Betterments/Cost Sharing. The City agrees that it shall specify and provide or pay costs for any Betterments that are incorporated into the Project at the request of the City and approved by the State. The Parties shall, through amendment of this Agreement, negotiate the work scope and cost of such Betterments prior to State proceeding with the design and construction of such Betterments. As used in this Agreement, "Betterment" means replacement of existing infrastructure with new where the infrastructure is beyond its useful life; or replacement with a kind, size or type of infrastructure facility that differs from that existing as of the commencement of this Agreement. If the facility is near the end of its useful life, the Parties agree to engage in a process to determine which portion of cost is considered a “Betterment” relative to the portion of expended useful life when compared to the entire useful life.
Betterments/Cost Sharing. The City agrees that it shall pay costs for any Betterments that are incorporated into the Project at the request of the City. The Parties shall, through modification of this Agreement, negotiate the work scope and cost of such Betterments prior to TriMet proceeding with the design and construction of such Betterments. As used in this Agreement, “Betterment” means replacement of existing infrastructure with new where the infrastructure is beyond its useful life; or replacement with a kind, size or type of infrastructure facility that differs from that existing as of the commencement of this Agreement. If the facility is near the end of its useful life, “Betterment” includes that portion of the cost associated with replacing new that is equivalent to the portion of the expended useful life when compared to the entire useful life. Other City projects constructed within or near the Project’s contract limits prior to Substantial Completion of the Project shall constitute a “Betterment,” if constructed by TriMet.
