reglab/statecodes huggingface dataset:
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 468-17-060 - Commercially useful function

Current through Register Vol. 24-14, July 15, 2024
Under the enforceable goals program, commercially useful
				  function (CUF) restrictions apply to all SBEs, mini-businesses,
				  micro-businesses and VOBs. These businesses must perform a CUF in order for
				  their participation to be counted against any goal. A business performs a CUF
				  when it is both responsible for the execution of the work of the contract and
				  it meets its responsibility under the contract by actually performing,
				  managing, and supervising the work involved. If any materials or supplies are
				  needed to perform the contract, the business must negotiate price, determine
				  quality and quantity, order the material, install (if applicable), and pay for
				  those materials or supplies itself.
Additional considerations when making a determination on a
				  CUF are as follows:
(1) A SBE, VOB,
				micro-business or mini-business does not perform a CUF if its role is limited
				to that of an extra participant in a transaction or contract or it is involved
				in a project for the purposes of creating a semblance of SBE, VOB,
				micro-business or mini-business participation.
(2) Other relevant factors that may be
				considered when evaluating whether a SBE, VOB, micro-business or mini-business
				is performing a CUF include industry practices, the amount of work
				subcontracted and whether the amount the firm is to be paid under the contract
				is commensurate with the work it is actually performing.
(3) In addition, a business that functions as
				a supplier shall:
(a) Be the manufacturer of
				the goods or materials or assume the actual and contractual responsibility for
				furnishing the goods or materials and executing material changes in the
				configuration of those goods or materials; or
(b) Secure a contract or distributor
				agreement with a manufacturer to act as an independent authorized
				representative capable of passing on product warranties to the
				purchaser.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-17 - Small and veteran-owned business enforceable goals program › Part THREE - RACE AND GENDER NEUTRAL MEASURES › Section 468-17-070 - Mandatory small and veterans' business program

Current through Register Vol. 24-14, July 15, 2024
Small business enterprises and veteran-owned businesses
				  intending to benefit from the small and veteran-owned business enforceable
				  goals program must attain a SBE certification from OMWBE, a VOB certification
				  from the Washington department of veteran's affairs, or be self-certified as a
				  SBE, mini-business, or micro-business through the WEBS.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-17 - Small and veteran-owned business enforceable goals program › Part THREE - RACE AND GENDER NEUTRAL MEASURES › Section 468-17-080 - Tiered participation in state goals

Current through Register Vol. 24-14, July 15, 2024
(1) When WSDOT has determined tiered
				participation will be available on a contract, a prime contractor,
				design-builder, general contractor/construction manager or consultant may meet
				the small and veteran business goals by using any combination of qualified
				contractors or consultants (i.e., VOB or small business contractors including
				SBEs, mini-businesses and micro-businesses). Prime contractors may receive a
				multiplied credit for utilizing businesses that fall into certain categories.
				The categories and respective multipliers are as follows:
(a) Category A. SBEs, mini-businesses,
				micro-businesses and VOBs that have not worked with WSDOT in the past five
				years may be credited at four times the actual dollars paid.
(b) Category B. A micro-business not eligible
				for credit as defined in category A may be credited at three times the actual
				dollars paid.
(c) Category C. A
				mini-business not eligible for credit as defined in category A or B may be
				credited at two times the actual dollars paid.
(d) Category D. SBEs and VOBs that are not
				eligible for a credit as defined in categories A, B or C will be credited at
				the actual dollars paid with no additional multiplier.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-17 - Small and veteran-owned business enforceable goals program › Part THREE - RACE AND GENDER NEUTRAL MEASURES › Section 468-17-100 - Good faith efforts

Current through Register Vol. 24-14, July 15, 2024
The efforts employed by the prime contractor, design-builder,
				  or consultant should be commercially reasonable and should demonstrate that
				  they are actively and aggressively trying to fulfill the established small and
				  veteran business goals. Mere pro forma efforts are not commensurate with good
				  faith efforts. Actions that may be considered as part of good faith efforts to
				  achieve small and veteran business goals include, but are not limited
				  to:
(1) Identification of interested
				small and veteran-owned firms that have the capability to perform the work of
				the contract;
(2) Providing
				reasonable time for SBE, VOB, mini-businesses and micro-businesses to fully and
				meaningfully respond to bid solicitations, that includes providing adequate
				information about the plans, specifications, and requirements of the contract
				along with timely responses to subcontractor inquiries and proposals;
(3) Apportioning contract work items into
				economically feasible units to facilitate SBE, VOB, micro-business or
				mini-business participation and where possible, establishing flexible time
				frames for performance to encourage participation;
(4) Effectively using the services of
				available veteran and small business community organizations, contractors'
				groups, local and state support offices, and other organizations in the
				recruitment and placement of targeted firms;
(5) Adequately researching interested
				subcontractors and their capabilities before rejecting their
				proposals;
(6) Not relying on price
				alone in the selection of subcontractors and considering reasonable quotes from
				SBE, VOB, micro-business or mini-business, even if other quotes are less
				expensive.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-17 - Small and veteran-owned business enforceable goals program › Part THREE - RACE AND GENDER NEUTRAL MEASURES › Section 468-17-110 - Overhead reimbursement

