72-6760d. Same; definitions.
72-6760d
72-6760d. Same; definitions.As used in the Kansas unified school district alternativeproject delivery construction procurement act, unless the context expresslyprovides otherwise:
(a) "Act" means the Kansas unified school district alternative projectdelivery building construction procurement act.
(b) "Board" means board of education of every unified school district inKansas, as defined in K.S.A. 72-8201, and amendments thereto, with theauthority to award public contracts for building design and construction.
(c) "Alternative project delivery" means an integrated comprehensive buildingdesign and construction process, including all procedures, actions, sequencesof events, contractual relations, obligations, interrelations and various formsof agreement all aimed at the successful completion of the design andconstruction of buildings and other structures whereby a construction manageror general contractor is selected based on aqualifications and best value approach.
(d) "Ancillary technical services" include, but shall not be limited to,geology services and other soil or subsurface investigation and testingservices, surveying, adjusting and balancing air conditioning, ventilating,heating and other mechanical building systems and testing and consultantservices that are determined by the board to be required for the project.
(e) "Architectural services" means those services described by subsection (e)of K.S.A. 74-7003, and amendments thereto.
(f) "Best value selection" means a selection based upon project cost,qualifications and other factors.
(g) "Building construction" means furnishing labor, equipment, material orsupplies used or consumed for the design, construction, alteration, renovation,repair or maintenance of a building or structure. Building construction doesnot include highways, roads, bridges, dams, turnpikes or related structures orstand-alone parking lots.
(h) "Construction services" means the process of planning, acquiring,building, equipping, altering, repairing, improving or demolishing anystructure or appurtenance thereto, including facilities, utilities or otherimprovements to any real property, excluding stand-alone parking lots.
(i) "Construction management at-risk services" means the services provided bya firm which hasentered into a contract with the board to be the construction manager orgeneral contractor for the valueand schedule of the contract for a project, which is to hold the tradecontracts and execute the work fora project in a manner similar to a general contractor, and which is requiredto solicit competitive bidsfor the trade packages developed for the project and to enter into the tradecontracts for a project withthe lowest responsible bidder therefor. Construction management at-riskservices may include, but arenot limited to scheduling, value analysis, system analysis, constructabilityreviews, progress documentreviews, subcontractor involvement and prequalification, subcontractor bondingpolicy, budgeting and price guarantees and construction coordination.
(j) "Construction management at-risk contract" means the contract whereby theboard acquires from a construction manager or general contractor a series ofpreconstruction services and an at-risk financial obligation to carry outconstruction under a specified cost agreement.
(k) "Construction manager or general contractor" means any individual,partnership, joint venture,corporation, or other legal entity who is a memberof the integrated project team with the board, designprofessional and other consultants that may be required for the project, whoutilizes skill and knowledgeof general contracting to perform preconstruction services and competitivelyprocures and contracts withspecialty contractors assuming the responsibility and the risk for constructiondelivery within a specifiedcost and schedule terms including a guaranteed maximum price.
(l) "Cost plus guaranteed maximum price contract" means a cost-plus-a-feecontract with a guaranteedmaximum price. This includes the sum of the construction manager's fee, theconstruction manager's contingency, the construction manager's generalconditions, all the subcontracts, plus an estimate for unbidsubcontracts. Theconstruction manager agrees to pay for coststhat exceed the guaranteed maximum price andare not a result of changes in the contract documents.
(m) "Engineering services" means those services described by subsection (i)of K.S.A. 74-7003, and amendments thereto.
(n) "Guaranteed maximum price" means the cost of the work as defined in thecontract.
(o) "Selection recommendation committee" means school board or a committeeappointed by the school board.
(p) "Parking lot" means a designated area constructed on the ground surfacefor parking motor vehicles. A parking lot included as part of a buildingconstruction project shall be subject to the provisions of this act. A parkinglot designed and constructed as a stand-alone project shall not be subject tothe provisions of this act.
(q) "Preconstruction services" means a series of services that can include,but are not necessarily limited to: Design review, scheduling, cost control,value engineering,constructability evaluation and preparation and coordination of bid packages.
(r) "Project services" means architectural, engineering services, landsurveying, constructionmanagement at-risk services, ancillary technical services or otherconstruction-related servicesdetermined by the board to be required by the project.
(s) "Public construction project" means the process of designing,constructing, reconstructing,altering or renovating a unified school district building or other structure.Public constructionproject does not include the process of designing, constructing, alteringor repairing a publichighway, road, bridge, dam, turnpike or related structure.
History: L. 2008, ch. 148, § 10; July 1.