Final 2024 1205 Council Agenda PacketMoses Lake City Council
Dustin Swartz, Mayor | Judy Madewell, Deputy Mayor | Don Myers, Council Member | Mark Fancher, Council Member
Deanna Martinez, Council Member | David Skaug, Council Member | Victor Lombardi, Council Member
Thursday, December 5, 2024
Moses Lake Civic Center – 401 S. Balsam
Special Meeting Agenda
Call to Order – 4:00 p.m.
Roll Call
New Business
#1 Accept TIB Grant for 2025 Chip Seal pg 2 Motion
#2 pg 11 Motion
Presented by Brian Baltzell, Public Works Director
Summary: Council to review and consider approval
Accept TIB Grant for SR17-Yonezawa Roundabout
Presented by Brian Baltzell, Public Works Director
Summary: Council to review and consider approval
Old Business
#3 2025 Budget Workshop
Presented by Mike Jackson, Interim City Manager
Summary: Discussion
Adjournment
Next Regular Council Meeting is scheduled for December 10, 2024
NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special
assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk
at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting.
COML Council Packet 12-5-24, Page 1 of 17
Council Staff Report
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
Mike Jackson, Interim City Manager 20931
Brian Baltzell, Public Works
Director Public Works
12/5/2024 New Business
Accept TIB Grant Funds 2025 Chip Seal - Pavement Preservation
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Staff recommends City Council motion to allow City Manager and/or Finance Director to execute grant
agreement and related documents on behalf of City of Moses Lake.
APP Segments - 1 - Moses Lake - 2025 Seal Coat.pdf 176.6KB
Grant Agreements - 1 - Moses Lake - 2025 Chip Seal.pdf 104.05KB
Funded - 1 - Moses Lake - 2025 Chip Seal.pdf 396.81KB
Staff applied for Pavement Preservation Program grant funds through the Transporation Improvement Board
(TIB) for our 2025 Chip Seal project with an estimated project cost of $1,307,023. Staff were notified November
22, 2024, of a maximum award in the amount of $1,045,618 with a minimum 20% matching fund requirement.
Staff have requested funds in the 2025 budget that will cover the matching fund requirement.
Total required City funds for completion of project will be reduced by the award amount.
Options and Results
Authorize City Manager and/or Finance Director to execute grant agreement documents to accept award.
Staff will bring back options for recommended changes.
COML Council Packet 12-5-24, Page 2 of 17
No Action Taken:
Staff will suspend execution of grant agreement.
COML Council Packet 12-5-24, Page 3 of 17
FY 2026 Seal Coat Program
Street Termini Pavement Length Pavement Width
Arterial Preservation Program (APP)
Approved Segment Listing MOSES LAKE
Third Avenue
Third Avenue
Division Street
Alder Street
Fifth Avenue
Wheeler Road
Hill Avenue
SR171 to Beech Street
Alder Street to Pioneer Way
Sixth Avenue to Fourth Avenue
Fifth Avenue to Fourth Avenue
Division Street to Pioneer Way
Fig Street to Road N NE (excepting SR17 vicinity)
Division Street to Clover Drive
3,295 feet
990 feet
785 feet
435 feet
1,645 feet
18,235 feet
4,280 feet
58 feet
58 feet
58 feet
58 feet
48 feet
48 feet
63 feet
COML Council Packet 12-5-24, Page 4 of 17
City of Moses Lake
3-E-162(001)-1
2025 Chip Seal
Multiple Locations
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
City of Moses Lake
AGREEMENT
THIS GRANT AGREEMENT (hereinafter “Agreement”) for the 2025 Chip Seal, Multiple
Locations (hereinafter “Project”) is entered into by the WASHINGTON STATE
TRANSPORTATION IMPROVEMENT BOARD (hereinafter “TIB”) and City of Moses Lake, a
political subdivision of the State of Washington (hereinafter “RECIPIENT”).
1.0 PURPOSE
For the project specified above, TIB shall pay 80.0000 percent of approved eligible project costs
up to the amount of $1,045,618, pursuant to terms contained in the RECIPIENT’S Grant
Application, supporting documentation, chapter 47.26 RCW and/or chapter 47.04 RCW, title 479
WAC, and the terms and conditions listed below.
