WSR 13-11-029

PROPOSED RULES

COUNTY ROAD

ADMINISTRATION BOARD

[ Filed May 9, 2013, 1:33 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Amending WAC 136-15-045 RAP projects in the six-year program,

136-100-020 Adoption of rules, 136-130-050 Supplemental rules in northeast region (NER), 136-161-060 RAP program cycle -- Total project rating and priority array, 136-170-030 Terms of CRAB/county contract, 136-180-040 Payment of vouchers, and 136-300-010 Purpose and authority.

Hearing Location(s): County Road Administration Board, 2404 Chandler Court S.W., Suite 280, Olympia, WA 98504-0913, on August 1, 2013, at 2:00 p.m.

Date of Intended Adoption: August 1, 2013.

Submit Written Comments to: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504, e-mail karen@crab.wa.gov, fax (360) 350-6094, by July 26, 2013.

Assistance for Persons with Disabilities: Contact Karen Pendleton by July 26, 2013, TTY (800) 833-6384 or (360) 753-5989.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 136-15-045 RAP projects in the six-year program, housekeeping - clarify definition of program items.

WAC 136-100-020 Adoption of rules, housekeeping.

WAC 136-130-050 Supplemental rules in northeast region (NER), housekeeping.

WAC 136-161-060 RAP program cycle -- Total project rating and priority array, housekeeping - make project eligibility and six-year program due date consistent.

WAC 136-170-030 Terms of CRAB/county contract, housekeeping - remove obsolete section.

WAC 136-180-040 Payment of vouchers, housekeeping - match current EFT methods payment.

WAC 136-300-010 Purpose and authority, housekeeping - cites the correct RCW.

Statutory Authority for Adoption: Chapter 36.78 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., (360) 753-5989; Implementation: Karen Pendleton, 2404 Chandler Court S.W., (360) 753-5989; and Enforcement: Jay Weber, 2404 Chandler Court S.W., (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.

May 9, 2013

Jay P. Weber

Executive Director

OTS-5452.1


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

WAC 136-15-045   RAP projects in the six-year program.   Each county's six-year transportation program ((in each even-numbered year)) shall include all projects for which the county ((may request)) is seeking RATA funds during the succeeding biennium. ((Project cost estimates for prospective RAP projects shall be considered preliminary and subject to revision until a project application is submitted.)) The six-year transportation program may include a general subprogram item of which RAP projects, although not specifically listed, may be a part. A county may only include a proposed RAP project within a subprogram item if:

(1) The project(s) is not rehabilitation or reconstruction in scope;

(2) The specific listing of projects used for support of the general subprogram item was made available to the public at the time of six-year program adoption;

(3) The county provides the county road administration board with the specific project listing in writing, citing the subprogram that includes the specific project.

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, 136-15-045, filed 12/7/98, effective 1/7/99.]

OTS-5453.1


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

WAC 136-100-020   Adoption of rules.   The county road administration board shall adopt rules in accordance with the provisions of the statute for purposes of administering the RAP regarding the following:

(1) Apportionment of rural arterial trust account (RATA) funds to regions.

(2) RAP projects in the six-year program.

(3) Regional prioritization of RAP projects.

(4) Preparation of RAP budget and program.

(5) Eligibility for RATA funds.

(6) Allocation of RATA funds to approved RAP projects.

(7) CRAB/county contract.

(8) Processing of vouchers.

(9) Audit responsibilities.

(10) Functional classification.

(11) Design standards for RAP projects.

(12) Matching requirements.

(13) Joint county RAP/Rural ((UAB)) TIB projects.

(14) Emergent projects.

(15) Reports to the legislature.

(16) Other matters deemed necessary by the county road administration board.

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, 136-100-020, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, 136-100-020, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. 84-16-065 (Order 56), 136-100-020, filed 7/30/84.]

OTS-5454.1


AMENDATORY SECTION(Amending WSR 11-05-005, filed 2/3/11, effective 3/6/11)

WAC 136-130-050   Supplemental rules in northeast region (NER).   Each county in the NER may submit projects requesting RATA funds not to exceed twenty-five percent of the forecasted NER biennial apportionment.

Bridge projects may be submitted requesting RATA funds under one of the following conditions:

(1) Bridges must be approved for federal bridge funding and RATA funds shall be used only as a match for such federal funding. Bridges will be ranked for RATA funding using the WSDOT priority list and may be added to the NER Category 1 priority array at any time during the biennium upon approval of the bridge for federal bridge funding.

(2) A stand-alone bridge project may be submitted as an ordinary reconstruction or 3R RAP project provided that its priority rating has been computed by the bridge rating method in the NER RAP rating procedures. Such projects shall not be considered for funding from the bridge reserve described above.

(3) ((A)) RAP ((project may)) projects that include ((a)) bridge ((when)) improvements where the cost of the bridge ((does)) improvements do not exceed twenty percent of the total project cost are not considered bridge projects as set out in this section.

