PROPOSED RULES
ADMINISTRATION BOARD
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: Title 136 WAC.
Purpose: Amends WAC 136-170-030 Terms of CRAB/county contract.
Statutory Authority for Adoption: Chapter 36.79 RCW.
Name of Agency Personnel Responsible for Drafting and Implementation: Karen Pendleton, Olympia, (360) 753-5989; and Enforcement: Jay P. Weber, Olympia, (360) 753-5989.
Name of Proponent: County Road Administration Board, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This amendment adds the provision that minimum regional balances will be determined by the CRABoard for the purposes of cash flow.
Proposal Changes the Following Existing Rules: Amends WAC 136-170-030.
No small business economic impact statement has been prepared under chapter 19.85 RCW.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.
Hearing Location: 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, on January 11, 2001, at 2:00 p.m.
Assistance for Persons with Disabilities: Contact Karen Pendleton by January 11, 2001, TDD (800) 833-6384, or (360) 753-5989.
Submit Written Comments to: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, fax (360) 586-0386, by January 5, 2001.
Date of Intended Adoption: January 11, 2001.
October 20, 2000
Jay P. Weber
Executive Director
OTS-4484.1
AMENDATORY SECTION(Amending WSR 99-01-021, filed 12/7/98,
effective 1/7/99)
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.
(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 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.
[Statutory Authority: Chapter 36.79 RCW. 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.]