HTML has links - PDF has Authentication

Chapter 479-05 WAC

Last Update: 4/2/18

PROGRAM REQUIREMENTS

WAC Sections

HTMLPDF479-05-011Submission of proposed projects.
HTMLPDF479-05-012Emergent nature project submission and limitations.
HTMLPDF479-05-020Six-year transportation plan.
HTMLPDF479-05-030A registered professional engineer must be in charge.
HTMLPDF479-05-035Qualifications for small city projects administered by another agency.
HTMLPDF479-05-040Value engineering study requirements.
HTMLPDF479-05-051Project phases.
HTMLPDF479-05-052Project modification and scope change.
HTMLPDF479-05-060Methods of construction.
HTMLPDF479-05-080Standard specifications.
HTMLPDF479-05-100Utility adjustments or relocations.
HTMLPDF479-05-101Railroad adjustments or relocation.
HTMLPDF479-05-120Street illumination and traffic control devices.
HTMLPDF479-05-130Project landscaping and aesthetic improvements.
HTMLPDF479-05-131Mitigation costs and limitations.
HTMLPDF479-05-140Acquisition of rights of way.
HTMLPDF479-05-141What is eligible for reimbursement of right of way costs.
HTMLPDF479-05-170Reimbursement of engineering costs.
HTMLPDF479-05-201When an agency may request an increase in TIB funds.
HTMLPDF479-05-202How an agency requests an increase in TIB funds.
HTMLPDF479-05-203Criteria the board and the executive director use when reviewing increase requests.
HTMLPDF479-05-204If an increase is not approved.
HTMLPDF479-05-211When a project is considered delayed.
HTMLPDF479-05-212The stages of delayed projects.
HTMLPDF479-05-213Review and consequences of delay.
DISPOSITION OF SECTIONS FORMERLY CODIFIED IN THIS TITLE
479-05-010Time and place for submission of proposed transportation improvement board projects. [Statutory Authority: Chapter 47.26 RCW. WSR 03-16-077, § 479-05-010, filed 8/4/03, effective 9/4/03. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-010, filed 11/23/99, effective 12/24/99.] Repealed by WSR 07-18-050, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapter 47.26 RCW.
479-05-013Urban project transfer for completion. [Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-05-013, filed 8/30/07, effective 9/30/07.] Repealed by WSR 12-08-060, filed 4/3/12, effective 5/4/12. Statutory Authority: Chapter 47.26 RCW.
479-05-041When a value engineering study may be waived. [Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-05-041, filed 8/30/07, effective 9/30/07.] Repealed by WSR 12-08-060, filed 4/3/12, effective 5/4/12. Statutory Authority: Chapter 47.26 RCW.
479-05-050Procedures for project approval. [Statutory Authority: Chapter 47.26 RCW. WSR 03-16-077, § 479-05-050, filed 8/4/03, effective 9/4/03. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-050, filed 11/23/99, effective 12/24/99.] Repealed by WSR 07-18-050, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapter 47.26 RCW.
479-05-070Registered engineer in charge. [Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-070, filed 11/23/99, effective 12/24/99.] Repealed by WSR 07-18-050, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapter 47.26 RCW.
479-05-090Design standards for transportation improvement board projects. [Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-090, filed 11/23/99, effective 12/24/99.] Repealed by WSR 07-18-050, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapter 47.26 RCW.
479-05-110Undergrounding utilities. [Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-110, filed 11/23/99, effective 12/24/99.] Repealed by WSR 07-18-050, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapter 47.26 RCW.
479-05-150Inclusion of bicycle facilities in transportation improvement board projects. [Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-150, filed 11/23/99, effective 12/24/99.] Repealed by WSR 07-18-050, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapter 47.26 RCW.
479-05-160Reimbursable costs. [Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-160, filed 11/23/99, effective 12/24/99.] Repealed by WSR 07-18-050, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapter 47.26 RCW.
479-05-171Reimbursement of cultural resource assessment costs for TIB funded projects. [Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-05-171, filed 8/30/07, effective 9/30/07.] Repealed by WSR 12-08-060, filed 4/3/12, effective 5/4/12. Statutory Authority: Chapter 47.26 RCW.
479-05-180Direct costs. [Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-180, filed 11/23/99, effective 12/24/99.] Repealed by WSR 07-18-050, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapter 47.26 RCW.
479-05-190Indirect costs. [Statutory Authority: Chapter 47.26 RCW. WSR 00-22-001, § 479-05-190, filed 10/19/00, effective 11/19/00. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-190, filed 11/23/99, effective 12/24/99.] Repealed by WSR 07-18-050, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapter 47.26 RCW.
479-05-200Partial or progress payments for project costs. [Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-200, filed 11/23/99, effective 12/24/99.] Repealed by WSR 07-18-050, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapter 47.26 RCW.
479-05-210Record requirements. [Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-210, filed 11/23/99, effective 12/24/99.] Repealed by WSR 07-18-050, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapter 47.26 RCW.
479-05-220Audits of project records. [Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-220, filed 11/23/99, effective 12/24/99.] Repealed by WSR 07-18-050, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapter 47.26 RCW.
479-05-230Expenditure schedule of board funds. [Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-230, filed 11/23/99, effective 12/24/99.] Repealed by WSR 07-18-050, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapter 47.26 RCW.
479-05-240Procedure to request increase in board funds. [Statutory Authority: Chapter 47.26 RCW. WSR 03-16-077, § 479-05-240, filed 8/4/03, effective 9/4/03; WSR 01-19-040, § 479-05-240, filed 9/14/01, effective 10/15/01. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-240, filed 11/23/99, effective 12/24/99.] Repealed by WSR 07-18-050, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapter 47.26 RCW.
479-05-250Review of delayed projects. [Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-250, filed 11/23/99, effective 12/24/99.] Repealed by WSR 07-18-050, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapter 47.26 RCW.
479-05-260Recovery of board funds on canceled projects. [Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-260, filed 11/23/99, effective 12/24/99.] Repealed by WSR 07-18-050, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapter 47.26 RCW.
479-05-270Identification and consideration of surplus funds on authorized board projects. [Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-270, filed 11/23/99, effective 12/24/99.] Repealed by WSR 07-18-050, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapter 47.26 RCW.
479-05-280Funding shortfall. [Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-280, filed 11/23/99, effective 12/24/99.] Repealed by WSR 07-18-050, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapter 47.26 RCW.
479-05-290Over-programming of funds. [Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-290, filed 11/23/99, effective 12/24/99.] Repealed by WSR 07-18-050, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapter 47.26 RCW.