[Statutory Authority: Chapter 36.78 RCW. 11-05-005, 136-130-050, filed 2/3/11, effective 3/6/11; 10-05-019, 136-130-050, filed 2/4/10, effective 3/7/10. Statutory Authority: Chapter 36.79 RCW. 01-05-009, 136-130-050, filed 2/8/01, effective 3/11/01; 99-16-038, 136-130-050, filed 7/29/99, effective 8/29/99; 99-01-021, 136-130-050, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 92-13-038 (Order 88), 136-130-050, filed 6/10/92, effective 7/11/92. Statutory Authority: RCW 36.79.060 and 1983 1st ex.s. c 49. 90-22-083 (Order 82), 136-130-050, filed 11/6/90, effective 12/7/90. Statutory Authority: Chapter 36.78 RCW. 88-12-080 (Order 69), 136-130-050, filed 6/1/88; 86-21-076 (Order 63-P), 136-130-050, filed 10/15/86; 86-06-005 (Order 61), 136-130-050, filed 2/20/86; 84-16-065 (Order 56), 136-130-050, filed 7/30/84.]

OTS-5455.1


AMENDATORY SECTION(Amending WSR 11-05-005, filed 2/3/11, effective 3/6/11)

WAC 136-161-060   RAP program cycle -- Total project rating and priority array.   County road administration board staff will review all final prospectuses and ensure that:

(1) All necessary information is included;

(2) The project is from the pool of preliminary prospectuses;

(3) The project is eligible for RATA funding;

(4) ((The project is on the current, adopted six-year transportation program;

(5))) The project schedule indicates that preliminary engineering will begin not later than one year from the date of project approval by the county road administration board, and that the construction of the project will begin not later than six years from the date of project approval by the county road administration board; and

(((6))) (5) The total project priority rating is mathematically correct and the visual rating scores determined during the field review are included.

(((7))) (6) Existing and proposed roadway cross sections, project narrative, and preconstruction photos are attached.

After county road administration board staff review, all accepted final prospectuses within each region will be placed in a declining total project rating array. After review by the county road administration board at its next regular meeting, the priority array for each region will be provided to each county in the region. These arrays will be preliminary only and will be provided to the counties to assist them in their internal budgeting and programming. No notations as to whether a particular project will or will not be funded will be included. Projects not adopted in the six-year transportation program by December 31st of the submittal year will be dropped from the array of eligible projects and the revised array will be presented to the county road administration board at its next regularly scheduled meeting.

[Statutory Authority: Chapter 36.78 RCW. 11-05-005, 136-161-060, filed 2/3/11, effective 3/6/11. Statutory Authority: Chapter 36.79 RCW. 99-01-021, 136-161-060, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, 136-161-060, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.79.060. 94-16-111, 136-161-060, filed 8/2/94, effective 9/2/94.]

OTS-5456.1


AMENDATORY SECTION(Amending WSR 11-05-005, filed 2/3/11, effective 3/6/11)

WAC 136-170-030   Terms of CRAB/county contract.   (1) ((For projects for which RATA funds are allocated before July 1, 1995, the CRAB/county contract shall include, but not be limited to, the following provisions:

(a) The contract shall be valid and binding (and the county shall be entitled to receive RATA funds) only if such contract is signed and returned to the county road administration board within forty-five calendar days of its mailing by the county road administration board.

(b) The county certifies that it is in compliance with the provisions of chapter 136-150 WAC.

(c) The project will be constructed in accordance with the scope, design and project limits as described in the final prospectus and in accordance with the plans and specifications approved by the county engineer.

(d) The county will notify the county road administration board when a construction contract has been awarded and/or when construction has commenced, and when the project has been completed.

(e) The county road administration board will reimburse counties on the basis of monthly progress payment vouchers received and approved on individual projects in the order in which they are received in the county road administration board office, subject to the availability of RATA funds apportioned to the region or subject to a minimum regional balance determined by the CRABoard for the purposes of cash flow; provided however, that if insufficient RATA funds are available or the legislature fails to appropriate sufficient RATA funds, payment of vouchers may be delayed or denied.

(f) The county will reimburse the RATA in the event a project postaudit reveals ineligible expenditure of RATA funds.

(2) For projects for which RATA funds are allocated on or after July 1, 1995,)) The CRAB/county contract shall include, but not be limited to, the following provisions:

(a) The contract shall be valid and binding, and the county shall be entitled to receive RATA funding in accordance with the vouchering/payment process as described in chapter 136-180 WAC, only if the contract is properly signed and returned to the county road administration board within forty-five calendar days of its mailing by the county road administration board.

(b) The county certifies that it is in compliance with the provisions of chapter 136-150 WAC.

(c) The project will be constructed in accordance with the scope, design and project limits as described in the final prospectus and in accordance with the plans and specifications approved by the county engineer, and, if applicable, the phased construction plan submitted by the county engineer to the county road administration board.

