CHAPTER 120
HOUSE BILL No. 2690*
An Act concerning the state board of regents; relating to
scientific research and develop-
ment facilities for educational institutions under the control and
supervision of the state
board of regents.
Be it enacted by the Legislature of the State of Kansas:
Section 1. Sections 1 through 12
and amendments thereto shall be
known and may be cited as the university research and development
en-
hancement act.
Sec. 2. (a) The legislature of the
state of Kansas hereby finds and
declares that:
(1) The performance of scientific
research is essential to promote the
economic development of the state; and
(2) the needs of the citizens of the
state of Kansas and of the state
educational institutions under the control and supervision of the
board of
regents will be best served if the board of regents is granted
specific
authority to assist the state educational institutions in the
provision of
scientific research.
(b) The exercise of the powers authorized
by this act are deemed an
essential governmental function in matters of public necessity for
the
entire state in the provision of scientific research.
Sec. 3. As used in this act, the
following words and phrases have the
following meanings unless a different meaning clearly appears from
the
content:
(a) ``Board of regents'' means the state
board of regents of the state
of Kansas established by K.S.A. 2001 Supp. 74-3202a and
amendments
thereto.
(b) ``Bonds'' means any bonds, notes,
lease certificates of participa-
tion or other evidences of indebtedness, whether or not the
interest on
which is subject to federal income taxation, issued by the Kansas
devel-
opment finance authority on behalf of the board of regents pursuant
to
this act to finance a scientific research and development
facility.
(c) ``Scientific research and development
facility'' means any facility,
including real and personal property, for which the primary purpose
is to
promote scientific research and development and which is under the
con-
trol of a state educational institution.
(d) ``State'' means the state of
Kansas.
(e) ``State educational institution''
means any Fort Hays state univer-
sity, Emporia state university, Pittsburg state university, Kansas
state uni-
versity of agriculture and applied science, university of Kansas,
university
of Kansas medical center and Wichita state university.
(f) ``This act'' means the university
research and development en-
hancement act.
Sec. 4. The board of regents shall
have all the powers necessary to
carry out the purposes and provisions of this act, including,
without lim-
itation, the following powers:
(a) To make and execute contracts,
guarantees or any other instru-
ments and agreements necessary or convenient for the exercise of
its
powers and functions under authority of this act including, without
lim-
itation, the power to make and execute contracts with respect to
the
operation and management of scientific research and development
facil-
ities;
(b) to borrow money from the Kansas
development finance authority
to finance the costs of acquiring, constructing and equipping
scientific
research and development facilities and to pledge any or all
revenues
derived from any scientific research and development facilities to
the
repayment of such borrowed money, including moneys credited to
the
sponsored research overhead funds and other special revenue funds
of
the state educational institutions having jurisdiction over such
scientific
research and development facilities;
(c) to purchase, lease, trade, exchange
or otherwise acquire, maintain,
hold, improve, mortgage, sell, lease, and dispose of scientific
research and
development facilities and any interest therein and to maintain,
hold,
improve, mortgage, lease and otherwise transfer such scientific
research
and development facilities;
(d) to contract for and to accept any
gifts, grants and loans of funds,
property, or any other aid in any form from the federal government,
the
state, any state agency, or any other source, or any combination
thereof,
and to comply with the provisions of the terms and conditions
thereof;
(e) to acquire space, equipment,
services, supplies and insurance nec-
essary to carry out the purposes of this act, except that
scientific research
and development facilities shall be included under insurance
coverage
acquired for state buildings and facilities;
(f) do any and all things necessary or
convenient to exercise the pow-
ers authorized by this act; and
(g) to participate in joint ventures with
individuals, corporations, gov-
ernmental bodies or agencies, partnerships, associations, insurers
or other
entities to facilitate any activities or programs consistent with
the public
purpose and intent of this act.
