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HomeMy WebLinkAboutReg 2026-05-04 Item 6I - Contract Supplement #1 - Boeing Access Rd Overlay: Walkway Enhancements Design with Psomas Inc for $100,000City of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator AGENDA BILL ITEM NO. 6.1. 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 • Minutes from 04/27/26 Transportation & Infrastructure Committee Meeting - to be distributed separately 214 Washington State Department of Transportation upple enta A ee ent umber 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 215 Exhibit "A" Summary of Payments Basic Agreement Supplement #1 Total Direct Salary Cost _ Overhead (InC|udingP8yrO|AddiUv8S) � _ Direct Non -Salary Costs Fixed Fee Total DOT Form 1*0-063 EXHIBIT CITY OF TUKWILA Exhibit A Attachment 1 Scope of Work Page 1 of 4 S B0BNG ACCESS ROAD REHABILITATION PROJECT(NHPP-1380'005) PRELIMINARY DESIGN, FINAL DESIGN, AND CONSTRUCTION ADN1UN SERVICES PROJECT NO. 9TUK811600 Amendment 1 S Boeing Access Enhanced Walkway SCOPE OF WORK A. PROJECT DESCRIPTION /BACKGROUND 8Boeing Access Road ieafour-six lane commercial arterial. The project |innitnextend 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 VVoy 8 (not including the intersection. The project length is approximately 3.900 LF along oonter|ine, nrO.58 roadway miles. There is one signalized intersection in the middle of the project. The project crosses over Airport Way 8. BNGF Railroad Tracks, and Interstate 5 (1-5). S Boeing Aoomus Road is also comprised of anuthbnund 1-5 off ramp and a 1-5 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. AOAramps 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 nnaxinnunn extent feasible, as required. Traffic Loops will need to be n*p|emed in accordance with VV8[]C}T.Tukwila, and/or King County Standards. This project hooNodona|HighvvoySvyternPneoonxaUnnFedena|Fundaforbothdeoign 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 nneoounaa along the north side of Boeing Access Road. Improvements inc|ude, but may not be limited to: w Improve the shoulder onthe north side ofBoeing Access Road between the 8B 1-5 signalized intersection and the Martin Luther King Jr Way 8 signalized intersection. Potential treatments may include adding o striped buffer (two solid white lines) with COOUOuUuS O[intermittent vertical treatments within the buffer. The minimum width Ofthe "enhanced shoulder" would be 6'outside Ofthe buffer. The vertical treatments would meet Tuhvvi|o'smaintenance needs. w Additional treatments include improvements to the NB 1-5 loop ramp at the point ofintersection with VVBBoeing Access Road; the improvements desired include 1) steepen the angle Of intersection of the |OOp [@Dlp SO that the yield condition is reinforced, and 2)designate anenhanced pedestrian crossing. City nfTukwila 1 SBoeing Access Road Pavement Preservation Project Scope ofWork —Amendment 1 REV: January 2l,2U26 217 EXHIBIT B. ASSUMPTIONS Assumptions remain consistent with original contract C. PSOMAS DELIVERABLES Exhibit A Attachment 1 Scope of Work Page 2 of 4 Deliverables will be incorporated into original agreement but include plan production for proposed improvements. D. CITY OF T0KWILA 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 incoordination 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 todevelop 9O96and Bid Documents for the proposed pedestrian enhancement along Boeing Access Road. Design shall baincorporated into the original agreement. Up to three new plan sheets are anticipated for detailing proposed pedestrian enhancements and geometric adjustments. Task Dellivenmb|es: �~ Deliverables will be incorporated into final design documentation of original agreement. City nfTukwila Z SBoeing Access Road Pavement Preservation Project Scope ofWork —Amendment 1 REV: January 2l,2UZ6 218 PLAN 0 10 20 40 60 SCALE IN FEET 2' buffer with hachures, intermittent vertical objects type unknown) RT