(d) The county will notify the county road administration board:

(i) If a single construction contract is intended to fully complete the project, at the time of project advertisement, construction contract, and when the project has been completed. Should the small works roster process be utilized, then the initial notice must occur prior to initiating the contractor selection process.

(ii) If county forces are utilized to fully complete the project, at the time of project notice, as required in RCW 36.77.070, commencement of construction activities, and when the project has been completed.

(iii) If the project applies a phased construction methodology, at those times described in a phased construction plan, consistent with subsection (((3))) (2) of this section.

(e) The county road administration board will reimburse counties on the basis of monthly progress payment vouchers received and approved on individual projects in the order in which they are received in the county road administration board office, subject to the availability of RATA funds apportioned to the region; or subject to a minimum regional balance determined by the CRABoard for the purposes of cash flow; provided however, that if insufficient RATA funds are available or the legislature fails to appropriate sufficient RATA funds, payment of vouchers may be delayed or denied. Counties are ineligible to receive RATA funded construction cost reimbursements prior to satisfaction of the initial project notice requirement described in subsection (((2))) (1)(d) of this section.

(f) The county will reimburse the RATA in the event a project postaudit reveals ineligible expenditures of RATA funds.

(g) The county may be required to reimburse the RATA in the event of early termination in accordance with the provisions of chapter 136-167 WAC.

(h) The county agrees to amend the contract in cases where:

(i) Additional RATA funds have been requested and approved under chapter 136-165 WAC;

(ii) Other relief from the original scope, design or project limits has been approved by the county road administration board under chapter 136-165 WAC; or

(iii) A project has been terminated without full RATA reimbursement under WAC 136-167-030(2).

(i) The county agrees to provide periodic project development progress reports as requested by the county road administration board.

(((3))) (2) Counties may implement a phased construction methodology in the completion of RATA funded projects. A phased construction methodology is described as the process to implement multiple construction contracts through competitive bid and award, contracts awarded through exercise of the small works roster process, or construction by county forces, or a combination of two or more of these three methods, in order to complete a single RATA funded project. If a county elects to use phased construction methodology, construction of at least one of the project phases must commence by the lapsing date and all remaining phases must commence within two years of commencement of the first phase. In the event the county fails to meet either of these timelines, repayment of expended RATA funds for all phases of the project will be required unless waived by the county road administration board in keeping with the provisions of this section.

(a) In order to be considered phased construction, each phase must:

(i) Be distinct, independent, and nonoverlapping construction activities as to location and type of work;

(ii) Result in separate function and utility;

(iii) Be part of related and sequential construction activities that lead to overall project completion;

(iv) Separately and collectively comply with state laws as to procurement of contract work and use of county forces; and

(v) Not be implemented in a way that would otherwise be considered a split project, as described in WAC 136-170-060, without first obtaining approval as a split project.

(b) In order to satisfy notification requirement of subsection (((2))) (1)(d) of this section, a phased construction plan must be developed and submitted to the county road administration board at least fifteen calendar days prior to contract bid advertisement, beginning the selection process for a contractor through a small works roster process, or commencement of construction by county forces, whichever occurs first. The phased construction plan must:

(i) Include a description of each construction phase, the contracting method to be employed or that county forces will be used;

(ii) Include an estimated cost and begin and end dates for each construction phase; and

(iii) Describe the relationship between construction phases and ultimate completion of the overall project.

[Statutory Authority: Chapter 36.78 RCW. 11-05-005, 136-170-030, filed 2/3/11, effective 3/6/11. Statutory Authority: Chapter 36.79 RCW. 01-05-008, 136-170-030, filed 2/8/01, effective 3/11/01; 99-01-021, 136-170-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, 136-170-030, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.79.060. 94-16-112, 136-170-030, filed 8/2/94, effective 9/2/94. Statutory Authority: Chapter 36.78 RCW. 84-16-065 (Order 56), 136-170-030, filed 7/30/84.]

OTS-5457.1


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

WAC 136-180-040   Payment of vouchers.   Upon approval of each RAP project voucher by the chair of the county road administration board or his/her designee, it shall be transmitted to the state treasurer ((for preparation of the RATA warrant. The RATA warrant will be returned to the county road administration board and transmitted directly to each county submitting a voucher)).

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, 136-180-040, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, 136-180-040, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.79.060. 94-10-021, 136-180-040, filed 4/27/94, effective 5/28/94. Statutory Authority: Chapter 36.78 RCW. 84-16-065 (Order 56), 136-180-040, filed 7/30/84.]

OTS-5458.1


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

WAC 136-300-010   Purpose and authority.   RCW ((46.68.095(4))) 46.68.090 (2)(i) provides that the county road administration board shall administer the county arterial preservation program (CAPP) and the county arterial preservation account (CAPA) established by this statute. This chapter describes the manner in which the county road administration board will implement the several provisions of the statute.

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, 136-300-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, 136-300-010, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.78.070 and 1990 c 42. 90-22-082 (Order 81), 136-300-010, filed 11/6/90, effective 12/7/90.]