Loading...
HomeMy WebLinkAboutTIS 2026-04-27 Item 1G - Contract Supplement #1 - Boeing Access Rd Overlay Design with Psomas IncCity of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator AGENDA BILL ITEM NO. 1.G. Agenda Item Sponsor Legislative History Recommended Motion Boeing Access Road Overlay - Design Supplement #1 Adam Cox, Senior Program Manager - Transportation Public Works Department April 27, 2026 Transportation & Infrastructure Services Committee May 4, 2026 Regular Meeting Consent ❑ Discussion Only © Action Requested MOVE TO authorize the Mayor to sign a Supplemental Agreement with Psomas Inc. for Boeing Access Road Overlay in the amount of $100,000.00 EXECUTIVE SUMMARY Supplemental Agreement #1 with Psomas, Inc. provides an enhanced walkway and pedestrian facilities from Martin Luther King Jr. Way west to the southbound 1-5 offramp. Staff is requesting this item be forwarded to the May 4th Regular Consent Agenda. DISCUSSION WSDOT's Active Transportation group contacted the City to discuss the possibility of adding a walkway enhancement along Boeing Access Road. Their request came at an ideal time, as the Boeing Access Road overlay project was already in the design phase. After further discussions, WSDOT provided approval to incorporate a walkway into the pavement preservation project, allowing the improvement to be efficiently added to the existing scope. FINANCIAL IMPACT Disclaimer: Final terms and scope of work subject to review by the City Attorney • Expenditure - Budgeted ❑x Expenditure - Unbudgeted Expenditures: Fund Source: $77,940.34 $22,059.66 — Contingency WSDOT Active Transportation Group la Expenditure - Grant -Funded ❑ Revenue — One -Time (e.g. asset sale, surplus equipment) ❑ Revenue - Ongoing $100,000.00 — Total Contractor (if applicable) Psomas, Inc. Scope of Work: Preliminary design, final design, and construction administrative services. Amount: $100.000.00 Duration: No Change ATTACHMENTS Form 140-063 BAR Overlay Supplement No 1 Exhibit A Scope of Work Exhibit B Cost Estimate Special Transportation Planning Study Agreement with WSDOT 182 WWashington State AI Department of Transportation Supplemental Agreement Number 01 Organization and Address Psomas, Inc. 3131 Elliott Ave, Suite 400 Seattle WA, 98121 Phone: 815-483-6220 Original Agreement Number NHPP 1380(005) Project Number NHPP 1380(005) Execution Date Completion Date 12.31.26 Project Title Boeing Access Road Overlay New Maximum Amount Payable $100,000.00 Description of Work S Boeing Access Road is a four -six lane commercial arterial. The project limits extend from the signalized intersection at East Marginal Way (not including the intersection) to the west side of the signalized intersection The Local Agency of City of Tukwila desires to supplement the agreement entered in to with Psomas, Inc. and executed on 3/3/25 and identified as Agreement No 25- 075 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: Please see Exhibit A 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read. No changes III Section V, PAYMENT, shall be amended as follows: As part of this supplement, an amount of $100,000.00 is amended to the contact, per attached Exhibit B and the Special Transportation Planning Study Agreement Form 224-0810 as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By: Bryce Corrigan, PE By. Thomas McLeod Consultant Signature Approving Authority Signature DOT Form 140-063 Revised 09/2005 Date 183 Exhibit "A" Summary of Payments Basic Agreement Supplement #1 Total Direct Salary Cost Overhead (Including Payroll Additives) Direct Non -Salary Costs Fixed Fee Total DOT Form 140-063 1 84 Revised 09/2005 EXHIBIT A CITY OF TUKWILA S BOEING ACCESS ROAD REHABILITATION PROJECT (NHPP-1380.005) PRELIMINARY DESIGN, FINAL DESIGN, AND CONSTRUCTION ADMIN SERVICES PROJECT NO. 9TUK011600 Amendment 1 S Boeing Access Enhanced Walkway SCOPE OF WORK January 21, 2026 A. PROJECT DESCRIPTION / BACKGROUND S Boeing Access Road is a four -six lane commercial arterial. The project limits extend from the signalized intersection at East Marginal Way (not including the intersection) to the west side of the signalized intersection at Martin Luther King Jr Way S (not including the intersection. The project length is approximately 2,900 LF along centerline, or 0.56 roadway miles. There is one signalized intersection in the middle of the project. The project crosses over Airport Way S, BNSF Railroad Tracks, and Interstate 5 (1-5). S Boeing Access Road is also comprised of a southbound 1-5 off ramp and al-5 northbound on and off ramp. The bridge deck over BNSF is the City of Tukwila's responsibility for maintenance