Effective Date of Rule: Thirty-one days after filing.

     Purpose: Develop rules to support RCW 47.26.345, which finds that it is in the state's interest to support the economic vitality of all cities and towns, recognizing that those cities and towns with a population of less than 5,000 are unable to fully maintain and preserve their street and sidewalk system.

     Statutory Authority for Adoption: Chapter 47.26 RCW.

      Adopted under notice filed as WSR 08-15-041 on July 11, 2008.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 19, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 19, Amended 0, Repealed 0.

     Date Adopted: September 26, 2008.

Stevan Gorcester

Executive Director

OTS-1719.1

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     For the cities' convenience, TIB staff will conduct all pavement condition ratings on a rotational basis every four years. If the city maintains their own pavement condition rating, the methods used for scoring must comply with TIB's methodology. If scores submitted by the city are substantially different than the TIB pavement scores, the difference will be resolved through an on-site review coordinated between TIB and city staff.

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     (1) Application phase - The city shall submit an application form as well as documentation showing route and treatment plan.

     (2) Design and construction phase - TIB will provide documents for the city to sign and return. The city must submit the following agreements where utilized:

     (a) Fuel tax agreement (except if services are provided by WSDOT).

     (b) Rights of entry agreement (if applicable).

     (c) Consultant agreement (if applicable).

     If pavement services will be provided through WSDOT, TIB will maintain the task order agreement and subsequent amendments.

     (3) Project closeout phase - All necessary project cost documentation must be received prior to final payment.

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     (1) Cash match based on ability to contribute:

     (a) If the city assessed valuation is greater than five hundred million, a match of ten percent will be contributed.

     (b) If the city assessed valuation is from one hundred million to five hundred million, a five percent match will be contributed.

     (2) If the city assessed valuation is under one hundred million, no cash match is necessary.

     (3) Match is not expected or accepted if the construction services will be provided to the city by WSDOT.

     (4) All in-kind contributions must relate directly to the project and are limited to time, material, or real property donated to the agency to fulfill project requirements. In-kind match may include:

     (a) Community involvement including volunteer participation.

     (b) City force labor, materials, and/or equipment (excluding costs incurred for qualification in WAC 479-10-122 or application for funds).

     (c) Other street beautification.

     (d) In-kind match must be documented with labor reports, equipment reports, receipts, and/or citizen volunteer time with hourly rate (not to exceed fifteen dollars per hour).

     (e) Contributions of overhead, per diem, travel expenses, time spent at advisory groups or meetings, or time from individuals receiving compensation through the grant will not be accepted as in-kind match.

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     (1) Clarkston, Old SR 128, 0.13 Miles, SR 12 to Poplar Street;

     (2) Kelso, Old SR 431, 0.90 Miles, SR 5 to Cowlitz Way; Old I-5, 1.20 Miles, north end of Coweeman River Bridge to 2,480 feet south of Haussler Road and those sections of Kelso Drive, Minor Road, Grade Street and Kelso Avenue referred to in the memorandum of understanding for this turn back, approximately 2.7 miles;

     (3) Leavenworth, Old SR 209, 0.11 Miles, SR 2 to 260 feet north of Fir Street;

     (4) Milton, Old SR 514, 2.46 Miles, Junction SR 99 to 50 feet west of SR 161;

     (5) Napavine, Old SR 603, 0.79 Miles, 810 feet southwest of Lincoln Street to 8th Avenue West;

     (6) Pomeroy, Old SR 128, 0.72 Miles, SR 12 to 2,690 feet south of Arlington Avenue;

     (7) Sequim, Washington Avenue - Simdars Road to Sunnyside Avenue and 3rd Avenue to 9th Avenue;

     (8) Skykomish, Old SR 2 Spur, 0.16 Miles, SR 2 to Railroad Avenue;

     (9) Stanwood, Old SR 530, 1.59 Miles, 790 feet north of 86th Drive NW to 740 feet northwest of 72nd Avenue NW;

     (10) Toledo, Old SR 505, 0.12 Miles, Fifth Street to 210 feet northwest of Sixth Street;

     (11) Toppenish, Old SR 220, 0.27 Miles, Junction SR 22 to 630 feet east of Linden Road;

     (12) Vader, Old SR 411, 0.25 Miles, 520 feet south of SR 506 to 1,840 feet south of SR 506;

     (13) Washougal, Old SR 140, 0.70 Miles, SR 14 to west end of Washougal River Bridge;

     (14) Winlock, Old SR 603, 0.61 Miles, Walnut Street to 160 feet south of Olequa Creek Bridge.

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     (1) Application phase - Letter of application including the treatment plan and cost estimate submitted under WAC 479-10-230.

     (2) Design and construction phase - Documents that must be received prior to phase approval:

     (a) Fuel tax agreement or WSDOT task order agreement.

     (b) Consultant agreement (if applicable).

     (3) Project closeout phase - Project cost documentation must be received prior to final payment.

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