20-040 - City of Kent - Interlocal Agreement: South 196th-200th Street Bridge

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emergency. The Parties agree the cost of any emergency repairs will be shared equally between them. 2.4.9 Permits. Permits from both Parties are required before the start of any maintenance or repair activities requiring temporary traffic control on the Bridge. Additionally, any special event utilizing the Bridge must also be permitted by both Parties. 2.5 Payment. 2.5.1 Inspections & Regular Surface Maintenance. Each Party agrees to perform its stated obligations under this Agreement at its sole cost and expense. However, should the performance of obligations required under this Agreement result in one Party contributing more than 50% toward the overall joint undertaking in any one year, the Board will discuss the matter and determine an equitable resolution agreeable to both Parties that fulfills the stated purpose and intent of this Agreement. 2.5.2 Major Maintenance or Repair. Each Party agrees to pay 50% of the total costs, less grants received, of all agreed -upon Major Maintenance or Repair work on the Bridge in accordance with Section 2.4.7 above, including actual costs attributable to direct labor, employee benefits, equipment rental, materials and supplies, utilities and permits, insurance, contractual services and administrative overhead costs, including the actual cost of the time and resources contributed by the lead agency in conducting, coordinating, and arranging for the major maintenance or repair work. The lead agency will submit to the other Party a monthly invoice of all costs incurred by the Major Maintenance or Repair work and that Party's 500/0 share due, which sum shall be paid within thirty (30) days of the date of the invoice. If the Party receiving the invoice objects to all or any portion thereof, it shall notify the lead agency and reserves the option to only pay that portion of the invoice not in dispute. In that event, however, the Parties will immediately make every effort to settle the disputed portion. 2.5.3 Grants or Funding Alternatives. The Parties will work cooperatively to seek federal or state grants, or to pursue other funding alternatives, for expenses related to the Bridge's repair and maintenance and agree to share equally in any local match that may be required. 2.6 Termination. 2.6.1 Termination for Default. Either Party may terminate this Agreement, in whole or in part, in writing if the other Party substantially fails to fulfill any or all of its obligations under this Agreement through no fault of the terminating Party, provided that insofar as practicable, the Party terminating the Agreement shall provide the other Party with a notice of termination ("Notice of Termination") given at least thirty (30) calendar days prior to the date of termination and state the manner in which the Party has failed to perform the obligations under this Agreement; and an opportunity for the Party to cure the INTERLOCAL AGREEMENT REGARDING MAINTENANCE OF SOUTH 200Th STREET BRIDGE - 4 of 7 (Between Cities of Kent and Tukwila)