To encourage timely development and construction of approved
projects, all projects for which RATA funds have been allocated must meet
certain project development milestones. Failure to meet the milestones will
result in action by the county road administration board to withdraw RATA funds
from the project.
(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 within one year 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 RATA funds have been expended or evidence that
non-RATA funds have been expended for preliminary engineering 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
may grant such an extension if 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
(d) An approved time extension
will not be grounds for the county to request an increase in the RATA funding
of the project; and
(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 in its discretion
determine that for the public safety, health or general welfare, an additional
extension is necessary. If such a determination is made, the CRABoard may grant
an additional extension and set the duration thereof.
(6)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.
