5408-S AMS WEST S3429.2
SSB 5408 - S AMD - 431
By Senators West and Rinehart
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 28A.160 RCW to read as follows:
(1) The superintendent of public instruction shall establish a minimum number of school bus categories considering the capacity and type of vehicles required by school districts in Washington. The superintendent shall establish competitive specifications for each category of school bus. The competitive specifications shall meet federal motor vehicle safety standards, minimum state specifications as established by rule by the superintendent, and supported options as determined by the superintendent.
(2) After establishing school bus categories and competitive specifications, the superintendent of public instruction shall solicit competitive price quotes from school bus dealers to be in effect for one year and establish a list of the lowest competitive price quotes obtained under this subsection.
(3) The superintendent shall base the level of reimbursement to school districts and educational service districts for school buses on the lowest quote in each category.
(4) Notwithstanding RCW 28A.335.190, school districts and educational service districts may purchase at the quoted price directly from the dealer who is providing the lowest competitive price quote on the list established under subsection (2) of this section. School districts and educational service districts may make their own selections for school buses, but shall be reimbursed at the rates determined under this section and RCW 28A.160.200. District-selected options shall not be reimbursed by the state.
(5) This section does not prohibit school districts or educational service districts from conducting their own competitive bid process.
(6) The superintendent of public instruction may adopt rules under chapter 34.05 RCW to implement this section.
Sec. 2. RCW 28A.160.200 and 1990 c 33 s 146 are each amended to read as follows:
((The superintendent
shall determine the vehicle acquisition allocation in the following manner:
(1) By May 1st of
each year, the superintendent shall develop preliminary categories of student
transportation vehicles to ensure adequate student transportation fleets for
districts. The superintendent shall take into consideration the types of
vehicles purchased by individual school districts in the state. The categories
shall include, but not be limited to, variables such as vehicle capacity, type
of chassis, type of fuel, engine and body type, special equipment, and life of
vehicle. The categories shall be developed in conjunction with the local
districts and shall be applicable to the following school year. The categories
shall be designed to produce minimum long-range operating costs, including
costs of equipment and all costs incurred in operating the vehicles. Each
category description shall include the estimated state-determined purchase
price, which shall be based on the actual costs of the vehicles purchased for
that comparable category in the state during the preceding twelve months and
the anticipated market price for the next school fiscal year. By June 15th of
each year, the superintendent shall notify districts of the preliminary vehicle
categories and state-determined purchase price for the ensuing school year. By
October 15th of each year, the superintendent shall finalize the categories and
the associated state-determined purchase price and shall notify districts of
any changes. While it is the responsibility of each district to select each
student transportation vehicle to be purchased by the district, each district
shall be paid a sum based only on the amount of the state-determined purchase
price and inflation as recognized by the reimbursement schedule established in
this section as set by the superintendent for the category of vehicle
purchased.
(2))) (1) The superintendent shall develop a
reimbursement schedule to pay districts for the cost of student transportation
vehicles purchased after September 1, 1982. While it is the responsibility
of each district to select and pay for each student transportation vehicle
purchased by the district, each district shall be paid a sum based on the
category of vehicle, anticipated lifetime of vehicles of this category, and
state reimbursement rate for the category plus inflation as recognized by the
reimbursement schedule established in this section as set by the
superintendent. Categories and reimbursement rates of vehicles shall be those
established under section 1 of this act. The accumulated value of the
payments and the potential investment return thereon shall be designed to be
equal to the replacement ((value)) cost of the vehicle less its
salvage value at the end of its anticipated lifetime. The superintendent shall
revise at least annually the reimbursement payments based on the current and
anticipated future cost of comparable categories of transportation equipment.
Reimbursements to school districts for approved transportation equipment shall
be placed in a separate ((vehicle)) transportation vehicle fund
established for each school district under RCW 28A.160.130. However,
educational service districts providing student transportation services
pursuant to RCW 28A.310.180(4) and receiving moneys generated pursuant to this
section shall establish and maintain a separate ((vehicle))
transportation vehicle account in the educational service district's
general expense fund for the purposes and subject to the conditions under RCW
28A.160.130 and 28A.320.300.
(((3))) (2)
To the extent possible, districts shall operate vehicles acquired under this
section not less than the number of years or useful lifetime now, or hereafter,
assigned to the ((class)) category of vehicles by the
superintendent. School districts shall properly maintain the transportation
equipment acquired under the provisions of this section, in accordance with
rules established by the office of the superintendent of public instruction.
If a district fails to follow generally accepted standards of maintenance and
operation, the superintendent of public instruction shall penalize the district
by deducting from future reimbursements under this section an amount equal to
the original cost of the vehicle multiplied by the fraction of the useful
lifetime or miles the vehicle failed to operate.
(((4))) (3)
The superintendent shall annually develop a depreciation schedule to recognize
the cost of depreciation to districts contracting with private carriers for
student transportation. Payments on this schedule shall be a straight line
depreciation based on the original cost of the appropriate category of vehicle.