PDF479-05-011

Submission of proposed projects.

A call for projects may be made as the board deems appropriate. Subsequent to a call, a priority array may be adopted. The array will be published and will list all approved applications.
Special funding programs or a special call for projects may be made by the board as funds allow.
[Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-05-011, filed 8/30/07, effective 9/30/07.]



PDF479-05-012

Emergent nature project submission and limitations.

An eligible agency may request the transportation improvement board to consider a project for funding outside of the normal call for projects. To be considered as emergent nature, a project must demonstrate one or more of the following:
(1) There has been a significant change in the location or development of traffic generators in the area of the project.
(2) The work proposed is necessary to avoid or reduce serious traffic congestion in the area of the project in the near future.
(3) A partially funded project that, if completed, would enable a community to secure an unanticipated economic development opportunity.
(4) Other funding sources the local agency has applied for or secured for the project.
(5) The project request is a result of a federal, state, or locally declared emergency and must be funded prior to the normal call for projects.
In meeting one or more of the criteria, the project request may not adversely impact currently funded projects. The agency may be asked to make a presentation to the board on the project.
[Statutory Authority: Chapter 47.26 RCW. WSR 18-08-068, § 479-05-012, filed 4/2/18, effective 5/3/18; WSR 07-18-050, § 479-05-012, filed 8/30/07, effective 9/30/07.]



