reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-12 - Transportation commission and transportation department State Environmental Policy Act rules › Section 468-12-660 - Substantive authority and mitigation

Current through Register Vol. 24-14, July 15, 2024
(1)
			 It is the policy of the department that significant adverse economic, social,
			 and environmental effects relating to any proposed department action should be
			 fully considered in planning and implementing such action, and that final
			 decisions on such action should be made in the best overall public interest,
			 and taking into consideration (a) the need for fast, safe, efficient, and
			 economical transportation and public services reasonably responsive to the
			 public's preferences, (b) the adverse environmental, social, and economic
			 effects of the proposed action and alternative courses of action, and (c) the
			 costs of eliminating or minimizing such adverse effects.
(2) The provisions of this chapter shall be
			 interpreted in accord with this policy. This policy shall also govern
			 substantive decisions made by the department.
Statutory Authority:
				  RCW
				  43.21C.120 and chapter 197-11 WAC. 84-19-030
				  (Order 90), § 468-12-660, filed
				  9/14/84.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-12 - Transportation commission and transportation department State Environmental Policy Act rules › Section 468-12-704 - Activities exempted from definition of "action."

Current through Register Vol. 24-14, July 15, 2024
The following activities are exempted from the definition of
				"action" because they are nonproject actions for which approval must be
				obtained from a federal agency prior to implementation as provided in WAC
				197-11-704(2)(b)(iii):
(1) National transportation
			 studies;
(2) Federal-aid system
			 designations;
(3) National
			 functional classification of highways and determination of needs.
Statutory Authority:
				  RCW
				  43.21C.120 and chapter 197-11 WAC. 84-19-030
				  (Order 90), § 468-12-704, filed
				  9/14/84.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-12 - Transportation commission and transportation department State Environmental Policy Act rules › Section 468-12-800 - Categorical exemptions

Current through Register Vol. 24-14, July 15, 2024
The following activities of the department are within the
				categorical exemptions contained in the indicated subsections of WAC
				197-11-800:
(1) The repair, maintenance, or minor
			 alteration of existing private or public structures, facilities or equipment,
			 as provided in WAC
			 197-11-800(3),
			 including but not limited to:
(a) Burning of
			 weeds or brush within right of way limits;
(b) Preparation, storage, and application of
			 sand and de-icing chemicals;
(c)
			 Disposal and/or treatment of sewage generated on transportation department
			 property in accordance with state and local regulations;
(d) Right of way mowings;
(e) Snow removal and avalanche
			 control;
(f) Erosion control
			 measures;
(g) Stormwater disposal
			 procedures not involving significant changes in existing drainage patterns and
			 quantities outside of transportation right of way;
(h) Street, road, rail, and airport cleaning
			 and sweeping;
(i) Litter pickup and
			 disposal;
(j) Removal and disposal
			 of debris;
(k) Application of right
			 of way fertilizer;
(l) Planting,
			 thinning, and removal of roadside, railside, or airport vegetation as required
			 for landscaping and maintenance purposes;
(m) Dead animal removal and
			 disposal;
(n) Pavement
			 burning;
(o) Maintenance and
			 fencing of game crossings;
(p) Pit
			 and sundry site reclamation;
(q)
			 Waste oil disposal;
(r) Maintenance
			 of chemical toilets;
(s) Control
			 and disposal of roadway spills;
(t)
			 The periodic application of approved pesticides to transportation rights of way
			 to maintain design conditions as provided in WAC
			 197-11-800(24);
(u) All repair, maintenance, or minor
			 alteration of existing transportation pavement, drainage facilities, rails,
			 earthwork, bridges, tunnels, guardrails, railroad protective devices, signs,
			 paths, trails, buildings, toll booths, radio and telephone equipment, air
			 quality equipment, rest area facilities, storage facilities, pit sites,
			 airports, and other physical features and structures within the jurisdiction of
			 the transportation department.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-12 - Transportation commission and transportation department State Environmental Policy Act rules › Section 468-12-880 - Exemptions for emergency actions

Current through Register Vol. 24-14, July 15, 2024
The emergency exemptions defined in WAC
				197-11-880 include, but are not
				limited to, the following emergency actions taken by the department.
(1) Issuance of emergency load restrictions
			 on highways and bridges;
(2)
			 Performance of emergency protection or restoration of highways and other
			 transportation facilities under circumstances defined in
			 RCW
			  47.28.170;
(3) Approval of funding for emergency
			 projects;
(4) Emergency disposal of
			 hazardous material;
(5) Emergency
			 disaster maintenance;
(6)
			 Installation, removal, or alteration of emergency generator
			 equipment;
(7) Restriction of use
			 of bridges due to structural deterioration;
(8) Emergency removal of materials dangerous
			 to highways, bridges, or other transportation facilities.
Statutory Authority:
				  RCW
				  43.21C.120 and chapter 197-11 WAC. 84-19-030
				  (Order 90), § 468-12-880, filed
				  9/14/84.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-12 - Transportation commission and transportation department State Environmental Policy Act rules › Section 468-12-904 - Incorporation of chapter 197-11 WAC