2.0 SCOPE AND BUDGET
The Project Scope and Budget are initially described in RECIPIENT’s Grant Application and
incorporated by reference into this Agreement. Scope and Budget will be further developed and
refined, but not substantially altered during the Design, Bid Authorization and Construction
Phases. Any material alterations to the original Project Scope or Budget as initially described in
the Grant Application must be authorized by TIB in advance by written amendment.
3.0 PROJECT DOCUMENTATION
TIB requires RECIPIENT to make reasonable progress and submit timely Project
documentation as applicable throughout the Project. Upon RECIPIENT’s submission of each
Project document to TIB, the terms contained in the document will be incorporated by reference
into the Agreement. Required documents include, but are not limited to the following:
a) Project Funding Status Form
b) Bid Authorization Form with plans and engineers estimate
c) Award Updated Cost Estimate
d) Bid Tabulations
e) Contract Completion Updated Cost Estimate with final summary of quantities
f) Project Accounting History
4.0 BILLING AND PAYMENT
The local agency shall submit progress billings as project costs are incurred to enable TIB to
maintain accurate budgeting and fund management. Payment requests may be submitted as
COML Council Packet 12-5-24, Page 5 of 17
often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable
amounts are greater than $50,000. If progress billings are not submitted, large payments may
be delayed or scheduled in a payment plan.
5.0 TERM OF AGREEMENT
This Agreement shall be effective upon execution by TIB and shall continue through closeout of
the grant or until terminated as provided herein, but shall not exceed 10 years unless amended
by the Parties.
6.0 AMENDMENTS
This Agreement may be amended by mutual agreement of the Parties. Such amendments shall
not be binding unless they are in writing and signed by persons authorized to bind each of the
Parties.
7.0 ASSIGNMENT
The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this
Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to
assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a
waiver of the RECIPIENT’s other rights under this Agreement.
8.0 GOVERNANCE & VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the state of
Washington and venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
9.0 DEFAULT AND TERMINATION
9.1 NON-COMPLIANCE
a)In the event TIB determines, in its sole discretion, the RECIPIENT has failed to
comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT,
in writing, of the non-compliance.
b)In response to the notice, RECIPIENT shall provide a written response within 10
business days of receipt of TIB’s notice of non-compliance, which should include either a
detailed plan to correct the non-compliance, a request to amend the Project, or a denial
accompanied by supporting details.
c)TIB will provide 30 days for RECIPIENT to make reasonable progress toward
compliance pursuant to its plan to correct or implement its amendment to the Project.
d)Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and
may withhold further payments or prohibit the RECIPIENT from incurring additional
reimbursable costs during the investigation.
9.2 DEFAULT
RECIPIENT may be considered in default if TIB determines, in its sole discretion, that:
COML Council Packet 12-5-24, Page 6 of 17
a) RECIPIENT is not making reasonable progress toward correction and
compliance.
b) TIB denies the RECIPIENT’s request to amend the Project.
c) After investigation TIB confirms RECIPIENT’S non-compliance.
TIB reserves the right to order RECIPIENT to immediately stop work on the Project and
TIB may stop Project payments until the requested corrections have been made or the
Agreement has been terminated.
9.3 TERMINATION
a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2,
TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which
shall be served in person, by email or by certified letter. Upon service of notice of
termination, the RECIPIENT shall immediately stop work and/or take such action as may
be directed by TIB.
b) In the event of default and/or termination by either PARTY, the RECIPIENT may
be liable for damages as authorized by law including, but not limited to, repayment of
grant funds.
c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive
and are in addition to any other rights and remedies provided by law.
9.4 TERMINATION FOR NECESSITY
TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part,
because funds are no longer available for the purpose of meeting TIB’s obligations. If
this Agreement is so terminated, TIB shall be liable only for payment required under this
Agreement for performance rendered or costs incurred prior to the effective date of
termination.