A 25+3 1.12' RT PLAN 0 10 20 40 60 SCALE IN FEET Mountable apron Vertical objects to indicate ansition from shoulder to dewalk; shown hematically CHANNELIZATION CONSTRUCTION NOTES u PLASi1C STOP BAR PER COT STD DETAIL RS-20. Di PLASTIC CROSSWALK BARS PER WSDOT 5TD PLAN M-15.10. I ' PLASTIC WOE 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) Realigned ramp end and pedestrian crossing A 26+47,97 T24N, R4E outside lane. Exhibit A Attachment 1 Agreement GCC 1377 Scope of Work Page 3 of 4 Consider 11' outside lane. 7 Q 3 STA' 26++, A35': RT FLJRLIC" WC)IZKS DF- FT_ ENGINEERING *STREETS WATERSEWERBU6LD6NG designed drawn checked 00 MEF date 09'25 09 25 0925 pros 020 pcni di[ field bh no PSOMAS CO3' EWO, AVENUE, COVE aoo A t1LE, WA 99121 JOG MC 1640 60% REVIEW SUBMITTAL S BOEING ACCESS WAY OVERLAY ROADWAY PLAN STA 18+80 TO STA 26+80 16 38 file5Nth100C'000'299 scale P=20. no time. 1 ra9is0ns date on 2025 219 2' min, buffer with hachure ermiltenl vertical objects type unknown) PLAN v 0 ID 20 40 60 SCALE IN FEET T24N, R4E 12 CHANNELIZATION CONSTRUCTION NOTES i ( PLASTIC STOP BAR PER COT STD DETAIL RS-20. ' 3 ( PLASTIC YELLOW DOUBLE CENTERLINE PER WSDOT STD PLAN M-20.10. PLASTIC WHITE EDGE UNE PER WSDOT STD PLAN M-20.10. PLASTIC LANE UNE PER WSDOT STD PLAN M-20.10. 71 PLASTIC YIELD LINE SYMBOL PER WSDOT SID PLAN M-24.60. PLASTIC WHITE MOE SOLID LANE LINE PER WSDOT STD PLAN M-20.10. PLASTIC YELLOW EDGE UNE PER WSDOT STD PLAN M-20.10. 14 PLASTIC H0V LANE SYMBOL PER WSDOT STD PLAN M-7.50. 116 OMFF--2.20RAMP FORE AREA MARKING LAYOUTS PER WSDOT SID PLAN Exhibit A Attachment 1 Agreement GCC 1377 Scope of Work Page 4 of 4 PLJBLIC WORKS *ENGINEERING*STREETS*WATER*SEWER*BUILDING* desicnal draw eheckod cw MEF date 09 25 0925 0925 prol cog prof di[ field bk no PSOMAS 3 3' ELUO, AVENUE, sunE ao0 A Ff., WA 98121 JOG 286 1640 60% REVIEW SUBMITTAL S BOEING ACCESS WAY OVERLAY ROADWAY PLAN STA 26+80 TO STA 31+05 17 38 ills no 5Nt01"S0010000200 xsle 0=20 n0 I time I rot i01On0 doe 082025 220 PS O M A S 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 Exhibit B Agreement GCC 1377 Estimate Page 1 of 1 Task No. $110.00 Task 1 Design of Pedestrain Walkway Labor Hour Estii $5510 Total Hou st Conlon Hours nd Labor ons by Task 1.1 Management and Coordination 4 12 24 40 40 120 7,893.32 1.2 Survey 20 20 40 $ 2,436.20 1.3 Design and Plan Production 4 24 40 60 80 24 8 240 $ 15,086.36 0 Task Total 36 64 100 120 20 20 24 400 25,415.88 Total Labor Hours and Fee 64 100 120 20 8 400 yt-. 1CR Overhead o 176=66% = 24 25,41588 44,89 Total Psoma Fixed Fee 30% = Fixed Fe ,624,7l Total Et 77,940.34 221 Washington State Department of Transportation , 9��cUaU Transo����at^�Dn Uann^n is �K� �� ^�* r�������K�� - _� '~� - Work by Planning OrganizationOrganization020OGou�no�erB�d0n -AC�U8| C�3� Project Manager Planning Agency Adam Cox, P.E. SoninrP—mMonager Transportation City of Tukwila .' Tukwila, VVA98188-8548 Statewide Vendor No.: GVVV001802300 Agreement Number GCC1377 Total Amount Authorized $100.000 Project Title and Description City ofTukwila (Planning Agency) will carry out design work for South Boeing Access Enhanced VVa|kway|mpmvmmontoPn�eot(Pn�a��)for pedestrian/bicycle safety byNBand SB1'5ramps. City will incorporate the design into Ci4/'sBoeing Access Road Overlay Project. Pn�*o1K�anagor�VVSDOT| AidenCesnidy VVorkComP|nhu»Da1e June 3O.2O27 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 1WSDOT and the Planning Agency recognize the need for the transportation planning project, herein after Project, as described above, and 2. Kisdeemed inthe best interest of WSDOT to participate in funding said Project for the mutual benefit of local and state roadway planning inthe area nfthe Project, and 3. WSDOT and the Planning Agency now wish to define responsibility for preparation of the transportation planning Project. Now therefore, pursuant 0uchapter 39.34RCVV . the above recitals, which are incorporated herein msi/set forth