History: L. 1905, ch. 489, §§ 1, 2; R.S. 1923, 75-1201, 75-1202; Repealed, L. 1965, ch. 461, § 30; July 1.
(b) The director of architectural services shall have appropriate administrative and managerial experience and abilities commensurate with and necessary for the performance of the responsibilities of the office of director of architectural services.
History: L. 1972, ch. 332, § 15; L. 1974, ch. 376, § 13; L. 1978, ch. 332, § 35; L. 1978, ch. 338, § 1; L. 1979, ch. 280, § 1; L. 1988, ch. 331, § 1; July 1.
(b) The division of architectural services and the director of architectural services created by this act shall be the successors in every way, respectively, to the powers, duties and functions of the architectural services division and state architect in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed under the authority of the division of architectural services or director of architectural services created by this act, respectively, shall be deemed to have the same force and effect as if performed by the architectural services division or state architect, respectively, in which such functions were vested prior to the effective date of this act.
(c) Whenever the architectural services division, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the division of architectural services created by this act.
(d) Whenever the state architect is referred to or designated by a statute, contract or other document, such reference shall be deemed to apply to the director of architectural services created by this act.
(e) All orders and directives of the state architect or architectural services division in existence on the effective date of this act, shall continue to be effective and shall be deemed to be orders and directives of the director of architectural services created by this act, until revised, amended, or nullified pursuant to law.
(f) The division of architectural services and the director of architectural services created by this act, respectively, shall be continuations of the architectural services division created by K.S.A. 75-3761 and the state architect provided to be appointed under K.S.A. 75-3703.
History: L. 1972, ch. 332, § 16; July 1.
History: L. 1972, ch. 332, § 25; July 1.
(b) Subject to approval by the secretary of administration and in accordance with appropriation acts, the director of architectural services shall appoint the professional, technical, administrative, clerical and other personnel of the division of architectural services. Except as provided in K.S.A. 75-1202a and 75-2935 and amendments thereto, all positions of the division of architectural services shall be in the classified service under the Kansas civil service act. Each person who has been employed continuously for at least the six-month period immediately prior to the effective date of this act in a professional or administrative position in the division of architectural services, which is placed in the classified service under the Kansas civil service act by this act, shall continue in such position and shall attain permanent status in that classified position without examination and without a probationary period. Such person shall retain all retirement benefits earned prior to the effective date of this act and such person's service shall be deemed to have been continuous.
History: L. 1978, ch. 337, § 5; L. 1981, ch. 328, § 1; L. 1988, ch. 331, § 2; July 1.
History: L. 1978, ch. 337, § 6; April 25.
History: L. 1978, ch. 337, § 7; Repealed, L. 1981, ch. 328, § 3; May 18.
History: L. 1905, ch. 489, § 3; R.S. 1923, 75-1203; Repealed, L. 1978, ch. 337, § 39; April 25.
History: L. 1905, ch. 489, § 4; R.S. 1923, 75-1204; L. 1967, ch. 434, § 51; Repealed, L. 1978, ch. 337, § 39; April 25.
History: L. 1905, ch. 489, § 5; R.S. 1923, 75-1205; Repealed, L. 1965, ch. 461, § 30; July 1.
History: L. 1905, ch. 489, § 7; R.S. 1923, 75-1206; Repealed, L. 1978, ch. 337, § 39; April 25.
History: L. 1947, ch. 429, § 1; L. 1953, ch. 378, § 1; Repealed, L. 1978, ch. 337, § 39; April 25.
History: L. 1947, ch. 429, § 2; L. 1949, ch. 425, § 1; L. 1951, ch. 446, § 1; L. 1953, ch. 378, § 2; Repealed, L. 1978, ch. 337, § 39; April 25.
History: L. 1949, ch. 425, § 2; Repealed, L. 1974, ch. 376, § 14; July 1.
History: L. 1953, ch. 378, § 3; Repealed, L. 1974, ch. 376, § 14; July 1.
