SSB 6560 -
By Senator Rockefeller
ADOPTED 02/19/2008
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that public utility
districts provide customer-owned, nonprofit utility services throughout
Washington state. The legislature further finds that statutory bid
limits for public utility districts have not been increased to address
inflation and dramatic cost increases in construction materials. The
legislature further finds that existing bid limits and high
construction material costs often preclude public utility districts
from maintaining and repairing their utility infrastructure, providing
training and experience to utility workers, and accommodating high
contract administrative costs. The legislature further finds that
existing bid limits result in increased costs to both public utility
districts and utility customers. Therefore, it is the intent of the
legislature to amend the bid limits for public utility districts to
address inflation and increased material costs.
Sec. 2 RCW 54.04.070 and 2002 c 72 s 2 are each amended to read
as follows:
(1) Any item, or items of the same kind of materials, equipment, or
supplies purchased, the estimated cost of which is in excess of ((ten))
fifteen thousand dollars, exclusive of sales tax, shall be by
contract((: PROVIDED, That)). However, a district may make purchases
of the same kind of items of materials, equipment, and supplies not
exceeding ((five)) seven thousand five hundred dollars in any calendar
month without a contract, purchasing any excess thereof over ((five))
seven thousand five hundred dollars by contract.
(2) Any work ordered by a district commission, the estimated cost
of which is in excess of ((ten)) twenty-five thousand dollars,
exclusive of sales tax, shall be by contract((, except that)).
However, a district commission may have its own regularly employed
personnel perform work which is an accepted industry practice under
prudent utility management without a contract. For purposes of this
section, "prudent utility management" means performing work with
regularly employed personnel utilizing material of a worth not
exceeding one hundred fifty thousand dollars in value without a
contract((: PROVIDED, That such)). This limit on the value of
material being utilized in work being performed by regularly employed
personnel shall not include the value of individual items of equipment
purchased or acquired and used as one unit of a project.
(3) Before awarding ((such)) a contract required under subsection
(1) or (2) of this section, the commission shall publish a notice once
or more in a newspaper of general circulation in the district at least
thirteen days before the last date upon which bids will be received,
inviting sealed proposals for the work or materials((;)). Plans and
specifications ((of which)) for the work or materials shall at the time
of ((the)) publication be on file at the office of the district and
subject to public inspection. Any published notice ordering work to be
performed for the district shall be mailed at the time of publication
to any established trade association which files a written request with
the district to receive such notices. The commission may, at the same
time and as part of the same notice, invite tenders for the work or
materials upon plans and specifications to be submitted by the bidders.
((All contract projects equal to or in excess of one hundred
thousand dollars shall be let by)) (4) As an alternative to the
competitive bidding ((unless the public utility)) requirements of this
section and RCW 54.04.080, a district may let((s)) contracts using the
small works roster process under RCW 39.04.155.
(5) Whenever equipment or materials required by a district are held
by a governmental agency and are available for sale but such agency is
unwilling to submit a proposal, the commission may ascertain the price
of such items and file a statement of such price supported by the sworn
affidavit of one member of the commission, and may consider such price
as a bid without a deposit or bond.
(6) Pursuant to RCW 39.04.280, the commission may waive the
competitive bidding requirements of this section ((pursuant to RCW
39.04.280)) and RCW 54.04.080 if an exemption contained within ((that
section)) RCW 39.04.280 applies to the purchase or public work.
Sec. 3 RCW 54.04.082 and 2002 c 72 s 1 are each amended to read
as follows:
For the awarding of a contract to purchase any item, or items of
the same kind of materials, equipment, or supplies in an amount
exceeding ((ten)) fifteen thousand dollars, but less than ((fifty))
sixty thousand dollars, exclusive of sales tax, the commission may, in
lieu of the procedure described in RCW 54.04.070 and 54.04.080
requiring public notice to invite sealed proposals for such materials,
equipment, or supplies, pursuant to commission resolution use the
process provided in RCW 39.04.190. Waiver of the deposit or bid bond
required under RCW 54.04.080 may be authorized by the commission in
securing such bid quotations."
SSB 6560 -
By Senator Rockefeller
ADOPTED 02/19/2008
On page 1, line 1 of the title, after "contracts;" strike the remainder of the title and insert "amending RCW 54.04.070 and 54.04.082; and creating a new section."