Sec. 5. The board of regents is
hereby authorized and shall form one
subsidiary corporation under K.S.A. 17-6001 et seq., and
amendments
thereto, in accordance with the procedures therein contained, to
perform
or to assist the board of regents in the performance of powers,
duties and
functions under this act. The subsidiary corporation shall be
subject to
the same restrictions and limitations as to the powers and purposes
under
this act to which the board of regents is subject. The board of
regents
may delegate any of its powers, obligations and duties under this
act to
the subsidiary corporation by inclusion of such powers, obligations
and
duties in the articles of incorporation of the subsidiary
corporation. The
subsidiary corporation so formed shall constitute a legal entity
separate
and distinct from the board of regents and the state. The board of
regents
shall not be liable for the debts or obligations or for any actions
or inac-
tions of its subsidiary corporation unless the board of regents
expressly
agrees otherwise in writing. The board of directors of the
subsidiary cor-
poration shall be composed of seven voting members and one
nonvoting
member. The seven voting members shall be appointed as follows:
(1)
One voting member shall be appointed by the speaker of the house
of
representatives, (2) one voting member shall be appointed by the
minority
leader of the house of representatives, (3) one voting member shall
be
appointed by the president of the senate, (4) one voting member
shall be
appointed by the minority leader of the senate, and (5) three
voting mem-
bers shall be appointed by the board of regents. Each voting member
of
the board of directors shall serve at the pleasure of the officer
or board
making the appointment. The voting members appointed by the
speaker
of the house of representatives, the minority leader of the house
of rep-
resentatives, the president of the senate and minority leader of
the senate
may be, but are not required to be, members of the legislature. Of
the
three voting members appointed by the board of regents, not more
than
two may be members of the board of regents. Any vacancy occurring
in
the board of directors shall be filled in the same manner as the
original
appointment. The secretary of administration, or the secretary's
designee
who shall serve at the pleasure of the secretary of administration,
shall
serve as the nonvoting member of the board of directors. All
members
of the board of directors shall serve without compensation. Each
member
of the board of directors shall be appointed on or before 60 days
following
the effective date of this act. After all members have been
appointed, the
executive director of the state board of regents shall call the
first organ-
izational meeting of the board of directors. The executive director
of the
state board of regents shall serve as the temporary, nonvoting
chairperson
at the first organizational meeting until a chairperson is elected
as pro-
vided by this section. The members of the board of directors shall
organ-
ize by electing from its membership a chairperson and a
vice-chairperson.
The vice-chairperson shall exercise all of the powers of the
chairperson
in the absence of the chairperson. Any vacancy occurring in the
chair-
person or vice-chairperson positions shall be filled in the same
manner
as the original election. The state, any municipality or any state
commis-
sion, public authority, agency, officer, department, board or
division au-
thorized and empowered to enter into agreements with, to grant,
convey,
lease or otherwise transfer any property to, or to otherwise
transact busi-
ness with the board of regents, shall have the same authorization
and
power to engage in these activities with the subsidiary corporation
of the
board of regents. The subsidiary corporation formed pursuant to
this sec-
tion shall be dissolved by the board of regents after completion
and official
acceptance by the board of regents of all of the capital
improvement
projects initiated for research and development facilities for
state edu-
cational institutions under this act or at such earlier time as may
be pre-
scribed or determined in accordance with the provisions of the
articles
of incorporation of the subsidiary corporation.
Sec. 6. (a) The board of regents is
authorized to acquire, construct
and equip scientific research and development facilities on
state-owned
property of the board of regents or any state educational
institution for
purposes of scientific research from any moneys of the board of
regents
available therefor, except that no such scientific research and
develop-
ment facilities shall be acquired, constructed or equipped and no
moneys
shall be expended therefor unless the board of regents has first
advised
and consulted with the joint committee on state building
construction
regarding the proposed scientific research and development
facilities and
on each capital improvement project proposed therefor. The
scientific
research and development facilities shall become the property of
the state
upon completion and acceptance by the board of regents.
(b) The board of regents is authorized to
initiate and complete capital
improvement projects to repair, remodel or renovate state buildings
and
facilities of the state educational institutions for use as
scientific research
and development facilities from any moneys of the board of regents,
ex-
cept that no such capital improvement project for such repair,
remodeling
or renovation shall be initiated unless the board of regents has
first ad-
vised and consulted with the joint committee on state building
construc-
tion regarding the proposed scientific research and development
facilities
and each capital improvement project proposed therefor.
Sec. 7. (a) (1) The
Kansas development finance authority is hereby
authorized to issue from time to time bonds on behalf of the board
of
regents in such principal amounts as the Kansas development
finance
authority and the board of regents determine to be necessary to
provide
sufficient funds to finance scientific research and development
facilities,
including, but not limited to, the payment of interest on such
bonds, the
establishment of reserves to secure such bonds, costs of issuance,
re-
funding any outstanding bonds, and all other expenditures of the
board
of regents incident to and necessary or convenient to carry out the
powers
and functions authorized by this act. The Kansas development
finance
authority shall not issue any bond or bonds on behalf of the
corporation
formed by the board of regents under this act. The Kansas
development
finance authority shall not issue bonds under this act for more
than
$120,000,000, in the aggregate, plus all amounts required for costs
of any
bond issuance, costs of interest on any bond issued or obtained for
such
scientific research and development facilities and any required
reserves
for payment of principal and interest on any such bond.