Current through Register Vol. 24-14, July 15, 2024
WSDOT may reimburse each prime contractor or consultant five
				  percent of the actual amount that the prime contractor or consultant paid to
				  SBEs, VOBs, micro-businesses or mini-businesses and that is counted toward the
				  goal. This overhead reimbursement is available only on construction projects,
				  is to be based on actual dollars paid, excludes multiplier credits, and may not
				  exceed one hundred thousand dollars for any prime contractor or consultant in a
				  single calendar year. Overhead reimbursement payments will be made only after a
				  contractor has fulfilled its small and veteran business goals. Reimbursement
				  payments will not be paid to contractors for partial completion of
				  aforementioned goals. No contractor may receive an overhead reimbursement if it
				  meets the contract goal using work performed with its own
				  forces.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-17 - Small and veteran-owned business enforceable goals program › Part THREE - RACE AND GENDER NEUTRAL MEASURES › Section 468-17-120 - Sanctions

Current through Register Vol. 24-14, July 15, 2024
(1) Upon completion of a project, a prime
				contractor performance report will display a contractor's goal attainment or
				GFE. Failure to meet the goal or provide an acceptable GFE may lead to the
				following sanctions:
(a) Suspension of a
				contractor's prequalification; or
(b) Liquidated damages as defined under
				RCW
				 62A.2-718.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-17 - Small and veteran-owned business enforceable goals program › Part THREE - RACE AND GENDER NEUTRAL MEASURES › Section 468-17-130 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of these regulations, or their application
				  to any person or circumstance, is held invalid, the remainder of the
				  regulations or the application of their provision to other persons or
				  circumstances shall not be affected.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-18 - City/county project coordination › Section 468-18-010 - Consent by local governing body

Current through Register Vol. 24-14, July 15, 2024
Consent by local governing body . . . it is the requirement of
				the state department of transportation that when consent or concurrence is
				required of any local governing body as to any project or proposal of the state
				department of transportation, the local body indicate its concurrence, assent
				or other action regarding such project or proposal by resolution of the
				governing body of such authority, duly passed at a regular meeting of such body
				and directed to be transmitted to the state department of
				transportation.
Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order
				  10 and Comm. Order 1, Resolution No. 13), § 468-18-010, filed 12/20/78.
				  Formerly WAC 252-10-010.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-18 - City/county project coordination › Section 468-18-030 - Policy governing use of county roads as haul roads on state highway projects

Current through Register Vol. 24-14, July 15, 2024
(1) The secretary
			 of transportation or his representative shall, at the time of the preliminary
			 planning for any state highway project requiring the use of any county road or
			 portion thereof as a haul road, contact the county officials and advise them
			 that such use is contemplated.
(2)
			 When the final plans for such project are prepared, and prior to advertising
			 for bids, the secretary of transportation or his representative shall meet with
			 the county officials and inform them of the full particulars regarding the
			 intended use of the county road, including estimates of the total yardage
			 involved and the duration of the project.
(3) Before a contract is awarded, the
			 secretary of transportation and the county officials shall sign an agreement
			 setting forth clearly the obligations of the state for defraying added
			 maintenance costs for the county road involved. The agreement shall
			 specifically set forth that the conclusions of the secretary of transportation
			 as to the actual costs to be paid by the state shall be final and
			 conclusive.
(4) Subsequent to the
			 state's contractor having terminated his use of the county road and as soon
			 thereafter as is possible the county shall submit its claim for compensation
			 for additional maintenance and the secretary shall make such review thereof as
			 shall be necessary to ascertain that the state will pay only that portion of
			 the increased maintenance costs occasioned by the state's contractor's use of
			 the county roads.
(5) A special
			 provision in the contract shall specify that the contractor or contractors
			 using the county road as a haul road in connection with the state project shall
			 abide by all weight and speed laws in the operation of his or their equipment
			 and shall be liable for any increased damage to the road by reason of his or
			 their failure to do so.
(6) For
			 administration purposes moneys paid pursuant to the maintenance agreement shall
			 be included as part of the construction project.
Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order
				  10 and Comm. Order 1, Resolution No. 13), § 468-18-030, filed 12/20/78.
				  Formerly WAC 252-10-030.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-18 - City/county project coordination › Section 468-18-050 - Policy on the construction, improvement and maintenance of intersections of state highways and city streets