Current through Register Vol. 24-14, July 15, 2024
(1)
			 The provisions of chapter 197-11 WAC (SEPA guidelines adopted by the department
			 of ecology on January 26, 1984), are hereby adopted by the department, and are
			 incorporated in and made a part of this chapter by reference herein, to the
			 extent that the SEPA guidelines are applicable to the programs, activities, and
			 actions of the department.
(2) The
			 provisions of this chapter are intended to implement the provisions of chapter
			 197-11 WAC, and to be consistent therewith.
Statutory Authority:
				  RCW
				  43.21C.120 and chapter 197-11 WAC. 84-19-030
				  (Order 90), § 468-12-904, filed
				  9/14/84.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-12 - Transportation commission and transportation department State Environmental Policy Act rules › Section 468-12-910 - Designation of responsible official

Current through Register Vol. 24-14, July 15, 2024
The responsible official for any project or nonproject actions
				not described below shall be the secretary of the department. The responsible
				official for all project and nonproject EIS's is the project development
				engineer in Olympia. The responsible official for determinations of
				significance and determinations of nonsignificance on project actions is the
				district administrator in the district where the action is
				located.
Statutory Authority:
				  RCW
				  43.21C.120 and chapter 197-11 WAC. 84-19-030
				  (Order 90), § 468-12-910, filed
				  9/14/84.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-12 - Transportation commission and transportation department State Environmental Policy Act rules › Section 468-12-912 - Procedures when consulted

Current through Register Vol. 24-14, July 15, 2024
When a request by another agency for consultation is made
				pursuant to the provisions of WAC
				197-11-912, such request shall be
				referred for response to the project development office of the department in
				Olympia who shall coordinate the research and field investigations which may be
				necessary, and supervise the transmittal of the requested information to the
				lead agency within the time periods specified by WAC
				197-11-502.
Statutory Authority:
				  RCW
				  43.21C.120 and chapter 197-11 WAC. 84-19-030
				  (Order 90), § 468-12-912, filed
				  9/14/84.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-15 - Small works roster › Section 468-15-010 - Purpose and authority

Current through Register Vol. 24-14, July 15, 2024
This chapter is adopted pursuant to
				RCW
				 39.04.155, which requires a state agency
				establishing a small works roster or rosters to adopt rules implementing the
				statute. It is further intended to:
(1) Establish procedures for solicitation of
			 contractors interested in being placed on the department's small works
			 roster(s).
(2) Provide a fair cost
			 effective alternative method of contracting through the small works roster
			 process.
(3) Provide for a clear
			 concise method for a contractor to qualify for placement on the department's
			 small works roster(s).
(4) Provide
			 for an appeal and for a hearing procedure, for denial, suspension, or removal
			 from a small works roster.
Statutory Authority:
				  RCW
				  47.01.101,
				  39.04.155. 03-03-012, §
				  468-15-010, filed 1/7/03, effective
				  2/7/03.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-15 - Small works roster › Section 468-15-020 - Contractor prequalification

Current through Register Vol. 24-14, July 15, 2024
No contract for the construction, alteration, improvement, or
				repair of any state highway, or of any other public highway to be awarded and
				administered by the department of transportation, may be awarded to any
				contractor who has not first been prequalified to perform the work per the
				requirements of chapter 468-16 WAC. Bidding proposals will be issued only to
				prequalified contractors. Only prequalified contractors will be placed on a
				small works roster.
Statutory Authority:
				  RCW
				  47.01.101,
				  39.04.155. 03-03-012, §
				  468-15-020, filed 1/7/03, effective
				  2/7/03.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-15 - Small works roster › Section 468-15-030 - Public notice required by department establishing small works roster

Current through Register Vol. 24-14, July 15, 2024
The department will at a minimum once per year provide a public
				notice to the contracting community encouraging contractors to submit
				applications for inclusion on the small works roster. Such notice may be mailed
				directly to trade associations or to individual contractors, by publishing the
				notice in one trade publication of general circulation within the state, a
				minimum once per week for two weeks, preceding the date for establishment of
				the small works roster, or by any method reasonably calculated to assure that
				all contractors in the state of Washington are aware of the opportunity to be
				included on the small works roster. The notice shall include the address and
				phone number, of the department's contract ad and award office from which to
				request the required questionnaire form for application and approval to be
				placed on the small works roster.
Statutory Authority:
				  RCW
				  47.01.101,
				  39.04.155. 03-03-012, §
				  468-15-030, filed 1/7/03, effective
				  2/7/03.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-15 - Small works roster › Section 468-15-050 - Denial or removal of contractor from small works roster - Reasons