(2) Except as may otherwise be expressly
provided by the board of
regents, every obligation of the board of regents with respect to
such
bonds shall be an obligation of the board of regents payable out of
any
revenues or moneys of the board of regents derived from annual
appro-
priations of the legislature. Subject only to any agreements with
holders
of particular bonds pledging any particular revenues, the board of
regents
shall use moneys derived from scientific research and development
facil-
ities to provide funds sufficient to pay principal and interest on
any bonds
issued pursuant to this act commencing after the date a project is
com-
pleted and has been accepted by the board of regents. Subject to
the
provisions of appropriation acts, payment of principal and interest
on the
bonds shall be made by the state board of regents from annual
appro-
priations by the legislature from such revenues as are furnished by
the
board of regents, or from any other available funds, in amounts
sufficient
to pay principal and interest on the bonds until the bonds are
finally paid.
(3) Upon acceptance by the board of
regents of each project initiated
and completed under this act and upon a determination by the board
of
regents that the period for repayment of debt for such project is
to com-
mence, the board of regents shall certify to the director of
accounts and
reports that principal and interest payments for such project are
to com-
mence and the dates and amounts of all principal and interest
payments
for such project. Pursuant to each such certification and
commencing on
or after July 1, 2004, the director of accounts and reports shall
transfer,
from the state general fund to the debt service fund or funds at a
state
educational institution as specified in the certification for such
project,
the amount certified on or before the respective payment date
therefor.
Transfers shall be made under this section pursuant to any such
certifi-
cation on or after July 1, 2004. The aggregate of all such
transfers from
the state general fund during any fiscal year shall not exceed
$10,000,000
and the aggregate of all such transfers from the state general fund
under
this section shall not exceed $50,000,000. The Kansas development
fi-
nance authority and the board of regents shall enter into contracts
with
respect to the scientific research and development facilities
financed un-
der this act prescribing the obligation of the board of regents and
the
state educational institutions to provide for repayment of amounts
of bond
debt service in addition to those amounts provided for by transfers
under
this section from the state general fund.
(b) (1) The bonds shall be
authorized by a resolution adopted by the
board of directors of the Kansas development finance authority.
(2) Except as otherwise provided in this
act, bonds issued by the
Kansas development finance authority under authority of this act
shall be
subject to the provisions of K.S.A. 74-8901 et seq., and
amendments
thereto.
(c) Any resolution authorizing the board
of regents to incur any ob-
ligation with respect to bonds issued by the Kansas development
finance
authority may contain such provisions as deemed appropriate by
the
board of regents for the purpose of carrying out the purposes of
this act
and securing such bonds, which shall be a part of the contract with
the
holders thereof, including, but not limited to, provisions:
(1) Pledging all or any part of the
revenues of the board of regents
derived from scientific research and development facilities to
secure the
payment of the bonds or of any issue thereof, subject to such
agreements
with bondholders as may then exist;
(2) the setting aside of reserves or
sinking funds and the regulation
and disposition thereof;
(3) limitations on the issuance of
additional bonds or other obliga-
tions, the terms upon which additional bonds or obligations may be
issued
and secured, and the refunding of outstanding or other bonds;
(4) defining the acts or omissions to act
which shall constitute a de-
fault in the obligations and duties of the board of regents to the
Kansas
development finance authority, the applicable bond trustee or the
holders
of the bonds, except that such rights and remedies shall not be
inconsis-
tent with the general laws of this state and the other provisions
of this
act; and
(5) any other matters, of like or
different character, which in any way
affect the security or protection of the holders of the notes or
bonds.
(d) Any of the provisions relating to any
bonds described in this sec-
tion may be set forth in a trust indenture, loan agreement, lease
agree-
ment or other financing document authorized by a resolution of the
board
of regents or the board of directors of the Kansas development
finance
authority.
(e) The bonds of each issue may, in the
discretion of the board of
directors of the Kansas development finance authority, be made
redeem-
able before maturity at such prices and under such terms and
conditions
as may be determined by the board of directors of the Kansas
develop-
ment finance authority. Bonds issued on behalf of the board of
regents
shall mature at such time, not exceeding 30 years from their date
of issue,
as may be determined by the board of regents and the board of
directors
of the Kansas development finance authority. The bonds may be
issued
as serial bonds payable in annual installments or as term bonds or
as a
combination thereof. The bonds shall bear interest at such rate
either
fixed or variable, be in such denominations, be in such form,
either cou-
pon or registered, carry such registration privileges, be executed
in such
manner, be payable in such medium of payment and at such place,
and
be subject to such terms of redemption as provided in the
resolution of
trust indenture. The bonds may be sold by the Kansas development
fi-
nance authority, at public or private sale, at such price as the
board of
directors of the Kansas development finance authority shall
determine.
