Original Notice.

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

     Title of Rule and Other Identifying Information:

Chapter 136-100 WAC, Administration of the rural arterial program, correct spelling of "mileage" in WAC 136-100-050(2).

     Chapter 136-130 WAC, Regional prioritization of RAP projects, define five project types: Reconstruction; 3R-resurfacing, restoration and rehabilitation; 2R-resurfacing and restoration; intersection; bridge and drainage structures. Outline "supplemental rules" for each region. Delete regional ranking point systems from the WACs and replace with priority rating procedures developed by each rural arterial program (RAP) region with the approval of the executive director.

     Chapter 136-161 WAC, Project submittal, selection and initial allocation of RATA funds to projects, for distribution of funds to regions by the CRABoard, allow the CRABoard to distribute the funds by project types designated by the regions. Require that preliminary engineering begin within one year of project selection (changed from two years) and construction begin within six years (unchanged) of project selection. Permit CRABoard to increase RATA allocations to counties in those cases where individual counties may not be eligible to apply for funding, or chose not to apply.

     Chapter 136-163 WAC, Allocation of RATA funds to emergent and emergency projects, eliminate reductions in future county RATA funding as a result of emergency project funding approvals. Retain reductions in future county RATA funding as a result of emergent project funding approvals.

     Chapter 136-165 WAC, Increased allocations of RATA funds to projects, limit the opportunity to request an increase to one time, at the completion of preliminary engineering and prior to the start of construction. Change the maximum increase in RATA funds from fifty percent to twenty-five percent of the original RATA funds approved. Make all increases subject to CRABoard approval. Clarify that the executed RAP contract must be returned to the CRAB office within forty-five calendar days of it [its] mailing date from the CRAB office. Allow a funded project to be resubmitted for a higher level of funding in a future program without requiring the existing project to be withdrawn.

     Chapter 136-167 WAC, Withdrawals, early termination, and lapsing of approved projects, change lapsing times for projects. Require preliminary engineering to begin within one year of project approval. Increase the standard for approval of a two-year extension of the construction lapsing date. Allow up to five percent or $75,000 of the RATA grant amount to be retained by the county for early preliminary engineering costs if the project is withdrawn.

     Chapter 136-170 WAC, Execution of a CRAB/county contract, correct a reference to "day labor" with "construction by county forces." Clarify language regarding "splitting" projects; and add language regarding "phasing" projects.

     Hearing Location(s): County Road Administration Board, 2404 Chandler Court S.W., Suite 280, Olympia, WA 98504-0913, on January 27, 2011, at 2:00 p.m.

     Date of Intended Adoption: January 27, 2011.

     Submit Written Comments to: Karen Pendleton, 2404 Chandler Court S.W., Suite 240, Olympia, WA 98504-0913, e-mail Karen@crab.wa.gov, fax (360) 753-5989, by January 21, 2011.

     Assistance for Persons with Disabilities: Contact Karen Pendleton by January 21, 2011, TTY (800) 833-6384 or (360) 753-5989.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Review the RAP in light of legislative budget discussions pertaining to desired improvements to the RAP funding program. The proposed changes improve the effectiveness of the RAP funding program by promoting the expansion of project types and providing clearer guidance for project development and completion.

     Reasons Supporting Proposal: The Washington State Association of County Engineers supported the development of the RAP rules amendment in order to improve the effective use of RAP funds and program flexibility.

     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, Jeff Monsen, Bob Moorhead, 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. No impact to small business.

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

November 22, 2010

Jay P. Weber

Executive Director

OTS-3794.1

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

WAC 136-100-050   Apportionment of RATA funds to regions.   RCW 36.79.040 sets forth the apportionment formula to be used in distributing RATA funds to the five regions. Following are the computations used in the apportionment formula:

     (1) Computation of land area ratio. The ratio that the total county rural land area of each region bears to the total rural land area of all counties of the state shall be computed from information provided by the office of financial management as of July 1, 1993, and each two years thereafter.

     (2) Computation of road ((milage)) mileage ratio. The ratio that the mileage of county arterials and collectors in rural areas of each region bears to the total mileage of county arterials and collectors in all rural areas of the state shall be computed from information shown in the county road log maintained by the county road administration board as of July 1st of each odd-numbered year.

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, § 136-100-050, filed 12/7/98, effective 1/7/99.]

OTS-3795.1

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

WAC 136-130-010   Purpose and authority.   RCW 36.79.080 sets forth the criteria that will be used in determining the priority of specific improvement projects. This chapter describes how each RAP ((region)) project type will rate and ((prioritize proposed projects)) be prioritized within RAP regions.

