Date of Adoption: March 29, 1999.

Purpose: The rules shown below are being revised to update current language, provide needed language to reflect the current procedures of the Transportation Improvement Board (TIB) programs, and to reflect desired changes in the TIB programs.

Citation of Existing Rules Affected by this Order: Amending WAC 479-16-020, 479-16-040, 479-16-098, 479-20-007, 479-20-020, 479-20-025, and 479-20-037.

Statutory Authority for Adoption: Chapter 47.26 RCW.

Adopted under notice filed as WSR 99-03-089 on January 20, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 7, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 7, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

March 29, 1999

Jerry M. Fay

Executive Director

OTS-2505.2

AMENDATORY SECTION(Amending WSR 90-11-035, filed 5/10/90, effective 6/10/90)

WAC 479-16-020
Standard specifications.

((Either Standard Specifications for Municipal Public Works Construction, current edition, Washington state chapter, American Public Works Association, or Standard Specifications for Road and Bridge Construction, current edition, state of Washington, revised as to form to make reference to local governments,)) The current edition of the Standard Specifications for Road, Bridge, and Municipal Construction shall be included in any contract entered into by local governments using board funds.

[Statutory Authority: Chapter 47.26 RCW.  90-11-035, § 479-16-020, filed 5/10/90, effective 6/10/90; Order 10, § 479-16-020, filed 9/12/67.]

Traffic control devices included in a participating project may be installed by the employees and with the equipment and materials of the local governmental units subject to the limits of RCW 35.22.620(3), 35.23.352(1), and 36.77.065(3): Provided, That the basis for payment of board funds is reimbursement of the appropriate portion of actual cost of such work, subject to audit.

[Statutory Authority: Chapter 47.26 RCW.  95-04-072, § 479-16-040, filed 1/30/95, effective 3/2/95; 90-11-035, § 479-16-040, filed 5/10/90, effective 6/10/90; Order 33, § 479-16-040, filed 2/6/68.]

If an eligible agency has a project funded by transportation improvement board funds that includes the construction of bicycle facilities, the agency shall submit their bikeway plan to the board in map form along with the agency's verification that the plan has been((:

(1) Integrated with existing "user designated," as well as officially designated bikeways.

(2) Integrated with bikeways of adjacent units and levels of government.

(3))) reviewed with, and approved by, the agency's legislative body.

((The total bikeway plan of the agency shall identify separately arterial bikeways, as previously defined, that would be desired to be improved in conjunction with an arterial construction project.

The board shall notify the submitting city or county of its concurrence in the bikeway plan after such plan has been reviewed and found to be reasonable in relation to the rules adopted by the board.))  The proposed bicycle facility shall be in accordance with definitions, criteria, and design standards shown in Chapter 1020 of the Washington Department of Transportation Design Manual.

[Statutory Authority: Chapter 47.26 RCW.  95-04-072, § 479-16-098, filed 1/30/95, effective 3/2/95; 90-11-035, § 479-16-098, filed 5/10/90, effective 6/10/90; Order 319, § 479-16-098, filed 4/22/74.]

Urban arterial trust account funds for local agency arterial projects shall be matched in accordance with the following scheduled percentage of the total project cost.

City with a population from 5,000 to 9,999 or a ((3rd Class)) county ((or smaller)) with a population less than 70,000 - 10% match

City with a population from 10,000 to 14,999 or a ((1st or 2nd Class)) county with a population from 70,000 to 210,000 - 15% match

City with a population from 15,000 and up or a ((Class AA)) county ((and over)) with a population over 210,000 - 20% match

[Statutory Authority: Chapter 47.26 RCW.  95-04-072, § 479-20-007, filed 1/30/95, effective 3/2/95; 90-11-035, § 479-20-007, filed 5/10/90, effective 6/10/90.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 95-04-072, filed 1/30/95, effective 3/2/95)

WAC 479-20-020
Partial or progress payments for project costs.

Participation and payment of board funds to counties and cities shall be governed by the following:

(1) Board participation.  Board funds shall not participate in any cost which is not incurred in conformity with all applicable federal and state law and the rules, regulations and procedures as may be prescribed by the board promulgated in conformity with the statutes.

(2) Project agreements.  Projects for which board funds are requested by the eligible agencies and for which the board has allocated funds will be the subject of a project agreement to be entered into by the eligible agency with the board evidencing acceptance of the conditions to payment of funds, as prescribed by laws and regulations, and the amount of funds to be obligated.

(3) Changes in project work and cost.  No material change in the termini, character, or scope of the work on an approved project shall be made without prior concurrence in such changes by the board.

(4) Payments.  Eligible agencies are to submit requests for payment of funds claimed to be due on approved projects.  Such requests are to be on forms prescribed by the board, and shall be certified and accompanied by supporting data as may be required by the board.  Requests for payment may be submitted from time to time as the work progresses and final requests shall be submitted within six months of contract completion.  Payment of TIB funds shall at no time exceed the ((board's share)) approved amount of the project costs incurred to the date of the payment request.

(5) Compliance with laws and regulations.  If an eligible agency has failed to comply with laws and regulations with respect to a project, payment of funds may be withheld on such projects, or approval of additional projects may be withheld until compliance or remedial action has been accomplished by the eligible agency to the satisfaction of the board.