and the wearing course is deteriorating and requires replacement. The asphalt has aged to varying degrees of deterioration and needs rehabilitation. ADA ramps and push buttons that are within grind and overlay limits that do not meet current ADA requirements will be identified and replaced or documented to maximum extent feasible, as required. Traffic Loops will need to be replaced in accordance with WSDOT, Tukwila, and/or King County Standards. This project has National Highway System Preservation Federal Funds for both design and construction. Additional funds may be provided by the City of Tukwila. The goal is to advertise the Project for Bids in January 2027. This Amendment consists of designing and incorporating various pedestrian safety measures along the north side of Boeing Access Road. Improvements include, but may not be limited to: • Improve the shoulder on the north side of Boeing Access Road between the SB 1-5 signalized intersection and the Martin Luther King Jr Way S signalized intersection. Potential treatments may include adding a striped buffer (two solid white lines) with continuous or intermittent vertical treatments within the buffer. The minimum width of the "enhanced shoulder" would be 6' outside of the buffer. The vertical treatments would meet Tukwila's maintenance needs. • Additional treatments include improvements to the NB 1-5 loop ramp at the point of intersection with WB Boeing Access Road; the improvements desired include 1) steepen the angle of intersection of the loop ramp so that the yield condition is reinforced, and 2) designate an enhanced pedestrian crossing. City of Tukwila 1 S Boeing Access Road Pavement Preservation Project Scope of Work —Amendment 1 REV: January 21, 2026 185 EXHIBIT A B. ASSUMPTIONS Assumptions remain consistent with original contract C. PSOMAS DELIVERABLES Deliverables will be incorporated into original agreement but include plan production for proposed improvements. D. CITY OF TUKWILA PROVIDED ITEMS: No changes in this amendment. E. SCOPE OF WORK TASK 1 — DESIGN OF ENHANCED WALKWAY 1.1 The Consultant will support the City in coordination with and between the various WSDOT agencies and coordinate the proposed designs into the contract documents. 1.2 The Consultant shall perform detailed field survey for the proposed pedestrian enhancement. 1.3 The Consultant shall develop design documentation to develop 90% and Bid Documents for the proposed pedestrian enhancement along Boeing Access Road. Design shall be incorporated into the original agreement. Up to three new plan sheets are anticipated for detailing proposed pedestrian enhancements and geometric adjustments. Task 1 Deliverables: ➢ Deliverables will be incorporated into final design documentation of original agreement. City of Tukwila 2 S Boeing Access Road Pavement Preservation Project Scope of Work —Amendment 1 REV: January 21, 2026 186 STr+57.24 TA.,Stl' RT PLAN 0 10 20 40 60 SCALE IN FEET 2' buffer with hachures, Intermittent vertical objects (type unknown) PLAN 0 10 20 40 60 SCALE IN FEET ountable apron Vertical objects to indicate transition from shoulder to sidewalk; shown schematically CHANNELIZATION CONSTRUCTION NOTES u PLASTIC STOP BAR PER COT STD DETAIL RS-20. Di PLASTIC CROSSWALK BARS PER WSDOT STD PLAN M-15.10. I ' I PLASTIC WHITE EDGE LINE PER WSDOT STD PLAN M-20.10. PLASTIC LANE LINE PER WSDOT STD PLAN M-20.10. 2' buffer with hachures, intermittent vertical objects (type unknown) Consider ' outside lane. Realigned ramp end and pedestrian crossing T24N, R4E Exhibit A Attachment 1 Agreement GCC 1377 Scope of Work Page 3 of 4 Consider 11' outside lane. 64127 Q 3 FLJRLIC: WC)RIKS If;› F- FT_ * ENGINEERING* STREETS«WATER*SEWER*BUILDING* designed drawn checked 00 MEF date 09 25 0925 09'25 pro} 002 prof di[ field bh no PSOMAS 3, BIJOU AVENUE, sunE aoo A n., WA 98121 206 286 1640 60% REVIEW SUBMITTAL S BOEING ACCESS WAY OVERLAY ROADWAY PLAN STA 18+80 TO STA 26+80 no Idele 1 rotisens 38 idle no 5nithl"00 IP,M 200 scale r=22 date on 2025 16 187 2' min, buffer with hachures, intermittent vertical objects hype unknown) PLAN 0 ID 20 40 60 SCALE IN FEET T24N, R4E I16I CHANNELIZATION CONSTRUCTION NOTES PLASTIC STOP BAR PER COT STD DETAIL RS-20. PLASTIC YELLOW DOUBLE CENTERLINE PER WSDOT STD PLAN M-20.10. LLI PLASTIC WHITE EDGE UNE PER WSDOT STD PLAN M-20.10. PLASTIC LANE UNE PER WSDOT STD PLAN M-20.10. 11 PLASTIC YIELD LINE SYMBOL PER WSDOT STD PLAN M-24.60. 12 PLASTIC WNME WIPE SOUR LANE LINE PER WSDOT STD PLAN M-20.10. 13 PLASTIC YELLOW EDGE UNE PER WSDOT STD PLAN M-20.10. 