PDF479-05-020

Six-year transportation plan.

Projects selected in the priority array must be included in the local agency's six-year transportation plan prior to receiving authorization to proceed on the project.
Preservation projects identified through pavement condition ratings are not required to appear in the local agency's six-year transportation plan.
[Statutory Authority: Chapter 47.26 RCW. WSR 15-22-052, § 479-05-020, filed 10/29/15, effective 11/29/15; WSR 12-08-060, § 479-05-020, filed 4/3/12, effective 5/4/12; WSR 07-18-050, § 479-05-020, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-020, filed 11/23/99, effective 12/24/99.]



PDF479-05-030

A registered professional engineer must be in charge.

All projects using TIA funds will be supervised by a professional engineer registered in the state of Washington.
[Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-05-030, filed 4/3/12, effective 5/4/12; WSR 07-18-050, § 479-05-030, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-030, filed 11/23/99, effective 12/24/99.]



PDF479-05-035

Qualifications for small city projects administered by another agency.

A local agency that has a small city arterial program or small city preservation project may elect to have, or the executive director may require, the project to be administered by another city, a county, state department of transportation, or state transportation improvement board when:
(1) The local agency does not have certification acceptance from the state department of transportation per the Washington state department of transportation local agency guidelines manual, chapter 13; or
(2) The executive director determines that the local agency has insufficient capacity to directly administer transportation projects.
[Statutory Authority: Chapter 47.26 RCW. WSR 15-22-052, § 479-05-035, filed 10/29/15, effective 11/29/15; WSR 12-08-060, § 479-05-035, filed 4/3/12, effective 5/4/12.]



PDF479-05-040

Value engineering study requirements.

The executive director will determine whether a value engineering study is required based on project risk factors summarized below. The agency will be notified if a value engineering study is required during the design process and must complete the study prior to authorization to bid.
(1) Significant project complexity;
(2) Significant structures;
(3) Significant right of way;
(4) Multiple alignment options;
(5) Environmentally sensitive areas;
(6) Complex interagency involvement.
The value engineering study is completed when the local agency submits the recommendation report to TIB. TIB may consider what recommendations are accepted or rejected when evaluating any funding increase or scope change request.
[Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-05-040, filed 4/3/12, effective 5/4/12. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 08-10-012, § 479-05-040, filed 4/24/08, effective 5/25/08. Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-05-040, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-040, filed 11/23/99, effective 12/24/99.]



PDF479-05-051

Project phases.

Projects authorized by the board are divided into the following phases:
(1) Design phase – Documents that must be received prior to phase approval include:
(a) Signed funding status form confirming that the funding partners are fully committed;
(b) Page from the adopted six-year transportation plan which lists the project;
(c) Signed fuel tax agreement;
(d) Consultant agreement (small city arterial and small city sidewalk programs only).
(2) Bid advertisement phase – Documents that must be received prior to phase approval include:
(a) Signed bid authorization form that contains:
(i) Plans and specification package;
(ii) Written confirmation of funding partners; and
(iii) Confirmation that full funding is available for the project;
(b) Signed confirmation that right of way is acquired or possession and use agreement is in place;
(c) Engineer's estimate is in final format;
(d) Consultant agreement (small city arterial and small city sidewalk programs only);
(e) Certification that a cultural resource assessment was completed;
(f) Traffic signal warrants.
(3) Construction phase – Documents that must be received prior to phase approval include:
(a) Updated cost estimate form signed by a local agency official and the project engineer;
(b) Bid tabulations; and
(c) Description of cost changes.
(4) Project closeout phase – Documents that must be received prior to phase approval include:
(a) Updated cost estimate form signed by a local agency official and the project engineer;
(b) Final summary of quantities; and
(c) Accounting history signed by a local agency official or the financial manager.
[Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-05-051, filed 4/3/12, effective 5/4/12; WSR 07-18-050, § 479-05-051, filed 8/30/07, effective 9/30/07.]



PDF479-05-052

Project modification and scope change.

