Current through Register Vol. 24-18, September 15, 2024
(1) 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 (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 (1)(d) of this section.
(f) The county will reimburse the RATA in the
event a project post-audit 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.
(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 (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. WSR 11-05-005,
§
136-170-030, filed 2/3/11,
effective 3/6/11. Statutory Authority: Chapter 36.79 RCW. WSR 01-05-008, §
136-170-030, filed 2/8/01,
effective 3/11/01; WSR 99-01-021, §
136-170-030, filed 12/7/98,
effective 1/7/99. Statutory Authority:
RCW
36.78.070 and
36.79.060. WSR 96-17-013, §
136-170-030, filed 8/12/96,
effective 9/12/96. Statutory Authority:
RCW
36.79.060. WSR 94-16-112, §
136-170-030, filed 8/2/94,
effective 9/2/94. Statutory Authority:
Chapter
36.78 RCW. WSR 84-16-065
(Order 56), §
136-170-030, filed
7/30/84.