10.0 USE OF TIB GRANT FUNDS
TIB grant funds come from Motor Vehicle Fuel Tax revenue and other revenue sources. Any
use of these funds for anything other than highway or roadway system improvements is
prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in
Section 9. If Right of Way is purchased using TIB funds, and some or all of the Right of Way is
subsequently sold, proceeds from the sale must be deposited into the RECIPIENT’s motor
vehicle fund and used for a motor vehicle purpose.
11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS
At Bid Award and Contract Completion, RECIPIENT may request an increase in the maximum
payable TIB funds for the specific project. Requests must be made in writing and will be
considered by TIB and awarded at the sole discretion of TIB. All increase requests must be
made pursuant to WAC 479-05-202 and/or WAC 479-01-060 and/or WAC 479-10-575. If an
increase is denied, the recipient shall be liable for all costs incurred in excess of the maximum
amount payable by TIB. In the event that final costs related to the specific project are less than
the initial grant award, TIB funds will be decreased and/or refunded to TIB in a manner that
maintains the intended ratio between TIB funds and total project costs, as described in Section
1.0 of this Agreement.
COML Council Packet 12-5-24, Page 7 of 17
12.0 INDEPENDENT CAPACITY
The RECIPIENT shall be deemed an independent contractor for all purposes and the
employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof
shall not in any manner be deemed employees of TIB.
13.0 INDEMNIFICATION AND HOLD HARMLESS
The PARTIES agree to the following:
Each of the PARTIES, shall 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, judgment, and/or awards of damages, arising out of, or in
any way resulting from, that PARTY’s own negligent acts or omissions which may arise in
connection with its performance under this Agreement. No PARTY will be required to
indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries,
death, or damages is caused by the sole negligence of the other PARTY. Where such claims,
suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions
provided herein shall be valid and enforceable only to the extent of a PARTY’s own negligence.
Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim,
demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For
this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the
other PARTY only, any immunity that would otherwise be available to it against such claims
under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions
of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney’s fees
and costs incurred from the other PARTY. The obligations of this Section shall survive
termination of this Agreement.
14.0 DISPUTE RESOLUTION
a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any
dispute arising under or in connection with this AGREEMENT. The dispute resolution
process outlined in this Section applies to disputes arising under or in connection with
the terms of this AGREEMENT.
b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes
promptly and at the lowest organizational level.
c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall
submit the matter to non-binding mediation facilitated by a mutually agreed upon
mediator. The PARTIES shall share equally in the cost of the mediator.
d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute
in order to avoid delays or additional incurred cost to the Project.
e) The PARTIES agree that they shall have no right to seek relief in a court of law until and
unless the Dispute Resolution process has been exhausted.
COML Council Packet 12-5-24, Page 8 of 17
15.0 ENTIRE AGREEMENT
This Agreement, together with the RECIPIENT’S Grant Application, the provisions of chapter
47.26 Revised Code of Washington and/or 47.04 Revised Code of Washington, the provisions
of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement
between the PARTIES and supersedes all previous written or oral agreements between the
PARTIES.
16.0 RECORDS MAINTENANCE
The RECIPIENT shall maintain books, records, documents, data and other evidence relating to
this Agreement and performance of the services described herein, including but not limited to
accounting procedures and practices which sufficiently and properly reflect all direct and indirect
costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain
such records for a period of six years following the date of final payment. At no additional cost,
these records, including materials generated under the Agreement shall be subject at all
reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the
Office of the State Auditor, and federal and state officials so authorized by law, regulation or
agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the
records shall be retained until all litigation, claims, or audit findings involving the records have
been resolved.