(f) In case any officer of the Kansas
development finance authority
whose signature or a facsimile of whose signature appears on any
bonds
or coupons attached thereto ceases to be such officer before the
delivery
thereof, such signature or such facsimile shall nevertheless be
valid and
sufficient for all purposes the same as if such officer had
remained in
office until such delivery.
(g) Any bonds issued by the Kansas
development finance authority
pursuant to this section, and the income therefrom (including any
profit
from the sale thereof) shall at all times be free from taxation by
the state
or any agency, political subdivision or instrumentality of the
state, includ-
ing income, inheritance and property taxes.
(h) Any holder of bonds issued under the
provisions of this act, or
any coupons appertaining thereto and the trustee under any trust
agree-
ment or resolution authorizing the issuance of such bonds, except
the
rights under this act may be restricted by such trust agreement or
reso-
lution, may, either at law or in equity by suit, action, mandamus
or other
proceeding, protect and enforce any and all rights under the laws
of the
state or granted under this act or under such agreement or
resolution, or
under any other contract executed by the board of regents pursuant
to
this act, and may enforce and compel the performance of all duties
re-
quired by this act or by such trust agreement or resolution to be
per-
formed by the board of regents or by an officer thereof.
(i) the bonds shall be special, limited
obligations of the Kansas de-
velopment finance authority and the state shall not be liable for
bonds
issued by the Kansas development finance authority on behalf of
the
board of regents, and such bonds shall not constitute a debt of the
state.
(j) Neither the board of regents, the
board of the Kansas develop-
ment finance authority nor any authorized employee of the board of
re-
gents or the Kansas development finance authority shall be
personally
liable for such bonds by reason of the issuance thereof.
(k) Nothing in this act shall be
construed as a restriction or limitation
upon any other powers which the board of regents might otherwise
have
under any other law of this state, and this act is cumulative to
any such
powers. This act does and shall be construed to provide a complete,
ad-
ditional and alternative method for the doing of the things
authorized
thereby and shall be regarded as supplemental and additional to
powers
conferred by other laws. The issuance of bonds under the provisions
of
this act need not comply with the requirements of any other state
law
applicable to the issuance of bonds. No proceedings, notice or
approval
shall be required for the issuance of any bonds or any instrument
as
security therefor, except as is provided in this act.
(l) Any of the provisions relating to
bonds described in this section
may be included in any contracts between the board of regents and
the
Kansas development finance authority relating to obligations of the
Kan-
sas development finance authority issued on behalf of the board of
re-
gents.
Sec. 8. Purchases by the board of
regents relating to scientific re-
search and development facilities shall not be subject to sales tax
under
K.S.A. 79-3601 et seq., and amendments thereto, or use tax under
K.S.A.
79-3701 et seq., and amendments thereto.
Sec. 9. This act shall be liberally
construed. Except as otherwise ex-
pressly provided, nothing contained in this act is or shall be
construed as
a restriction or limitation upon any powers which the board of
regents or
the Kansas development finance authority might otherwise have
under
other law of this state, and the provisions of this act are
cumulative to
such powers. The provisions of this act do and shall be construed
to
provide a complete, additional and alternative method for the doing
of
the things authorized and shall be regarded as supplemental and
addi-
tional to any other laws. Insofar as the provisions of this act are
inconsis-
tent with the provisions of any other law, general, specific or
local, the
provisions of this act shall be controlling.