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, § 136-130-010, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, § 136-130-010, filed 8/12/96, effective 9/12/96. Statutory Authority: Chapter 36.78 RCW. 84-16-065 (Order 56), § 136-130-010, filed 7/30/84.]

     (5) Bridge and drainage structures - replacement or major rehabilitation of an existing bridge or other drainage structure, and may include additional travel lanes and right of way costs. The county road administration board has determined that the interests of the counties in the several regions will be best served by encouraging development of a distinct project priority rating systems for each region. ((These rating systems, described in WAC 136-130-030, 136-130-040, 136-130-050, 136-130-060, and 136-130-070, shall be used in the prioritization of proposed projects requesting RATA funds submitted by counties in the respective regions.))

     In consultation with the individual regions, the executive director shall approve the various forms and procedures necessary to allocate available RATA funding, consistent with RCW 36.79.080.

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, § 136-130-020, filed 12/7/98, effective 1/7/99. Statutory Authority: Chapter 36.78 RCW. 84-16-065 (Order 56), § 136-130-020, filed 7/30/84.]

     PSR RAP maximum rating points for the four project types shall be assigned based on the following:

((Project Type:
Rating Criteria:	Road	3R Safety	Intersection	Bridge
Traffic Volume	20	15	20	20
Accident History	25	15	25	25
Structure	15	10	5	25
Geometry	30	20	40	20
Special Road Usage	10	10	10	10
3R Safety		30
TOTAL POINTS	100	100	100	100))

     Bridge category projects that will not replace the structure must have federal funds committed to them prior to submittal for RATA funding.

     Prioritization of PSR projects shall be on the basis of total PSR RAP rating points shown on the project worksheet and the prospectus form of the project application.))

[Statutory Authority: Chapter 36.79 RCW. 06-11-067, § 136-130-030, filed 5/12/06, effective 6/12/06; 02-11-008, § 136-130-030, filed 5/2/02, effective 6/2/02; 01-05-009, § 136-130-030, filed 2/8/01, effective 3/11/01; 99-01-021, § 136-130-030, filed 12/7/98, effective 1/7/99; 98-09-070, § 136-130-030, filed 4/20/98, effective 5/21/98. Statutory Authority: RCW 36.79.060. 92-13-038 (Order 88), § 136-130-030, 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), § 136-130-030, filed 11/6/90, effective 12/7/90. Statutory Authority: Chapter 36.78 RCW. 86-06-005 (Order 61), § 136-130-030, filed 2/20/86; 84-16-065 (Order 56), § 136-130-030, filed 7/30/84.]

     A total of twenty points representing local significance may be added to one project in each county's biennial submittal.))

[Statutory Authority: Chapter 36.79 RCW. 08-16-043, § 136-130-040, filed 7/29/08, effective 8/29/08; 07-17-020, § 136-130-040, filed 8/6/07, effective 9/6/07; 04-05-001, § 136-130-040, filed 2/4/04, effective 3/6/04; 01-09-077, § 136-130-040, filed 4/17/01, effective 5/18/01; 99-01-021, § 136-130-040, filed 12/7/98, effective 1/7/99; 98-09-070, § 136-130-040, filed 4/20/98, effective 5/21/98. Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, § 136-130-040, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.79.060. 94-10-022, § 136-130-040, filed 4/27/94, effective 5/28/94. Statutory Authority: RCW 36.79.060 and 1983 1st ex.s. c 49. 90-22-083 (Order 82), § 136-130-040, filed 11/6/90, effective 12/7/90. Statutory Authority: Chapter 36.78 RCW. 84-16-065 (Order 56), § 136-130-040, filed 7/30/84.]

((Category 1	-	Ten percent for bridge projects where RATA funds are used as a match for federal bridge funds;
Category 2	-	Thirty percent for reconstruction of rural collectors and arterials;
Category 3	-	Thirty percent for resurfacing, restoration, rehabilitation (3R) type projects on rural collectors and arterials; and
Category 4	-	Thirty percent for resurfacing and restoration (2R) type projects on rural collectors and arterials.))

     In the event that no projects or an insufficient number of projects are submitted in any of the above categories to utilize the RATA funds set aside for the category, all remaining funds in that category or categories shall be divided among the remaining categories as the county road administration board deems appropriate. The intent is to divide all available funds into categories having a sufficient number of submitted projects to fully utilize the funds available at each allocation during the biennium.))