Current through Register Vol. 24-14, July 15, 2024
A contractor may be denied placement on or, after such
				placement, may be removed from a small works roster for any one or more of the
				following reasons:
(1) Information set
			 forth in the contractor's application is not accurate or can not be
			 verified;
(2) The contractor fails
			 to notify the department maintaining the small works roster of any changes in
			 the information set forth in its original application for placement on the
			 small works roster within thirty days of the effective date of the
			 change;
(3) The contractor fails to
			 respond to five solicitations for bids on jobs offered through the small works
			 roster;
(4) The contractor's past
			 performance demonstrates a lack of qualification in any specialty area
			 indicated by the contractor in the application for placement on the small works
			 roster;
(5) The contractor fails to
			 complete and return to the department maintaining the small works roster any
			 periodic update submitted by the department to determine the contractor's
			 ongoing interest in maintaining its placement on the small works
			 roster;
(6) Conviction of the firm
			 or its principals of violating a federal or state antitrust law by bid-rigging,
			 collusion, or restraint of competition between bidders; or conviction of
			 violating any other federal or state law related to bidding or contract
			 performance; or
(7) Knowingly
			 concealing any deficiency in the performance of a prior contract; or
(8) Falsification of information or
			 submission of deceptive or fraudulent statements in connection with
			 prequalification, bidding, performance of a contract, or in legal proceedings;
			 or
(9) Debarment of the contractor
			 by a federal or state agency; or
(10) Willful disregard for applicable laws,
			 rules or regulations.
The reasons for the denial or removal from the small works
				roster must be based on acts or omissions which took place within the five
				years preceding the date of the most recent submitted
				questionnaire.
Statutory Authority:
				  RCW
				  47.01.101,
				  39.04.155. 03-03-012, §
				  468-15-050, filed 1/7/03, effective
				  2/7/03.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-15 - Small works roster › Section 468-15-060 - Hearings procedure

Current through Register Vol. 24-14, July 15, 2024
(1) Whenever the
			 department believes that grounds exist to deny the contractor placement on a
			 small works roster or to suspend or remove the contractor from the roster,
			 notice of such grounds shall be given to the contractor by first-class mail. If
			 the contractor fails to object or request a hearing within twenty calendar days
			 after the mailing of said notice, then the denial, suspension or removal shall
			 be made effective. If the contractor requests a hearing by certified mail
			 within twenty calendar days after the mailing of the notice, a hearing shall be
			 conducted in accordance with the procedure set forth in this section. Unless
			 the department is otherwise prohibited from contracting with the contractor,
			 the denial, suspension or revocation shall not become effective until the final
			 decision of the secretary has been rendered.
(2) The secretary shall designate a hearing
			 official to conduct any hearing held under this section. The hearing official
			 shall furnish written notice by certified mail of a hearing to the contractor
			 and any named affiliates at least twenty calendar days before the effective
			 date of suspension or revocation or denial of qualification for placement on
			 the small works roster. The notice shall state:
(a) That suspension or revocation or denial
			 of qualification for placement on the small works roster is being
			 considered.
(b) The effective date
			 of the proposed action.
(c) The
			 facts giving cause for the proposed action.
(d) The cause or causes relied upon for
			 proposing the action, i.e., fraud, statutory violations, etc.
(e) If suspension is proposed, the duration
			 of the suspension.
(f) That the
			 contractor may, within twenty calendar days of receipt of the notice, submit to
			 the hearing official by certified mail, return receipt requested, information
			 and argument in opposition to or in clarification of the proposed
			 action.
(g) When the action is
			 based on a conviction, judgment, or admission, fact finding shall be conducted
			 if the hearing official determines that the contractor's submission raises a
			 genuine dispute over material facts upon which the denial, suspension or
			 revocation is based or whether the causes relied upon for proposing suspension
			 or revocation exist.
(h) The time,
			 place, and date of the hearing.
(i)
			 The name and mailing address of the hearing official.
(j) That proposals shall not be issued nor
			 contracts awarded to the contractor subsequent to the dispatch of the notice of
			 hearing pending the final decision of the secretary.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-16 - Prequalification of contractors › Section 468-16-010 - General