Sec. 10. (a) As used in this
section, unless the context expressly pro-
vides otherwise:
(1) ``Ancillary technical services''
include, but shall not be limited to,
geology services and other soil or subsurface investigation and
testing
services, surveying, adjusting and balancing of air conditioning,
ventilat-
ing, heating and other mechanical building systems, testing and
consultant
services that are determined by the board of regents to be required
for
a project;
(2) ``architectural services'' means
those services described by sub-
section (e) of K.S.A. 74-7003, and amendments thereto;
(3) ``construction services'' means the
work performed by a construc-
tion contractor to commence and complete a project;
(4) ``construction management at-risk
services'' means the services
provided by a firm which has entered into a contract with the board
of
regents to be the construction manager at risk for the value and
schedule
of the contract for a project, which is to hold the trade contracts
and
execute the work for a project in a manner similar to a general
contractor
and which is required to solicit competitive bids for the trade
packages
developed for a project and to enter into the trade contracts for a
project
with the lowest responsible bidder therefor, and may include, but
are not
limited to, such services as scheduling, value analysis, systems
analysis,
constructability reviews, progress document reviews, subcontractor
in-
volvement and prequalification, subcontractor bonding policy,
budgeting
and price guarantees, and construction coordination;
(5) ``division of facilities management''
means the division of facilities
management of the department of administration;
(6) ``engineering services'' means those
services described by subsec-
tion (i) of K.S.A. 74-7003, and amendments thereto;
(7) ``firm'' means (A) with respect to
architectural services, an indi-
vidual, firm, partnership, corporation, association or other legal
entity
which is: (i) permitted by law to practice the profession of
architecture;
and (ii) maintaining an office in Kansas staffed by one or more
architects
who are licensed by the board of technical professions; or (iii)
not main-
taining an office in Kansas, but which is qualified to perform
special ar-
chitectural services that are required in special cases where in
the judg-
ment of the board of regents it is necessary to go outside the
state to
obtain such services; (B) with respect to engineering services or
land
surveying, an individual, firm, partnership, corporation,
association or
other legal entity permitted by law to practice the profession of
engi-
neering and provide engineering services or practice the profession
of
land surveying and provide land surveying services, respectively;
(C) with
respect to construction management at-risk services, a qualified
individ-
ual, firm, partnership, corporation, association or other legal
entity per-
mitted by law to perform construction management at-risk services;
(D)
with respect to ancillary technical services or other services that
are de-
termined by the board of regents to be required for a project, a
qualified
individual, firm, partnership, corporation, association or other
legal entity
permitted by law to practice the required profession or perform the
other
required services, as determined by the board of regents; and (E)
with
respect to construction services, a qualified individual, firm,
partnership,
corporation, association, or other legal entity permitted by law to
perform
construction services for a project;
(8) ``land surveying'' means those
services described in subsection (j)
of K.S.A. 74-7003, and amendments thereto;
(9) ``negotiating committee'' means the
board of directors of the sub-
sidiary corporation formed under section 5, and amendments
thereto;
(10) ``project'' means (A) the project
for the KSU food safety and
security research facility, (B) the project for the KUMC biomedical
re-
search facility, (C) the project for the WSU engineering complex
expan-
sion and research laboratory, or (D) the project for the
acquisition and
installation of equipment for the KU biosciences research building,
which
are funded from the proceeds of the bonds authorized to be issued
under
section 7, and amendments thereto, within the limitation of
$120,000,000,
in the aggregate, plus all amounts required for costs of any bond
issuance,
costs of interest on any bond issued or obtained for such
scientific re-
search and development facilities and any required reserves for
payment
of principal and interest on any such bond, and from any moneys
received
as gifts, grants or otherwise from any public or private nonstate
source;
(11) ``project services'' means
architectural services, engineering
services, land surveying, construction management at-risk services,
con-
struction services, ancillary technical services or other
construction-re-
lated services determined by the board of regents to be required
for a
project; and
(12) ``state building advisory
commission'' means the state building
advisory commission created by K.S.A. 75-3780, and amendments
thereto.
(b) The board of regents, when acting
under authority of this act, and
each project authorized by the board of regents under this act are
exempt
from the provisions of K.S.A. 75-1269, 75-3738 through 75-3741b,
75-
3742 through 75-3744, and 75-3783, and amendments thereto, except
as
otherwise specifically provided by this act.
(c) Notwithstanding the provisions of
K.S.A. 75-3738 through 75-
3744, and amendments thereto, or the provisions of any other
statute to
the contrary, all contracts for any supplies, materials or
equipment for a
project authorized by the board of regents under this act, shall be
entered
into in accordance with procurement procedures determined by
the
board of regents, subject to the provisions of this section, except
that, in
the discretion of the board of regents, any such contract may be
entered
into in the manner provided in and subject to the provisions of any
such
statute otherwise applicable thereto. Notwithstanding the
provisions of
K.S.A. 75-3738 through 75-3744, and amendments thereto, if the
board
of regents does not obtain construction management at-risk services
for
a project, the construction services for such project shall be
obtained
pursuant to competitive bids and all contracts for construction
services
for such project shall be awarded to the lowest responsible bidder
in
accordance with procurement procedures determined and
administered
by the board of regents which shall be consistent with the
provisions of
K.S.A. 75-3738 through 75-3744, and amendments thereto.