Sec. 3. RCW 28A.335.190 and 1994 c 212 s 1 are each amended to read as follows:
(1) When, in the opinion of the board of directors of any school district, the cost of any furniture, supplies, equipment, building, improvements, or repairs, or other work or purchases, except books, will equal or exceed the sum of fifty thousand dollars, complete plans and specifications for such work or purchases shall be prepared and notice by publication given in at least one newspaper of general circulation within the district, once each week for two consecutive weeks, of the intention to receive bids therefor and that specifications and other information may be examined at the office of the board or any other officially designated location: PROVIDED, That the board without giving such notice may make improvements or repairs to the property of the district through the shop and repair department of such district when the total of such improvements or repair does not exceed the sum of (a) fifteen thousand dollars, for districts with fifteen thousand five hundred or more full-time equivalent students; or (b) for districts with fewer than fifteen thousand five hundred full-time equivalent students, fifteen thousand dollars if more than one craft or trade is involved with the school district improvement or repair, or ten thousand dollars if a single craft or trade is involved with the school district improvement or repair. The cost of any public work, improvement or repair for the purposes of this section shall be the aggregate of all amounts to be paid for labor, material, and equipment on one continuous or interrelated project where work is to be performed simultaneously or in close sequence. The bids shall be in writing and shall be opened and read in public on the date and in the place named in the notice and after being opened shall be filed for public inspection.
(2) Every purchase of furniture, equipment or supplies, except books, the cost of which is estimated to be in excess of fifteen thousand dollars, shall be on a competitive basis. The board of directors shall establish a procedure for securing telephone and/or written quotations for such purchases. Whenever the estimated cost is from fifteen thousand dollars up to fifty thousand dollars, the procedure shall require quotations from at least three different sources to be obtained in writing or by telephone, and recorded for public perusal. Whenever the estimated cost is in excess of fifty thousand dollars, the public bidding process provided in subsection (1) of this section shall be followed.
(3) Every building, improvement, repair or other public works project, the cost of which is estimated to be in excess of (a) fifteen thousand dollars, for districts with fifteen thousand five hundred or more full-time equivalent students; or (b) for districts with fewer than fifteen thousand five hundred full-time equivalent students, fifteen thousand dollars if more than one craft or trade is involved with the school district improvement or repair, or ten thousand dollars if a single craft or trade is involved with the school district improvement or repair, shall be on a competitive bid process. All such projects estimated to be less than fifty thousand dollars may be awarded to a contractor on the small works roster. The small works roster shall be comprised of all responsible contractors who have requested to be on the list. The board of directors shall establish a procedure for securing telephone and/or written quotations from the contractors on the small works roster to assure establishment of a competitive price and for awarding contracts to the lowest responsible bidder. Such procedure shall require that a good faith effort be made to request quotations from all contractors on the small works roster who have indicated the capability of performing the kind of public works being contracted. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry. The small works roster shall be revised at least once each year by publishing notice of such opportunity in at least one newspaper of general circulation in the district. Responsible contractors shall be added to the list at any time they submit a written request. Whenever the estimated cost of a public works project is fifty thousand dollars or more, the public bidding process provided in subsection (1) of this section shall be followed.
(4) The contract for the work or purchase shall be awarded to the lowest responsible bidder as defined in RCW 43.19.1911 but the board may by resolution reject any and all bids and make further calls for bids in the same manner as the original call. On any work or purchase the board shall provide bidding information to any qualified bidder or the bidder's agent, requesting it in person.
(5) In the event of any emergency when the public interest or property of the district would suffer material injury or damage by delay, upon resolution of the board declaring the existence of such an emergency and reciting the facts constituting the same, the board may waive the requirements of this section with reference to any purchase or contract: PROVIDED, That an "emergency", for the purposes of this section, means a condition likely to result in immediate physical injury to persons or to property of the school district in the absence of prompt remedial action.
(6) This section does not apply to the direct purchase of school buses by school districts and educational services in accordance with section 1 of this act.
NEW SECTION. Sec. 4. (1) By December 15, 1995, the superintendent of public instruction shall prepare a report comparing:
(a) The reimbursement schedule in effect for the 1994-95 school year with the reimbursement schedule adopted for the 1995-96 school year;
(b) The expected state savings from using the 1995-96 schedule; and
(c) The price quotes received by the superintendent of public instruction with the prices obtained by school districts and educational service districts.
(2) The report shall be submitted to the fiscal committees of the house of representatives and the senate.
NEW SECTION. Sec. 5. (1) Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.
(2) Section 2 of this act shall take effect September 1, 1995."
SSB 5408 - S AMD
By Senators West and Rinehart
On page 1, line 1 of the title, after "acquisitions;" strike the remainder of the title and insert "amending RCW 28A.160.200 and 28A.335.190; adding a new section to chapter 28A.160 RCW; creating a new section; providing an effective date; and declaring an emergency."
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