     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 include a bridge when the cost of the bridge does not exceed twenty percent of the total project cost.

     ((NER RAP rating points for reconstruction projects, 3R projects or nonfederal bridge projects shall be assigned on the basis of one hundred points for a condition rating and fifty points for a service rating. The priority rating equals the sum of two and one half times the product of the service rating to the 1.25 power and the common logarithm of the number obtained by dividing one hundred by the condition rating. A total of ten points representing local significance may be added to one project included in each county's biennial combined bridge, 3R and reconstruction submittal. A total of up to ten points representing missing links definition may also be added to one project included in each county's biennial combined bridge, 3R and reconstruction submittal.

     NER RAP rating points for 2R projects shall be assigned on the basis of five points for traffic volume, five points for traffic accidents, fifty points for structure, ten points for geometry, and fifteen points for roadside safety. A total of fifteen points representing local significance may be added to one 2R project included in each county's biennial submittal.

     Prioritization of NER projects shall be on the basis of total NER RAP rating points shown on the appropriate project worksheet and the prospectus form of the project application.))

[Statutory Authority: Chapter 36.78 RCW. 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.]

Asotin County	ten percent
Benton County	fourteen percent
Columbia County	eleven percent
Franklin County	thirteen percent
Garfield County	ten percent
Kittitas County	thirteen percent
Klickitat County	fourteen percent
Walla Walla County	fourteen percent
Yakima County	twenty percent

     ((Each project shall be rated in accordance with the SER RAP bridge, reconstruction or 3R rating procedures. Ten percent of the forecasted SER biennial apportionment shall be reserved for bridge projects.)) Federally funded bridges for which counties are seeking matching funds shall receive first consideration for ((these)) bridge funds((, ranked against each other according to the WSDOT priority array)). Bridges receiving federal funding may be added to this list at any time during the biennium. Stand-alone bridges may compete for funds in this reserve that remain after all bridges seeking match for federal funds have been funded. ((These bridges will be rated against each other according to their total points assigned from the RAP Rating Worksheets for the SER.)) Whatever part of the bridge reserve that is not allocated to bridge projects shall be available for allocation to other RAP projects.

     ((SER RAP reconstruction rating points shall be assigned on the basis of forty-five points for structural condition, thirty points for geometrics, twenty-two points for traffic volume, five points for traffic accidents.

     SER RAP 3R rating points shall be assigned on the basis of twenty points for structural condition, twenty-five points for geometrics, twelve points for traffic volume, ten points for traffic accidents, twenty-five points for roadside safety, and ten points for intersection operation.

     A total of twenty points representing local significance may be added to one project in each county's biennial submittal. Prioritization of SER projects shall be on the basis of total SER RAP bridge, reconstruction or 3R rating points shown on the project worksheet and the prospectus form of the project application.))

[Statutory Authority: Chapter 36.79 RCW. 04-05-001, § 136-130-060, filed 2/4/04, effective 3/6/04; 01-05-009, § 136-130-060, filed 2/8/01, effective 3/11/01; 99-01-021, § 136-130-060, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 97-06-006, § 136-130-060, filed 2/24/97, effective 3/27/97; 94-10-020, § 136-130-060, filed 4/27/94, effective 5/28/94; 92-13-038 (Order 88), § 136-130-060, 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), § 136-130-060, filed 11/6/90, effective 12/7/90. Statutory Authority: Chapter 36.78 RCW. 88-05-040 (Order 68), § 136-130-060, filed 2/16/88; 84-16-065 (Order 56), § 136-130-060, filed 7/30/84.]

[Statutory Authority: Chapter 36.79 RCW. 04-05-001, § 136-130-070, filed 2/4/04, effective 3/6/04; 02-11-008, § 136-130-070, filed 5/2/02, effective 6/2/02; 01-05-009, § 136-130-070, filed 2/8/01, effective 3/11/01; 99-24-057, § 136-130-070, filed 11/29/99, effective 12/30/99; 99-01-021, § 136-130-070, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 92-13-038 (Order 88), § 136-130-070, 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), § 136-130-070, filed 11/6/90, effective 12/7/90. Statutory Authority: Chapter 36.78 RCW. 88-05-040 (Order 68), § 136-130-070, filed 2/16/88; 86-06-005 (Order 61), § 136-130-070, filed 2/20/86; 84-16-065 (Order 56), § 136-130-070, filed 7/30/84.]

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, § 136-130-080, filed 12/7/98, effective 1/7/99. Statutory Authority: Chapter 36.78 RCW. 84-16-065 (Order 56), § 136-130-080, filed 7/30/84.]

