The County Road Administration Board - CRAB RAP Process & WACs

1. The County Road Administration Board - CRABRAP Process &WACs Rural Arterial ProgramRules: RCW 36.79 WAC 136 chapters 100 – 210

2. Abandoned Freight Haul System of the past

3. With Freight now off the rail system, improving county arterial roads statewide allows trucks and cars to share the road safely.

4. CRAB receives County 6 yr road program Dec. 31, 2011 WAC 136-15-045 CRAB Call for projects Jan. 2012 Submit Preliminary Project List. ---- March 1, 2012 Complete CRAB Staff Field Reviews ---- June 30, 2012 Submit Project Prospectuses ---- Sept 01, 2012 CRABoard Approve Project Arrays ---- Oct 21, 2012 CRAB budget proposal to OFM- ---- Nov 01, 2012 Submit Road Levy Report ---- Feb 01, 2013 Annual Certification ----- April 1, 2013 Fund Projects ---- April 2013 Project Submittal - Submittal cycle for 2013 – 2015 Biennium WAC 136-161

5. Preliminary Prospectus ELIGIBILITY: • County - Annual Certification – by CRAB every April • Road - Function Class (02, 06, 07, 08, sometimes 09) • Project – Must be on even-year County TIP

6. COUNTY’S SELECTION OF RAP PROPOSALS • Submit enough projects (5 max, no $ limit) so that the county has options, can review competitiveness. • WAC 136-161-030 – “The number of preliminary prospectuses submitted and the total amount of RATA funds requested by each eligible county shall be sufficient to assure that, based upon such prospectuses, each county will be able to compete up to its county limit within its region.” • A full list of regional projects demonstrates true statewide need, and can accept additional funding such as authorized by legislature from time to time • Political support - 6 year TIP • County should consider design issues among the various project types. • In cases where there is potential for further local input, the project may only be in the preliminary planning stage or facing a Design or Value Engineering study. The county should then submit the proposal next time, after general agreement about the project location and scope.

7. WAC 136-15-045RAP projects in the six-year program. • Each county's six-year transportation program in each even-numbered year shall include all projects for which the county may request RATA funds during the succeeding biennium. Project cost estimates for prospective RAP projects shall be considered preliminary and subject to revision until a project application is submitted.

8. PRELIMINARY PROSPECTUS FORM • Road Number - Follow up DATA, road log. • Legislative District – CRAB’s Projects web site for public/legislators. • F/C - Eligibility problems, adjusting urban growth boundaries, census, annexations. . (2010 census may change some roads to ineligible class). If the project has gained funding, the CRABoard may let the funding remain after jurisdictional or FC change. • Freight and Goods Class. This has received special funding in the past • Vicinity Map - Can a tourist find the project and its’ limits? • Description of improvements - surface, accidents, alignment, type, program (discuss these during CRAB field review). • Worksheets are not due when preliminary prospectus is submitted.

12. Vicinity Maps

16. FIELD REVIEWS – MARCH THROUGH JUNE • Avoid early spring maintenance repairs (overlays, fog seals, grading) prior to field review. Crack sealing, dig-outs and patching would be okay since they are rated as deficiencies. • Personnel (preferably County Engineer as minimum) familiar with six year program, county priority array and traffic, maintenance issues. • Discuss purpose for the project or corridor, overall scope, and possible project alternatives. • Visual Ratings • Drive the project once or twice no faster than 25 to 30 mph.

17. FINAL Prospectus - Due Sept 1, 2012 • Proposed project must improve or replace the deficient section of an existing road. • CRAB staff cannot give assurance of funding on the proposed array. • The CRABoard will not approve requests for increased RATA funding that are due to poor original cost estimating or design assumptions. • Ranking is adjusted to reflect extent of improvement. • Accomplish planning and community input before funding. If a project has unclear environmental, undefined risk or scope, it should be submitted in a later cycle.

20. Project Selection – Competitive Factors • Projects ranked by factors listed in RCW 36.79.080. • Structural ability to carry loads; • Rated by Extent of Failure • Ability to move traffic at reasonable speeds; • Design Speed in City and County Design Standards - LAG • Adequacy of alignment and related geometry; • City and County Design Standards - LAG • Accident and fatal accident experience; • Documented accidents last 3-5 years, project length • AND: • Local Significance • Not in statute, but reflects the project’s importance per the 6 Year Program.