Current through Register Vol. 24-14, July 15, 2024
(1)
Legal reference.
Section 61,
			 chapter 220, Laws of 1949 provides in part as follows: "...; and all such
			 streets including curbs and gutters and street intersections and such bridges
			 and wharves shall be constructed and maintained by the director from any state
			 funds available therefor.
"The jurisdiction control and duty of the state and city and
				town with respect to said streets shall be as follows:
(a)...
(b) The city and town shall exercise full
			 responsibility for and control over any such street beyond the curbs, and if no
			 curb is installed beyond the portion used for highway purposes."
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-19 - Minority and women business enterprises enforceable goals program › Section 468-19-040 - Joint checks

Current through Register Vol. 24-14, July 15, 2024
(1) Joint checks
			 may only be used by a MWBE to pay for materials or supplies.
(a) A joint check is a check between a MWBE
			 and the prime contractor to the supplier of materials/supplies, only.
(b) The check is issued by the prime
			 contractor as payer to the MWBE and the material supplier jointly for items to
			 be incorporated into the project.
(c) The MWBE must release the check to the
			 supplier, while the prime contractor acts solely as the guarantor.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-19 - Minority and women business enterprises enforceable goals program › Section 468-19-050 - Good faith efforts

Current through Register Vol. 24-14, July 15, 2024
(1) The prime
			 contractor shall utilize the MWBEs to perform the work and supply the materials
			 for which each is committed through an executed contract, unless prior written
			 approval by WSDOT has been received by the contractor. The prime contractor
			 shall not be entitled to any payment for work or material completed by the
			 prime contractor or other subcontractors that was committed to be completed by
			 an MWBE.
(2) The prime contractor
			 shall make a good faith effort (GFE) to achieve the MWBE contract goals. The
			 following is a list of the types of actions which would be considered as part
			 of the prime contractor's GFE to achieve MWBE participation. It is not intended
			 to be an exclusive or exhaustive list. Other factors or types of efforts may be
			 relevant in certain cases.
(a) Prime
			 contractor solicited, through all reasonable and available means, the interest
			 of all certified MWBEs who had the capability to perform the work of the
			 contract.
(b) The prime contractor
			 solicited interest with sufficient time to allow MWBEs to respond to the
			 solicitation.
(c) The prime
			 contractor determined with certainty that MWBEs were interested in taking
			 appropriate steps to follow up initial solicitations with potential
			 MWBEs.
(d) Where appropriate,
			 breaking out the contract work items into economically feasible units to
			 facilitate MWBE participation; even when the prime contractor might otherwise
			 prefer to perform these work items with its own forces.
(e) Provided interested MWBEs with adequate
			 information about the plans, specifications, and requirements of the contract
			 in a timely manner to assist them in responding to a solicitation.
(f) Not rejecting MWBEs as being unqualified
			 without sound reasons based on a thorough investigation of their
			 capabilities.
(g) Made efforts to
			 assist interested MWBEs in obtaining bonding, lines of credit, or insurance as
			 required by WSDOT or the prime contractor.
(h) Made efforts to assist interested MWBEs
			 in obtaining necessary equipment, supplies, materials, or related assistance or
			 services.
(i) Effectively used the
			 services of available community organizations; contractor's groups; local,
			 state, and federal small business assistance offices; and other organizations
			 to provide assistance in recruitment and placement of MWBEs.
(j) Documentation of GFE must include copies
			 of each MWBE and non-MWBE quotes submitted to the prime contractor when a
			 non-MWBE selected over a MWBE for work on the contract.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-19 - Minority and women business enterprises enforceable goals program › Section 468-19-060 - Other program requirements

Current through Register Vol. 24-14, July 15, 2024
(1) The prime
			 contractor shall submit a monthly inclusion report to WSDOT, documenting each
			 MWBE on the contract, the MWBE's original and current contract value, invoice
			 to date, and total payments to date.
(2) The prime contractor shall provide an
			 inclusion manager responsible for developing, overseeing, and managing a
			 contract inclusion program and the inclusion plan, which describes and defines
			 the process for attaining the MWBE goals.
(3) The inclusion plan shall be submitted to
			 WSDOT within 30 days of initiating contract work, and be updated annually,
			 thereafter, until project physical completion.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-19 - Minority and women business enterprises enforceable goals program › Section 468-19-070 - Penalties for noncompliance

Current through Register Vol. 24-14, July 15, 2024
If a person, firm, corporation, or business does not comply
				with any provision of this chapter or with a contract requirement established
				under this chapter, WSDOT may impose one or more of the following penalties:
				Withholding payment, suspension or revocation of the prime contractor's
				prequali-fication in accordance with chapter 468-16 WAC, or suspension or
				termination of the contract.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-20 - Dishonored checks › Section 468-20-900 - Dishonored checks