Current through Register Vol. 24-14, July 15, 2024
No contract for the construction, improvement or repair of any
				state highway, or of any other public highway to be awarded and administered by
				the department of transportation, may be awarded to any contractor who has not
				first been prequalified to perform the work. Bidding proposals will be issued
				only to prequalified contractors.
Statutory Authority:
				  RCW
				  47.01.101,
				  47.28.030 and
				  47.28.070. 91-04-014 (Order 128),
				  § 468-16-010, filed 1/28/91, effective
				  2/28/91.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-16 - Prequalification of contractors › Section 468-16-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter is promulgated to assure that contractors engaged
				in the improvement and construction of state highways possess the necessary
				qualifications as required by
				RCW
				 47.28.070. It is further intended to:
(1) Establish a method for determining a
			 contractor's qualifications to undertake department work and for the retention
			 of that qualification.
(2) Provide
			 a means for contractors to enhance their prequalification status and bidding
			 capacity through higher standards of performance.
(3) Increase the opportunity for a better
			 relationship between the department and construction contracting
			 firms.
(4) Provide for the award,
			 denial, suspension, or revocation of qualification; denial of proposal
			 issuance; and for a hearing procedure, if required, for such actions.
Statutory Authority:
				  RCW
				  47.01.101,
				  47.28.030 and
				  47.28.070. 91-04-014 (Order 128),
				  § 468-16-020, filed 1/28/91, effective
				  2/28/91.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-16 - Prequalification of contractors › Section 468-16-040 - Criteria for a determination of an unsatisfactory record of performance

Current through Register Vol. 24-14, July 15, 2024
The following list of deficiencies may be considered cause for
				a determination that an unsatisfactory record of performance exists:
(1) Failure to complete project on time;
			 or
(2) Continued workmanship below
			 the level of standard; or
(3)
			 Failure to adhere to the plans and specifications; or
(4) Disregard for the welfare or safety of
			 traveling public; or
(5) Inadequate
			 supervision and control of subcontractors; or
(6) Insufficient supervision available on
			 project site; or
(7) Inadequate
			 coordination and planning with owner; or
(8) Inadequate procurement and delivery of
			 supplies and materials; or
(9)
			 Inadequate control and utilization of equipment; or
(10) An overall performance rating in the
			 prime contractor performance report of less than standard as defined in WAC
			 468-16-030 and
			 468-16-150.
Statutory Authority:
				  RCW
				  47.01.101,
				  47.28.030 and
				  47.28.070. 93-03-020 (Order 134),
				  § 468-16-040, filed 1/12/93, effective 2/12/93; 91-04-014 (Order 128),
				  § 468-16-040, filed 1/28/91, effective
				  2/28/91.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-16 - Prequalification of contractors › Section 468-16-050 - Criteria for a determination of an unsatisfactory record of integrity and judgment

Current through Register Vol. 24-14, July 15, 2024
(1) The following
			 deficiencies may be cause for a determination that an unsatisfactory record of
			 integrity and judgment exists:
(a) Conviction
			 of the firm or its principals of violating a federal or state antitrust law by
			 bid-rigging, collusion, or restraint of competition between bidders; or
			 conviction of violating any other federal or state law related to bidding or
			 contract performance; or
(b)
			 Knowingly concealing any deficiency in the performance of a prior contract;
			 or
(c) Falsification of information
			 or submission of deceptive or fraudulent statements in connection with
			 prequalification, bidding, performance of a contract, or in legal proceedings;
			 or
(d) Debarment of the contractor
			 by a federal or state agency; or
(e) Willful disregard for applicable laws,
			 rules or regulations.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-16 - Prequalification of contractors › Section 468-16-060 - Criteria for a determination of inability to comply with performance schedules

Current through Register Vol. 24-14, July 15, 2024
The following discrepancies may be cause for a determination of
				inability to comply with performance schedules:
(1) A majority of responses to inquiries made
			 to owners of previously completed projects reveal that projects have not been
			 completed on time; or
(2) A major
			 portion of projects completed within the last three years for the department
			 have not been completed on time; or
(3) When two or more consecutive performance
			 reports are rated below standard in the area of "progress of work";
			 or
(4) Neglectful or willful
			 failure to meet interim completion dates as defined in the contract.
Statutory Authority:
				  RCW
				  47.01.101,
				  47.28.030 and
				  47.28.070. 93-03-020 (Order 134),
				  § 468-16-060, filed 1/12/93, effective 2/12/93; 91-04-014 (Order 128),
				  § 468-16-060, filed 1/28/91, effective
				  2/28/91.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-16 - Prequalification of contractors › Section 468-16-070 - Criteria for a determination of the lack of necessary experience, organization, or technical qualifications