[]

OTS-3796.1

AMENDATORY SECTION(Amending WSR 01-05-009, filed 2/8/01, effective 3/11/01)

WAC 136-161-020   RAP program cycle -- General.   The RAP biennial program cycle consists of the following basic steps:

     (1) The CRABoard establishes a funding period if it determines that sufficient future RATA funds are available to provide for new RAP projects. This determination takes place during the CRABoard's regularly scheduled fall meeting in odd-numbered years.

     Consistent with WAC 136-130-020, should the board determine there are adequate RATA funds available to be allocated to each region and, under advisement from each region, the board's action shall include the determination of the amount to be allocated to each project type within each region. The board's RATA funding allocation may include all or any subset of the project types described under WAC 136-130-020, and this decision may be unique to each region and may vary between funding periods.

     (2) Each eligible county prepares and submits a preliminary prospectus to the county road administration board;

     (3) County road administration board staff conducts a field review of each preliminary prospectus and provides to each submitting county an evaluation and scoring of all priority elements which are based on a visual examination, using that region's priority rating process;

     (4) Each eligible county prepares and submits a final prospectus to the county road administration board;

     (5) For each final prospectus submitted, county road administration board staff computes the total priority rating score and assembles all projects into rank-ordered arrays by region; and

     (6) The county road administration board reviews the rank-ordered arrays in each region and, based upon the RATA funds projected to be allocable for the next project program period (see WAC 136-161-070), selects and approves specific projects for RATA funding.

[Statutory Authority: Chapter 36.79 RCW. 01-05-009, § 136-161-020, filed 2/8/01, effective 3/11/01; 99-01-021, § 136-161-020, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 94-16-111, § 136-161-020, filed 8/2/94, effective 9/2/94.]

[Statutory Authority: Chapter 36.79 RCW. 01-05-009, § 136-161-030, filed 2/8/01, effective 3/11/01; 99-01-021, § 136-161-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 94-16-111, § 136-161-030, filed 8/2/94, effective 9/2/94.]

[Statutory Authority: Chapter 36.79 RCW. 01-05-009, § 136-161-050, filed 2/8/01, effective 3/11/01; 99-01-021, § 136-161-050, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 94-16-111, § 136-161-050, filed 8/2/94, effective 9/2/94.]

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

     (7) 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 ((in accordance with procedures specified in chapter 136-130 WAC)). 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.

[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.]

     (a) No county shall be allocated RATA funds in excess of its regional county limit as specified in WAC 136-161-080; and

     (b) Any projects which were partially funded in the prior biennium shall, unless otherwise requested by the county, be fully funded before new projects are selected. Ties in total rating points will be broken by the county road administration board in favor of the county having the lesser total amount of previously allocated RATA funds.

     (2) The statewide net amount of RATA funds available for allocation to projects in the funding period will be based on the most recent state fuel tax revenue forecast prepared quarterly by the department of transportation, less estimated administrative costs, and less any amounts set aside for emergent projects as described in WAC 136-163-020. The total amount of RATA funds available for allocation to projects in a region (i.e., "forecasted regional apportionment amount") will be based on the regional apportionment percentages of the statewide net amount as determined in chapter 136-100 WAC.

     (3) ((For the funding period beginning July 1, 1995, the project program period will be the next four state fiscal years (1996, 1997, 1998 and 1999, beginning July 1, 1995, and ending June 30, 1999). For the funding period beginning July 1, 1997, the project program period will begin July 1, 1999 and end June 30, 2001.)) Project program periods and the corresponding funding periods shall both begin on July 1st of odd numbered years and end on June 30th of odd numbered years, unless modified by resolution of the board.

     (4) The RATA amounts allocated to projects in the first year of the biennium are limited to no more than ninety percent of the net amount estimated to be allocable to each region for the project program period, with the remaining percentage allocated at such time as deemed appropriate by the county road administration board.

     (5) Acceptance of the RATA allocation for a project by the full execution of a CRAB/county contract as described in chapter 136-170 WAC constitutes agreement to complete the project in compliance with the scope, design and project limits in the final prospectus. All material changes to the scope, design or project limits must be approved by the county road administration board prior to commencement of construction.