below, and in consideration of the terms, conditions, covenants, and performances contained herein, and in the Exhibits attached hereto and hereby made apart nfthis Agreement, itismutually agreed aafollows: 1. Scope ofWork 11 The Planning Agency shall undertake the Project as described above, which shall include the tasks set forth in Exhibit A, attached hereto, 2. Period ofPerformance 21 This Agreement shall commence upon execution. The Planning Agency's work shall be completed by June 30, 2027. Once the work has been completed, and final payment made to Planning Agency, this Agreement shall terminate, 3. Payment 31 YYGDOTagrees 0nreimburse the Planning Agency's actual direct and related indirect costs ofthe 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 in2CFR200.,F .00U(eotimaaomunded)p|un�ZV.00O(20Y6con fin genny)in$100.000(moximumamnunV 32 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 aoko the progress onthe planning effort. VV8DOTshall review and approve each request for payment and shall reimburse the Planning Agency thirty (30) business days after the date of receipt of invoice. 8.3 All indirect costs will boconsistent with the federal dominimusrate found in2C.FR,200nrbased onanindirect cost rate proposal that in approved by Planning Agency annually and maintained on file byfor audit purposes, |findirect costs are based onanapproved indirect cost allocation plan, the Planning Agency will provide a copy to WSDOT annually, or when updated. DOT Form uc4-0eo 4. Reports 41 The Planning Agency shall prepare and present to WSIDOT an annual progress report. The report shall be completed and submitted to WSIDOT within 30 calendar days of 6.30.2026 and 6.30.2027 (fiscal year end dates), and sh al I summarize work accomplished under the scope of work, costs incurred by work element, and shall identify any carryover of funds. 4.2 VV3D0T however, reserves the right to request an interim mport(s)during the fiscal year. The interim report(s) is due to VVGDOTwithin 21 calendar days of being notified in writing by WSIDOT. The interim report(s) shall include a summary ofwork progress during the course u/the fiscal year, costs incurred inaccordance with the approved scope ofwork and budget, and progress to date, including any problems or work delays. WSDOT may delay reimbursement of billings if the requested interim roport(s)isnot submitted inatimely 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 0anns ofthis Agreement shall be valid unless made in writing and signed by authorized representatives of the Parties hereto. U. Audits, Inspection, and Retention nfRecords 61 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 moordo, during nomno| 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 ofthis Agreement. 0.2 In accordance with 2 CFR 200, the Planning Agency is required to arrange for audit of funds expended. 0.5 The Public Records Act, RCW 42.56 shall apply to all information and documents, both paper and electronic, submitted to VVSDOT If federal funds are applied the Planning Agency understands and agrees that the Freedom of Information Act (F0A).5U.S.C. § 552 shall also apply to all information and documents, both paper and electronic, submitted to WSIDOT. The Planning Agency should therefore be aware that all applications and materials submitted will become agency records and are subject \npublic release through state and federal disclosure requests. 