Current through Register Vol. 24-14, July 15, 2024
A determination of lack of necessary experience, organization,
				or technical qualification may be made when data has been presented which
				reveals:
(1) A lack of prior
			 experience in the classes of work for which qualification is sought;
			 or
(2) That supervisory experience
			 of key personnel responsible for prior projects has been reported predominantly
			 below standard or less than satisfactory on performance reports and responses
			 to inquiries made to other project owners or agencies; or
(3) That permanent employment status of key
			 supervisory personnel has not been of a duration of at least one year or for
			 the duration of the project in which they have been engaged; or
(4) That previous work experience in a work
			 class presented for qualification did not conform to plans and specifications
			 for the project; or
(5) That work
			 claimed by the contractor was completed by others.
Statutory Authority:
				  RCW
				  47.01.101,
				  47.28.030 and
				  47.28.070. 93-03-020 (Order 134),
				  § 468-16-070, filed 1/12/93, effective 2/12/93; 91-04-014 (Order 128),
				  § 468-16-070, filed 1/28/91, effective
				  2/28/91.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-16 - Prequalification of contractors › Section 468-16-080 - Qualification procedures for projects under one hundred thousand dollars

Current through Register Vol. 24-14, July 15, 2024
(1) Contractors may be qualified for projects
			 valued under one hundred thousand dollars through submission of a project
			 specific prequalification questionnaire. Submission of a limited
			 prequalification questionnaire (DOT form 272-063) to the contract advertisement
			 and award office or designee is required, except when the contractor is
			 currently prequalified with the department of transportation under the
			 provisions of chapter 468-16 WAC.
(2) Procedures for letting contracts valued
			 under one hundred thousand dollars are published in the
Contract
			 Advertisement and Award Manual
.
Statutory Authority:
				  RCW
				   47.01.101,
				  47.28.030, and
				  47.28.070. 00-14-055, §
				  468-16-080, filed 7/3/00, effective 8/3/00; 97-09-045 (Order 168), §
				  468-16-080, filed 4/15/97, effective 5/16/97; 91-04-014 (Order 128), §
				  468-16-080, filed 1/28/91, effective
				  2/28/91.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-16 - Prequalification of contractors › Section 468-16-100 - Conditional qualification

Current through Register Vol. 24-14, July 15, 2024
(1) A firm may
			 be conditionally qualified when it has been given a below standard (less than
			 100) performance rating on a final performance report. A firm may also be
			 qualified conditionally by the secretary when performance has become below
			 standard in either "quality of work" or "progress of work" on an interim report
			 for a current project. The region administrator or designated assistant may,
			 under the foregoing condition, request in writing that a contractor be placed
			 in conditional status. A conditionally qualified contractor will be denied
			 bidding proposals while in that status but may receive, at the discretion of
			 the secretary, a bidding proposal for one project.
(2) The assistant secretary for field
			 operations support shall advise the contractor and the region administrator or
			 designated assistant when a contractor has been placed in conditional
			 status.
(3) Should the contractor
			 be the low successful bidder and be awarded a contract subsequent to being
			 placed in conditional status, the issuance of further bidding proposals will be
			 considered only when an interim report is submitted in accordance with WAC
			 468-16-160 or when a final
			 performance report is submitted in accordance with WAC
			 468-16-150(12)
			 and the rating thereon is standard or better.
(4) Normally a contractor may have only one
			 active prime contract for the department while qualified
			 conditionally.
(5) Return to fully
			 qualified status of a conditionally qualified contractor will be effected by:
(a) A performance rating of standard or above
			 on contracts completed during the current prequalification year; or
(b) An interim rating of standard or above on
			 all concurrent contracts; or
(c) A
			 standard or above rating on the first interim report for a project awarded
			 subsequent to conditional qualification.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-16 - Prequalification of contractors › Section 468-16-110 - Joint ventures

Current through Register Vol. 24-14, July 15, 2024
(1) Joint ventures
			 are prequalified under two categories as follows:
(a) Individual project joint venture - An
			 association of two or more firms formed for the specific purpose of submitting
			 a bid on a specific project.
(i) All firms
			 must be individually prequalified with the contracting agency. The joint
			 venture must have the experience to perform a percentage of the total work (by
			 work class) as specified in the current issue of the
Standard
			 Specifications
. When both firms have experience in the same work
			 class, the higher of the two amounts will be used to determine if the joint
			 venture meets the experience requirements. The maximum bidding capacities of
			 the firms shall be added together, increasing the size of the contract that the
			 joint venture may bid on.
(ii) The
			 firms must file an "individual project statement of joint venture" and a joint
			 venture agreement in the formats prescribed.
(iii) Individual project joint ventures must
			 maintain a standard or higher performance. Should the individual project joint
			 venture receive a less than standard rating, the provisions of WAC
			 468-16-100 shall apply.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-16 - Prequalification of contractors › Section 468-16-120 - Work class ratings