History: L. 1972, ch. 338, § 1; July 1.
(a) "Code" means the standards adopted by this act.
(b) "Dealer" means any person, other than a manufacturer, as defined in this act, who sells, leases or rents three (3) or more mobile homes or recreational vehicles in any consecutive twelve-month period.
(c) "Manufacturer" means any person who manufactures mobile homes or recreational vehicles.
(d) (1) Except as provided in paragraph (2) of this subsection, "mobile home" means a structure, transportable in one or more sections, which has a body width of eight (8) feet or more and a body length of thirty-six (36) feet or more and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein.
(2) "Mobile home" does not include any structure which is subject to the federal mobile home construction and safety standards established pursuant to 42 U.S.C. 5403.
(e) "Person" means an individual, partnership, corporation or other legal entity.
(f) "Recreational vehicle" means a vehicular-type unit built on or for use on a chassis and designed primarily as living quarters for recreational, camping, vacation or travel use and which has its own motive power or is mounted on or drawn by another vehicle, and which has a body width not exceeding eight (8) feet and a body length not exceeding forty (40) feet; but such term shall not include a unit which has no electrical system which operates above twelve (12) volts and has no provisions for plumbing, heating and any other component or feature for which a standard is adopted by this act.
History: L. 1972, ch. 338, § 2; L. 1973, ch. 337, § 1; L. 1974, ch. 377, § 1; L. 1978, ch. 339, § 1; L. 1978, ch. 336, § 6; L. 1979, ch. 281, § 1; April 13.
History: L. 1972, ch. 338, § 3; L. 1973, ch. 337, § 2; L. 1974, ch. 377, § 2; L. 1978, ch. 336, § 7; L. 1979, ch. 281, § 2; April 13.
History: L. 1972, ch. 338, § 4; L. 1973, ch. 337, § 3; L. 1974, ch. 377, § 3; L. 1976, ch. 375, § 1; L. 1978, ch. 336, § 8; L. 1979, ch. 281, § 3; April 13.
History: L. 1972, ch. 338, § 5; L. 1973, ch. 337, § 4; L. 1978, ch. 336, § 9; Repealed, L. 1979, ch. 281, § 12; April 13.
History: L. 1972, ch. 338, § 6; L. 1973, ch. 337, § 5; L. 1978, ch. 336, § 10; L. 1979, ch. 281, § 4; April 13.
History: L. 1972, ch. 338, § 7; Repealed, L. 1973, ch. 337, § 9; April 25.
History: L. 1972, ch. 338, § 8; L. 1979, ch. 281, § 5; April 13.
(b) On July 1, 1979, all of the powers, duties and functions of the mobile home and recreational vehicle commission abolished by subsection (a) are hereby abolished.
(c) On and after July 1, 1979, whenever the mobile home and recreational vehicle commission abolished by subsection (a) is referred to or designated by a statute, contract or other document, such reference or designation is hereby made null and void and of no force and effect whatsoever.
(d) On July 1, 1979, all of the records, memoranda, writings and property of the mobile home and recreational vehicle commission shall be and are hereby transferred to the secretary of administration and the secretary shall have legal custody of the same.
History: L. 1972, ch. 338, § 9; L. 1974, ch. 348, § 87; L. 1974, ch. 378, § 1; L. 1975, ch. 462, § 114; L. 1978, ch. 308, § 70; L. 1979, ch. 281, § 6; April 13.
History: L. 1972, ch. 338, § 10; L. 1973, ch. 337, § 6; L. 1974, ch. 378, § 2; L. 1975, ch. 428, § 6; L. 1978, ch. 339, § 2; L. 1978, ch. 336, § 11; L. 1979, ch. 281, § 7; April 13.
Such warranty shall be to the buyer or the buyer's assignee in interest and shall set forth in writing the following terms:
(a) That the mobile home or recreational vehicle has been manufactured in conformity with the code.
