Original Notice.

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

     Title of Rule and Other Identifying Information: Amending WAC 136-170-040 Combining of CRAB/county contracts; and new sections WAC 136-170-050 Combining of RATA funded projects with non-RATA funded project and 136-170-060 Splitting or phasing of CRAB/county contracts.

     Hearing Location(s): County Road Administration Board, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, on July 24, 2008, at 2:00 p.m.

     Date of Intended Adoption: July 24, 2008.

     Submit Written Comments to: Karen Pendleton, P.O. Box 40913, Olympia, WA 98504-0913, e-mail Karen@crab.wa.gov, fax (360) 586-0386, by July 18, 2008.

     Assistance for Persons with Disabilities: Contact Karen Pendleton by July 18, 2008, TTY (800) 833-6382 or (360) 753-5989.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To better define and create new rules for combining of CRAB/county contracts.

     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, (360) 753-5989; Implementation: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, (360) 753-5989; and Enforcement: Jay Weber, 2404 Chandler Court S.W., Suite 240, (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.

April 30, 2008

Jay Weber

Executive Director

OTS-1528.2

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)) when a county desires 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 county road administration board, regardless of the applicable maximum project RATA contribution.

     Upon receipt of a letter of request to combine, and consideration and approval by the director of the county road administration board, a revised CRAB/county contract will be prepared and sent to the county for its execution and ((return)) returned in the same manner as for the original contract(s). Projects shall be considered adjacent if they have a common terminus.

[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.]

     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 will respond in writing, to grant the combination.

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     (2) The county must submit the request prior to advertising for the construction contract, or prior to commencing construction should any of the projects be scheduled for completion by day labor.

     (3) Upon receipt of the county's written request to split a RAP project, the CRAB director will consider and may approve the split.

     (4) Upon such approval, a revised CRAB/county contract will be prepared, and sent to the county for its execution and returned in the same manner as for the original contract. The final contract must be fully executed prior to advertisement for contract construction, or if done by day labor, prior to commencing construction.

     (5) Funding for split projects will be assigned based upon the breakdown of costs specified in the county's request letter.

     (6) Failure of a county to execute an amended CRAB/county contract within forty-five days of receipt shall nullify any split requests and any other county road administration board actions associated with the split request.

     (7) Construction on at least one of the split projects must commence by the lapsing date of the original project and all remaining portions must be complete within two years of the date of the split request. In the event the county fails to meet either of these timelines, repayment of expended RATA funds for all portions or phases of the projects will be required unless waived by the county road administration board in keeping with provisions of WAC 136-167-030.

     (8) Split projects will be considered ineligible for any increases in RATA funding or revisions in scope.

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