WSR 99-03-089
PROPOSED RULES
TRANSPORTATION IMPROVEMENT BOARD
[Filed January 20, 1999, 10:09 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-24-114.
Title of Rule: Housekeeping on existing rules; WAC 479-16-020 Standard specifications, 479-16-040 Traffic control devices, 479-16-098 Inclusion of bicycle facilities in Transportation Improvement Board projects, 479-20-007 Matching ratios for urban arterial trust account funds, 479-20-020 Partial or progress payments for project cost, 479-20-025 Records requirements, and 479-20-037 Procedures to request increase in board funds.
Purpose: The rules shown below are being revised to update current language, provide needed language to reflect the current procedures of the TIB programs, and to reflect desired changes in the TIB programs.
Statutory Authority for Adoption: Chapter 47.26 RCW.
Statute Being Implemented: Chapter 47.26 RCW.
Summary: WAC 479-16-020, revised to reflect the current standards; WAC 479-16-040, alerts cities and counties to additional existing requirements; WAC 479-16-098, inclusion of bicycle facilities in transportation improvement account funds; WAC 479-20-007, language needed to be revised to reflect the desired eligibility of the program; WAC 479-20-020, 479-20-025 and 479-20-037, updated the language of the existing rule to accurately describe the agency's procedures.
Reasons Supporting Proposal: Rules need to be revised to reflect current procedures and desired changes in TIB programs.
Name of Agency Personnel Responsible for Drafting and Implementation: Dan Rude, Transportation Building, (360) 705-7547; and Enforcement: Jerry Fay, 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: WAC 479-16-020, standards that must be followed in a contract using board money; WAC 479-16-040, requirements for reimbursement of traffic devices; WAC 479-20-007, defines matching ratios for urban arterial trust account; WAC 479-20-020, information regarding progress payments on projects; WAC 479-20-025, the board's requirements to maintain and hold records for projects; and WAC 479-20-037, procedure to obtain an increase in board funds.
Proposal Changes the Following Existing Rules: Same as above.
No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no economic impact on small business. TIB funding programs affect state and local transportation agencies.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Subsection (5)(b)(ii) exempts these rules from the section 201 requirements. In addition, subsection (5)(b)(iv) exempts rules that are housekeeping in nature.
Hearing Location: Department of Transportation, 310 Maple Park Avenue, Olympia, on March 26, 1999, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Jennine Stinbrink by March 15, 1999, (360) 705-7549.
Submit Written Comments to: Transportation Improvement Board, fax (360) 705-6830, by March 22, 1999.
Date of Intended Adoption: March 26, 1999.
January 6, 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.]
AMENDATORY SECTION (Amending WSR 95-04-072, filed 1/30/95, effective 3/2/95)
WAC 479-16-040 Traffic control devices. 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.]
AMENDATORY SECTION (Amending WSR 95-04-072, filed 1/30/95, effective 3/2/95)
WAC 479-16-098 Inclusion of bicycle facilities in
transportation improvement board projects. 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.]
OTS-2506.2
AMENDATORY SECTION (Amending WSR 95-04-072, filed 1/30/95, effective 3/2/95)
WAC 479-20-007 Matching ratios for urban arterial trust account funds. 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)) All urban cities with a population less than
10,000 - 10% match
City with a population from 10,000 to 14,999 or a 1st or 2nd Class county - 15% match
City with a population from 15,000 and up or a Class A((A))
county and over - 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.]
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.]
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.]
AMENDATORY SECTION (Amending WSR 95-04-072, filed 1/30/95, effective 3/2/95)
WAC 479-20-037 Procedure to request increase in board
funds. 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.]