(b) That the mobile home or recreational vehicle is free from any defects in design, materials or workmanship.
(c) That the manufacturer shall take appropriate corrective action at the site of the mobile home or in the case of recreational vehicle, at the nearest authorized service center or at the place of manufacture, whichever is closer, in instances of defects in materials or workmanship which become evident within one (1) year from the date of delivery of the mobile home or recreational vehicle to the buyer, if the buyer or the buyer's assignee in interest gives written notice of such defects to the manufacturer at his or her business address not later than one (1) year after the date of delivery: Provided, however, That in the case of a recreational vehicle, such warranty shall not extend to the chassis or running gear manufactured and supplied by another manufacturer.
Such warranty shall be in addition to and not in derogation of any other rights and privileges which such buyer may have under any other law or instrument. The manufacturer shall not require the buyer to waive his or her rights under this act and any such waiver shall be deemed contrary to public policy and shall be unenforceable and void.
History: L. 1972, ch. 338, § 11; L. 1973, ch. 337, § 7; April 25.
History: L. 1972, ch. 338, § 12; L. 1978, ch. 336, § 12; L. 1979, ch. 281, § 8; July 1.
(b) In addition to any other penalties or remedies provided by this act, the district court, upon application of the attorney general or the county or district attorney, shall have the power and jurisdiction to enjoin any violation of this act. In cases of substantial and willful violations of this act, the district court shall have the power and jurisdiction to enjoin persons from engaging in business in this state.
(c) In any action brought to enforce the provisions of this act, if the court finds that a person is willfully using or has willfully used a method, act or practice declared to be unlawful by this act, the attorney general or county or district attorney, upon petition to the court may recover on behalf of the state, in addition to the criminal penalties provided herein, a civil penalty not exceeding one thousand dollars ($1,000) per person for each violation.
(d) For the purpose of this section, a willful violation occurs:
(1) If the person committing the violation knew or should have known that his or her conduct consisted of an act or acts which were in violation of this act; or
(2) If a manufacturer has failed to correct a code violation in a mobile home or recreational vehicle subject to this act, within ninety (90) days after being notified in writing of the code violation by the owner of the mobile home or recreational vehicle if such mobile home or recreational vehicle was manufactured after September 1, 1973.
History: L. 1972, ch. 338, § 13; L. 1973, ch. 337, § 8; L. 1978, ch. 336, § 13; L. 1979, ch. 281, § 9; April 13.
(b) No units manufactured by the same manufacturer shall bear the same serial number, except that any multiple units shall contain the same serial number with letters of the alphabet designating that each is a different separate section of the same unit. Starting with "A" each such additional, succeeding section shall be in alphabetical order.
History: L. 1972, ch. 338, § 14; L. 1978, ch. 336, § 14; L. 1979, ch. 281, § 10; April 13.
History: L. 1972, ch. 338, § 15; July 1.
(a) "Tie down" means any device designed for the purpose of anchoring a mobile home to ground anchors;
(b) "Ground anchor" means any device designed to secure a mobile home to the ground;
(c) "Pier" means one of the structural supports required by this act for a mobile home which is not secured to the ground on a permanent foundation;
(d) "Roof protector" means a device designed to prevent over-the-top tie downs from damaging or penetrating the roof material; and
(e) "Mobile home" shall have the meaning ascribed to it by K.S.A. 58-4202, and amendments thereto.
(f) "Secretary" means the secretary of administration.
History: L. 1974, ch. 375, § 1; L. 1978, ch. 340, § 1; L. 1978, ch. 336, § 15; L. 1979, ch. 282, § 1; L. 1991, ch. 33, § 36; July 1.
(b) Any mobile home secured with tie down devices and ground anchors which were installed prior to the effective date of this act shall be deemed to be in compliance with this act if such tie down devices were placed in a manner similar to that prescribed herein and unless the secretary shall find such tie down devices are inadequate to anchor or secure a mobile home to the ground.