(d) When it is necessary in the judgment
of the board of regents to
obtain project services for a particular project by conducting
negotiations
therefor, the board of regents shall publish a notice of the
commence-
ment of negotiations for the required project services at least 15
days
prior to the commencement of such negotiations in the Kansas
register
in accordance with K.S.A. 75-430a, and amendments thereto, and in
such
other appropriate manner as may be determined by the board of
regents.
(e) (1) Notwithstanding the
provisions of subsection (b) of K.S.A. 75-
1251, and amendments thereto, or the provisions of any other
statute to
the contrary, as used in K.S.A. 75-1250 through 75-1270, and
amend-
ments thereto, with respect to the procurement of architectural
services
for a project authorized by the board of regents under this act,
``negoti-
ating committee'' shall mean the board of directors of the
subsidiary cor-
poration formed under section 5, and amendments thereto, and
such
board of directors shall negotiate a contract with a firm to
provide any
required architectural services for the project in accordance with
the pro-
visions of K.S.A. 75-1250 through 75-1270, and amendments
thereto,
except that no limitation on the fees for architectural services
for the
project shall apply to the fees negotiated by the board of
directors for
such architectural services.
(2) Notwithstanding the provisions of
subsection (e) of K.S.A. 75-
5802, and amendments thereto, or the provisions of any other
statute to
the contrary, as used in K.S.A. 75-5801 through 75-5807, and
amend-
ments thereto, with respect to the procurement of engineering
services
or land surveying services for a project authorized by the board of
regents
under this act, ``negotiating committee'' shall mean the board of
directors
of the subsidiary corporation formed under section 5, and
amendments
thereto, and such board of directors shall negotiate a contract
with a firm
to provide any required engineering services or land surveying
services
for the project in accordance with the provisions of K.S.A.
75-5801
through 75-5807, and amendments thereto.
(3) In any case of a conflict between the
provisions of this section and
the provisions of K.S.A. 75-1250 through 75-1270, or 75-5801
through
75-5807, and amendments thereto, with respect to a project
authorized
by the board of regents under this act, the provisions of this
section shall
govern.
(f) (1) For the procurement of
construction management at-risk
services for projects under this act, the secretary of
administration shall
encourage firms engaged in the performance of construction
manage-
ment at-risk services to submit annually to the secretary of
administration
and to the state building advisory commission a statement of
qualifications
and performance data. Each statement shall include data relating to
(A)
the firm's capacity and experience, including experience on similar
or
related projects, (B) the capabilities and other qualifications of
the firm's
personnel, and (C) performance data of all consultants the firm
proposes
to use.
(2) Whenever the board of regents
determines that a construction
manager at risk is required for a project under this act, the board
of
regents shall notify the state building advisory commission and the
state
building advisory commission shall prepare a list of at least three
and not
more than five firms which are, in the opinion of the state
building ad-
visory commission, qualified to serve as construction manager at
risk for
the project. Such list shall be submitted to the negotiating
committee,
without any recommendation of preference or other
recommendation.
The negotiating committee shall have access to statements of
qualifica-
tions of and performance data on the firms listed by the state
building
advisory commission and all information and evaluations regarding
such
firms gathered and developed by the secretary of administration
under
K.S.A. 75-3783, and amendments thereto.
(3) The negotiating committee shall
conduct discussions with each of
the firms so listed regarding the project. The negotiating
committee shall
determine which construction management at-risk services are
desired
and then shall proceed to negotiate with and attempt to enter into
a
contract with the firm considered to be most qualified to serve as
con-
struction manager at risk for the project. The negotiating
committee shall
proceed in accordance with the same process with which negotiations
are
undertaken to contract with a firm to be a project architect under
K.S.A.
75-1257, and amendments thereto, to the extent that such provisions
can
be made to apply. Should the negotiating committee be unable to
ne-
gotiate a satisfactory contract with the firm considered to be most
qual-
ified, negotiations with that firm shall be terminated and shall
undertake
negotiations with the second most qualified firm, and so forth, in
accord-
ance with that statute.
(4) The contract to perform construction
management at-risk services
for a project shall be prepared by the division of facilities
management
and entered into by the board of regents with the firm contracting
to
perform such construction management at-risk services.
(g) (1) To assist in the
procurement of construction services for pro-
jects under this act, the secretary of administration shall
encourage firms
engaged in the performance of construction services to submit
annually
to the secretary of administration and to the state building
advisory com-
mission a statement of qualifications and performance data. Each
state-
ment shall include data relating to (A) the firm's capacity and
experience,
including experience on similar or related projects, (B) the
capabilities
and other qualifications of the firm's personnel, (C) performance
data of
all subcontractors the firm proposes to use, and (D) such other
infor-
mation related to the qualifications and capability of the firm to
perform
construction services for projects as may be prescribed by the
secretary
of administration.