[Statutory Authority: Chapter 36.79 RCW. 01-05-009, § 136-161-070, filed 2/8/01, effective 3/11/01; 99-01-021, § 136-161-070, filed 12/7/98, effective 1/7/99; 98-09-070, § 136-161-070, filed 4/20/98, effective 5/21/98. Statutory Authority: RCW 36.78.070 and 36.79.060. 96-17-013, § 136-161-070, filed 8/12/96, effective 9/12/96. Statutory Authority: RCW 36.79.060. 94-16-111, § 136-161-070, filed 8/2/94, effective 9/2/94.]

     (1) PSR: No maximum project RATA contribution; 40% limit on percentage of the forecasted regional apportionment amount;

     (2) NWR: No maximum project RATA contribution; twenty percent limit on percentage of the forecasted regional apportionment amount;

     (3) NER: No maximum project RATA contribution; maximum RATA contribution to each county for 2R projects is seven hundred fifty thousand dollars; twelve and one-half percent limit on percentage of the forecasted regional apportionment amount;

     (4) SWR: No maximum project RATA contribution; fifteen percent limit on percentage of the forecasted regional apportionment amount;

     (5) SER: No maximum project RATA contribution; percentage varies by county as follows:

(a) Asotin County	ten percent
(b) Benton County	fourteen percent
(c) Columbia County	eleven percent
(d) Franklin County	thirteen percent
(e) Garfield County	ten percent
(f) Kittitas County	thirteen percent
(g) Klickitat County	fourteen percent
(h) Walla Walla County	fourteen percent
(i) Yakima County	twenty percent

     (6) The county limits for all eligible and applying counties in each region will be adjusted to include by equal share the funding limit of any ineligible or nonapplying county.

[Statutory Authority: Chapter 36.78 RCW. 10-05-018, § 136-161-080, filed 2/4/10, effective 3/7/10. Statutory Authority: Chapter 36.79 RCW. 08-16-042, § 136-161-080, filed 7/29/08, effective 8/29/08; 07-17-020, § 136-161-080, filed 8/6/07, effective 9/6/07; 03-11-046, § 136-161-080, filed 5/16/03, effective 6/16/03; 99-01-021, § 136-161-080, filed 12/7/98, effective 1/7/99; 98-09-070, § 136-161-080, filed 4/20/98, effective 5/21/98. Statutory Authority: RCW 36.79.060. 94-16-111, § 136-161-080, filed 8/2/94, effective 9/2/94.]

OTS-3797.1

AMENDATORY SECTION(Amending WSR 01-05-009, filed 2/8/01, effective 3/11/01)

WAC 136-163-050   Limitations and conditions -- Emergency and emergent projects.   All projects for which RATA funding is being requested under this chapter are subject to the following:

     (1) The requesting county has the sole burden of making a clear and conclusive showing that the project is either emergent or emergency as described in WAC 136-163-020 through 136-163-040;

     (2) The requesting county shall clearly demonstrate that the need for the project was unable to be anticipated at the time the current six-year transportation program was developed; and

     (3) The ((requesting)) county requesting emergent project funding agrees to a reduction in the next funding period's maximum RATA eligibility to the county equal to the RATA that may be provided; however, should that region not have a maximum RATA eligibility for each county, the requesting county agrees to withdraw, amend or delay an existing approved project or portion thereof in an amount equal to the RATA that may be provided for the project.

     (4) The county requesting emergency project funding will have no future RATA funding reduction as a result of an emergency project approval.

[Statutory Authority: Chapter 36.79 RCW. 01-05-009, § 136-163-050, filed 2/8/01, effective 3/11/01; 99-01-021, § 136-163-050, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 96-17-014, § 136-163-050, filed 8/12/96, effective 9/12/96.]

OTS-3798.1

AMENDATORY SECTION(Amending WSR 09-23-044, filed 11/9/09, effective 12/10/09)

WAC 136-165-020   Requirements for consideration of RATA fund increases.   (1) When a county submits its final prospectus as described in WAC 136-161-050, the county road administration board presumes that the amount of RATA funds requested, plus any non-RATA funds that may be designated for the project, are sufficient to fully, and in a timely manner, complete the project as described.

     (2) All cost increases during the course of construction shall be the responsibility of the county. In extraordinary circumstances, a county may request an increase in the amount of RATA funds allocated to a project. A county may request an increase in a project's RATA allocation ((only twice in)) once during the course of a project's development((: At the)), and such request may occur only after completion of preliminary engineering, ((and)) but prior to commencing construction. A project shall be considered to have commenced construction if:

     (a) The construction contract for the work has been awarded; ((and)) or

     (b) If done by county forces, the work has commenced, except for ((labor)) construction engineering.