History: L. 1974, ch. 375, § 2; L. 1978, ch. 340, § 2; L. 1978, ch. 336, § 16; July 1.
(b) Every manufacturer of ground anchors designed to be used on any mobile home shall submit to the secretary for approval each type of ground anchor intended for sale or distribution in this state, together with the following data with respect thereto:
(1) Detailed drawings and specifications of each type of ground anchor, showing model identification, dimensions, types of welds or fastenings, materials used in its construction and the method of securing the tie down;
(2) Test data regarding the destructibility of each ground anchor model, which has been prepared and certified by a recognized independent testing laboratory, demonstrating the capability of such ground anchor to withstand a force of not less than four thousand seven hundred fifty (4,750) pounds without failure, with strap or cable connected to the anchor head connecting device; and
(3) Information as to the types of soil the anchor is certified to be installed in, and instructions as to the method of installation.
(c) Every manufacturer of tie downs designed to be used on any mobile home which is not equipped with tie downs by the manufacturer shall submit to the secretary for approval each type of tie down intended for sale or distribution in this state, together with such supportive data as the secretary may require pursuant to duly adopted rules and regulations. Each tie down shall comply with the standards applicable thereto, as adopted by K.S.A. 75-1220, and in any rules and regulations adopted by the secretary pursuant thereto.
History: L. 1974, ch. 375, § 3; L. 1978, ch. 336, § 17; July 1.
History: L. 1974, ch. 375, § 4; L. 1978, ch. 336, § 18; July 1.
(1) On any mobile home not less than 36 feet in length and not more than 50 feet in length, three frame tie downs shall be placed on each side, or three over-the-top tie downs shall be used or any combination thereof approved by the secretary;
(2) On any mobile home more than 50 feet in length and not more than 70 feet in length, four frame tie downs shall be placed on each side, or four over-the-top tie downs shall be used or any combination thereof approved by the secretary;
(3) On any mobile home more than 70 feet in length, five frame tie downs shall be placed on each side, or five over-the-top tie downs shall be used or any combination thereof approved by the secretary;
(4) On any doublewide mobile home, not more than 50 feet in length, three frame tie downs shall be placed on each side or three over-the-top tie downs shall be used, or any combination thereof approved by the secretary; and on any such mobile home more than 50 feet in length, four frame tie downs shall be used on each side or four over-the-top tie downs shall be used or any combination thereof approved by the secretary.
(b) Whenever over-the-top tie downs are required on any mobile home, one tie down shall be placed as close to each end of the mobile home as practicable, and the center tie down, if any, shall be located as close to the center of the mobile home as possible. The distance between all such adjacent tie downs shall be as nearly equal as practicable.
(c) Roof protectors shall be used with all over-the-top tie downs securing mobile homes not equipped with such tie downs by the manufacturer. Roof protectors shall be made of rust-resistant material and placed at stud and rafter locations on a mobile home.
(d) Over-the-top tie downs may be attached to the same ground anchor as frame tie downs.
History: L. 1974, ch. 375, § 5; L. 1978, ch. 340, § 3; L. 1998, ch. 83, § 2; July 1.
(b) Piers shall be constructed of either open cell or solid concrete blocks, each of which shall be eight inches wide, eight inches high and 16 inches long, with open cells vertical or in combination with solid concrete blocks which are two inches thick, eight inches high and 16 inches long placed above the foundation block. A wood plate which is at least one inch in actual thickness, eight inches wide and 16 inches long shall be placed on top of the pier, with weather proof wood shims, when needed, fitted and driven tightly between the wood plate and the main frame. Such shims shall not occupy more than one inch of vertical space. Piers shall be installed perpendicular to the I-beam. All piers over 30 inches in height, measured from the top of the foundation block to the I-beam, shall be double tiered with blocks interlocked and capped with a solid concrete block, which shall be four inches high, 16 inches wide and 16 inches long, and cushioned with wood blocking as required. Piers shall not exceed 48 inches in height, unless designed by a registered professional engineer or architect. Piers also may be constructed of other material and designs approved by the secretary.