(2) The construction manager at risk
shall publish a construction serv-
ices bid notice in the Kansas register and in such other
appropriate man-
ner as may be determined by the board of regents. Each
construction
services bid notice shall include the request for bids and other
bidding
information prepared by the construction manager at risk and the
state
board of regents with the assistance of the division of facilities
manage-
ment. The current statements of qualifications of and performance
data
on the firms submitting bid proposals shall be made available to
the con-
struction manager at risk and the board of regents by the state
building
advisory commission along with all information and evaluations
developed
regarding such firms by the secretary of administration under
K.S.A. 75-
3783, and amendments thereto. Each firm submitting a bid proposal
shall
be bonded in accordance with K.S.A. 60-1111, and amendments
thereto,
and shall present evidence of such bond to the construction manager
at
risk prior to submitting a bid proposal. If a firm submitting a bid
proposal
fails to present such evidence, such firm shall be deemed
unqualified for
selection under this subsection. At the time for opening the bids,
the
construction manager at risk shall evaluate the bids and shall
determine
the lowest responsible bidder. The construction manager at risk
shall
enter into contracts with each firm performing the construction
services
for the project and make a public announcement of each firm
selected
in accordance with this subsection.
(h) The division of facilities management
shall provide such infor-
mation and assistance as may be requested by the board of regents
or the
negotiating committee for a project, including all or part of any
project
services as requested by the board of regents, and (1) shall
prepare the
request for proposals and publication information for each
publication of
notice under this section, subject to the provisions of this
section, (2) shall
prepare each contract for project services for a project, including
each
contract for construction services for a project, (3) shall conduct
design
development reviews for each project, (4) shall review and approve
all
construction documents for a project prior to soliciting bids or
otherwise
soliciting proposals from construction contractors or construction
service
providers for a project, (5) shall obtain and maintain copies of
construc-
tion documents for each project, and (6) shall conduct periodic
inspec-
tions of each project, including jointly conducting the final
inspection of
each project.
(i) Notwithstanding the provisions of any
other statute, the board of
regents shall enter into one or more contracts with the division of
facilities
management for each project for the services performed by the
division
of facilities management for the project as required by this
section or at
the request of the board of regents. The division of facilities
management
shall receive fees from the board of regents to recover the costs
incurred
to provide such services pursuant to such contracts.
(j) Design development reviews and
construction document reviews
conducted by the division of facilities management shall be limited
to
ensuring only that the construction documents do not change the
project
description and that the construction documents comply with the
stan-
dards established under K.S.A. 75-3783, and amendments thereto, by
the
secretary of administration for the planning, design and
construction of
buildings and major repairs and improvements to buildings for state
agen-
cies, including applicable building and life safety codes and
appropriate
and practical energy conservation and efficiency standards.
(k) Each project for a state educational
institution shall receive a final
joint inspection by the division of facilities management and the
board of
regents. Each such project shall be officially accepted by the
board of
regents before such project is occupied or utilized by the state
educational
institution, unless otherwise agreed to in writing by the
contractor and
the board of regents as to the satisfactory completion of the work
on part
of the project that is to be occupied and utilized, including any
corrections
of the work thereon.
(l) (1) The board of regents shall
issue monthly reports of progress
on each project and shall advise and consult with the joint
committee on
state building construction regarding each project. Change orders
and
changes of plans for a project shall be authorized or approved by
the
board of regents.
(2) No change order or change of plans
for a project involving either
cost increases of $75,000 or more or involving a change in the
proposed
use of a project shall be authorized or approved by the board of
regents
without having first advised and consulted with the joint committee
on
state building construction.
(3) Change orders or changes in plans for
a project involving a cost
increase of less than $75,000 and any change order involving a cost
re-
duction, other than a change in the proposed use of the project,
may be
authorized or approved by the board of regents without prior
consultation
with the joint committee on state building construction. The board
of
regents shall report to the joint committee on state building
construction
all action relating to such change orders or changes in plans.
(4) If the board of regents determines
that it is in the best interest
of the state to authorize or approve a change order, a change in
plans or
a change in the proposed use of any project that the board of
regents is
required to first advise and consult with the joint committee on
state
building construction prior to issuing such approval and if no
meeting of
the joint committee is scheduled to take place within the next 10
business
days, then the board of regents may use the procedure authorized
by
subsection (d) of K.S.A. 75-1264, and amendments thereto, in lieu
of
advising and consulting with the joint committee at a meeting. In
any
such case, the board of regents shall mail a summary description of
the
proposed change order, change in plans or change in the proposed
use
of any project to each member of the joint committee on state
building
construction and to the director of the legislative research
department.