Current through Register Vol. 24-14, July 15, 2024
Checks dishonored by nonacceptance or nonpayment; handling fee;
				liability for interest and collection costs; attorney's fees.
(1) Whenever a check, as defined in
			 RCW
			  62A.3-104, is dishonored by either
			 nonacceptance or nonpayment for any reason other than by a justifiable stop
			 payment order, the department shall collect from the drawer or maker, in
			 addition to the face amount of the check, a reasonable handling fee, per check,
			 in an amount consistent with current commercial practices but not less than the
			 handling fee authorized in the then current state purchase contract for
			 dishonored check collection services.
(2) When the dishonored check and handling
			 fee have not been paid within fifteen days of the mailing of a notice of
			 dishonor to the drawer or maker at his or her last known address, the drawer or
			 maker shall also be liable for the payment of interest as well as the costs of
			 collection as authorized in statute.
(3) Should the department have to pursue
			 collection of the check through the courts, the drawer or maker may also be
			 liable for reasonable attorneys' fees plus damages as authorized in
			 statute.
Statutory Authority: RCW 62A 3-515 [62A.3-515]. 96-01-090
				  (Order 159), § 468-20-900, filed 12/19/95, effective 1/19/96. Statutory
				  Authority:
				  RCW
				   62A.3-104. 91-02-007 (Order 126), §
				  468-20-900, filed 12/21/90, effective
				  1/21/91.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-22 - County ferry franchises, tolls, and financial assistance › Section 468-22-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
23 U.S.C. §
									129  and
				RCW
				 47.04.140 require that counties operating
				ferries which receive federal aid under
				Title
				23 of the United States Code
				must obtain from the department a franchise authorizing such ferry operations
				and approving their tolls.
				RCW
				 47.56.720 and
				47.56.725 permit the department to
				enter into continuing agreements to provide financial assistance for counties
				operating ferries. The purpose of this chapter is to provide procedures for the
				granting of such franchises and the provision of such financial
				assistance.
Statutory Authority:
				  Chapter
				  34.05 RCW. 90-19-103
				  (Order 122), § 468-22-010, filed 9/19/90, effective
				  10/20/90.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-22 - County ferry franchises, tolls, and financial assistance › Section 468-22-020 - Application for franchise

Current through Register Vol. 24-14, July 15, 2024
At least ninety days before: Beginning operation of a ferry
				route; or first applying for federal aid under
				Title
				23 U.S.C. for the construction,
				reconstruction, or modification of any county-operated ferry or approach(es)
				thereto, a county shall submit to the State Aid Office of the Department,
				Transportation Building, Olympia, Washington 98504, an application for a county
				ferry franchise, on a form obtainable upon request from the department. The
				county shall include with its application:
(1) A map showing the location of the
			 existing or proposed ferry route(s);
(2) A schedule of proposed tolls and charges
			 for the existing or proposed ferry route(s), together with a proposed revenue
			 and expenditure statement;
(3) A
			 certification that the proposed ferry route(s) is/are not otherwise served by
			 adequate transportation facilities; and
(4) A certification that the proposed tolls
			 and charges are consistent with the requirements of
			 RCW
			  47.04.140(2) and  23 U.S.C. §
									129.
Statutory Authority:
				  Chapter
				  34.05 RCW. 90-19-103
				  (Order 122), § 468-22-020, filed 9/19/90, effective
				  10/20/90.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-22 - County ferry franchises, tolls, and financial assistance › Section 468-22-030 - Review of franchise application by department

Current through Register Vol. 24-14, July 15, 2024
The department shall review a county's application for a ferry
				franchise, together with any accounting data required by WAC
				468-22-060(3).
				If the department finds that the ferry route(s) described in the application
				is/are not otherwise served by adequate transportation facilities; and that the
				proposed tolls and charges are consistent with the requirements of
				RCW
				 47.04.140(2) and  23 U.S.C. §
									129, it shall issue:
(1) A
			 county ferry franchise for the operation of such route(s); and
(2) A toll certification, within sixty days
			 of its receipt of the county's application.
Statutory Authority:
				  Chapter
				  34.05 RCW. 90-19-103
				  (Order 122), § 468-22-030, filed 9/19/90, effective
				  10/20/90.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-22 - County ferry franchises, tolls, and financial assistance › Section 468-22-040 - Application for certification of toll changes

Current through Register Vol. 24-14, July 15, 2024
All counties possessing current ferry franchise(s) shall submit
				to the state aid office of the department an application for certification of
				toll changes at least sixty days before implementation of any changes in tolls
				and charges for its route(s). Application shall be made on a form obtainable
				upon request from the department. The county shall include with its
				application:
(1) Schedules of both
			 existing and proposed tolls and charges; and
(2) A certification that the proposed tolls
			 and charges are consistent with the requirements of
			 RCW
			  47.04.140(2) and  23 U.S.C. §
									129.
Statutory Authority:
				  Chapter
				  34.05 RCW. 90-19-103
				  (Order 122), § 468-22-040, filed 9/19/90, effective
				  10/20/90.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-22 - County ferry franchises, tolls, and financial assistance › Section 468-22-050 - Review of application for certification of toll changes