History: L. 1974, ch. 375, § 6; L. 1978, ch. 340, § 4; L. 1998, ch. 83, § 3; July 1.
History: L. 1974, ch. 375, § 7; July 1.
History: L. 1974, ch. 375, § 8; L. 1978, ch. 336, § 19; July 1.
History: L. 1974, ch. 375, § 9; L. 1978, ch. 336, § 20; July 1.
History: L. 1974, ch. 376, § 1; July 1.
(a) "Firm" means any individual, firm, partnership, corporation, association, or other legal entity that is permitted by law to practice the profession of architecture and that meets one of the following conditions:
(1) Maintains an office in Kansas staffed by one or more architects who are licensed by the board of technical professions; or (2) does not maintain an office in Kansas but is qualified to perform special architectural services that are required in special cases where in the judgment of the secretary of administration it is necessary to go outside the state to obtain such services.
(b) "Negotiating committee" means a committee to negotiate as provided in this act, and consisting of the following members: (1) The head of the state agency for which the proposed project is planned or of the state agency that controls and supervises the operation and management of the institution for which the proposed project is planned, if such is the case, or a person designated by the head of the agency; (2) the head of the institution for which the proposed project is planned, or a person designated by the head of the institution. When the proposed project is not planned for an institution, the state agency head shall designate a second person in lieu of the head of an institution; and (3) the secretary of administration, or a person designated by the secretary, who shall act as chairperson of the committee.
(c) "Architectural services" means any of the following: (1) The practice of architecture, as defined in subsection (e) of K.S.A. 74-7003 and amendments thereto;
(2) the practice of landscape architecture, as defined in subsection (g) of K.S.A. 74-7003, and amendments thereto; and
(3) interior design services.
(d) "Project architect" means a firm employed under this act for a particular project.
(e) "State building advisory commission" means the state building advisory commission created by K.S.A. 75-3780, and amendments thereto, or any duly authorized officer or employee of such commission.
(f) "State agency" includes any state institution.
History: L. 1974, ch. 376, § 2; L. 1976, ch. 401, § 1; L. 1978, ch. 337, § 15; L. 1979, ch. 280, § 8; L. 1988, ch. 332, § 1; L. 1992, ch. 240, § 29; L. 2005, ch. 177, § 1; July 1.
History: L. 1974, ch. 376, § 3; L. 1978, ch. 337, § 16; L. 1979, ch. 280, § 9; May 17.
(b) The secretary of administration may combine two or more separate projects for the construction of buildings or for major repairs or improvements to buildings for state agencies, for the purpose of procuring architectural services for all such projects from a single firm. In each case, the combined projects shall be construed to be a single project for all purposes under the provisions of K.S.A. 75-1250 to 75-1267, inclusive, and amendments thereto.
(c) (1) This section shall not apply to any repetitive project with a standard plan that was originally designed by the secretary of administration or an agency architect pursuant to paragraphs (2) and (3) of subsection (a) of K.S.A. 75-1254, and amendments thereto. In such a case, the secretary of administration or the agency architect may provide architectural services for the repetitive project. The repetitive design exception authorized by this subsection shall not apply if the in-house architectural design section of the division of architectural services has a staff of greater than one chief architect and five designers.
(2) "Repetitive project" means a project which uses the same standard design as was used for a project constructed previously, including, but not limited to, sub-area shops and salt domes of the department of transportation and showers and toilet buildings of the department of wildlife and parks. The plans for the project may be modified as required for current codes, operational needs or cost control. The total floor area of the project may be increased by an area of not more than 25% of the floor area of the originally constructed project, except that not more than 25% of the linear feet of the exterior and interior walls may be moved for such increase. A project shall not be considered to be repetitive if it has been over four years between the substantial completion of the last project using the design plans and the appropriation of funds for the proposed project.