14 PLASTIC NOV LANE SYMBOL PER WSDOT S1D PLAN M-7.50. OFF -RAMP FORE AREA MARKING LAYOUTS PER WSDOT SID PLAN M-2.20. Exhibit A Attachment 1 Agreement GCC 1377 Scope of Work Page 4 of 4 PUBLIC Wd.)1 KS I?E- PT'_ *ENGINEERING*STREETS.WATERkSEWER*BUILDING* dsend draw chocked C20 MEF date 09 25 0929 0925 pror cog pcoj di[ field bk no PSOMAS 3 31 ELLIOTT AVENUE, S U,1E ao0 S LAG., WA 99121 JOG MG 1640 60% REVIEW SUBMITTAL S BOEING ACCESS WAY OVERLAY ROADWAY PLAN STA 26+80 TO STA 31+05 17 38 ill, n0 5211:901.099990'949 xsle r=20. no I data .iSIOn� date on 2025 188 PSOMAS EXHIBIT B PRIME CONSULTANT COST COMPUTATIONS Client: Project Name: Psomas Project Number: Date: City of Tukwila S Boeing Access Road Walkway 9TUK011600 1/21/2026 Task' No. $80.28;. 0 Total Hours,. Cost Computat Labor.'. by Task Task 1 Design of Pedestrain Walkway 1.1 Management and Coordination 4 12 24 40 40 120 7,893.32 1.2 1.3 Survey Design and Plan Production 4 24 40 60 80 20 20 24 40 8 240 2,436.20 $ 15,086.36 0 Task Total 36 64 100 120 20 20 24 400 25,415.88 Tot or Hours and Fee 36 64 100 120 20 20 24 1CROverhead 400 25,415.88 Fixed Fee 0 24.76 Total Psomas (DL + OH + Fixed Fee) 7,940.34> 77,940 34' 189 Washington State Department of Transportation Special Transportation Planning Study Agreement Work by Planning Organization - Actual Cost Organziation and Address Adam Cox, P.E. Senior Program Manager - Transportation City of Tukwila 6200 Southcenter Blvd., Tukwila, WA 98188-8548 Statewide Vendor No.: SWV0018023 00 Agreement Number GCC 1377 Total Amount Authorized $100,000 Project Title and Description City of Tukwila (Planning Agency) will carry out design work for South Boeing Access Enhanced Walkway Improvements Project (Project) for pedestrian/bicycle safety by NB and SB 1-5 ramps. City will incorporate the design into City's Boeing Access Road Overlay Project. Project Manager Aidan Cassidy Agreement Expiration Date June 30, 2027 This Agreement is between the Washington State Department of Transportation (WSDOT) and the above -named organization (Planning Agency) hereinafter referred to individually as the "Party" and collectively as the "Parties." Recitals 1. WSDOT and the Planning Agency recognize the need for the transportation planning project, herein after Project, as described above, and 2. It is deemed in the best interest of WSDOT to participate in funding said Project for the mutual benefit of local and state roadway planning in the area of the Project, and 3. WSDOT and the Planning Agency now wish to define responsibility for preparation of the transportation planning Project. Now therefore, pursuant to chapter 39.34 RCW , the above recitals, which are incorporated herein as if set forth below, and in consideration of the terms, conditions, covenants, and performances contained herein, and in the Exhibits attached hereto and hereby made a part of this Agreement, it is mutually agreed as follows: 1. Scope of Work 1.1 The Planning Agency shall undertake the Project as described above, which shall include the tasks set forth in Exhibit A, attached hereto. 2. Period of Performance 2.1 This Agreement shall be effective upon execution and shall terminate upon the expiration date listed above or final payment has been accepted. 3. Payment 3.1 WSDOT agrees to reimburse the Planning Agency's actual direct and related indirect costs of the Project. The maximum amount that WSDOT shall reimburse the Planning Agency shall not exceed the "Total Amount Authorized" listed above. Payment by task shall be made as set forth in Exhibit B. All costs must be consistent with the Federal cost principles contained in 2 CFR 200. 3.2 The Planning Agency may submit requests to the WSDOT for reimbursement of funds as they are expended on activities at any time, but not more frequently than one (1) such request every month. Such requests for reimbursement shall document the amount of funds that have been expended during the contract period, as well as for the current billing period. The request for reimbursement shall contain sufficient detail to inform WSDOT and any other entities providing funding for the work as to the progress on the planning effort. WSDOT shall review and approve each request for payment and shall reimburse the Planning Agency thirty (30) business days after the date of receipt of invoice. 3.3 All indirect costs will be consistent with the federal de minimus rate found in 2 C.F.R. 200 or based on an indirect cost rate proposal that is approved by Planning Agency annually and maintained on file by for audit purposes. If indirect costs are based on an approved indirect cost allocation plan, the Planning Agency will provide a copy to WSDOT annually, or when updated. DOT Form 224-080 1 90 Revised 07/2022 4. Reports 4.1 The Planning Agency shall prepare and present to WSDOT an annual progress report. The report shall be completed and submitted to WSDOT within 30 calendar days following the end of each fiscal year. This annual report shall summarize work accomplished under the scope of work, costs incurred by work element, and shall identify any carryover of funds. 