AN ACT Relating to
school bus acquisitions; 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.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON
NEW SECTION. Sec.
1. A new section is added
to chapter 28A.160 RCW to read as follows:
(1) The superintendent
of public instruction, in consultation with the regional transportation
coordinators of the educational service districts, shall establish a minimum
number of school bus categories considering the capacity and type of vehicles
required by school districts in Washington. The superintendent, in
consultation with the regional transportation coordinators of the educational
service districts, shall establish competitive specifications for each category
of school bus. The categories shall be developed to produce minimum long-range
operating costs, including costs of equipment and all costs in operating the
vehicles. The categories, for purposes of comparative studies, will be at a
minimum the same as those in the beginning of the 1994-95 school year. 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 in consultation with the
regional transportation coordinators of the educational service districts.
(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, 1996,
the superintendent of public instruction, in consultation with the legislative
budget committee, 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.