Current through Register Vol. 24-14, July 15, 2024
(1) Qualification
			 shall be granted a contractor in one or more classes of work in which the firm
			 has shown the capability to satisfactorily perform with its own forces under
			 its own immediate supervision.
(2)
			 The department's project estimate shall be the only estimate used to determine
			 the value of the various classes of work within a project for determining a
			 contractor's eligibility to bid that specific project. The contractor will be
			 required to perform a specified percentage of the total work as provided for in
			 the current issue of the
Standard Specifications.
(3) Contractors will be given work class
			 ratings on the basis of their financial status, performance record, previous
			 experience, organization, and condition and suitability of equipment.
(4) When it has been determined that adequate
			 competition cannot be afforded as a result of either the lack of prequalified
			 bidders, or the lack of applicants for qualification with sufficient experience
			 in the work class required, the department may take in consideration the firm's
			 experience in performing other related work in order to create competition
			 providing that:
(a) The work class does not
			 require a specialty license.
(b)
			 The firm seeking the work class is deemed qualified in another work class under
			 chapter 468-16 WAC.
(c) The firm
			 seeking such work meets all other requirements prescribed under this chapter
			 including the availability of the necessary equipment for the project being
			 let.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-16 - Prequalification of contractors › Section 468-16-140 - Maximum capacity rating

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 maximum capacity rating shall be determined by multiplying the contractor's
			 reported net worth by a factor of 5.0. The factor may be increased at a rate of
			 0.5 annually, provided the contractor has maintained a satisfactory performance
			 record with the department and has completed a contract of fifty thousand
			 dollars or more within the preceding prequalification year. The maximum factor
			 shall be 7.5. The department may at any time decrease the rating factor if the
			 contractor's performance becomes less than standard, however no decrease in the
			 bidding capacity will become effective until action to appeal, as specified in
			 these rules, has been completed.
(2) For the purpose of prequalification and
			 establishing the maximum capacity rating, the following additional resources
			 may be added to net worth if supported with documentation as specified:
(a) An operating line of credit -
			 Documentation from an acceptable financial institution stating the amount of
			 credit authorized, its expiration date, and the amount currently available. The
			 document must be authenticated by an official authorized to execute lines of
			 credit on behalf of the institution. Should the operating line of credit be
			 revoked, it shall be deducted before computing a new annual maximum capacity
			 rating.
(b) A parent firm guarantee
			 of net worth - A sworn statement from the parent firm that guarantees the
			 performance of the subsidiary for any contracts awarded it. The document shall
			 include a parent firm guarantee in an amount such that when calculated in
			 subsection (1) of this section will not be less than the value of uncompleted
			 contracts of the subsidiary. An audited financial statement, as prescribed in
			 WAC 468-16-090(9),
			 may be requested from the parent firm when deemed appropriate.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-16 - Prequalification of contractors › Section 468-16-160 - Interim reports

Current through Register Vol. 24-14, July 15, 2024
(1) Interim
			 performance reports will be completed for contracts of long duration,
			 particularly those in excess of one year and submitted to the contract
			 advertisement and award office. They will be completed annually on the
			 anniversary of the start date of the contract. An interim report will also be
			 completed when a contractor's total, overall work has become less than standard
			 and the firm has been advised in writing of such performance. An interim report
			 may never cover a period of more than one year. The report will be used by the
			 secretary as a basis for determining whether a contractor will be placed in
			 conditional status.
(2) In the case
			 of a conditionally qualified firm, an interim report shall be submitted at
			 sixty calendar day intervals for the project being undertaken by that firm
			 subsequent to its being placed in conditional status. When a contractor's
			 overall performance has not been brought up to standard after two consecutive
			 interim reports have been prepared, no further interim reports shall be made
			 except at the written request of the contractor. The date of the report will be
			 the date of the contractor's request.
(3) The project engineer shall submit an
			 interim report when it becomes evident that he or she will no longer be
			 involved in the project, providing that project has been in progress for
			 twenty-five percent of the working days assigned the project or ninety working
			 days whichever is less.
(4) Interim
			 performance reports will supplement and will be made a part of the final
			 performance report.
(5) The
			 procedures specified in WAC
			 468-16-150(5) through
			 (14)  are also applicable to the processing of
			 the interim performance report.
(6)
			 DOT Form 421-010 is authorized.
Statutory Authority:
				  RCW
				   47.01.101,
				  47.28.030 and
				  47.28.070. 97-09-045 (Order 168),
				  § 468-16-160, filed 4/15/97, effective 5/16/97; 94-05-004, §
				  468-16-160, filed 2/2/94, effective 3/5/94; 93-03-020 (Order 134), §
				  468-16-160, filed 1/12/93, effective 2/12/93; 91-04-014 (Order 128), §
				  468-16-160, filed 1/28/91, effective
				  2/28/91.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-16 - Prequalification of contractors › Section 468-16-170 - Refusal to issue proposal

