Session of 1999
         
HOUSE BILL No. 2256
         
By Representative Adkins
          
2-4
          
  9             AN  ACT concerning state building construction; relating to state edu-
10             cational institutions; concerning review of project construction docu-
11             ments; amending K.S.A. 75-1259 and 75-3741 and repealing the ex-
12             isting sections.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 75-1259 is hereby amended to read as follows: 75-
16       1259. (a) The project architect employed by the secretary of administra-
17       tion to prepare the construction documents shall submit all construction
18       documents to the secretary of administration and the state agency for
19       which the project is being constructed unless the construction documents
20       are to be reviewed and approved as provided in subsection (e). Except as
21       provided in subsection (e), all construction documents prepared by the
22       project architect shall be approved by the secretary of administration and
23       the state agency prior to submitting the same to the director of purchases
24       to solicit bids thereon.
25             (b) The review of the construction documents by the secretary of
26       administration and the state agency under this section shall be limited to
27       ensuring only that such documents do not change the project description
28       approved under K.S.A. 75-1255, and amendments thereto, and that the
29       same comply with the standards established under K.S.A. 75-3783, and
30       amendments thereto, by the secretary of administration with the advice
31       of the state building advisory commission for the planning, design and
32       construction of buildings and major repairs and improvements to build-
33       ings for state agencies.
34             (c) If the construction documents are prepared by the secretary of
35       administration, the same shall be submitted to and approved by the state
36       agency prior to submission to the director of purchases. If the construc-
37       tion documents are prepared by an agency architect as provided in K.S.A.
38       75-1254, and amendments thereto, the same shall be submitted to, re-
39       viewed and approved by the secretary of administration under this section
40       prior to submission to the director of purchases, except as provided in
41       subsection (e).
42             (d) The construction documents for a capital improvement project
43       for the construction of a building or for major repairs or improvements

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  1       to a building for the use or benefit of a state agency, shall prescribe
  2       standards for energy conservation which provide the highest level of en-
  3       ergy conservation and efficiency that is practical for the project, as de-
  4       termined by the secretary of administration. The standards for energy
  5       conservation determined practical for the project by the secretary of ad-
  6       ministration shall be included as program and base bid requirements for
  7       the project and not as alternates.
  8             (e) In lieu of approval of construction documents for state educational
  9       institutions, as defined in K.S.A. 76-711, and amendments thereto, by the
10       secretary of administration, construction documents prepared for capital
11       improvement projects for construction of a building or for major repairs
12       or improvements to a building for the use and benefit of a state educational
13       institution may be approved and issued under seal of an architect licensed
14       to practice in the state of Kansas who is: (1) Employed by a state edu-
15       cational institution or the state board of regents; or (2) performing ar-
16       chitectural services under contract for such services. Prior to approving
17       such construction documents, such architect shall review and inspect such
18       construction documents to assure compliance with applicable state build-
19       ing construction standards and procedures as prescribed by the secretary
20       of administration, pursuant to this section or K.S.A. 75-3783, and amend-
21       ments thereto.
22             Sec.  2. K.S.A. 75-3741 is hereby amended to read as follows: 75-
23       3741. (a) Subject to the applicable provisions of K.S.A. 75-3739 and 75-
24       3740, and amendments thereto, all contracts for the construction of build-
25       ings or for major repairs or improvements to buildings which are
26       specifically authorized by the legislature for the use and benefit of any
27       state agency shall be let by the director of purchases to the lowest re-
28       sponsible bidder based on plans and specifications prepared for the pro-
29       ject and approved by the secretary of administration or an architect pur-
30       suant to subsection (e) of K.S.A. 75-1259, and amendments thereto, and
31       approved by the administrative head of the state agency concerned.
32             (b)  (1) Prior to the preparation of contract documents for a project
33       for the construction of a building or for major repairs or improvements
34       to a building under this section, it shall be determined in accordance with
35       this paragraph (1) of subsection (b) if plans and specifications will be
36       prepared and bids let for the project as a whole or if plans and specifi-
37       cations will be prepared and bids let independently for: (A) Electrical
38       work portions of the project; (B) mechanical work portions of the project;
39       and (C) all other work required for completion of the project. If the total
40       cost of the project is expected to exceed $250,000, the secretary of ad-
41       ministration, with the advice of the project architect and the negotiating
42       committee convened for the project under K.S.A. 75-1253, and amend-
43       ments thereto, shall determine if plans and specifications will be prepared