Current through Register Vol. 24-14, July 15, 2024
The department shall review a county's application for
				certification of toll changes, together with any accounting data required by
				WAC 468-22-060(3).
				If the department finds that the proposed tolls and charges are consistent with
				the requirements of
				RCW
				 47.04.140(2) and  23 U.S.C. §
									129, it shall issue a new toll certification. If the department finds
				that the proposed tolls and charges are not consistent with the requirements of
				RCW
				 47.04.140(2) and  23 U.S.C. §
									129, it shall:
(1) So advise
			 the county within thirty days of its receipt of the county's toll change
			 application; and
(2) Cancel the
			 county's toll certification, until it receives a revised schedule of proposed
			 tolls which is consistent with the requirements of
			 RCW
			  47.04.140(2) and  23 U.S.C. §
									129  after which it shall issue a new toll certification.
Statutory Authority:
				  Chapter
				  34.05 RCW. 90-19-103
				  (Order 122), § 468-22-050, filed 9/19/90, effective
				  10/20/90.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-22 - County ferry franchises, tolls, and financial assistance › Section 468-22-060 - Procedures for obtaining financial assistance

Current through Register Vol. 24-14, July 15, 2024
To obtain financial assistance for a ferry or ferry system
				under RCW
				 47.56.720 or
				47.56.725, a county and the
				department shall comply with the following procedures:
(1) Before receiving financial assistance, a
			 county shall sign an agreement with the department, the form of which shall be
			 agreed upon between the department, and the county.
(2) County requests for reimbursement and
			 department payments to counties shall be made in the manner specified in the
			 agreement for financial assistance.
(3) No later than April 1 of each year, a
			 county shall provide to the department, on a form prescribed by the department,
			 a complete accounting of that county ferry's toll revenues and operation and
			 maintenance expenditures for the previous county fiscal year.
Statutory Authority:
				  RCW
				  34.05.353(1)(a) and (c).
				  10-01-176, § 468-22-060, filed 12/22/09, effective 1/22/10. Statutory
				  Authority:
				  Chapter
				  34.05 RCW. 90-19-103
				  (Order 122), § 468-22-060, filed 9/19/90, effective
				  10/20/90.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-30 - Highway property › Section 468-30-010 - Policy and procedure for handling assessments against state highway lands

Current through Register Vol. 24-14, July 15, 2024
(1) The secretary of transportation is the
			 "chief administrative officer" of the department of transportation as that
			 phrase is applied in
			 chapter
			 79.44 RCW. The secretary
			 of transportation is also the "agency head" as that phrase is applied in
			 chapter 82-12 WAC.
(2) Whenever
			 real property or real property rights are acquired all interests in the real
			 property or real property rights shall be discharged as authorized by law. If
			 any assessing entity may in the course of its operation assess for the
			 maintenance, operation, or any function of the assessing entity subsequent to
			 acquisition, the present value of those subsequent assessments shall be
			 determined by the parties and that amount paid in exchange for a deed releasing
			 the real property or real property interests from all subsequent assessments by
			 the assessing entity and an order entered in the records of the assessing
			 entity to that same effect.
(3)
			 Whenever any assessing district as defined and provided in
			 chapter
			 79.44 RCW seeks to include
			 any real property or real property interests of the department of
			 transportation the department shall proceed as authorized by law. If any
			 assessing district may assess further for the maintenance, operating, or any
			 function of the assessing district, the present value of those subsequent
			 assessments shall be determined by the parties and that amount paid in exchange
			 for a deed releasing the real property or real property interests from all
			 subsequent assessments by the assessing district and an order entered in the
			 records of the assessing district to that same effect.
(4) Whenever the department of transportation
			 holds any real property or real property interests which are subject to future
			 assessments by an assessing entity the present value of those subsequent
			 assessments shall be determined by the parties and that amount paid in exchange
			 for a deed releasing the real property or real property interests from all
			 subsequent assessment by the assessing entity and an order entered in the
			 records of the assessing district to that same effect.
(5) Whenever any assessing district as
			 defined in chapter 73.44 RCW refuses to release future assessments by payment
			 in advance, the assessments may be paid annually.
Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order
				  10 and Comm. Order 1, Resolution No. 13), § 468-30-010, filed 12/20/78.
				  Formerly WAC 252-12-010.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-30 - Highway property › Section 468-30-020 - Policy for the control of irrigation waste waters encroaching upon highway rights of way