7. Termination 71 Termination for Convenience. WSIDOT and/or the Planning Agency may suspend or terminate this AGREEMENT, in whole orinpart, and all orany part of the financial assistance provided herein, at any time by written notice to the other Party. WSIDOT 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 ueae ofpartial termination, VVGDOTde0arminea 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: 711 The requisite funding becomes unavailable through failure of appropriation or otherwise; 7.12 WSIDOT determines, in its sole discretion, that the continuation of the Project would not produce beneficial results commensurate with the further expenditure nffunds; 7.1.3 The Planning Agency is prevented from proceeding with the Project as a direct result ofanExecutive Order ofthe 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 bythe continuation offinancial assistance for the Project. DOT Form uc4-0eo 223 72 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: 72.1 Takes any action pertaining Vothis AGREEMENT without the approval ofVYGDOTwhich under the procedures of this AGREEMENT would have required the approval ofVV8DOT; 72.2 Jeopardizes its ability to perform pursuant Vzthis AGREEMENT United Otmton of America |awn. Washington state laws, or local governmental laws under which the Planning Agency operates; 72.3 Fails to make reasonable progress on the Project or other violation of this AGREEMENT that endangers substantial performance ofthe 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 ofthis AGREEMENT. VVSDOTshall serve anotice o/termination onthe Planning Agency setting forth the manner inwhich the Planning Agency ipindefault hereunder. |/itislater determined byVYSDOTthat 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 VVSDOTinits sole discretion may, in the case of a termination for breach or default, allow the Planning Agency ten (10) business days, orsuch longer period asdetermined byVV8DOT inwhich 0ocure the defect. |nsuch case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. |fthe 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. 7A |nthe 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 nro/any other term, covenant, orcondition ofthis AGREEMENT. 7.5 If this AGREEMENT is terminated, whether for convenience or for default, before the specified end date set forth in Section 21 o-ft-his--A-G-REEMENT above, WSDOT and the Planning Agency shall execute an amendment to this AGREEMENT identifying the termination date and the reason for termination. V. Applicable Laws 8] 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 nrlocal |aw, no provision ofthe 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, ifnecessary, expeditiously, terminate the AGREEMENT. 9. Indemnification 81 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 ofthe indemnifying Party, its agents, officials uremployees. 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 u2*-0eo 10. Subcontracting 101 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] Current state travel rates shall apply toall in -state and nut -of -state travel for which reimbursement ioclaimed during the term nfthis 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 bythe Planning Agency using federal funds insubject k/ federal rules and regulations anoutlined in2C.FR.pt. 20O. |naddition, all travel bythe 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] No liability shall attach to WSDOT or the Planning Agency by reason of entering into this Agreementexcept aaexpressly provided herein. 13. Venue 131 |nthe event that either Party deems hnecessary {ninstitute legal action orproceedings Voenforce anyhghtorob|igation under this Agreement, the Parties hereto agree that any such action shall beinitiated inthe Superior Court nfthe State o/ Washington situated in Thurston County. The Parties agree that the laws nfthe State ofWashington shall apply. 14k Independent Contractor 141 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 o/VVSDOT 15. 8everubi|ity 151 If any covenant or provision in this Agreement shall be adjudged void, such adjudication shall not affectthe 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 10.1 All equipment to be purchased under this Agreement shall be listed in the scope of work. All equipment must be purchased, managed, and disposed nfinaccordance with 2CFR200 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. |nWitness 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 uc4-0eo 225