Approved as to Form
Attorney General
By:
Signature on file
Guy Bowman
Assistant Attorney General
Lead Agency Transportation Improvement Board
Chief Executive Officer Date Executive Director Date
Print Name Print Name
COML Council Packet 12-5-24, Page 9 of 17
Washington State
Transportation Improvement Board
TIB Members
Chair
Councilmember Sam Low
Snohomish County
Vice Chair
Mayor Hilda González
City of Granger
Susan Carter
Hopelink
Kent Cash
Port of Vancouver
Barbara Chamberlain
WSDOT
Dongho Chang
WSDOT
Scott Chesney
Spokane County
Vicky Clarke
Cascade Bicycle Club & Washington
Bikes
Nick Covey
Link Transit
Andrew Denham
Town of Twisp
Stephanie Forman
Forman Consulting
Preston Frederickson
City of Walla Walla
Commissioner Al French
Spokane County
Commissioner Scott Hutsell
Lincoln County
Councilmember Jon Pascal
City of Kirkland
Les Reardanz
Whatcom Transportation Authority
Mayor Kim Roscoe
City of Fife
Maria Thomas
Office of Financial Management
John Vicente
City of Kenmore
Jennifer Walker
Thurston County
Jane Wall
County Road Administration Board
Ashley Probart
Executive Director
P.O. Box 40901
Olympia, WA 98504‐0901
Phone: 360‐586‐1140
www.tib.wa.gov
Investing in your local community
November 22, 2024
Mike Jackson
Interim City Manager
City of Moses Lake
Post Office Drawer 1579
Moses Lake, WA 98837-0244
Dear Mike Jackson:
Congratulations! The Transportation Improvement Board (TIB) is pleased to announce
the selection of your project, 2025 Chip Seal, Multiple Locations, TIB project number 3-
E-162(001)-1.
TIB is awarding 80.0000% of approved eligible project costs with a maximum grant of
$1,045,618. Please see enclosed segment list for approved scope locations.
Before any work is permitted on this project, you must complete and email the following
items to your TIB engineer:
Verify the information on the attached Project Funding Status Form and revise,
if necessary. Sign and email a copy.
Sign and email one copy of the Fuel Tax Grant Distribution Agreement.
TIB also requires a design concept discussion scheduled prior to February 2025 as a condition of the grant award. Please schedule with your TIB Region Engineer.
You may only incur reimbursable expenses after you receive approval from TIB. This
project must advertise for bids no later than May 1 and construction activities
shall start no later than July 1 of the year of scheduled construction, unless TIB provides an extension in writing.
In accordance with RCW 47.26.084, you must certify full funding by November 22,
2025, or the grant may be terminated. Grants may also be rescinded due to
unreasonable project delays as described in WAC 479-05-211.
If you have questions, please contact Andrew Beagle, TIB NE Region Engineer, at
AndrewB@TIB.wa.gov.
Sincerely,
Ashley Probart
Executive Director
Enclosures
COML Council Packet 12-5-24, Page 10 of 17
Council Staff Report
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Mike Jackson, Interim City Manager 20929
Brian Baltzell, Public Works
Director Public Works
12/5/2024 New Business
Accept TIB Grant Funds SR17 Yonezawa Blvd (GC2022-081)
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Staff recommends City Council motion to allow City Manager and/or Finance Director to execute grant
agreement and related documents on behalf of City of Moses Lake.
Grant Agreements - 1 - Moses Lake - SR17 Yonezawa Roundabout.pdf 104.09KB
Funded - 1 - Moses Lake - SR17 Yonezawa Roundabout.pdf 342.39KB
Staff applied for Urban Arterial grant funds through Transportation Improvement Board (TIB) in the amount of
$2,500,000 in August 2024 to supplement construction cost for SR17/Yonezawa Intersection Improvement
project that consists of construction of multilane roundabout. Staff were notified November 22, 2024, of the
award up to $2,500,000. Due to previously awarded grant funds, no additional match is required.
Total required City funds for construction of project will be reduced by the award amount.
Options and Results
Authorize City Manager and/or Finance Director to execute grant agreement documents to accept award.
Staff will bring back options for recommended changes.
Staff will suspend execution of grant agreement.COML Council Packet 12-5-24, Page 11 of 17
City of Moses Lake
8-3-162(014)-1
SR17 Yonezawa Roundabout
Yonezawa Blvd Intersection
STATE OF WASHINGTON
TRANSPORTATION IMPROVEMENT BOARD
AND
City of Moses Lake
AGREEMENT
THIS GRANT AGREEMENT (hereinafter “Agreement”) for the SR17 Yonezawa Roundabout,
Yonezawa Blvd Intersection (hereinafter “Project”) is entered into by the WASHINGTON STATE
TRANSPORTATION IMPROVEMENT BOARD (hereinafter “TIB”) and City of Moses Lake, a
political subdivision of the State of Washington (hereinafter “RECIPIENT”).