History: L. 1974, ch. 376, § 4; L. 1977, ch. 308, § 1; L. 1978, ch. 337, § 17; L. 1979, ch. 280, § 10; L. 1990, ch. 302, § 1; L. 1996, ch. 176, § 1; L. 2006, ch. 1, § 1; July 1.
(1) Conduct discussions with at least three firms regarding the proposed project, determine the architectural services desired for such project, and negotiate a contract with one of such firms as project architect for the desired architectural services for all phases of the project which are authorized by appropriations therefor at a rate of compensation not in excess of those specified in K.S.A. 75-1263 and amendments thereto;
(2) undertake to provide all or part of the architectural services for such project, including the construction administration services as described in K.S.A. 75-1260 and amendments thereto; or
(3) designate a qualified employee of the state agency or institution for which the project is being constructed, or of the state agency which controls and supervises the operation and management of such institution, to provide all or part of such services for the project; for the purposes of providing such architectural services, such employee shall be known as the agency architect for the project.
(b) The employee of such agency designated as the agency architect for the project shall be a licensed architect under the provisions of K.S.A. 74-7001 to 74-7035, inclusive, and amendments thereto and shall be found by the secretary of administration to be qualified to perform all of the architectural services for the particular project, including the construction administration services as described in K.S.A. 75-1260 and amendments thereto.
(c) The secretary of administration or the agency architect for the project, as the case may be, shall provide the preliminary design services, construction contract documents, bidding services and construction administration services as described in K.S.A. 75-1260 and amendments thereto for each phase of the project for which no firm is employed as project architect.
History: L. 1978, ch. 337, § 23; L. 1979, ch. 280, § 11; L. 1986, ch. 317, § 1; April 24.
History: L. 1974, ch. 376, § 5; L. 1976, ch. 401, § 2; July 1.
History: L. 1974, ch. 376, § 6; L. 1978, ch. 337, § 18; Sept. 1.
(b) In such negotiations, the negotiating committee shall always consider demonstrated competence and qualifications, including satisfactory completion of any previous phase of work awarded for the same project, and shall take into account the estimated value of the services to be rendered and the scope, complexity and professional nature thereof. The negotiating committee shall attempt to negotiate a contract with any firm, which is on the list submitted by the state building advisory commission, for the later phases of work of any project upon which such firm has been awarded a contract and satisfactorily completed a previous phase of work.
(c) Should the negotiating committee be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, within the fee limits established, negotiations with that firm shall be terminated. The negotiating committee shall then undertake negotiations with the second most qualified firm. Failing of accord with the second most qualified firm, negotiations with such firm shall be terminated. The negotiating committee shall then undertake negotiations with the third, fourth and fifth most qualified firm in turn. Should the negotiating committee be unable to negotiate a satisfactory contract with any of the selected firms, the committee shall reevaluate the services and fee requirements and reopen negotiations with any of the nominated firms.
(d) Should the negotiating committee still be unable to enter into a contract, it shall request the state building advisory commission to provide another list of nominees as provided in K.S.A. 75-1253, and amendments thereto.
History: L. 1974, ch. 376, § 7; L. 1976, ch. 401, § 3; L. 1978, ch. 337, § 19; L. 1979, ch. 280, § 12; May 17.
(b) In addition to the requirements in subsection (a), each such contract for architectural services shall specify the responsibilities undertaken by the project architect and that the project architect shall be responsible for all of such architect's negligent acts, errors or omissions in the performance of such contract.
History: L. 1978, ch. 337, § 20; L. 1979, ch. 280, § 13; L. 1989, ch. 261, § 1; L. 1996, ch. 86, § 1; July 1.
(b) The review of the construction documents by the secretary of administration and the state agency under this section shall be limited to ensuring only that such documents do not change the project description approved under K.S.A. 75-1255, and amendments thereto, and that the same comply with the standards established under K.S.A. 75-3783, and amendments thereto, by the secretary of administration with the advice of the state building advisory commission for the planning, design and construction of buildings and major repairs and improvements to buildings for state agencies.
