WSR 07-22-048

PROPOSED RULES

COUNTY ROAD

ADMINISTRATION BOARD

[ Filed October 31, 2007, 12:48 p.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 136-170-040 Combining of CRAB/county contracts. In those cases where a county plans to combine two or more adjacent RATA funded projects into a single construction contract, or prior to commencing construction should any of the projects be scheduled for completion by day labor, the county must make a formal written request to the county road administration board.

Hearing Location(s): 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504, on January 17, 2008, at 2:00 p.m.

Date of Intended Adoption: January 17, 2008.

Submit Written Comments to: Karen Pendleton, 2404 Chandler Court S.W., Olympia, WA 98504-0913, e-mail Karen@crab.wa.gov, fax (360) 586-0386, by January 10, 2008.

Assistance for Persons with Disabilities: Contact Karen Pendleton by January 13, 2008, TTY (800) 833-6382 or (360) 753-5989.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal would require counties to make a formal written request to the county road administration board to combine projects into a single project, assuring that the original prospectus work will be accomplished as originally proposed or as previously revised by the CRABoard, regardless of the applicable maximum project RATA contribution.

Statutory Authority for Adoption: Chapter 36.79 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: County road administration board, governmental.

Name of Agency Personnel Responsible for Drafting: Randy Hart, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504, (360) 753-5989; Implementation: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504, (360) 753-5989; and Enforcement: Jay Weber, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504, (360) 753-5989.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

Jay Weber

Executive Director

OTS-1174.1


AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98, effective 1/7/99)

WAC 136-170-040   Combining of CRAB/county contracts.   In those cases where a county ((desires)) plans to combine two or more adjacent RATA funded projects into a single construction contract, the county, prior to advertising for the construction contract, or prior to commencing construction should any of the projects be scheduled for completion by day labor, ((may)) must make a formal written request to the county road administration board to combine the projects into a single project, assuring that the original prospectus work will be accomplished as originally proposed or as previously revised by the CRABoard, regardless of the applicable maximum project RATA contribution. Upon receipt of a letter of request to combine, a revised CRAB/county contract will be prepared and sent to the county for its execution and return in the same manner as for the original contract(s). Projects shall be considered adjacent if they have a common terminus.

In those cases where a county plans to combine two or more adjacent projects in which one or more of the adjacent projects is not RATA funded, the county, prior to advertising for the construction contract, or prior to commencing construction should any of the projects be scheduled for completion by day labor, must notify the county road administration board in writing of its plans to combine the projects into a single project, assuring that the work items assigned to the RATA funded section will remain distinct and separate through the bid documents and contract plans. Upon verification that the request is submitted in a timely manner, that the combined project will meet the conditions of the CRAB/county contract and prospectus requirements, and that RATA funded items of work will be sufficiently separated from other work, the CRAB director may grant the combination.

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, 136-170-040, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 94-16-112, 136-170-040, filed 8/2/94, effective 9/2/94.]

Washington State Code Reviser's Office