21. Project Approval - Results in a CRAB/County Contract • Based on commitments in Final Prospectus • Amendments (after funding) may be granted based on: • Increases to funding • Segmentation of the proposed project. • Changes in Scope • Request for phased construction • (will go away for ‘13-’15 contracts) • Waiver of payback of spent RATA funds • Other

23. (1) Reconstruction - alignment and grade changes on fifty percent or more of the project length, and may include additional travel lanes and right of way costs. (2) 3R - resurfacing, restoration, and rehabilitation - less than fifty percent vertical or horizontal changes, and on safety improvements. Right of way costs are eligible for RATA reimbursement as a part of this project type. (3) 2R - resurfacing and restoration - restoration of the pavement structure on the existing vertical and horizontal alignment and spot safety improvements. Minor widening costs are allowed as a part of this project type. Right of way costs are not eligible for RATA reimbursement in this project type. (4) Intersection - 3R or reconstruction work limited to the vicinity of an existing intersection, and may include additional travel lanes and right of way costs. (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. Prior to each call for projects, and 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. Project TypesWAC 136-130-020 (following the LAG definitions, not necessarily the worksheet processes)

24. Points for Geometry • 136-130-080Limitation on rating points. • In each of the project prioritization procedures and associated approved forms, for purposes of the RAP project prospectus submitted to the county road administration board, geometric condition points shall be assigned only for those conditions which will be corrected by construction of the project. Note in Prospectus • The rating worksheets contain formulas that reduce the points based on the project’s percent of improvement to AASHTO standards.

25. Lack of projects for a project type • 136-130-090Reallocation of RATA funds between project types. • In the event that …insufficient number of projects are submitted in any project type to utilize the RATA funds set aside for the project type, all remaining funds shall be divided among the remaining project types as the county road administration board deems appropriate.

26. Eligibility – RCW 36.79.140 • Only those counties that during the preceding twelve months have spent all revenues collected for road purposes only for such purposes, including removal of barriers to fish passage and accompanying streambed and stream bank repair as specified in RCW 36.82.070, and including traffic law enforcement, as are allowed to the state by Article II, section 40 of the state Constitution are eligible to receive funds from the rural arterial trust account, except that: (1) Counties with a population of less than eight thousand are exempt from this eligibility restriction; (2) counties expending revenues collected for road purposes only on other governmental services after authorization from the voters of that county under RCW 84.55.050 are also exempt from this eligibility restriction; and (3) this restriction shall not apply to any moneys diverted from the road district levy under chapter 39.89 RCW.

27. Eligibility – Road Levy • WAC 136-150-021 Ascertaining the road levy. • CRAB requires a Road Levy Certification showing the amount, if any, budgeted for traffic law enforcement and/or any other purpose in accordance with RCW 36.33.220 • February 1st of each year

28. Eligibility – Traffic Law Enforcement • WAC 136-150-022… the county sheriff shall submit a certification showing the actual expenditure for traffic law enforcement in the previous budget year, provided that counties with a population of less than eight thousand shall be exempt from this requirement. • April 1 of each year.

29. Eligibility – Fish Barrier Removal • WAC 136-150-023 … the county engineer shall submit a certification showing that fish passage barrier removal activities beyond the county right of way did not exceed twenty-five percent of the total costs for activities related to fish barrier removal on any one project, and that the total annual cost of activities related to the removal of barriers to fish passage performed beyond the county rights of way did not exceed one-half of one percent of the county's annual road construction budget. • April 1 of each year.

30. Eligibility – Contained in Contract language • WAC 136-150-040Constraint of contract execution. • CRAB / County Contract cites the above Road Levy, Traffic Law Enforcement and Fish Barrier Removal certifications. • WAC 136-150-050Certification of CRAB/ County contract required. • Contract is signed by the county executive or chair of the board of county commissioners, assuring that the county is eligible.

31. Eligibility – Penalty • In case of violation of certifications, there are consequences: • WAC 136-150-060 Post audit penalty – • Return of funds from violation year, and/or • Loss of current year funding, and/or • Loss of competition for future RATA funds.

32. Field Review • WAC 136-161-0460During the field review, CRAB staff will review the overall project scope with the county representative and, conduct visual rating. CRAB staff shall be a PE in the state of Washington, ….. • July 1st, 2012

33. Final Prospectus • WAC 136-161-050…shall include a vicinity map, a typical cross-section (existing and proposed), and, if a design deviation is required, an evaluation and determination by the county engineer. All final prospectuses shall indicate that the design of the project shall begin not later than one year from the date of project approval by the county road administration board, and that construction of the project shall begin not later than six years from the date of project approval by the county road administration board

34. Review of final prospectus WAC 136-161-060CRAB Staff will ensure that Final is: • Complete; • From the preliminary prospectuses; • The project is eligible; • The project is on the current, adopted six-year transportation program; • Design to commence in one year and const. in 6 years • Math is correct. • Exist. and prop. roadway cross sections, project narrative, and preconstruction photos are attached.

35. Priority Array • WAC 136-161-060 continued: • Projects are placed in a declining rank order. September • CRABoard review - October • Send copy of array to each country. • Array is used to help county budget and program. • No notations as to whether a particular project will or will not be funded will be included. • County should review past arrays and funding levels.

