Washington Administrative Code

Following an assessment by the evaluation panel that an unsolicited conceptual proposal merits further review, the commission will review the recommendation and approve or disapprove the proposal for further evaluation and action by the state. If approved for further review, the …

(1) If the commission grants approval of a conceptual proposal for further evaluation and review, within thirty days of the commission's approval the department shall provide public notice of the proposed project. This notice shall:(a) Be published in a newspaper of general circu…

For solicited proposals, the evaluation panel shall assess the certified proposals based on the unique project-specific evaluation criteria identified in the solicitation documents, including any written amendments or clarifications thereto, and upon any other factors the panel b…

If the project financing component of a proposal includes a plan to impose tolls, the evaluation panel shall specifically consider:(1) The opinions and interests of units of government encompassing or adjacent to the path of the proposed tollway project in having the tollway inst…

At any time during the evaluation process, the evaluation panel may request proposers to make presentations to the panel. Proposers shall be afforded not less than ten business days following written notification from the panel to prepare such presentations. The format of these p…

(1) The department reserves the right to require or to permit proposers to submit, at any time, revisions, clarifications to, or supplements of their previously submitted proposals. The department may, in the exercise of this authority, require proposers to add features, concepts…

(1) After reviewing the proposals and hearing presentations from proposers, the evaluation panel will prepare a written determination, based on facts and circumstances presented in the proposals and the presentations, that one or more proposals merit selection and advancement int…

The commission shall review the proposals, the assessments and the recommendations of the evaluation panel. Based on that review, the commission may:(1) Select one proposal to advance to execution of a contract or development agreement; or(2) Select one proposal to advance to neg…

(1) In addition to the commission's ability to exercise any alternative process permitted under WAC 468-600-232, the commission may authorize, at its option, competitive negotiations with more than a single proposer as a means of selecting from among competing proposals submitted…

(1) At least fourteen calendar days prior to the final selection of the successful proposer in any competitive proposal selection process, the department will give, electronically or otherwise, written notice to all participating proposers of the commission's apparent selection o…

(1) Upon the commission's selection of a proposal under WAC 468-600-355 and upon expiration of the protest period, the department shall notify the proposer of its intent to execute a contract or development agreement or to enter negotiations on a contract and/or development agree…

(1) Upon written request and within the time required under chapter 42.56 RCW, the department shall review such requests, process and provide those records that are not otherwise exempt from disclosure. The department may charge fees as allowed by state law. (2) On the department…

(1) The following procedure shall be followed by proposers to designate information as "sensitive business, commercial or financial information" under RCW 47.29.190: Each individual page of a proposal that contains sensitive business, commercial or financial information must be c…

The following are preconditions of any agreement that will be entered into between the state and a private sector partner:(1) The department must seek to adopt contracting techniques that represent the best practices in use by owners of facilities;(2) To the extent permitted by l…

A proposal or proposals selected by the commission for negotiation of a final agreement shall be referred to a negotiation team within the department. The team shall be responsible for negotiating the final agreement with the proposer. Each final agreement will define the rights …

Any final agreement must include the following provisions:(1) If public moneys are used to pay any costs of construction of public works that is part of an eligible project, the construction contract shall contain provisions that require payment of workers under the contract in a…

Any final agreement must contain terms that address at least the following issues:(1) At what point in the transportation project public and private sector partners will enter the project and which partners will assume responsibility for specific project elements;(2) How the part…

(1) Prior to the execution of any contract with a proposer, the proposer must provide the department with a list of all major subcontractors who will perform work in the construction, operation or maintenance of the project. All subcontractors must be legally eligible to perform …

The department must establish a maximum time period allowed for conducting negotiations on a potential project or development agreement(s). Such time period may be established in the solicitation document described in WAC 468-600-105, or as a condition of selecting a particular p…

On completion of a final agreement, the attorney general will review it for legal sufficiency. The department and the transportation commission are wholly responsible for exercising business judgment, including the appropriate and desirable allocation of risk and incentive in any…

Before any agreements are executed, the commission must:(1) Conduct a financial analysis that fully discloses all costs and cost estimates, including the costs of any financing, and all estimated project revenues; and(2) Compare the department's internal ability to complete the p…

If a tentative agreement has been reached, before the commission may take any action on such agreement, an executive summary describing all material elements of the agreement must be prepared and made available to the public. The department must publish notice of existence of the…

Prior to taking action on any tentative agreement, the commission must hold an informational session and public hearing in the county seat of the boundaries of the proposed project with at least twenty calendar days' advance notice. Notice of such meeting may be provided in conju…

After holding the public hearing required in WAC 468-600-741, the commission must consider any testimony received, and must wait at least twenty calendar days before taking any action approving, rejecting or directing execution or continued negotiations of the agreement.[Statutor…

On completion of the attorney general's legal sufficiency review of the final agreement, and after considering any public comment received, the commission shall:(1) Approve the final agreement;(2) Reject the final agreement; or(3) Return the final agreement to the team for furthe…