The executive director may approve scope changes except the following which require the board's approval:
(1) A change in the project limits with a request for an increase in funding beyond the executive director's administrative authority in WAC 479-01-060;
(2) Adding or decreasing through lanes;
(3) Adding or eliminating grade separations;
(4) Reducing limits greater than one hundred lineal feet;
(5) Inclusion or exclusion of major project element that may be considered a scope change by the executive director; or
(6) Changes to project components that were used to rate the project.
[Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-05-052, filed 8/30/07, effective 9/30/07.]



PDF479-05-060

Methods of construction.

All construction using TIA funds shall be advertised, competitively bid and contracted, except:
(1) Utility and railroad relocations and adjustments;
(2) Government force work;
(3) Work eligible from the small works roster; and
(4) Local agencies may be otherwise exempt from bidding requirements if so authorized by an applicable statute contained in chapter 36.77, 35.22, 35.23, or 35.27 RCW.
[Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-05-060, filed 4/3/12, effective 5/4/12; WSR 07-18-050, § 479-05-060, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-060, filed 11/23/99, effective 12/24/99.]



PDF479-05-080

Standard specifications.

The current edition of the Standard Specifications for Road, Bridge,and Municipal Construction or equivalent, will be used as the standard for design and construction of board funded projects.
[Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-05-080, filed 4/3/12, effective 5/4/12; WSR 07-18-050, § 479-05-080, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-080, filed 11/23/99, effective 12/24/99.]



PDF479-05-100

Utility adjustments or relocations.

Utility adjustments or relocations may be reimbursed using the following criteria:
(1) If it is a direct cost for utility adjustments that are owned by the local government;
(2) If the utility provider owns the property in fee title; or
(3) If the utility franchise agreement requires the local agency to pay for those utility adjustments or relocations required by state or local government.
Upgrading of utilities is not eligible for reimbursement by TIA funds.
If the proposed work will cause a significant change in scope, the agency must seek board approval.
[Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-05-100, filed 4/3/12, effective 5/4/12; WSR 07-18-050, § 479-05-100, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-100, filed 11/23/99, effective 12/24/99.]



PDF479-05-101

Railroad adjustments or relocation.

Railroad adjustments or relocations may be reimbursed using the following criteria:
(1) TIB will reimburse the local agency for reasonable and necessary costs.
(2) There is a direct impact within the project limits.
Improvements beyond the necessary replacement costs to mitigate the impacts of the project will not be reimbursed.
[Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-05-101, filed 8/30/07, effective 9/30/07.]



PDF479-05-120

Street illumination and traffic control devices.

Traffic control devices for an approved project may be purchased and installed under RCW 35.22.620(3), 35.23.352(1), and 36.77.065(3) by:
(1) The contractor for the construction phase of the project; or
(2) Local agency employees.
TIA funds may be used in the costs to underground service connections for street illumination and traffic signal services within the approved project scope.
[Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-05-120, filed 4/3/12, effective 5/4/12; WSR 07-18-050, § 479-05-120, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-120, filed 11/23/99, effective 12/24/99.]



PDF479-05-130

Project landscaping and aesthetic improvements.

Cost of landscaping and aesthetic improvements is limited to five percent of the total eligible construction contract amount.
(1) Landscaping includes:
(a) Cost of trees, shrubs, sod, and other plant material.
(b) Top soil and bark.
(c) Irrigation and tree grates.
(d) Labor for installation.
(2) Aesthetic improvement includes:
(a) Ornamental lighting.
(b) The local agency share of the cost of undergrounding of utilities.
(c) Public art.
(d) Special surfacing treatments (stamped concrete, pavers).
(e) Labor for installation.
(3) Items not considered landscaping or aesthetic improvements are:
(a) Erosion control treatments.
(b) Wetland mitigation (plantings) required by federal or state regulations.
(c) Property restoration.
Requests for increases in landscaping and related costs are subject to WAC 479-05-201, 479-05-202, and 479-05-203. Landscaping costs in excess of the five percent limit may be paid for by funding sources other than TIB funds.
[Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-05-130, filed 4/3/12, effective 5/4/12; WSR 07-18-050, § 479-05-130, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-130, filed 11/23/99, effective 12/24/99.]