36. Selection for Funding • WAC 136-161-070 • Exclude ineligible projects • First funding of projects will occur in April, 2013 • CRABoard will fund in declining rank order • All counties have a funding limit which is also reduced by amounts of increase and emergency funding the county received in prior cycle. • Partially funded projects (from prior biennium) are funded first • Funding will be based on Revenue forecast and regional turn-back. • < 90% in April 2013 then > 10% at a later date. • The CRAB/County RAP Contract is based on scope, design and project limits indicated in the final prospectus.

37. Matching funds • WAC 136-161-110 - Use of other funds to match RATA funds. • Can use other funds to meet the county matching requirement.

38. Emergency projects • WAC 136-163-03 Eligibility • The county must declare an emergency - attach to RAP Online form • County must evaluate if State declaration ER FHWA • And Presidential declaration – FEMA • CRABoard will consider matching only after Fed $ is approved. • If no Federal funding, CRAB can provide up to 90% • If funded, the county will have a commensurate reduction in future funding limit.

39. Emergent Projects • WAC 136-163-040 • Scored by CRAB as a regular project. • Must rank at or above the funding line on the current array • County must show the need was unable to be anticipated for 6YR TIP • If funded, the county will have a commensurate reduction in future funding limit.

40. Increase RAP funding • 136-165-020 Requirements • CRABoard will not fund Scope Creep. • The increase must be based extraordinary and unforeseeable circumstances beyond the control of the county. • Cost increases during construction are borne by county • Request only once – prior to award or commencement. • Increase funding is limited to < 25% of current RATA funding • Provide an updated engr. est. 3 months prior to advertisement or commencement, • If funded, the county will have a reduction in future funding limit.

41. Alternative to increased funding • 136-165-020 continued: • Resubmit the same project for needed funding in the next cycle. • If funded 2nd time, prior contract becomes void. • Repay expended funds unless waived by CRABoard.

42. Withdrawal of contract type 1:– No RATA spent • WAC 136-167-020: • Commissioner or executive signed letter • Receipt by CRAB staff • County selects Withdraw button online. • CRABstaff confirms withdrawal online which archives the contract/project

43. Withdrawal of contract type 2:– Some RATA spent • WAC 136-167-030: • Commissioner or executive signed letter, agrees to pay back RATA • Reimbursement check sent to CRAB • Receipt od letter and reimbursement by CRAB staff • County selects Withdraw button online. • CRABstaff confirms withdrawal online which archives the contract/project

44. Withdrawal of contract type 3:– Waive payback • WAC 136-167-030: • Commissioner or executive signed letter, explains request for waiver • Attach waiver request form • Receipt by CRAB staff • County staff attends CRABoard meeting to plea their case. • If approved, Contract amendment is sent online • County signs and returns amendment and any reimbursable RATA • County selects Withdraw button online. • CRABstaff confirms withdrawal online which archives the contract/project

45. Withdrawal of contract type 4:– Design Study Waiver • WAC 136-167-030: • Commissioner or executive signed letter, in which the Engineer explains that prospectus must be altered due to factors not anticipated, and that county intends to withdraw unanticipated scope change. • County can request to retain up to 5% of RATA but < $75,000 • $s must be associated with the design study • CRAB director consideration, determination. (not the CRABoard) • Contract is amended • County signs and returns amendment and any reimbursable RATA • County selects Withdraw button online. • CRABstaff confirms withdrawal online which archives the contract/project

46. Withdrawal of contract type 4 continued:– Design Study Waiver – further details • WAC 136-167-030 continued – • The County must demonstrate / explain basis of request is for: • Unanticipated subsurface conditions, or • Unanticipated cultural resource issues, or • Changes due to annexation or FC, or • Right of Way issues with agencies not subject to eminent domain, or • Major geometric changes required to mitigate unanticipated impacts

47. Withdrawal of contract type 4 continued:– Design Study Waiver – further details • WAC 136-167-030 continued – Director determination: • Repay all costs in excess of eligible amount within 60 days • Contract is amended • County signs and returns amendment and any reimbursable RATA • County selects Withdraw button online. • CRABstaff confirms withdrawal online which archives the contract/project • The County may appeal the director’s determination to the CRABoard.

48. WAC 136-167-040 Project must commence design within one year of approval Request reimbursement PDF copy of payment made by other source of funds Project must commence construction within six years of approval. Start of County Forces Construction. Submit a RAP Voucher or copy of other Advertisement for Construction Bids – PDF Affidavit of Publication Solicitation of prices from contractors on Small Works Roster. Engr. Letter, email Lapsing Milestones Project Notification and Voucher submittals

49. WAC 136-167-040 Delay is unanticipated and beyond county’s control. Demonstrate the project was actively pursued. Request at least 10 days prior to CRABoard withdrawal of project. May be granted once, for no more than 2 years. Time Extensions

50. Time Extensions - CRABoard Moratorium • WAC 136-167-040 continued: • A CRABoard moratorium allows projects to be delayed to fit the CRABoard's programming needs such as maintaining a cash flow balance • A new lapsing date is set for the delayed projects and the usual rules on lapsing are held in abeyance until the new lapsing date.