Washington Administrative Code

The department shall define an initial affected project area for proposed projects selected before September 1, 1994, or after June 30, 1997. In order to define the initial affected project area, and pursuant to the requirements of RCW 47.46.030(4), the department shall conduct a…

(1) Creation of the local involvement committee. A public private local involvement committee shall be established for each proposed project. The committee will be known as the local involvement committee or "LIC." Within sixty days after defining the initial affected project are…

(1) Public comment on initial affected project area. The department shall conduct a minimum thirty-day public comment period on the definition of each initial affected project area boundary. (2) LIC recommendation on affected project area. The LIC shall review the public comments…

(1) Proposed project description. A draft project description shall be developed by the department based upon the preferred alternative.(2) LIC recommendation on project description. The department shall provide the project description to the LIC. The LIC shall recommend changes …

(1) Transmittal to county auditor. Within fourteen calendar days after the last day of the publication of the project description, the department shall transmit a letter requesting a public advisory election and a copy of the map depicting the affected project area and the projec…

(1) Canvassing the votes cast on a public advisory election. Immediately following the certification of the votes cast on the public advisory election by the county canvassing board, the county auditor shall transmit a certified copy of the returns of that special election to the…

This chapter is promulgated pursuant to the authority granted in RCW 43.21C.120 and chapter 197-11 WAC.[Statutory Authority: RCW 43.21C.120 and chapter 197-11 WAC. WSR 84-19-030 (Order 90), § 468-12-010, filed 9/14/84. Statutory Authority: 1977 ex.s. c 151. WSR 79-01-033 (DOT Ord…

(1) The purpose of this chapter is to establish rules pertaining to the integration of the policies and procedures of the State Environmental Policy Act (SEPA), chapter 43.21C RCW, into the programs, activities, and actions of the department of transportation (hereinafter referre…

(1) As provided by WAC 197-11-055, the SEPA process shall be completed before the transportation department is irrevocably committed to a particular course of action. At the same time, the SEPA process should not be undertaken until a proposal is sufficiently definite to permit m…

(1) Proposals which are not so closely related to each other as to be, in effect, a single action, and which are related to a large existing or planned network of highways, streets, etc., may be separated, and the present proposal may be treated as the total proposal, or only som…

In addition to the circulation procedures specified by mandatory subsection of WAC 197-11-455(1), the draft EIS shall be made available at public libraries or other public places determined by the department to be appropriate and stated in the notice of availability of the draft …

(1) As permitted in general terms by the provisions of WAC 197-11-460, the normal sixty-day period for preparation of a final EIS may be extended whenever the proposal is unusually large in scope, or where the environmental impact associated with the proposal is unusually complex…

(1) The department shall inform the public of actions requiring notice and invitation to comment under WAC 197-11-502 and 197-11-510 in the following manner:(a) For a determination of nonsignificance (DNS) or a mitigated DNS, issued under WAC 197-11-340(2) and 197-11-350 and requ…

(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 th…

(1) The administrative review process described in this section shall apply only to actions of the department where the department publishes a notice of administrative review and where no public hearing pursuant to either chapter 47.52 or 43.21C RCW has been provided. The notice …

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-ai…

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-…

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 o…

(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 appli…

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 o…

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 …

WAC 468-15-010This chapter is adopted pursuant to RCW 39.04.151 and 39.04.152, 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 in…

WAC 468-15-020No contract for the construction, alteration, improvement, or repair of any state highway, or any ferry, 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 prequa…

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 pu…

WAC 468-15-040Contractors desiring to be included on a small works roster established by Washington state department of transportation pursuant to RCW 39.04.151 and 39.04.152, shall submit a completed small works roster questionnaire on a form prescribed by the secretary of trans…

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 not…

(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 …

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 propo…

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 t…

The definitions set forth in this section apply throughout this chapter and have the following meanings, unless the context clearly indicates otherwise.(1) Above standard - Performance ranging from standard to that meeting the lower range of superior.(2) Active contractor - A con…

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 specificat…

(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…

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 p…

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 perso…

(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 offic…

The standard questionnaire and financial statement shall be prepared and transmitted to the secretary, Attn: Contract advertisement and award office. The questionnaire shall include the following information:(1) The contractor's name, address, phone number, facsimile number, emai…

(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 prime contractor may also be qualified conditionally by the secretary when performance has become below standard in either "qualit…

(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, statement of qualifications, or proposal on a specific project.(i) All firms must be…

(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 det…

A contractor seeking prequalification under this chapter will be classified for one or more of the following listed work classes in accordance with the adequacy of the firm's equipment and plant facilities and its demonstrated ability to perform the work class sought.Class 1Clear…

(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 c…

(1) Performance reports described in this section, in the formats established by the department, will be completed for prime contractors and design-builders only for projects valued at $100,000 or more. Each performance report will be classified as to the primary work class being…

(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 interi…

The secretary has the discretion to refuse to issue a proposal or allow short listing for reasons as enumerated in WAC 468-16-040 through 468-16-070, inclusive. Refusal to issue a proposal or allow short listing may continue in effect until the cause for these actions has been el…

(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 su…

(1) The secretary, upon determination from reports, other documents, or investigation that cause exists to revoke the qualification of a contractor or design-builder, may revoke the contractor's or design-builder's qualifications for a maximum period of two years.(2) The secretar…

(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 i…