Current through Register Vol. 24-14, July 15, 2024
The secretary may refuse to issue a proposal for reasons as
				enumerated in WAC
				468-16-040 through
				468-16-070, inclusive. Refusal to
				issue a proposal may continue in effect until the cause for the refusal has
				been eliminated. One or more of the following additional conditions may be
				considered sufficient for refusal to issue a proposal:
(1) The value of outstanding work plus the
			 contract total of the work proposed to be bid exceeds the contractor's maximum
			 capacity rating.
(2) Being placed
			 in conditional status.
(3) Making
			 false, fraudulent, or deceptive statements on the standard questionnaire,
			 related documents, or documents prepared in the course of prosecuting the
			 work.
(4) Debarment or suspension
			 from participation in federal or state projects.
(5) Expiration of qualification.
(6) Failure to update the latest
			 questionnaire to fairly represent the contractor's current organization and
			 financial status.
(7)
			 Bankruptcy.
(8) The existence of
			 any conditions described in WAC
			 468-16-040 through
			 468-16-070 inclusive.
Statutory Authority:
				  RCW
				  47.01.101,
				  47.28.030 and
				  47.28.070. 97-09-045 (Order 168),
				  § 468-16-170, filed 4/15/97, effective 5/16/97; 93-03-020 (Order 134),
				  § 468-16-170, filed 1/12/93, effective 2/12/93; 91-04-014 (Order 128),
				  § 468-16-170, filed 1/28/91, effective
				  2/28/91.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-16 - Prequalification of contractors › Section 468-16-180 - Suspension of qualification

Current through Register Vol. 24-14, July 15, 2024
(1) A suspension
			 may be ordered for cause or for a period pending the completion of
			 investigation and any ensuing legal action for revocation of
			 qualification.
(2) The secretary
			 may, upon determination from reports, other documents, or through investigation
			 that cause exists to suspend the qualification of a contractor, impose
			 suspension upon a contractor.
(3)
			 The secretary may suspend qualification for:
(a) Incompetency found detrimental to timely
			 project completion or to the safety of the public or employees.
(b) Inadequate performance on one or more
			 projects.
(c) Infractions of rules,
			 regulations, specifications, and instructions which may adversely affect public
			 health, welfare, and safety.
(d)
			 Uncompleted work which might prevent the prompt completion of other
			 work.
(e) A finding of
			 noncompliance and refusal to agree to take corrective action, and/or failure to
			 implement agreed upon corrective action to comply with equal employment
			 opportunity, small, women's, minority, disadvantaged business enterprise, and
			 veteran-owned business requirements or state apprentice utilization
			 requirements.
(f) Repeated findings
			 of noncompliance (two or more) with equal employment opportunity, small,
			 women's, minority, disadvantaged business enterprise, and veteran-owned
			 business requirements or state apprentice utilization requirements.
(g) Debarment or suspension from
			 participation in federal or state projects.
(h) Pending completion of debarment
			 proceedings in federal or state projects.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-16 - Prequalification of contractors › Section 468-16-190 - Revocation of qualification

Current through Register Vol. 24-14, July 15, 2024
(1) The secretary,
			 upon determination from reports, other documents, or investigation that cause
			 exists to revoke the qualification of a contractor, may revoke the contractor's
			 qualifications for a maximum period of two years.
(2) The secretary may revoke the
			 qualification of a contractor upon a plea by the firm of nolo contendere,
			 conviction, judgment, or admission for any of the following causes:
(a) Existence of any condition cited in WAC
			 468-16-050.
(b) Intentional falsification with intent to
			 defraud or unauthorized destruction of project related records.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-16 - Prequalification of contractors › Section 468-16-200 - Hearings procedure

Current through Register Vol. 24-14, July 15, 2024
(1) A contracting
			 firm which has been notified by the secretary that the department is
			 contemplating suspending or revoking its qualification, may request in writing
			 within 20 calendar days of the date of notification by email, that a hearing be
			 conducted. Unless the department is otherwise prohibited from contracting with
			 the contractor, the suspension or revocation shall not become effective until
			 the final decision of the secretary has been rendered. The hearing shall be
			 conducted in accordance with the procedure set forth in this section.
(2) The secretary shall designate a hearing
			 official to conduct any hearing held under this chapter. The hearing official
			 shall furnish written notice by email with a read receipt of a hearing to the
			 contractor and any named affiliates at least 20 calendar days before the
			 effective date of suspension or revocation of qualifications. The notice shall
			 state:
(a) That suspension or revocation of
			 qualification is being considered.
(b) The effective date of the proposed
			 action.
(c) The facts giving cause
			 for the proposed action.
(d) The
			 cause or causes relied upon for proposing the action, i.e., fraud, statutory
			 violations, etc.
(e) If suspension
			 is proposed, the duration of the suspension.
(f) That the contractor may, within 20
			 calendar days of receipt of the notice, submit to the hearing official by
			 email, read receipt requested, information and argument in opposition to or in
			 clarification of the proposed action.
(g) When the action is based on a conviction,
			 judgment, or admission, fact-finding shall be conducted if the hearing official
			 determines that the contractor's submission raises a genuine dispute over
			 material facts upon which the suspension or revocation is based or whether the
			 causes relied upon for proposing suspension or revocation exist.
(h) The time, place, and date of the
			 hearing.
(i) The name and email
			 address of the hearing official.
(j) That proposals shall not be issued nor
			 contracts awarded to the contractor subsequent to the dispatch of the notice of
			 hearing pending the final decision of the secretary.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-16 - Prequalification of contractors › Section 468-16-210 - Prime contractor performance report