4.2 WSDOT however, reserves the right to request an interim report(s) during the fiscal year. The interim report(s) is due to WSDOT within 21 calendar days of being notified in writing by WSDOT. The interim report(s) shall include a summary of work progress during the course of the fiscal year, costs incurred in accordance with the approved scope of work and budget, and progress to date, including any problems or work delays. WSDOT may delay reimbursement of billings if the requested interim report(s) is not submitted in a timely manner. 4.3 The final product of this agreement will provide documentation of all technical data and their analysis. The Planning Agency shall submit copies of the final product to WSDOT for acceptance. Electronic submittal is acceptable. This requirement for a final product may be waived in writing by WSDOT, with email being acceptable. 5. Modifications or Amendments 5.1 Either Party may request changes in these provisions. Such changes which are mutually agreed upon shall be incorporated as written amendments to this Agreement. No variation or alteration of the terms of this Agreement shall be valid unless made in writing and signed by authorized representatives of the Parties hereto. 6. Audits, Inspection, and Retention of Records 6.1 All records related to this Agreement shall be held and kept available for inspection and audit for a period of six (6) years from the date of termination of this Agreement or any final payment authorized under this Agreement, whichever is later. Each Party shall have full access to and right to examine said records, during normal business hours and as often as deemed necessary. In the event of litigation or claim arising from the performance of this Agreement, the Parties agree to maintain the records and accounts until such litigation, appeal or claims are finally resolved. This section shall survive the termination of this Agreement. 6.2 In accordance with 2 CFR 200, the Planning Agency is required to arrange for audit of funds expended. 6.3 The Public Records Act, RCW 42.56 shall apply to all information and documents, both paper and electronic, submitted to WSDOT. If federal funds are applied the Planning Agency understands and agrees that the Freedom of Information Act (FOIA), 5 U.S.C. § 552 shall also apply to all information and documents, both paper and electronic, submitted to WSDOT. The Planning Agency should therefore be aware that all applications and materials submitted will become agency records and are subject to public release through state and federal disclosure requests. 7. Termination 7.1 Termination for Convenience. WSDOT and/or the Planning Agency may suspend or terminate this AGREEMENT, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the other Party. WSDOT and the Planning Agency shall agree upon the AGREEMENT termination provisions including but not limited to the settlement terms, conditions, and in the case of partial termination the portion to be terminated. Written notification must set forth the reasons for such termination, the effective date, and in case of a partial termination the portion to be terminated. However, if in the case of partial termination, WSDOT determines that the remaining portion of the award will not accomplish the purposes for which the award was made, WSDOT may terminate the award in its entirety. The Parties may terminate this AGREEMENT for convenience for reasons including, but not limited to, the following: 7.1.1 The requisite funding becomes unavailable through failure of appropriation or otherwise; 7.1.2 WSDOT determines, in its sole discretion, that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds; 7.1.3 The Planning Agency is prevented from proceeding with the Project as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense; or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources; 7.1.4 The Planning Agency is prevented from proceeding with the Project by reason of a temporary preliminary, special, or permanent restraining order or injunction of a court of competent jurisdiction where the issuance of such order or injunction is primarily caused by the acts or omissions of persons or agencies other than the Planning Agency; or 7.1.5 The State Government