PDF479-05-131

Mitigation costs and limitations.

Mitigation costs may include:
(1) Sound walls/berms: Unless required by specific regulations, TIB will not participate in this cost.
(2) Superfund sites: TIB funds will not participate in the cost of cleanup.
(3) Bridges: Bridge designs exceeding the most cost effective are not eligible for participation.
(4) Wetlands: Mitigation in excess of what is required by federal or state requirements is not eligible to be reimbursed.
TIA funds may not be used for excessive design, mitigation beyond federal or state requirements, or other unusual project features.
[Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-05-131, filed 4/3/12, effective 5/4/12; WSR 07-18-050, § 479-05-131, filed 8/30/07, effective 9/30/07.]



PDF479-05-140

Acquisition of rights of way.

Right of way for board funded projects shall be acquired in accordance with chapters 8.26 RCW and 468-100 WAC. Reimbursement of right of way acquisition costs are eligible within the design phase of the project.
At bid phase, right of way acquisitions should be completed and certified. If all right of way cannot be certified, the local agency must have possession and use agreements for the remaining parcels.
If under any circumstances right of way purchased with board funds is subsequently sold or transferred to a nontransportation purpose, the proceeds of the sale or equivalent value shall be placed in the local agency's appropriate transportation fund and expended solely for street or road improvement purposes.
[Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-05-140, filed 4/3/12, effective 5/4/12; WSR 07-18-050, § 479-05-140, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-140, filed 11/23/99, effective 12/24/99.]



PDF479-05-141

What is eligible for reimbursement of right of way costs.

Only the square footage needed for the roadway is eligible to be reimbursed, unless:
(1) It is deemed by TIB to be in the best interest of the project to purchase the entire parcel;
(2) An entire parcel take is required by local resolution; or
(3) An uneconomic remnant will remain.
If after the completion of the project, the uneconomic remnant is sold, transferred, or rezoned to make it an economic remnant, the proceeds of any sale will be placed back in the local agency's appropriate transportation fund to be used for street or road improvement purposes only.
In the event the project is not built, TIB funds expended for right of way may be requested to be refunded to the board.
[Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-05-141, filed 4/3/12, effective 5/4/12; WSR 07-18-050, § 479-05-141, filed 8/30/07, effective 9/30/07.]



PDF479-05-170

Reimbursement of engineering costs.

Design and construction engineering costs eligible for reimbursement are limited to thirty percent, or twenty percent if funded as construction ready, of the approved contract bid amount, plus costs designated as construction other.
Surveying and materials testing costs, even if they are part of the contract costs, are considered part of construction engineering and are subject to the thirty percent limit or twenty percent limit if funded as construction ready. Exceptions to the thirty percent engineering limit, or twenty percent engineering limit if funded as construction ready, may be considered for small city projects when an unforeseen issue arises that is beyond the control of the local agency. The local agency may request an increase through WAC 479-05-202 processes.
[Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-05-170, filed 4/3/12, effective 5/4/12; WSR 07-18-050, § 479-05-170, filed 8/30/07, effective 9/30/07. Statutory Authority: Chapters 47.26 and 47.66 RCW. WSR 99-24-038, § 479-05-170, filed 11/23/99, effective 12/24/99.]



PDF479-05-201

When an agency may request an increase in TIB funds.

Local agencies may request an increase in funds at the bid, construction, and project closeout phases.
[Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-05-201, filed 8/30/07, effective 9/30/07.]



PDF479-05-202

How an agency requests an increase in TIB funds.

Increases in TIB funds may be requested by the lead local agency and submitted to TIB staff through the bid authorization form or updated cost estimate form.
The executive director will consider increase requests up to the levels in WAC 479-01-060.
Increase requests above the executive director administrative authority require board action. The local agency may be asked to prepare and make a presentation to the board justifying the increase.
[Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-05-202, filed 8/30/07, effective 9/30/07.]