     ((All cost increases during the course of construction shall be the responsibility of the county.)) Requests for increases in excess of ((fifty)) twenty-five percent of the original RATA allocation will not be considered or granted; the county must secure other funds, withdraw or request the termination of the project, or request a change in scope and/or project limits. If current funding sources are not sufficient to cover the costs beyond a twenty-five percent increase, the county may resubmit the same project for funding in the next funding period. Upon funding of the new project by the county road administration board, the previous contract shall become void. All RATA funds expended on the previous contract shall be repaid to the county road administration board unless waived by the county road administration board in keeping with provisions of WAC 136-167-030.

     (3) A request by a county for an increase in RATA funds allocated to a project shall demonstrate that:

     (a) The county at the time of preparing its final project prospectus considered the factors listed in subsection (4) of this section;

     (b) The request for an increased allocation is based on extraordinary and unforeseeable circumstances of the type listed in subsection (5) of this section;

     (c) It is not feasible to reduce the scope and/or project limits so the project can be substantially constructed within the initial RATA allocation;

     (d) The request is not to pay for an expansion of the originally approved project;

     (e) If the work is to be done by contract, the county has supplied to the CRABoard, an updated engineer's cost estimate prior to, and within three months of, advertisement of the project for construction bids; and

     (f) If the work is to be done by county forces, the county has supplied to the CRABoard, an updated engineer's cost estimate prior to, and within three months of, commencement of the work.

     (4) At the time of preparation and submittal of the final project prospectus, a county is expected to consider all information which may affect the cost of the project. In cases where the information is incomplete or poorly defined, the county is to exercise good professional judgment and/or seek outside professional assistance and advice in order to prepare a reasonable RATA fund request. The information which a county is expected to consider includes, but is not limited to, the following:

     (a) The availability at the needed time of matching funds and other supplementary funds;

     (b) All technical data reasonably available such as topographic maps, reconnaissance reports, surface and subsurface geotechnical data, hydraulic and hydrological data, sources of materials, applicable design standards, and any earlier preliminary engineering;

     (c) Required permits, including preproject scoping consultations with the permitting agencies and an estimate of the costs of complying with permit requirements;

     (d) Required right of way or other easements, and the time and cost of acquisition;

     (e) Availability of qualified contractors to perform the work;

     (f) Ownership, type, amount, and time requirements of any required utility relocation;

     (g) Historical and projected labor, equipment and material costs; and

     (h) The project development timetable leading to completed construction and the interrelation of this project to all other work activities under the control of the county engineer.

     (5) The county road administration board will increase RATA funds allocated to a project only if it finds that the request for an increased allocation is based on extraordinary and unforeseeable circumstances, including but not limited to the following:

     (a) The county relied on existing technical data which were later found to be in error, and which will necessitate a significant design change prior to proceeding with construction;

     (b) Project permit requirements were substantially changed, or new permits were required;

     (c) Supplementary funds, such as impact fees, developer contributions, grants, etc., which were forecasted to be available for the project, were withdrawn or otherwise became unavailable;

     (d) Design or other standards applicable to the project were changed; and/or

     (e) The start of construction will be significantly delayed or additional construction requirements will be added as a direct result of legal action; provided however, that the failure of a county to exercise its statutory powers, such as condemnation, will not be grounds for increasing RATA funds.

[Statutory Authority: Chapter 36.78 RCW. 09-23-044, § 136-165-020, filed 11/9/09, effective 12/10/09. Statutory Authority: Chapter 36.79 RCW. 06-11-067, § 136-165-020, filed 5/12/06, effective 6/12/06; 99-01-021, § 136-165-020, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 94-16-109, § 136-165-020, filed 8/2/94, effective 9/2/94.]

     (a) Whether the county, at the time of preparing its final project prospectus, considered the factors listed in WAC 136-165-020(4);

     (b) Whether the county's request for an increased allocation is based on extraordinary and unforeseeable circumstances of the type listed in WAC 136-165-020(5);

     (c) Whether it is feasible to reduce the scope and/or project limits so the project can be substantially constructed within the initial RATA allocation;

     (d) Whether the request is to pay for an expansion of the project; and

     (e) Whether the increased allocation will have an adverse effect on other approved or requested RATA funded projects.

     (2) ((Where the requested increase is less than or equal to twenty-five percent of the original RATA allocation, and one hundred thousand dollars, the request may be acted upon by the executive director; all approvals or denials will be appropriately documented and described to the county road administration board at its next quarterly meeting. Where the requested increase is more than twenty-five percent of the original RATA allocation, or one hundred thousand dollars, the request will be acted upon by the county road administration board.