(c) If the construction documents are prepared by the secretary of administration, the same shall be submitted to and approved by the state agency prior to submission to the director of purchases. If the construction documents are prepared by an agency architect as provided in K.S.A. 75-1254, and amendments thereto, the same shall be submitted to, reviewed and approved by the secretary of administration under this section prior to submission to the director of purchases.
(d) The construction documents for a capital improvement project for the construction of a building or for major repairs or improvements to a building for the use or benefit of a state agency, shall prescribe standards for energy conservation which provide the highest level of energy conservation and efficiency that is practical for the project, as determined by the secretary of administration. The standards for energy conservation determined practical for the project by the secretary of administration shall be included as program and base bid requirements for the project and not as alternates.
History: L. 1978, ch. 337, § 24; L. 1979, ch. 280, § 14; L. 1986, ch. 317, § 2; L. 1995, ch. 166, § 1; July 1.
(a) Advise, consult, and represent the secretary of administration in the administration of the construction contract or contracts;
(b) make periodic visits to inspect the progress and quality of work for compliance with contract documents and make recommendations to the secretary of administration thereon;
(c) review and approve shop drawings of fabricators and manufacturers, and samples of materials for conformance with drawings and specifications and submit copies of approved shop drawings to the secretary of administration and the state agency for which the project is being constructed for their information;
(d) initiate and prepare change orders for approval by the secretary of administration and issue field orders to provide for adjustments or changes in work;
(e) determine dates of substantial and final completion; and
(f) issue certificates of payment in the amount determined as due the contractor, except that in cases where bids were let for the three specified portions of the project and not for the project as a whole under subsection (b) of K.S.A. 75-3741 and amendments thereto, such certificates shall be issued to each contractor only after consultation with the prime contractor.
History: L. 1974, ch. 376, § 8; L. 1978, ch. 337, § 21; L. 1979, ch. 280, § 15; May 17.
(b) Whenever the secretary of administration or the agency architect for the project, as the case may be, assumes responsibility for such services regarding any contract which is let for a project for the construction of a building or for major repairs or improvements to a building for a state agency, and the total price for such project exceeds fifty thousand dollars ($50,000), the secretary of administration or, where there is an agency architect for the project, the state agency for which the project is being constructed, shall employ a job representative for such project. The compensation of a job representative employed under this subsection shall be paid from: (1) The same fund or appropriation as the cost of the project for which he or she is job representative, or (2) appropriations for the department of administration and available for such purpose if the job representative is employed by the secretary of administration, or from appropriations available for such purpose made for the state agency which employed such job representative, if such is the case.
(c) Whenever the secretary of administration or the agency architect for the project, as the case may be, assumes responsibility for such services regarding any contract which is let for any such project, the total price of which does not exceed fifty thousand dollars ($50,000), the secretary of administration or, where there is an agency architect for the project, the state agency for which the project is being constructed, may employ a job representative for such project. The compensation of a job representative employed under this subsection shall be paid from: (1) Funds appropriated for the department of administration and available for such purpose, if the job representative is employed by the secretary of administration, or (2) appropriations available for such purpose made for the state agency which employed the job representative, if such is the case.
(d) Each job representative employed pursuant to this section shall be present at the site of such project as directed by the secretary of administration or the agency architect for the project, whichever is responsible for construction administration services for the project, and shall make reports thereto relating to the manner in which the work is being done, the progress thereof, and other matters specified by the secretary of administration or agency architect for the project, as the case may be. Job representatives shall be solely responsible to, and shall perform their duties under the direction and supervision of, the secretary of administration or the state agency for which the project is being constructed, whichever is the employer, in accordance with the inspection standards adopted by the secretary of administration under K.S.A. 75-3783 and amendments thereto. Job representatives shall be in the unclassified service under the Kansas civil service act and shall receive compensation fixed by the secretary of administration or the state agency for which the project is being constructed, whichever is the employer and approved by the governor in each case. All job representatives shall meet the standard qualifications for inspection personnel adopted by the secretary of administration under K.S.A. 75-3783 and amendments thereto.