determines that the purposes of the statute authorizing the Project would not be adequately served by the continuation of financial assistance for the Project. DOT Form 224-080 Revised 07/2022 191 7.2 Termination for Default. WSDOT may suspend or terminate this AGREEMENT for default, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the Planning Agency, if the Planning Agency materially breaches or fails to perform any of the requirements of this AGREEMENT, including: 7.2.1 Takes any action pertaining to this AGREEMENT without the approval of WSDOT, which under the procedures of this AGREEMENT would have required the approval of WSDOT; 7.2.2 Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of America laws, Washington state laws, or local governmental laws under which the Planning Agency operates; 7.2.3 Fails to make reasonable progress on the Project or other violation of this AGREEMENT that endangers substantial performance of the Project; or 7.2.4 Fails to perform in the manner called for in this AGREEMENT or fails, to comply with, or is in material violation of, any provision of this AGREEMENT. WSDOT shall serve a notice of termination on the Planning Agency setting forth the manner in which the Planning Agency is in default hereunder. If it is later determined by WSDOT that the Planning Agency had an excusable reason for not performing, such as events which are not the fault of or are beyond the control of the Planning Agency, such as a strike, fire or flood, WSDOT may: (a) allow the Planning Agency to continue work after setting up a new delivery of performance schedule, or (b) treat the termination as a termination for convenience. 7.3 WSDOT, in its sole discretion may, in the case of a termination for breach or default, allow the Planning Agency ten (10) business days, or such longer period as determined by WSDOT, in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If the Planning Agency fails to remedy to WSDOT's satisfaction the breach or default within the timeframe and under the conditions set forth in the notice of termination, WSDOT shall have the right to terminate this AGREEMENT without any further obligation to Planning Agency. Any such termination for default shall not in any way operate to preclude WSDOT from also pursuing all available remedies against Planning Agency and its sureties for said breach or default. 7.4 In the event that WSDOT elects to waive its remedies for any breach by Planning Agency of any covenant, term or condition of this AGREEMENT, such waiver by WSDOT shall not limit WSDOT's remedies for any succeeding breach of that or of any other term, covenant, or condition of this AGREEMENT. 7.5 If this AGREEMENT is terminated, whether for convenience or for default, before the specified end date set forth in the caption header, "Term of Agreement", WSDOT and the Planning Agency shall execute an amendment to this AGREEMENT identifying the termination date and the reason for termination. 8. Applicable Laws 8.1 The Planning Agency agrees to abide by all applicable state and federal laws and regulations including but not limited to, those concerning employment, equal opportunity employment, nondiscrimination assurances, project record keeping necessary to evidence compliance with such federal and state laws and regulations, and retention of all such records. The Planning Agency will adhere to all applicable nondiscrimination provisions in chapter 49.60 RCW. Except when a federal statute or regulation preempts state or local law, no provision of the AGREEMENT shall require the Planning Agency to observe or enforce compliance with any provision, perform any other act, or do any other thing in contravention of state or local law. If any provision or compliance with any provision of this AGREEMENT violate state or local law, or would require the Planning Agency to violate state or local law, the Planning Agency agrees to notify WSDOT immediately in writing. Should this occur, WSDOT and the Planning Agency agree to make appropriate arrangements to proceed with or, if necessary, expeditiously, terminate the AGREEMENT. 9. Indemnification 9.1 Each Party to this Agreement will protect, defend, indemnify, and save harmless the other Party, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and property), arising out of, or in any way resulting from, each Party's negligent acts or omissions with respect to the provisions of this Agreement. Neither Party will be required to indemnify, defend, or save harmless the other Party if the claim, suit, or action for injuries, death, or damages (both to persons and property) is caused by the sole negligence of the other Party. Where such claims, suits, or actions result from the concurrent negligence of the Parties, their agents, officials or employees, and/or involve those actions covered by RCW 4.24.115, the indemnity provisions provided herein will be valid and enforceable only to the extent of the negligence of the indemnifying Party, its agents, officials or employees. 