Current through Register Vol. 24-14, July 15, 2024
(1) The evaluation
			 of contractor performance shall be made on a form substantially in the format
			 as illustrated herein.
(2) A
Prime Contractor Performance Report Manual
provides detailed
			 instructions for preparation of the prime contractor performance report.
Prime Contractor Performance Report
				Instructions
The Prime Contractor Performance Report, DOT Form 421-010,
				consists of two parts - page 1 and page 2. Page 1 consists of Sections I, II,
				and III. Page 2 consists of Sections IV and V. The electronic form is optimized
				for use with Adobe Acrobat. Do not use Adobe Sign to complete or route the form
				for signature.
1. PE completes
			 Sections I - IV in strict conformance with the Prime Contractor Performance
			 Report Manual (M41-40)
2. PE Send
			 to Contractor and discuss.
3. PE
			 sign electronically and transmit to Region. It is recommended to use Adobe
			 Acrobat for signing. Do not lock the form when signing.
4. Region Operations Engineer review, sign
			 electronically. Do not lock the form when signing. Print and mail to Contractor
			 via Certified Mail. Retain electronic copy for further processing.
5. Wait 20 days. Respond to protests, as
			 necessary. Make adjustments.
a. Adjustments
			 made with strikethrough, adding new text and initials of individual making
			 change.
6. Regional
			 Administrator Sign electronically. Do not lock the form when signing. The form
			 must be unlocked for headquarters use.
7. Transmit to Contract Ad and Award
			 electronically. Distribute copies to PE, RA, and Contractor.
DOT Form 421-010 Distribution: Original - Prequalification
				Branch Copy - Region Administrator Copy - Project Engineer Copy-Contractor
				Revised 07/2022
Click
				to view image
Click
				to view image
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-17 - Small and veteran-owned business enforceable goals program › Part ONE - PURPOSE AND AUTHORITY › Section 468-17-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
RCW  47.01.101 provides that the
				  Washington state department of transportation (WSDOT) may adopt rules that are
				  subject to the adoption procedures contained in the state Administrative
				  Procedure Act.
				  RCW
				   47.01.260(1) provides that
				  WSDOT "shall exercise all the powers and perform all the duties necessary" to
				  managing the state's transportation systems.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-17 - Small and veteran-owned business enforceable goals program › Part ONE - PURPOSE AND AUTHORITY › Section 468-17-020 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The small and veteran-owned business
				enforceable goals program increases contracting opportunities for small and
				veteran-owned businesses with WSDOT in a race and gender-neutral fashion. The
				measures described in this chapter:
(a)
				Ensure that only eligible firms receive credit for and participate in the small
				and veteran-owned business enforceable goals program;
(b) Augment the pool of qualified and
				competitive companies performing work on WSDOT projects, thereby:
(i) Increasing competition for
				contracts;
(ii) Reducing the cost
				of public works projects;
(iii)
				Expanding the pool of talented and qualified consultants bidding on consultant
				agreements; and
(iv) Creating new
				opportunities for firms to participate in Washington state transportation
				projects.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-17 - Small and veteran-owned business enforceable goals program › Part TWO - GENERAL REQUIREMENTS › Section 468-17-040 - Application of chapter

Current through Register Vol. 24-14, July 15, 2024
The small and veteran-owned business enforceable goals
				  program authorized under this chapter is limited to:
(1) Heavy construction public works contracts
				with a minimum engineer's or preliminary estimate of two hundred fifty thousand
				dollars and above.
(2) Consultant
				agreements with a minimum preliminary estimate of two hundred fifty thousand
				dollars and above.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-17 - Small and veteran-owned business enforceable goals program › Part TWO - GENERAL REQUIREMENTS › Section 468-17-050 - Goals

Current through Register Vol. 24-14, July 15, 2024
On solely state-funded projects, the small and veteran
				  business goals for participation of small and veteran-owned enterprises shall
				  be as directed by the department or other state agencies conducting disparity
				  studies. Presently these goals are set as follows:
(1) Veteran business goal of five percent;
				and
(2) Small business goal of five
				percent.