1.0 PURPOSE
For the project specified above, TIB shall pay 38.1506 percent of approved eligible project costs
up to the amount of $2,500,000, pursuant to terms contained in the RECIPIENT’S Grant
Application, supporting documentation, chapter 47.26 RCW and/or chapter 47.04 RCW, title 479
WAC, and the terms and conditions listed below.
2.0 SCOPE AND BUDGET
The Project Scope and Budget are initially described in RECIPIENT’s Grant Application and
incorporated by reference into this Agreement. Scope and Budget will be further developed and
refined, but not substantially altered during the Design, Bid Authorization and Construction
Phases. Any material alterations to the original Project Scope or Budget as initially described in
the Grant Application must be authorized by TIB in advance by written amendment.
3.0 PROJECT DOCUMENTATION
TIB requires RECIPIENT to make reasonable progress and submit timely Project
documentation as applicable throughout the Project. Upon RECIPIENT’s submission of each
Project document to TIB, the terms contained in the document will be incorporated by reference
into the Agreement. Required documents include, but are not limited to the following:
a) Project Funding Status Form
b) Bid Authorization Form with plans and engineers estimate
c) Award Updated Cost Estimate
d) Bid Tabulations
e) Contract Completion Updated Cost Estimate with final summary of quantities
f) Project Accounting History
4.0 BILLING AND PAYMENT
The local agency shall submit progress billings as project costs are incurred to enable TIB to
maintain accurate budgeting and fund management. Payment requests may be submitted as
COML Council Packet 12-5-24, Page 12 of 17
often as the RECIPIENT deems necessary, but shall be submitted at least quarterly if billable
amounts are greater than $50,000. If progress billings are not submitted, large payments may
be delayed or scheduled in a payment plan.
5.0 TERM OF AGREEMENT
This Agreement shall be effective upon execution by TIB and shall continue through closeout of
the grant or until terminated as provided herein, but shall not exceed 10 years unless amended
by the Parties.
6.0 AMENDMENTS
This Agreement may be amended by mutual agreement of the Parties. Such amendments shall
not be binding unless they are in writing and signed by persons authorized to bind each of the
Parties.
7.0 ASSIGNMENT
The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this
Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to
assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a
waiver of the RECIPIENT’s other rights under this Agreement.
8.0 GOVERNANCE & VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the state of
Washington and venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
9.0 DEFAULT AND TERMINATION
9.1 NON-COMPLIANCE
a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to
comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT,
in writing, of the non-compliance.
b) In response to the notice, RECIPIENT shall provide a written response within 10
business days of receipt of TIB’s notice of non-compliance, which should include either a
detailed plan to correct the non-compliance, a request to amend the Project, or a denial
accompanied by supporting details.
c) TIB will provide 30 days for RECIPIENT to make reasonable progress toward
compliance pursuant to its plan to correct or implement its amendment to the Project.
d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and
may withhold further payments or prohibit the RECIPIENT from incurring additional
reimbursable costs during the investigation.
9.2 DEFAULT
RECIPIENT may be considered in default if TIB determines, in its sole discretion, that:
COML Council Packet 12-5-24, Page 13 of 17
a) RECIPIENT is not making reasonable progress toward correction and
compliance.
b) TIB denies the RECIPIENT’s request to amend the Project.
c) After investigation TIB confirms RECIPIENT’S non-compliance.
TIB reserves the right to order RECIPIENT to immediately stop work on the Project and
TIB may stop Project payments until the requested corrections have been made or the
Agreement has been terminated.
