PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-10-110.
Title of Rule: WAC 479-05-240 Procedure to request increase in board funds.
Purpose: To amend the Transportation Improvement Board (TIB) rules for providing increases on roadway projects.
Statutory Authority for Adoption: Chapter 47.26 RCW.
Statute Being Implemented: Chapter 47.26 RCW.
Summary: Increases in project costs place a substantial financial burden on the urban arterial trust account and the transportation improvement account. Rule changes are required to provide strategic increases necessary for the development of projects that do not jeopardize the financial viability of the funding accounts.
Name of Agency Personnel Responsible for Drafting: Bob Moorhead, Transportation Building, (360) 705-7593; Implementation and Enforcement: Stevan Gorcester, Transportation Building, (360) 705-7301.
Name of Proponent: Transportation Improvement Board, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Rule changes are required to provide strategic increases necessary for the development of projects that do not jeopardize the financial viability of the funding accounts.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no economic impact on small business. The Transportation Improvement Board funding programs affect state and local transportation agencies.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The rules being revised are implementing Washington state law and the Transportation Improvement Board is not one of the agencies specifically directed to provide additional details.
Hearing Location: WestCoast Yakima Gateway Hotel, 9 North 9th Street, Yakima, WA, on July 27, 2001, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact the Transportation Improvement Board by July 23, 2001, (360) 705-7300.
Submit Written Comments to: Fax (360) 705-6830, by July 25, 2001.
Date of Intended Adoption: July 27, 2001.
June 19, 2001
Stevan Gorcester
Executive Director
OTS-4943.1
AMENDATORY SECTION(Amending WSR 99-24-038, filed 11/23/99,
effective 12/24/99)
WAC 479-05-240
Procedure to request increase in board
funds.
The amount of funds approved will be based upon the
amount requested at design approval. This amount may be adjusted
from the amount shown in the project application with adequate
justification. Board fund increases are not approved at
predesign and design phase.
Local agencies may request an increase in 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.
(2) Request for increases at bid opening shall not exceed
((ten percent of the engineer's estimate submitted to the board
at the time the construction phase was approved multiplied by the
account matching ratio)) the amount set by board policy. 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)) set by board policy. 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: Chapters 47.26 and 47.66 RCW. 99-24-038, 479-05-240, filed 11/23/99, effective 12/24/99.]