess Corners Drive as requested by the CITY, and WHEREAS, the DEPARTMENT requires the CITY to be responsible for payment for the additional costs associated with replacing colored traffic signal items, and WHEREAS, the parties agree to enter into a mutually beneficial agreement to maintain, repair, and replace the intersection traffic signals, and WHEREAS, the parties agree that the additional traffic signal costs listed herein are estimated using the best available information at the time of the agreement, and that actual costs may increase or decrease depending upon market conditions and any unforeseen changes necessary to purchase, stockpile, and store said painted traffic signals to DEPARTMENT standards. The CITY agrees to pay the actual costs associated with said traffic signals necessary for these items. NOW, THEREFORE BE IT RESOLVED, that the parties hereto do mutually agree to the responsibilities related to the purchase, reimbursement, stockpiling and storage of said traffic signal items and to the funding of said traffic signals items as described below: RESPONSIBILITIES: The DEPARTMENT shall: 1. Repair, or replace the painted signal item in kind with one from CITY stockpiled materials. 2. Reimburse the CITY the actual standard (unpainted) item cost for traffic signal items taken from the CITY’s stockpile. 3. Repair, or replace the painted signal items with standard (unpainted) materials should the CITY not have the items readily available or in stock. 1 4. Invoice the CITY for all additional costs associated with replacing standard signal items with painted items. The CITY shall: 1. Agree to purchase, stockpile, and store a minimum of one of each specially painted signal item at all times and to pay the entire cost for such. 2. Invoice the DEPARTMENT the actual standard (unpainted) cost for stockpiled items used. 3. Pay the DEPARTMENT all costs associated with the extra work to replace the standard signal equipment with painted items should the CITY not have the proper items stockpiled. 4. Enact a City Resolution in agreement with these provisions and provide a copy to the DEPARTMENT. 5. Designate a representative to act for the CITY. 2 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 3