9.3 TERMINATION
a) In the event of default by the RECIPIENT as determined pursuant to Section 9.2,
TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which
shall be served in person, by email or by certified letter. Upon service of notice of
termination, the RECIPIENT shall immediately stop work and/or take such action as may
be directed by TIB.
b) In the event of default and/or termination by either PARTY, the RECIPIENT may
be liable for damages as authorized by law including, but not limited to, repayment of
grant funds.
c) The rights and remedies of TIB provided in the AGREEMENT are not exclusive
and are in addition to any other rights and remedies provided by law.
9.4 TERMINATION FOR NECESSITY
TIB may, with ten (10) days written notice, terminate this Agreement, in whole or in part,
because funds are no longer available for the purpose of meeting TIB’s obligations. If
this Agreement is so terminated, TIB shall be liable only for payment required under this
Agreement for performance rendered or costs incurred prior to the effective date of
termination.
10.0 USE OF TIB GRANT FUNDS
TIB grant funds come from Motor Vehicle Fuel Tax revenue and other revenue sources. Any
use of these funds for anything other than highway or roadway system improvements is
prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in
Section 9. If Right of Way is purchased using TIB funds, and some or all of the Right of Way is
subsequently sold, proceeds from the sale must be deposited into the RECIPIENT’s motor
vehicle fund and used for a motor vehicle purpose.
11.0 INCREASE OR DECREASE IN TIB GRANT FUNDS
At Bid Award and Contract Completion, RECIPIENT may request an increase in the maximum
payable TIB funds for the specific project. Requests must be made in writing and will be
considered by TIB and awarded at the sole discretion of TIB. All increase requests must be
made pursuant to WAC 479-05-202 and/or WAC 479-01-060 and/or WAC 479-10-575. If an
increase is denied, the recipient shall be liable for all costs incurred in excess of the maximum
amount payable by TIB. In the event that final costs related to the specific project are less than
the initial grant award, TIB funds will be decreased and/or refunded to TIB in a manner that
maintains the intended ratio between TIB funds and total project costs, as described in Section
1.0 of this Agreement.
COML Council Packet 12-5-24, Page 14 of 17
12.0 INDEPENDENT CAPACITY
The RECIPIENT shall be deemed an independent contractor for all purposes and the
employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof
shall not in any manner be deemed employees of TIB.
13.0 INDEMNIFICATION AND HOLD HARMLESS
The PARTIES agree to the following:
Each of the PARTIES, shall 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, judgment, and/or awards of damages, arising out of, or in
any way resulting from, that PARTY’s own negligent acts or omissions which may arise in
connection with its performance under this Agreement. No PARTY will be required to
indemnify, defend, or save harmless the other PARTY if the claim, suit, or action for injuries,
death, or damages is caused by the sole negligence of the other PARTY. Where such claims,
suits, or actions result from the concurrent negligence of the PARTIES, the indemnity provisions
provided herein shall be valid and enforceable only to the extent of a PARTY’s own negligence.
Each of the PARTIES agrees that its obligations under this subparagraph extend to any claim,
demand and/or cause of action brought by, or on behalf of, any of its employees or agents. For
this purpose, each of the PARTIES, by mutual negotiation, hereby waives, with respect to the
other PARTY only, any immunity that would otherwise be available to it against such claims
under the Industrial Insurance provision of Title 51 RCW. In any action to enforce the provisions
of the Section, the prevailing PARTY shall be entitled to recover its reasonable attorney’s fees
and costs incurred from the other PARTY. The obligations of this Section shall survive
termination of this Agreement.
14.0 DISPUTE RESOLUTION
a) The PARTIES shall make good faith efforts to quickly and collaboratively resolve any
dispute arising under or in connection with this AGREEMENT. The dispute resolution
process outlined in this Section applies to disputes arising under or in connection with
the terms of this AGREEMENT.
b) Informal Resolution. The PARTIES shall use their best efforts to resolve disputes
promptly and at the lowest organizational level.
c) In the event that the PARTIES are unable to resolve the dispute, the PARTIES shall
submit the matter to non-binding mediation facilitated by a mutually agreed upon
mediator. The PARTIES shall share equally in the cost of the mediator.
d) Each PARTY agrees to compromise to the fullest extent possible in resolving the dispute
in order to avoid delays or additional incurred cost to the Project.
e) The PARTIES agree that they shall have no right to seek relief in a court of law until and
unless the Dispute Resolution process has been exhausted.