Current through Register Vol. 24-14, July 15, 2024
(1) When the United
			 States bureau of reclamation or irrigation districts must permit their
			 irrigation waste waters to encroach upon or cross highway rights of way in
			 carrying them to a natural drainage channel or an established waterway or
			 drainage ditch, said bureau of reclamation or irrigation districts shall
			 request permission to do so under the provisions of chapter 47.44
			 RCW.
(2) Discharge of irrigation
			 waste waters into normal highway ditches will not be tolerated. Property owners
			 will not be permitted to carry waste waters in laterals paralleling and within
			 highway rights of way.
Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order
				  10 and Comm. Order 1, Resolution No. 13), § 468-30-020, filed 12/20/78.
				  Formerly WAC 252-12-020.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-30 - Highway property › Section 468-30-040 - Use of space beneath limited access facilities in cities and towns

Current through Register Vol. 24-14, July 15, 2024
See WAC 468-58-040.
Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order
				  10 and Comm. Order 1, Resolution No. 13), § 468-30-040, filed 12/20/78.
				  Formerly WAC 252-12-030 and
				  252-20-035.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-30 - Highway property › Section 468-30-050 - Policy relative to granting and maintaining road approaches to state highway system

Current through Register Vol. 24-14, July 15, 2024
(1) Approaches
			 granted by right of way negotiation shall include in the instrument a provision
			 that the approach shall be maintained by the grantee outside the shoulder line
			 of the highway. This shall obtain irrespective of whether the state constructs
			 the approach or not.
(2) Approaches
			 granted by permit shall continue to be maintained outside the highway shoulder
			 line by the holder of the permit.
(3) Existing structures, which have been
			 granted under permit but which may be reconstructed by the state with the
			 reconstruction of the highway, shall be maintained by the property owner and
			 provision for such maintenance shall be set forth in the new permit or right of
			 way instrument providing for the approach reconstruction. This is applicable to
			 approaches which have developed but which are not covered by permit or right of
			 way negotiation.
(4) Existing
			 approaches outside the shoulder of the highway which were constructed by the
			 state under a provision of a right of way transaction without mention of
			 maintenance and which have previously been maintained by the state shall
			 hereafter be maintained by the abutting property owner.
(5) Approaches to limited access highways
			 shall be to frontage roads where provided and only to the main roadway where
			 this is specifically intended under the plan showing access for the particular
			 section within which the approach is located.
Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order
				  10 and Comm. Order 1, Resolution No. 13), § 468-30-050, filed 12/20/78.
				  Formerly WAC 252-12-040.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-30 - Highway property › Section 468-30-060 - Rental of state highway lands and improvements

Current through Register Vol. 24-14, July 15, 2024
(1) All improved property acquired by the
			 department of transportation for future transportation purposes may be rented
			 to the occupying owner or tenant (initial displacee) for a period of up to
			 ninety days. If the improvement is deemed unrentable or does not meet DS &
			 S standards, there are no further rentals. The improvement is then scheduled
			 for sale and removal or demolition. Other improvements may be rented to
			 subsequent tenants on a month-to-month basis until the property is required by
			 pending construction. In no event shall the property be rented to the original
			 displacee beyond the initial ninety day period unless there are extenuating
			 circumstances and prior written approval of the chief right of way
			 agent.
(2) Leases and rental
			 agreements in furtherance of the policy set forth in subsection (1) of this
			 section and pursuant to authority contained in chapter 162, Laws of 1949, shall
			 be negotiated by the land management branch of the department of transportation
			 where directed by the secretary of transportation. Said division shall prepare
			 all necessary documents to accomplish such leases and shall submit same to the
			 secretary for action thereon as indicated in subsection (4) of this
			 section.
(3) The rental rates are
			 based on the following:
(a) The rental rate is
			 economic rent as determined by either a market data report of rentals or a
			 written determination by appraisal.
(b) For those rentals subject to excise tax
			 under the provisions of
			 chapter
			 82.29A RCW, the tax is
			 payable in addition to the determined rental rate.
(c) The rental rate is evaluated as economic
			 conditions require, but no more often than once per year.
(d) Where the acquired improvement is tenant
			 occupied, the rental rate in effect at the time of acquisition shall continue
			 for ninety days. Thereafter the rental rate shall be economic rent. Should the
			 tenant be paying more than economic rent, the rent is to be immediately lowered
			 to economic rent.
(e) The rent for
			 the first month (pay period) is calculated and adjusted to the next closest
			 first or fifteenth day. This adjusted rent and the last month's (pay period)
			 rent are payable upon execution of the rental agreement.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-30 - Highway property › Section 468-30-080 - Policy and procedure for sales of personalty