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  1       and bids let for the project as a whole or for each of the three specified
  2       portions of the project independently. If the total cost of the project is
  3       not expected to exceed $250,000 but a project architect will provide the
  4       architectural services for the project, the secretary of administration, with
  5       the advice of the project architect, shall determine if plans and specifi-
  6       cations will be prepared and bids let for the project as a whole or for each
  7       of the three specified portions of the project independently. Whenever
  8       the architectural services for any project are provided by the state under
  9       K.S.A. 75-1254, and amendments thereto, the secretary of administration
10       shall determine if plans and specifications will be prepared and bids let
11       for the project as a whole or for each of the three specified portions of
12       the project independently.
13             (2) Upon any project for which plans and specifications will be pre-
14       pared and bids let for the project as a whole the general contractor shall
15       submit with the bid the names and addresses of subcontractors in ac-
16       cordance with this paragraph (2) of subsection (b). The general contractor
17       shall submit the name and address of the electrical subcontractor for the
18       electrical work portions of the project and the name and address of the
19       mechanical subcontractor for the mechanical work portions of the project,
20       if the general contractor will be subcontracting for such work. If there
21       are project alternates listed in the bid documents and the general con-
22       tractor's choice of subcontractors is dependent upon the combination of
23       project alternates the state chooses, the general contractor shall submit
24       for each combination of project alternates under which any subcontractor
25       would change from the one named in the base bid, at the time such
26       contractor submits such bid: (A) The name and address of the electrical
27       subcontractor, if the general contractor will be subcontracting for the
28       electrical work portions thereunder; and (B) the name and address of the
29       mechanical subcontractor, if the general contractor will be subcontracting
30       for the mechanical work portions thereunder. All changes and substitu-
31       tions in listed subcontractors shall be subject to approval of the secretary
32       of administration.
33             (3) Upon any project for which plans and specifications will be pre-
34       pared and bids let independently for each of the three specified portions
35       of the work for the project, the contractor for one of the three specified
36       portions of the project shall be designated as the prime contractor for the
37       project in accordance with this paragraph (3) of subsection (b). If the total
38       cost of the project is expected to exceed $250,000, the secretary of ad-
39       ministration, with the advice of the project architect and the negotiating
40       committee convened for the project under K.S.A. 75-1253, and amend-
41       ments thereto, shall designate the prime contractor for the project. If the
42       total cost of the project is not expected to exceed $250,000 but a project
43       architect will provide the architectural services for the project, the sec-

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  1       retary of administration, with the advice of the project architect, will des-
  2       ignate the prime contractor for the project. Whenever the architectural
  3       services for any project are provided by the state under K.S.A. 75-1254,
  4       and amendments thereto, the secretary of administration shall designate
  5       the prime contractor for the project. The prime contractor shall be re-
  6       sponsible for coordinating all work upon the project, and all other con-
  7       tractors and subcontractors shall provide work for the project in accord-
  8       ance with the direction of the prime contractor. In each case where a
  9       contractor or subcontractor for the project delays the work on the project
10       or incorporates materials or work of unsatisfactory quality into the project,
11       the prime contractor shall notify the secretary of administration, the pro-
12       ject architect, the state agency concerned and such contractor or subcon-
13       tractor of such delay or unsatisfactory materials or work.
14             (4) The secretary of administration shall adopt, with the advice of the
15       state building advisory commission, a standard contract for use in con-
16       nection with projects upon which bids are let for the project as a whole
17       and a separate standard contract for each of the portions of a project for
18       which bids are let independently. No such standard contract adopted by
19       the secretary of administration shall contain any provisions authorizing
20       arbitration of any matters thereunder.
21             (5) The secretary of administration may adopt rules and regulations
22       necessary for the implementation and administration of the provisions of
23       this subsection (b).
24             (c) The project architect performing construction administration
25       services as described in K.S.A. 75-1260, and amendments thereto, or, if
26       there is no project architect, the secretary of administration or the agency
27       architect for the project as provided in K.S.A. 75-1254, shall have charge
28       of the construction of all buildings and the major repairs or improvements
29       to buildings for state agencies. The original construction contracts for
30       such projects shall be changed only by written change order signed by
31       the director of architectural services with the approval of the secretary of
32       administration and upon the recommendation of: (1) The project archi-
33       tect or, if there is no project architect, at the direction of the secretary of
34       administration or the agency architect for the project as provided in
35       K.S.A. 75-1254, and amendments thereto; (2) the state agency for which
36       the building construction project has been approved; and (3) the director
37       of accounts and reports. In each case where a change order is competi-
38       tively bid, the change order shall also be signed by the director of
39       purchases.
40             (d) If the director of purchases believes there is collusion and com-
41       bination involved in any bids received for any contract for the construction
42       of a building or for major repairs or improvements to a building for the
43       use and benefit of a state agency, the director of purchases shall reject

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  1       any and all such bids and shall solicit new bids for the contract. If after
  2       receiving new bids the director of purchases believes there is again col-
  3       lusion and combination and that such collusion and combination would
  4       not be avoided by again soliciting new bids, the director of purchases shall
  5       let the contract by direct negotiation, except that: (1) The cost thereof
  6       shall not exceed the lowest responsible bid that had been offered; and (2)
  7       such contract shall not be negotiated or entered into with any bidder
  8       believed by the director of purchases to have been involved to any degree
  9       in such collusion and combination.
10             (e) In the event of a disagreement between the project architect, the
11       secretary of administration or the agency architect for the project as pro-
12       vided in K.S.A. 75-1254, and amendments thereto, and the administrative
13       head of the state agency for which the project is to be completed, as to
14       the administration of the provisions of this section, the secretary of ad-
15       ministration shall submit the matter to the governor and the decision of
16       the governor shall be final.
17             (f) The provisions of this section shall not be construed to prohibit
18       the administrative head of any state agency from making any improve-
19       ment or improvements when the same can be made by institutional labor
20       or the use of material manufactured in any state institution. 
21       Sec.  3. K.S.A. 75-1259 and 75-3741 are hereby repealed.
22        Sec.  4. This act shall take effect and be in force from and after its
23       publication in the statute book.