COML Council Packet 12-5-24, Page 15 of 17
15.0 ENTIRE AGREEMENT
This Agreement, together with the RECIPIENT’S Grant Application, the provisions of chapter
47.26 Revised Code of Washington and/or 47.04 Revised Code of Washington, the provisions
of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement
between the PARTIES and supersedes all previous written or oral agreements between the
PARTIES.
16.0 RECORDS MAINTENANCE
The RECIPIENT shall maintain books, records, documents, data and other evidence relating to
this Agreement and performance of the services described herein, including but not limited to
accounting procedures and practices which sufficiently and properly reflect all direct and indirect
costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain
such records for a period of six years following the date of final payment. At no additional cost,
these records, including materials generated under the Agreement shall be subject at all
reasonable times to inspection, review or audit by TIB personnel duly authorized by TIB, the
Office of the State Auditor, and federal and state officials so authorized by law, regulation or
agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the
records shall be retained until all litigation, claims, or audit findings involving the records have
been resolved.
Approved as to Form
Attorney General
By:
Signature on file
Guy Bowman
Assistant Attorney General
Lead Agency Transportation Improvement Board
Chief Executive Officer Date Executive Director Date
Print Name Print Name
COML Council Packet 12-5-24, Page 16 of 17
Washington State
Transportation Improvement Board
TIB Members
Chair
Councilmember Sam Low
Snohomish County
Vice Chair
Mayor Hilda González
City of Granger
Susan Carter
Hopelink
Kent Cash
Port of Vancouver
Barbara Chamberlain
WSDOT
Dongho Chang
WSDOT
Scott Chesney
Spokane County
Vicky Clarke
Cascade Bicycle Club & Washington
Bikes
Nick Covey
Link Transit
Andrew Denham
Town of Twisp
Stephanie Forman
Forman Consulting
Preston Frederickson
City of Walla Walla
Commissioner Al French
Spokane County
Commissioner Scott Hutsell
Lincoln County
Councilmember Jon Pascal
City of Kirkland
Les Reardanz
Whatcom Transportation Authority
Mayor Kim Roscoe
City of Fife
Maria Thomas
Office of Financial Management
John Vicente
City of Kenmore
Jennifer Walker
Thurston County
Jane Wall
County Road Administration Board
Ashley Probart
Executive Director
P.O. Box 40901
Olympia, WA 98504‐0901
Phone: 360‐586‐1140
www.tib.wa.gov
Investing in your local community
November 22, 2024
Mike Jackson
Interim City Manager
City of Moses Lake
Post Office Drawer 1579
Moses Lake, WA 98837-0244
Dear Mike Jackson:
Congratulations! The Transportation Improvement Board (TIB) is pleased to announce
the selection of your project, SR17 Yonezawa Roundabout, Yonezawa Blvd
Intersection, TIB project number 8-3-162(014)-1.
TIB is awarding 38.1506% of approved eligible project costs with a maximum grant of
$2,500,000.
Before any work is permitted on this project, you must complete and email the following
items to your TIB engineer:
Verify the information on the attached Project Funding Status Form and revise,
if necessary. Sign and email a copy.
Submit the section of your adopted Six-Year Transportation Improvement Plan
listing this project.
Sign and email one copy of the Fuel Tax Grant Distribution Agreement.
You may only incur reimbursable expenses after you receive approval from TIB. This
project must advertise for bids no later than May 1 and construction activities
shall start no later than July 1 of the year of scheduled construction, unless TIB provides an extension in writing.
In accordance with RCW 47.26.084, you must certify full funding by November 22,
2025, or the grant may be terminated. Grants may also be rescinded due to
unreasonable project delays as described in WAC 479-05-211.
If you have questions, please contact Andrew Beagle, TIB Project Engineer, at
AndrewB@TIB.wa.gov.
Sincerely,
Ashley Probart
Executive Director
Enclosures
COML Council Packet 12-5-24, Page 17 of 17