     (3))) If the county road administration board finds that an increase in RATA funds for a previously approved project is justified, some or all of the requested increase may be allocated.

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, § 136-165-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 94-16-109, § 136-165-030, filed 8/2/94, effective 9/2/94.]

     All reductions and reduction adjustments as described shall be effective in the project program period following the period in which the increase in the RATA funds is approved.

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, § 136-165-040, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 94-16-109, § 136-165-040, filed 8/2/94, effective 9/2/94.]

[Statutory Authority: Chapter 36.79 RCW. 99-01-021, § 136-165-050, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 94-16-109, § 136-165-050, filed 8/2/94, effective 9/2/94.]

OTS-3799.1

AMENDATORY SECTION(Amending WSR 00-05-043, filed 2/11/00, effective 3/13/00)

WAC 136-167-030   Termination of approved project after RATA reimbursement.   (1) If a county terminates an uncompleted RATA funded project for which RATA reimbursement has been made, for other than an unanticipated scope change, and is prepared to repay the RATA for all RATA funds received, the county shall, by means of a letter signed by the chair of the board of county commissioners or the county executive as appropriate, inform the county road administration board of its termination of the project. The letter shall state the reasons for termination and commit to repaying all RATA funds received for the project. Upon ((acknowledgement)) acknowledgment of such termination by the county road administration board, the county shall repay the county road administration board for all RATA funds paid to the county on that project within sixty days of such ((acknowledgement)) acknowledgment. After receipt of the RATA repayment, the county road administration board will void the CRAB/county contract and allocate the RATA funds to other projects within the region.

     (2) If a county terminates an uncompleted RATA funded project for which RATA reimbursement has been made, for other than an unanticipated scope change, and does not want to be required to repay the county road administration board for all RATA funds received, a letter of request signed by the chair of the board of county commissioners or the county executive as appropriate must be sent to the county road administration board. The request must include:

     (a) An explanation of the reasons that the project will not proceed to completion;

     (b) A statement of the amount of RATA funds which the county does not want to repay; and

     (c) An explanation of why the county believes full repayment should not be made.

     If the county road administration board grants the request, the county shall repay all RATA funds not exempted from repayment, the CRAB/county contract will be amended, and the remaining RATA funds will be allocated to other projects within the region. If the county road administration board denies the request, full repayment shall be made as provided in subsection (1) of this section.

     (3) If after an engineering design study for the RATA funded project has been completed, and as a result of that study it is found that the project scope submitted the final project prospectus must be significantly altered due to factors not anticipated at the time of final prospectus submittal, a county may voluntarily withdraw the project and resubmit a revised project during a later RAP cycle.

     A county wishing to voluntarily withdraw a project for an unanticipated scope change shall submit a request signed by the chair of the board of county commissioners or the county executive as appropriate, to the county road administration board notifying the board of the county's intention to withdraw the project and the nature of the unanticipated project scope change. The county may retain up to five percent of the RATA request amount, not to exceed seventy-five thousand dollars for the RATA share of the cost to perform the engineering design study. In order to be eligible to retain the RATA share of the cost to perform the engineering design study, the project must have begun the engineering design within one year of project approval by the county road administration board and it must be documented in the request that the changed conditions could not have been reasonably anticipated at the time of final prospectus submittal. The director shall make the determination of eligibility for the following conditions:

     (a) Unanticipated subsurface conditions identified in a geotechnical report resulting from subsurface explorations (i.e., drilling) that would not normally be completed prior to the final prospectus;

     (b) Unanticipated environmental and/or cultural resource issues identified in an environmental or cultural resource discipline report that would not normally be completed prior to the final prospectus submittal;

     (c) Changes in project eligibility resulting from annexation or functional classification changes not anticipated prior to final prospectus submittal;

     (d) Inability to obtain necessary rights of way from agencies/entities that are not subject to eminent domain (i.e., federal or tribal agencies); or

     (e) Major geometric changes required to mitigate impacts identified by the public and/or adjacent property owners as the result of a formal environmental determination, formal public involvement process, or unanticipated costs for utility relocations that were not reasonably anticipated prior to final prospectus submittal.

     Upon a determination of eligibility by the director, the county shall repay the county road administration board for all costs in excess of the eligible amount within sixty days of such acknowledgment, the CRAB/county contract will be amended, and the remaining RATA funds will be allocated to other projects within the region. Any determination made by the director under this subsection may be appealed to the full board for a final determination of eligibility. Nothing in this subsection is intended to limit or restrict a county from making a request to the county road administration board as allowed under subsection (2) of this section.

