2016/03/30 Council Agenda Packet

4 Section 36 Counterparts This AGREENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt all statements,representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned herein, and does hereby accept WSDOT's grant and agrees to all of the terms and conditions thereof. Section 37 Complete Agreement This document contains all covenants,stipulations, and provisions agreed upon by WSDOT.No agent or representative of WSDOT has authority to make, and WSDOT shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein or made by written amendment hereto. Section 38 Execution This AGREEMENT is executed by the Director, Public Transportation Division, State of Washington, Department of Transportation or the Director's designee, not as an individual incurring personal obligation and liability,but solely by, for and on behalf of the State of Washington, Department of Transportation, in the capacity as Director, Public Transportation Division,or as a designee. Section 39 Binding Agreement The undersigned acknowledge that they are authorized to execute this AGREEMENT and bind their respective agency(ies)and/or entity(ies)to the obligations set forth herein. IN WITNESS WHEREOF,the PARTIES hereto have executed this AGREEMENT the day and year last written below. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION CITY OF EVERETT By: Brian Lagerberg,Director Ray Stephanson Public Transportation Division Mayor Date: Date: Attest: APPROVED AS TO FORM Sharon Fuller City Clerk By: Susan Cruise Assistant Attorney General Date: Date: January 28,2016 Approved as to form only: James D. Iles City Attorney Date: GCB2316 Page 10 of l l 19