The department shall confer with its internal auditor and accounting staff to adopt a methodology to properly apportion program and project development expenses to the specific projects that are the subject of an agreement executed under WAC 468-600-750. The department shall forw…

(1) The state reserves all rights available to it by law in administering these rules, including without limitation, the right in its sole discretion to:(a) Reject any and all proposals at any time;(b) Terminate evaluation of any and all proposals at any time;(c) Suspend, discont…

Washington state department of transportation (WSDOT) may enter into lease agreements with private entities allowing them to operate franchises for food or beverage services, restaurants, grocery and convenience stores, or other services that are of benefit to the traveling publi…

When entering into lease agreements with private vendors for retail concessionaire or franchise services at its park and ride lots, WSDOT shall conduct a competitive and transparent procurement process. The selection process shall comply with all applicable state laws and policie…

WSDOT shall make reasonable efforts to contact similar retail businesses within a one-fourth mile radius of the park and ride entrance, and shall provide a notice of proposed action for park and ride locations that are under consideration for retail operations. WSDOT shall give l…

Preference in competing for lease agreements shall be given to established local businesses. To be eligible for the preference, an established local business must be offering a similar product or service at a retail outlet that is located within a one-fourth mile radius of the en…

RCW 47.04.350 directs the Washington state department of transportation public-private partnership office to develop and maintain a program to support the deployment of clean alternative fuel vehicle charging and refueling infrastructure that is supported by private financing.The…

Bidder: Nonprofit organizations and government agencies including, but not limited to, federal, state and local public agencies such as cities, counties, municipal corporations, special purpose districts, tribes, ports, air quality districts, public utility districts, transit sys…

The department shall define the corridors within which bidders may propose to install electric vehicle charging and hydrogen refueling infrastructure. Priority corridors for electric vehicle charging infrastructure include Interstate 5, Interstate 82, Interstate 90, Interstate 40…

Projects shall provide safe, convenient, cost-competitive, reliable, and easy access for drivers to recharge mass-produced electric vehicles or refuel hydrogen fuel cell vehicles with industry standard equipment. Projects shall address gaps in the state's low-carbon transportatio…

The selection process shall comply with all applicable state laws and policies that govern the department. Solicitations will include, but are not limited to, the following steps:• Appointment of a procurement coordinator;• A schedule of procurement activities;• Bidder question a…

Washington state department of transportation may enter into agreements with municipalities as defined in RCW 35.95.020 and with regional transit authorities authorized under chapter 81.112 RCW allowing them to operate and maintain park and ride lots under the jurisdiction of the…

(1) Background and purpose. This section describes the background of the commute trip reduction (CTR) law (RCW 70.94.521 through 70.94.555) and the purpose of these rules.(a) Program history and goals. Washington state's laws relating to commute trip reduction (CTR law) were adop…

(1) Definitions. The definitions in this section apply throughout these rules.(a) Statutory definitions. The terms listed in this subsection are defined in the CTR statutes (RCW 70.94.521 through 70.94.555).(i) "A major employer" means a private or public employer, including stat…

(1) Program purpose and process. The purposes of the CTR program, as defined in RCW 70.94.521, are to decrease automobile-related air pollution, consumption of gasoline, and traffic congestion.(2) Statewide program performance goals and targets. The CTR board shall establish the …

(1) Purpose and process.(a) Purpose of local CTR plan. The state's intent in requiring local CTR plans is to ensure that CTR program goals and targets help jurisdictions achieve their broader transportation and land use goals, and that the jurisdiction in turn develops services, …

(1) Purpose and process.(a) Purpose of regional CTR plan. The state's intent in requiring regional CTR plans is to ensure that the region develops a consistent, integrated regional strategy for meeting CTR goals and targets. The region shall use existing plan information as much …

(1) Purpose and process.(a) Purpose and objective of the growth and transportation efficiency center (GTEC) program. The state's goal for the GTEC program is to provide greater access to employment and residential centers while increasing the proportion of people not driving alon…

(1) Criteria and process for opt-in. RCW 70.94.537 (2)(h) requires WSDOT to establish criteria and a process to determine whether jurisdictions that voluntarily implement CTR are eligible for state funding. Jurisdictions that are not required to implement CTR may volunteer to par…

The following terms when used in this chapter shall have the following meanings:(1) "Abandoned" means a sign for which neither sign owner nor land owner claim any responsibility.(2) "Act" means the Highway Advertising Act of 1961, as amended and embodied in chapter 47.42 RCW.(3) …

(1) Except as permitted by the act and these regulations, no person shall erect or maintain a sign which is visible from the main-traveled way of the interstate system, the primary system, or the scenic system. Signs visible to other types of state highways are not restricted by …

(1) Notwithstanding any other provision of the act or these regulations, no signs visible from the main-traveled way of the interstate system, primary system, or scenic system which have any of the following characteristics shall be erected or maintained:(a) Signs advertising act…