PERMANENT RULES
ADMINISTRATION BOARD
Date of Adoption: January 11, 2001.
Purpose: Amends WAC 136-170-030 Terms of CRAB/county contract.
Citation of Existing Rules Affected by this Order: Amending Title 136 WAC.
Statutory Authority for Adoption: Chapter 36.79 RCW.
Adopted under notice filed as WSR 00-22-098 on November 1, 2000.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.
February 6, 2001
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.]