21-141 - Washington State Department of Transportation - Maintenance Agreement: Riverton Creek Flapgate Removal Project

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make payment within thirty (30) calendar days. All sums due from the City to WSDOT and not paid within thirty (30) calendar days of the date of invoice shall bear interest at the rate of twelve percent (12%) per annum, or the highest rate of interest allowable by law, whichever is greater; provided that, if the highest rate allowable by law is less than twelve percent (12%), interest charged hereunder shall not exceed that amount. Interest shall be calculated from the thirty-first calendar day until the date paid. If the City objects to all or any portion of an invoice it shall notify WSDOT within twenty (20) calendar days from the date of receipt and shall pay only that portion of the invoice not in dispute. WSDOT and the City shall make every effort to settle the disputed portion, and if necessary, utilize dispute resolution as provided for in Section 7 of this Agreement. No interest shall be due on any portion of an invoice the City is determined not to owe following settlement between the Parties or completion of dispute resolution process. 3. EMERGENCY MAINTENANCE 3.1 In the event of an emergency involving the Landscaping that has damaged or is likely to imminently damage WSDOT right of way, the City shall perform emergency maintenance and/or repair to rectify the problem within one (1) working day of notification, email being acceptable, from WSDOT. 3.2 If the City is not available to perform the emergency maintenance and/or repair work to address the identified problem, WSDOT reserves the right to perform the emergency work. Such emergency work may be accomplished by WSDOT personnel or its authorized contractor and the City agrees to reimburse WSDOT for its actual direct and related indirect costs in accordance with Section 2.5. 4. RIGHT OF ENTRY 4.1 WSDOT hereby grants to the City and its authorized agents, contractors, subcontractors, and employees a right of entry upon all WSDOT right of way for the purpose of accomplishing the work authorized by this Agreement, subject to the traffic control provisions of Section 1.5. 5. PARTY REPRESENTATIVES 5.1 Unless otherwise stated herein, for all communications under this Agreement the Parties designate the following representatives: City of Tukwila Washington State Department of Transportation Hari Ponnekanti Gordon Elley Public Works Director Superintendent Area 5 Maintenance City of Tukwila Washington State Dept. of Transportation 6300 Southcenter Blvd, Suite 100 10833 Northup Way NE Tukwila, WA 98188 Bellevue, WA 98004 (206) 433-0179 Phone: (425) 739-3730 Hari.Ponnekanti@TukwilaWA.gov ElleyGK@wsdot.wa.gov 5.2 A Party may designate an alternative representative and, in this event, shall notify the other Party in writing, which includes communication by email. 6. DAMAGE TO PROPERTY 6.1 The City and its authorized agents, contractors, subcontractors, and/or employees shall not damage WSDOT property while performing maintenance, operation and/or repair of the Landscaping. If the City, its authorized agents, contractors, subcontractors and/or employees damages WSDOT property, the City GMB 1201 Page 3 of 6