Washington Administrative Code

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Award" means the formal decision by the department to accept a bid and the intent to enter into a contract with the bidder.(2) "Commercially useful function" means the…

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 wit…

On solely state-funded projects, the small and veteran business goals for participation of public works 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) Ve…

Under the enforceable goals program, commercially useful function (CUF) restrictions apply to all PWSBEs 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 ex…

Public works small business enterprises and veteran-owned businesses intending to benefit from the small and veteran-owned business enforceable goals program must attain a PWSBE certification from OMWBE, or a VOB certification from the Washington department of veteran's affairs.[…

(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 consult…

(1) Prime contractors, design-builders, general contractors/construction managers and consultants must submit a small and veterans' business plan that specifies how the contractor will meet PWSBE and VOB participation goals, prior to the award of any contract. The small and veter…

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 commensu…

WSDOT may reimburse each prime contractor or consultant five percent of the actual amount that the prime contractor or consultant paid to PWSBEs or VOBs and that is counted toward the goal. This overhead reimbursement is available only on construction projects, is to be based on …

(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) Liquidate…

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.[Statutory Authority: RCW 39.04.155, 43.19.72…

Reserved.[Statutory Authority: RCW 39.04.155, 43.19.727, 47.01.101, and 47.28.030. WSR 19-12-026, § 468-17-140, filed 5/29/19, effective 6/29/19.]

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 conc…

(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 contemplate…

Because of the wide variety of rearranged county roads, frontage or access roads, intersections, ramps and crossings encountered by the freeway construction and relocation of other state highways, further understandings are desirable as to the jurisdiction and the responsibility …

(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 …

(1) When a business certified by the office of minority and women's business enterprises as a minority or women business enterprise (MWBE) pursuant to RCW 39.19.120 participates in a contract (construction or consultant service agreement), only count the value of the work perform…

(1) A MWBE performs a CUF when it is responsible for execution of the work of the contract and is carrying out its responsibilities by performing, managing, and supervising the work involved. To perform a CUF, the MWBE must also be responsible, with respect to materials and suppl…

(1) The prime contractor cannot change the scope or reduce the amount of work committed to an MWBE without good cause. Reducing MWBE commitment is considered termination, and therefore subject to the termination procedures, described herein.(2) In the event that work committed to…

(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 sup…

(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 pa…

(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 fo…

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 contra…

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 paym…

The purpose of this chapter is to adopt rules pertaining to the use, classes, scope, conditions of duty and training of emergency workers involved in air search and rescue or air disaster relief missions.Any emergency situation most likely requires multiagency contact and coordin…

This chapter is applicable for emergency activities as outlined in chapter 47.68 RCW, Washington state emergency management comprehensive plan, state and regional disaster airlift plan, or other official state of Washington or political subdivision emergency plans for:(1) Multiju…

(1) "Air search and rescue" means the conduct and management of all aerial search and rescue operations involving downed or missing aircraft. This includes aircraft and airships used in search and rescue operations requested through the aviation division. The aviation division is…

Registration is a prerequisite for emergency workers involved in the conduct of air search and rescue/disaster relief missions conducted under the authority of this chapter or chapter 47.68 RCW.(1) Aircraft pilots and observers shall register with the aviation division by complet…

The following classes of emergency workers and the scope of duties of each class are hereby established.(1) Administration personnel includes, but is not limited to, technical, administrative, and clerical services and may involve recruiting, coordinating, and directing any emerg…

Organizations wishing to conduct training to meet the requirements of this chapter will submit the following information for consideration and approval prior to conducting training:(1) A letter requesting to conduct approved training outlining the subject matter for which authori…

Personnel will complete training administered or approved by the aviation division prior to engagement in any search and rescue activities conducted in accordance with chapter 47.68 RCW, this chapter, the state comprehensive emergency management plan (regarding air operations) or…

Additional state standards may be established for classes of individual emergency workers involved in air search and rescue and air responses to disaster situations. Upon establishment of any such state standards, training programs within the state shall, at a minimum, comply wit…

(1) Authorized officials using emergency workers have the responsibility to ensure those emergency workers meet basic qualifications as stated in these rules. Authorized officials organizing and using emergency workers are responsible for assembling the proper combination of emer…

(1) Emergency workers shall be responsible to certify to the authorized officials registering them and using their services that they are aware of and will comply with all applicable responsibilities and requirements set forth in these rules.(a) Emergency workers have the respons…

All training will be conducted by the aviation division utilizing employees of the aviation division or volunteer instructors approved by the aviation division. Courses taught for qualification under this chapter will be those courses prepared or approved by the aviation division…

The selection of resources for a mission shall reside solely with the appointed incident commander. The aviation division receives information about a potential mission or airborne disaster relief response from a variety of sources. The incident commander will review the known in…

The state of Washington, and the department of transportation have adopted the incident command system (ICS) of emergency response missions. All training and actual missions operated under the authority of chapter 47.68 RCW and this chapter shall be conducted using the incident c…

The incident commander, after making a decision on what resources are required, will seek an appropriate mission number assignment required by the responding organization. For the support of those emergency workers covered under chapter 38.52 RCW or chapter 118-04 WAC the inciden…

The conduct of aerial search and rescue and airborne disaster relief operations is a difficult and demanding task. In order to facilitate effective and efficient operations it is necessary that the incident commander has the full support and cooperation of all individuals partici…

Any individual or organization that falls under the authority of chapter 47.68 RCW or this chapter that conducts search and rescue operations without the authority or direction of the incident commander shall have their registration rescinded and shall be prohibited from future p…

Air search and rescue operations conducted under the authority of chapter 47.68 RCW and this chapter are the sole responsibility of the aviation division. All administrative recordkeeping, dispatch records, assignment sheets, action plans, and all other documents generated in the…

Air search and rescue conducted under chapter 47.68 RCW and airborne disaster relief efforts conducted under the state comprehensive emergency management plan, the department of transportation emergency response plan, or the state and regional disaster airlift plan are the statut…

The director of aviation may enter into memorandum of understanding (MOU) agreements or other written documents amplifying or clarifying responsibilities and procedures. These written agreements may be entered into with agencies of the federal government, other state agencies, ag…

Any individual who or organization which feels that the provisions of this chapter have not been fairly or equitably administered may appeal, in writing, to the director of aviation. The director will review the complaint and respond within thirty days. Appeals generally will be …

If any provisions of this chapter is held invalid, the remainder of the rule is not affected.[Statutory Authority: Chapter 47.68 RCW. WSR 96-02-067 (Order 160), § 468-200-360, filed 1/3/96, effective 2/3/96.]

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 …

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 …