[Statutory Authority: Chapter 36.79 RCW. 00-05-043, § 136-167-030, filed 2/11/00, effective 3/13/00; 99-01-021, § 136-167-030, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 94-16-110, § 136-167-030, filed 8/2/94, effective 9/2/94.]

     (1) For the purposes of this section, a project will be subject to lapsing and withdrawal of its RATA allocation if:

     (a) The project has not begun the preliminary engineering ((phase)) within ((four)) one year((s)) of project approval by the county road administration board; or

     (b) The project has not begun construction within six years of the date of project approval by the county road administration board.

     (2) A project shall be considered in preliminary engineering if ((authorization to expend funds)) RATA funds have been expended or evidence that non-RATA funds have been expended for preliminary engineering ((has been granted by the county legislative authority)) as provided for in RCW 36.75.050. A project shall be considered in construction if:

     (a) The construction contract for the work has been advertised for bids as provided for in RCW 36.77.020;

     (b) A contract has been awarded under the provisions of the small works roster contract award process; or

     (c) If done by county forces, the work has commenced.

     (3) If an approved project does not meet a required project development milestone, the county road administration board will, at its next regular meeting, withdraw RATA funds from the project.

     (4) At any time up to ten days before such meeting, the county may, in writing, request an extension of the lapse date. The county road administration board ((executive director)) may grant such an extension if ((the director)) it finds that the delay in project development was for reasons that were both unanticipated and beyond the control of the county, and subject to the following:

     (a) A project extension will be granted one time only and will be no more than two years in length; and

     (b) The county can demonstrate that the project was actively pursued for completion within the original CRAB/county contract terms and can be completed within a two-year extension; and

     (c) The request for an extension is based on unforeseeable circumstances that the county could not have anticipated at the time the project was submitted for RATA funding; and

     (((c))) (d) An approved time extension will not be grounds for the county to request an increase in the RATA funding of the project; and

     (((d))) (e) The executive director will determine a new lapse date, and all of the requirements listed above under subsections (1) and (2) of this section will apply except that further extensions will not be granted.

     (5) The CRABoard may at any time place a moratorium on lapsing of projects that are delayed due to CRAB initiated rescheduling and establish a new lapsing date to fit the CRABoard's programming needs. For those projects given a lapsing moratorium, section four shall be held in abeyance until the new lapsing date.

[Statutory Authority: Chapter 36.78 RCW. 09-23-044, § 136-167-040, filed 11/9/09, effective 12/10/09. Statutory Authority: Chapter 36.79 RCW. 01-09-077, § 136-167-040, filed 4/17/01, effective 5/18/01; 99-01-021, § 136-167-040, filed 12/7/98, effective 1/7/99. Statutory Authority: RCW 36.79.060. 94-16-110, § 136-167-040, filed 8/2/94, effective 9/2/94.]

OTS-3800.1

AMENDATORY SECTION(Amending WSR 01-05-008, filed 2/8/01, effective 3/11/01)

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 ((when a)):

     (i) If a single construction contract is intended to fully complete the project, at the time of project advertisement, construction contract ((has been awarded and/or when construction has commenced)), 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 under 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) 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 (d) of this subsection.

     (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) 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.

     (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 the notification requirement of WAC 136-170-030 (2)(d), 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 using;

     (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 36.79 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.]

     (2) The county must submit the request prior to advertising for ((the)) any construction contract, or prior to commencing any construction ((should any of the projects be scheduled for completion by day labor)) by county forces. The request shall contain detailed information prepared by the county engineer demonstrating fulfillment of the original CRAB/county contract selected through the region's project array, including:

     (a) The relationship between the original and segmented project termini;

     (b) Each segments' distinct and separate utility; and

     (c) The planned timing and funding for each segment.

     (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 county forces, 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 calendar days of receipt shall nullify any split requests and any other county road administration board actions associated with the split request.

     (((7))) (6) Construction on at least one of the split project((s)) segments must commence by the lapsing date of the original project and all remaining portions must proceed to construction within two years of commencement of the first project. 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.))

[Statutory Authority: Chapter 36.78 RCW. 09-23-044, § 136-170-060, filed 11/9/09, effective 12/10/09. Statutory Authority: Chapter 36.79 RCW. 08-16-044, § 136-170-060, filed 7/29/08, effective 8/29/08.]

© Washington State Code Reviser's Office