PDF479-05-203

Criteria the board and the executive director use when reviewing increase requests.

The board and executive director will consider the following when reviewing increase requests:
(1) Whether the granting of the request will obligate funding beyond an acceptable level or will adversely affect authorized funds previously approved by the board.
(2) Whether the request would fund expansion of the scope of work beyond that approved at design phase.
(3) Whether the local agency should have anticipated an increase would be necessary at the outset of the project.
(4) Requests for increases at construction phase will take priority over other phase requests.
(5) Local agency funding partner ability to contribute to the increased costs.
(6) Other criteria on a case-by-case basis.
[Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-05-203, filed 8/30/07, effective 9/30/07.]



PDF479-05-204

If an increase is not approved.

An agency request for an increase in funds may go to either the executive director or the board, as described in WAC 479-05-202, depending on the size of the request:
(1) If the executive director hears the request and does not approve it, the local agency may:
(a) Proceed with the project, paying for any additional costs with local or other funds;
(b) Withdraw the request for participation;
(c) Request a formal review of the executive director's decision by the board; or
(d) Submit a request to the executive director to reduce the scope of the project as provided in WAC 479-05-052.
(2) If the board hears the request and does not approve it, the local agency may:
(a) Proceed with the project, paying for additional costs;
(b) Withdraw the request for participation; or
(c) Request a scope modification or reduction as provided in WAC 479-05-052.
In either case, the project will need to retain a usable and functional improvement to be granted a scope reduction.
[Statutory Authority: Chapter 47.26 RCW. WSR 07-18-050, § 479-05-204, filed 8/30/07, effective 9/30/07.]



PDF479-05-211

When a project is considered delayed.

Projects are considered delayed when one of the following occurs:
(1) Urban program projects do not reach construction phase within four years and six months.
(2) Projects awarded funding as "construction ready" will be considered delayed if construction does not begin within one year of funding becoming available.
(3) All other programs must reach construction phase within two years and six months.
The award date or date funding is made available to the local agency by TIB, whichever is earlier, is the starting point in calculating the delay date.
[Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-05-211, filed 4/3/12, effective 5/4/12; WSR 09-09-002, § 479-05-211, filed 4/1/09, effective 5/2/09; WSR 07-18-050, § 479-05-211, filed 8/30/07, effective 9/30/07.]



PDF479-05-212

The stages of delayed projects.

For TIB funded projects, there are two stages of delay:
(1) Stage 1 delay - If the project does not meet the project target date per WAC 479-05-211.
(2) Stage 2 delay - If the project does not meet the revised bid date as agreed to under Stage 1 delay under WAC 479-05-213(1), or one year after being designated as a Stage 1 delayed project.
[Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-05-212, filed 4/3/12, effective 5/4/12; WSR 07-18-050, § 479-05-212, filed 8/30/07, effective 9/30/07.]



PDF479-05-213

Review and consequences of delay.

Delayed projects will be reviewed as follows:
(1) Stage 1 - Delayed project. The TIB staff report the delayed project to the board at a regularly scheduled board meeting. The executive director requests a letter from the local agency explaining why the project continues to be delayed and a commitment date which is acceptable to the executive director or board.
(2) Stage 2 - Contingency project. If the agency misses the agreed upon date(s) or deadlines set in the Stage 1 review, the project will be designated a contingency project. The board must restore a contingency project to active status before the executive director authorizes the next project phase.
A project remaining on the contingency list for twelve months will have the grant funds terminated. The agency may reapply for funding in a later grant application cycle.
The executive director has discretion when moving projects from one stage of delay to the next and may consider pending bid dates or other indications of impending progress.
[Statutory Authority: Chapter 47.26 RCW. WSR 12-08-060, § 479-05-213, filed 4/3/12, effective 5/4/12; WSR 07-18-050, § 479-05-213, filed 8/30/07, effective 9/30/07.]