(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 once during the course of a project's development, and such request
may occur only after completion of preliminary engineering, 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; or
(b) If done by county forces, the work has
commenced, except for construction engineering.
Requests for increases in excess of 25 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 25 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;
(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; and/or
(f) The lowest responsive bid for
construction exceeds the amount of available funding for construction; provided
that said bid is determined by the county engineer to be reasonable and the
increased cost of the bid can be justified.