Current through Register Vol. 24-14, July 15, 2024
Whenever the department of transportation shall have acquired
				any lands, except state granted lands, upon which are located any structures,
				timber or other thing of value attached to the land, same may be severed from
				the land and sold at public auction subject to the following guidelines:
(1) Such items of value may be approved for
			 sale at public auction or for removal by demolition under contract procedures
			 approved by the secretary of transportation.
(2) Authorized sales of personalty shall be
			 made by the department of transportation acting through the secretary of
			 transportation at public auction upon a date, place and hour to be set by the
			 secretary.
(3) The authorization
			 for sale shall include a minimum price at which any item or items may be
			 sold.
(4) Notice of sale shall be
			 given as follows:
(a) By publishing notice of
			 the time and place of sale two successive times with an interval of one week
			 between publications, in any daily or weekly newspaper of general circulation
			 published in the county in which the sale is to take place. If there is no
			 legal newspaper published in the county, then such notice shall be published in
			 the legal newspaper published in this state nearest to the place of
			 sale.
(b) The notice shall describe
			 with reasonable particularity each item of property to be sold, shall state the
			 location at which said property can be viewed, shall state the date, time and
			 place at which the auction is to be held, and shall be signed by the secretary
			 of transportation or such other person as he may designate.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-30 - Highway property › Section 468-30-100 - Policy relative to the installation of signs and markings on state highway rights of way

Current through Register Vol. 24-14, July 15, 2024
No permits shall hereafter be issued for the installation of
				signs and markings other than traffic control signs and state historical
				markers on state highway rights of way. Traffic control signs shall be
				consistent with the manual on Uniform Traffic Control Devices for Streets and
				Highways, as modified and adopted by the department of
				transportation.
Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order
				  10 and Comm. Order 1, Resolution No. 13), § 468-30-100, filed
				  12/20/78.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-30 - Highway property › Section 468-30-110 - Nonhighway use of airspace on state highways

Current through Register Vol. 24-14, July 15, 2024
(1) Definitions:
(a) "Airspace" is that space located above,
			 at or below the highway's established gradeline lying within the approved right
			 of way limits.
(b) "Department" is
			 the Washington state department of transportation.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-30 - Highway property › Section 468-30-120 - Surplus property sales in agricultural zoned areas

Current through Register Vol. 24-14, July 15, 2024
Priority consideration shall be given to abutting property
				owners in agricultural zoned areas.
(1) A written notice and offer to sell shall
			 be sent by certified mail to the abutting owner as shown on the records of the
			 county assessor.
(2) The abutting
			 owner shall have thirty days after receiving notice of the proposed sale to
			 respond in writing to the department's offer to sell.
(3) If the abutting owner rejects the state's
			 offer or does not respond in writing within the thirty-day period, the
			 department may then dispose of the property pursuant to
			 RCW
			  47.12.063.
(4) If there is more than one abutting owner,
			 then the procedures in
			 RCW
			  47.12.063(2)(f) shall
			 apply.
(5) Sales to abutting
			 property owners may at the department's option be for cash or by real estate
			 contract.
Statutory Authority:
				  RCW
				  47.12.063 and
				  47.01.101(5).
				  89-01-052 (Order 118), § 468-30-120, filed
				  12/15/88.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-32 - Safety rest areas › Section 468-32-010 - Rest area rules

Current through Register Vol. 24-14, July 15, 2024
Pursuant to
				chapter
				47.38 RCW, the purpose of
				these regulations is for the safety of the traveling public by governing the
				conduct and use of safety rest areas. The following restrictions apply to
				activities in safety rest areas:
(1)
			 Parking is only permitted in designated areas;
(2) Litter containers are only for picnic and
			 automobile litter;
(3) Pets shall
			 stay in designated areas and shall be on a leash at all times;
(4) Open fires are prohibited;
(5) Aggressive solicitation for money or
			 goods with the intent to intimidate another person into giving money or goods
			 is prohibited; and
(6) Sanitary
			 disposal systems are for dumping sanitary wastes only from recreational
			 vehicles. Commercial vehicles are prohibited from using the sanitary disposal
			 systems.
Statutory Authority:
				  Chapter
				  47.38 RCW. 95-07-106
				  (Order 150), § 468-32-010, filed 3/20/95, effective
				  4/20/95.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-34 - Utility lines - Franchises and permits › Section 468-34-010 - Applications

Current through Register Vol. 24-14, July 15, 2024
Applications for franchises and permits submitted to the
				Washington state department of transportation shall conform with the following
				requirements:
(1) Applications shall
			 be submitted upon forms available from the department.
(2) Applications shall include the utility
			 facility description plus additional plans and data for CAT 1 and CAT 2
			 installations.
(3) Applications
			 shall indicate compliance with the standards as set forth in the POLICY ON
			 ACCOMMODATION OF UTILITIES ON HIGHWAY RIGHTS OF WAY as contained in these rules
			 and any amendments thereto.
(4) The
			 application shall discuss alternate possibilities, especially when a location
			 on or across a limited access facility is considered necessary. Reasons for
			 need to adhere to location as proposed must be adequately set forth in the
			 application.
Statutory Authority: Chapter 47.44 RCW. 95-21-037 (Order
				  152), § 468-34-010, filed 10/10/95, effective 11/10/95. Statutory
				  Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1,
				  Resolution No. 13), § 468-34-010, filed 12/20/78. Formerly WAC
				  252-04-010.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-34 - Utility lines - Franchises and permits › Section 468-34-020 - Costs