(((6) Progress payments.  Progress payments for project costs shall be limited to the board's percentage share of the costs for project development incurred to the date of the payment request: Provided, That in all projects where the total project cost exceeds the amount of authorized board funds, there shall be imposed a limitation on progress payments in order that the percentage of board fund progress payments in relation to total progress costs as of each payment request date shall not exceed the percentage determined by dividing the total authorized amount of board funds by the most recently determined total project cost.))

[Statutory Authority: Chapter 47.26 RCW.  95-04-072, § 479-20-020, filed 1/30/95, effective 3/2/95; 90-11-035, § 479-20-020, filed 5/10/90, effective 6/10/90; Order 217, § 479-20-020, filed 1/19/72; Order 77, § 479-20-020, filed 1/21/69; Resolution No. 16, filed 10/11/67.]

OTS-2506.2

AMENDATORY SECTION(Amending WSR 95-04-072, filed 1/30/95, effective 3/2/95)

WAC 479-20-025
Record requirements.

All eligible agencies requesting payment of board funds on authorized projects shall have procedures in effect that will provide adequate assurance that payments requested are proper and accurate:

(1) Quantities of complete construction contract work shall be supported by all related source documents upon which payment to the contractor is based.  These source documents shall include, but shall not be limited to, tickets for items measured on a weight or volume basis, cross section notes, inspector's diaries, engineering calculations for items measured in place, material tests, shipping invoices for steel, and all other field records normally developed by field engineers to support final quantities paid to contractors.  The quantity field record should be summarized so that final pay estimates would lend themselves to comparison with supporting records.

(2) All appraisal reports, record of negotiations with grantors including a negotiator's diary indicating dates of contracts, offers made, and final acceptance by grantor, title insurance documents, transfer documents such as warranty deeds, quit claim deeds, easements, contract and sale documents, shall be maintained.

(3) Daily labor time records, equipment use records, requisitions for materials used, invoices for goods and services, and other invoices shall be maintained.  Records shall also be maintained which support employee benefit percentages which are used in calculating amounts charged to construction projects.

(4) All records shall be retained ((in compliance with the requirements of the division of audit and)) until notification from the board that a project audit is complete or is not required.

[Statutory Authority: Chapter 47.26 RCW.  95-04-072, § 479-20-025, filed 1/30/95, effective 3/2/95; 90-11-035, § 479-20-025, filed 5/10/90, effective 6/10/90; Order 79, § 479-20-025, filed 1/21/69.]

The amount of funds approved will be based upon the amount requested in the design prospectus.  This amount may be adjusted from the amount shown in the project application with adequate justification.  ((The authorized funds and scope of work approved by the board at the design phase will be the base for comparison in the following phases.)) Board fund increases are not approved at predesign phase.

Local agencies may request an increase in the participation of funds over the amount set forth in the design phase, at the construction phase, bid opening or contract completion of a project in accordance with the following procedures:

(1) At the construction phase all requests shall be reviewed by the director.  The director shall report the findings to the board for its review, consideration and final action.  The board shall not grant a request for increase at this phase if:

(a) The requested increase is to pay for an expansion of the scope of the work that is beyond the work required to accomplish the intent of the project as approved at the design phase.

(b) The granting of the request will obligate funding beyond the level acceptable to the board or will in any way adversely affect authorized funds previously approved by the board including the reserve for the following:

(i) Increases at bid opening that will not exceed ten percent of the engineers estimate multiplied by the account matching ratio.

(ii) Increases for construction overruns at the amount equal to the account matching ratio multiplied by the sum of ten percent of the original contract amount up to one million dollars and five percent of the amount in excess of one million dollars for those projects which have been approved for the construction phase.

(2) Request for increases at bid opening shall not exceed ten percent of the engineers estimate submitted to the board at the time the construction phase was approved multiplied by the account matching ratio.  Requests for increases at this phase will take priority over design and construction phase approvals.  Such requests shall be reviewed by the director and will not be approved if:

(a) The requested increase is to pay for an expansion of the authorized scope of the work; or

(b) If the request is not substantiated and the director determines that the increased funds should have been anticipated by the local agency at the construction phase of the project.

(3) Requests for increases in funds submitted to the board at contract completion shall not exceed the account matching ratio multiplied by the sum of ten percent of the original contract amount up to one million dollars and five percent of the amount in excess of one million dollars.  Requests for increases at this phase will take priority over design and construction phase approvals.  Such requests shall be reviewed by the director and will not be approved if:

(a) The requested increase is to pay for an expansion of the authorized scope of the work; or

(b) If the request is not substantiated and the director determines that the increased funds should have been anticipated by the local agency at the construction approval phase of the project.

(4) If the director or the board, as the case may be, does not approve the request of a local agency for an increase, the administering agency may:

(a) Proceed with the project, paying for any additional costs with local or other funds; or

(b) Withdraw the request for participation; or, if applicable

(c) Within the authorized amount, and subject to approval by the director, reduce the scope of the project while retaining a usable and functional improvement.

[Statutory Authority: Chapter 47.26 RCW.  95-04-072, § 479-20-037, filed 1/30/95, effective 3/2/95; 90-11-035, § 479-20-037, filed 5/10/90, effective 6/10/90; 87-21-068 (Order 87-01, Resolution No. 955), § 479-20-037, filed 10/19/87.]

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