If the board of regents provides notice and information to the
members
of the joint committee and to such director in the manner required
and
subject to the same provisions and conditions that apply to the
secretary
of administration under such statute, and if less than two members
of the
joint committee contact the director of the legislative research
depart-
ment within seven business days of the date the summary description
was
mailed and request a presentation and review of any such
proposed
change order, change in plans or change in use at a meeting of the
joint
committee, then the board of regents shall be deemed to have
advised
and consulted with the joint committee about such proposed change
or-
der, change in plans or change in proposed use and may authorize
or
approve such proposed change order, change in plans or change in
pro-
posed use.
(m) The provisions of this section shall
apply to each project author-
ized by the board of regents under this act and shall not apply to
any
other capital improvement project of the board of regents or of any
state
educational institution that is specifically authorized by any
other statute.
Sec. 11. (a) Each contract entered
into by a state agency for any
nonfederal aid, public works project for a scientific research and
devel-
opment facility under the university research and development
enhance-
ment act shall be based on bid or contract specifications
prescribing and
requiring that employees of any contractor or subcontractor shall
be paid
not less than the hourly wages, including fringe benefits, paid to
corre-
sponding classes of laborers and mechanics employed on similar
projects
in the county where the project is to be performed. Such minimum
wage
shall be the wage paid to the majority of the laborers or
mechanics, unless
the same wages are not paid to a majority, in which case the
minimum
wage shall be the average wages paid, weighted by the total
employed in
the classification. In the alternative, the minimum wage shall be
that
determined under federal law which would be required to be paid
on
federally-funded projects at the location of the public works
project.
(b) Employees employed by contractors or
subcontractors in the ex-
ecution of any nonfederal aid, public works project contract
subject to
this section with any state agency shall be paid not less than the
wages as
determined pursuant to subsection (a).
(c) As used in this section, ``state
agency'' means the board of regents,
the subsidiary corporation of the board of regents formed pursuant
to
section 5, and amendments thereto, any firm performing
construction
management at-risk services under section 10, and amendments
thereto,
or any state educational institution.
(d) The provisions of this section shall
apply only to contracts for the
following projects under the university research and development
en-
hancement act: (1) The project for the KUMC bio-medical research
fa-
cility, and (2) the project for the WSU engineering complex
expansion
and research laboratory.
Sec. 12. If any provision of this
act or any application thereof is held
invalid, the invalidity shall not affect other provisions or
applications of
the act which can be given effect without the invalid provision or
appli-
cation, and to this end the provisions of this act are
severable.
Sec. 13. The state board of regents
is hereby authorized to initiate
and complete capital improvement projects for the acquisition and
in-
stallation of laboratories and equipment for icing and wind
tunnels, crash
testing and advanced manufacturing, including associated
construction,
remodeling or renovation, and such capital improvement projects
are
hereby approved for the National Institute for Aviation Research
for the
purposes of subsection (b) of K.S.A. 74-8905, and amendments
thereto,
and the authorization of the issuance of bonds by the Kansas
development
finance authority in accordance with that statute. In accordance
with the
provisions of appropriation acts, the board of regents is hereby
authorized
to make expenditures from the aviation research facility fund which
is
hereby established in the state treasury for the acquisition,
construction,
installation and equipment of the capital improvement projects
author-
ized by this section. In accordance with the provisions of
appropriation
acts, the board of regents may make expenditures from the aviation
re-
search facility fund for the payment of debt service on any revenue
bonds
issued to finance such project. The aggregate amount of all such
revenue
bonds issued for such capital improvement project shall not
exceed
$13,000,000, plus all amounts required for costs of bond issuance,
costs
of interest on any bonds issued for such capital improvement
project
during the period of acquisition, installation and construction,
remodeling
or renovation for such project and any required reserve for the
payment
of principal and interest on the bonds. All moneys received from
the
issuance of any such bonds shall be deposited and accounted for as
pre-
scribed by applicable bond covenants. Debt service for any such
bonds
for such capital improvement project shall be financed by
appropriations
from the state general fund or any appropriate special revenue fund
or
funds, and shall be in addition to any other amounts authorized
within
this act.
Sec. 14. This act shall take effect and be in
force from and after its
publication in the Kansas register.
Approved May 16, 2002.
Published in the Kansas Register May 23, 2002.
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