Current through Register Vol. 24-14, July 15, 2024
(1) The applicant shall pay the reasonable
			 cost to the department for investigating, handling and granting the franchise
			 or permit, including but not limited to fees of hearing officers and reporters,
			 including basic overhead charges upon the application and for providing an
			 inspector during construction and/or maintenance of the utility facility as
			 follows:
For permit/franchise/amendment
Category 1
$500.00
Category 2
$300.00
Category 3
$150.00
For franchise consolidation
$300.00
For franchise renewal
$250.00
For franchise assignment
$50.00
together with an additional charge in the amount of expenses,
				if any, actually incurred by the department: Provided, That no charge shall be
				made for applications for franchise or permit where the applicant is the United
				States or any of its agencies, or a utility anticipating relocation from its
				private easement acquired or to be acquired by the department for construction
				or reconstruction of a state highway.
(2) An equitable portion of the added costs
			 of design and construction of highway structures shall be charged to any
			 utility company which is required to pay the costs of relocation of its
			 facilities and/or to any utility company making new installations.
(3) Before any construction work is started,
			 a surety bond in an amount required by the department, but not less than one
			 thousand dollars, written by a surety company authorized to do business in the
			 state of Washington, may be required by the department to insure completion of
			 construction, including the restoration of surfacing, slopes, slope treatment,
			 top soil, landscape treatment, drainage facilities and cleanup of right of way
			 for a period ending not more than one year after date of completion, except the
			 applicant shall be required to maintain an individual bond for a period to two
			 years after date of completion where the utility facility disturbs the traveled
			 lanes or usable shoulder. A blanket surety bond may be maintained covering
			 multiple franchises or permits in lieu of individual bonds at the department's
			 discretion. A blanket surety bond shall be in an amount of not less than ten
			 thousand dollars.
Statutory Authority: Chapter 47.44 RCW. 95-21-037 (Order
				  152), § 468-34-020, filed 10/10/95, effective 11/10/95; 89-05-022 (Order
				  119), § 468-34-020, filed 2/10/89. Statutory Authority: 1977 ex.s. c 151.
				  79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), §
				  468-34-020, filed 12/20/78. Formerly WAC
				  252-04-020.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-34 - Utility lines - Franchises and permits › Section 468-34-030 - Determination of need for franchise hearing

Current through Register Vol. 24-14, July 15, 2024
(1) Upon the filing of an application for
			 franchise, the department shall determine whether the work involved with the
			 franchise may:
(a) During construction,
			 significantly disrupt the flow of traffic or use of driveways or other
			 facilities within the right of way; or
(b) During or following construction, cause a
			 significant and adverse effect upon the surrounding environment, in order to
			 determine whether a hearing or hearing opportunity is required.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-34 - Utility lines - Franchises and permits › Section 468-34-040 - Franchise hearings

Current through Register Vol. 24-14, July 15, 2024
Arrangements for a hearing before the secretary of
				transportation or his designee at the earliest possible date will be made by
				the department on any matters with respect to which a protest has been filed.
				Based on written objections or disputes which the department is unable to
				resolve or upon which it may have a divergent recommendation, the applicant
				and/or affected parties will be given the opportunity to appear before the
				secretary or his designee in support of their requests or
				contentions.
Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order
				  10 and Comm. Order 1, Resolution No. 13), § 468-34-040, filed 12/20/78.
				  Formerly WAC 252-04-040.
Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-34 - Utility lines - Franchises and permits › Section 468-34-050 - Notice of filing

Current through Register Vol. 24-14, July 15, 2024
Upon the filing of application for franchise, the department
				shall cause notice thereof to be given in the county or counties in which any
				portion of the highway upon which the franchise applied for is located, at the
				expense of the applicant, by publishing a notice once a week for two
				consecutive weeks, in a newspaper having a general circulation in such county
				or counties. The notice shall state the name of the applicant and a description
				of the state highway or part thereof over which the franchise application
				extends.
Statutory Authority: Chapter 47.44 RCW. 95-21-037 (Order
				  152), § 468-34-050, filed 10/10/95, effective 11/10/95. Statutory
				  Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1,
				  Resolution No. 13), § 468-34-050, filed 12/20/78. Formerly WAC
				  252-04-045.