9.2 Further, the Planning Agency specifically assumes potential liability for actions brought by its own employees or agents against WSDOT and, solely for the purpose of this indemnification and defense, the Planning Agency specifically waives any immunity under State industrial insurance laws, Title 51 RCW. 9.3 The provisions of this Section shall survive the termination of this Agreement. DOT Form 224-080 1 92 Revised 07/2022 10. Subcontracting 10.1 The services of the Planning Agency are to be directed by the Project Manager identified above. The Planning Agency shall not assign, sublet, or transfer any of the work provided for under this Agreement without prior written approval from WSDOT, and WSDOT shall review and approve the Planning Agency's consultant agreement prior to execution. The Planning Agency shall comply with all Federal and State laws and regulations governing the selection and employment of consultants. WSDOT reserves the right to appoint a representative to serve on the Consultant Selection Committee. Subcontracts greater than $10,000 must contain all the required provisions of this contract. 11. Travel 11.1 Current state travel rates shall apply to all in -state and out-of-state travel for which reimbursement is claimed during the term of this Agreement. Reimbursement of travel expenses is limited to travel necessary for the completion of the Scope of this Agreement. All travel by the Planning Agency using state funds is subject to state travel rules as outlined in the State Administrative & Accounting Manual (SAAM). All travel by the Planning Agency using federal funds is subject to federal rules and regulations as outlined in 2 C.F.R. pt. 200. In addition, all travel by the Planning Agency using federal funds must be in compliance with its own internal policies, those of the fiscal agent, or the State's policies, whichever is more restrictive. 11.2 Any out-of-state travel must have prior written approval of WSDOT to be eligible for reimbursement. Current WSDOT travel regulations and rates shall apply to all in -state and out-of-state travel for which reimbursement is claimed during the term of this Agreement. 12. Liability 12.1 No liability shall attach to WSDOT or the Planning Agency by reason of entering into this Agreement except as expressly provided herein. 13. Venue 13.1 In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties hereto agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston County. The Parties agree that the laws of the State of Washington shall apply. 14. Independent Contractor 14.1 The Planning Agency shall be deemed an independent contractor for all purposes and the employees of the Planning Agency or any of its contractors, subcontractors, and the employees thereof, shall not in any manner be deemed to be employees of WSDOT. 15. Severability 15.1 If any covenant or provision in this Agreement shall be adjudged void, such adjudication shall not affect the validity, obligation, or performance of any other covenant or provision which in itself is valid, if such remainder would then continue to conform to the terms and requirements of applicable law and the intent of this contract. 16. Equipment 16.1 All equipment to be purchased under this Agreement shall be listed in the scope of work. All equipment must be purchased, managed, and disposed of in accordance with 2 CFR 200 17. Counterpart and Electronic Signature 17.1 This Agreement may be signed in multiple counterparts, each of which constitutes an original and all of which taken together constitute one and same Agreement. Electronic signatures or signatures transmitted via e-mail in a "PDF" may be used in place of original signatures on this Agreement. The Parties intend to be bound by its electronic or "PDF" signature on this Agreement, are aware that the other Parties are relying on its electronic or "PDF" signature and waives any defenses to the enforcement of this Agreement based upon the form of signature. In Witness Whereof, the Parties hereto have executed this Agreement as of the Party's date last signed below Planning Agency - City of Tukwila Washington State Department of Transportation Sign and Date Sign and Date Print Name Print Name Title Title DOT Form 224-080 Revised 07/2022 193