History: L. 1974, ch. 376, § 9; L. 1976, ch. 401, § 4; L. 1978, ch. 337, § 22; L. 1979, ch. 280, § 16; May 17.
(b) When the project architect or, if there is no project architect, the secretary of administration or the agency architect as provided in K.S.A. 75-1254, and amendments thereto, determines that a project has been satisfactorily completed, such project architect, secretary or agency architect shall certify that determination to the state agency for which the project was completed and to the secretary of administration. The final inspection of the project shall be conducted jointly by the project architect, if there is one, the state agency and the secretary of administration.
(c) The results of such final inspection shall be reported to the secretary of administration. Upon determining that the project has been satisfactorily completed, based on the recommendations of the project architect, if there is one, and the state agency and on other information, the secretary of administration shall officially accept the project as satisfactorily complete and thereby authorize the state agency for which the project was completed to occupy and make use of the project. No state agency shall occupy or make use of any building or portion thereof which has been constructed, or any areas of a building which were repaired or improved, until the project therefor has been officially accepted as provided in this section, except that an agency may occupy all or any area of any such building for which the contractor has agreed in writing to complete and correct all work for the project in accordance with the contract documents within a time specified after the date of such occupancy.
(d) Within nine months after official acceptance of a project, the state agency for which the project was completed and the secretary of administration shall conduct a full inspection of the completed project and shall promptly notify the appropriate contractor of any claims resulting therefrom.
(e) In performing the inspection services pursuant to this section, the secretary of administration, with the concurrence of the state agency that owns the property, may use inspection services of the city, township, county or other political subdivision in which the project is located, in accordance with K.S.A. 75-3741c, and amendments thereto.
History: L. 1978, ch. 337, § 25; L. 1979, ch. 280, § 17; L. 2003, ch. 92, § 1; Apr. 24.
(1) When the firm provides preliminary design services, construction documents, bidding services and the construction administration services specified in K.S.A. 75-1260 and amendments thereto the maximum shall be: Seven percent of that portion of the estimated cost of the project not exceeding $2,250,000; 6.25% of that portion of the estimated cost of the project exceeding $2,250,000 but not exceeding $4,500,000; 5.5% of that portion of the estimated cost of the project exceeding $4,500,000 but not exceeding $6,750,000. The fees to be paid for any project for which the estimate of cost exceeds $6,750,000 shall be negotiated between the firm selected and the negotiating committee, but shall not exceed 5% on that portion of the estimated cost of the project exceeding $6,750,000.
(2) When a prior project architect, the secretary of administration or any agency architect as provided in K.S.A. 75-1254 and amendments thereto provides preliminary design services and the project architect provides construction documents, bidding services and construction administration services, the maximum established under subsection (a)(1) shall be reduced by the negotiating committee which shall determine the value of the services to be performed and shall adjust the fee accordingly.
(3) When a prior project architect, the secretary of administration or an agency architect as provided in K.S.A. 75-1254 and amendments thereto provides preliminary design services, bidding services and construction administration services, the maximum established under subsection (a)(1) shall be reduced by the negotiating committee which shall determine the value of the services to be performed and shall adjust the fee accordingly.
(b) A fee of not to exceed 4% of the estimated cost of the project, which shall be determined by the negotiating committee and which shall be proportional to the relative complexity of the project, may be added to the fees otherwise authorized under this section.
(c) For purposes of computing the project architect's maximum fees, the estimated cost of the project shall be that provided in the original program cost estimate for the project. The estimated cost of the project shall not be reduced or increased without the prior approval of the negotiating committee which approved the project description under K.S.A. 75-1255 and amendments thereto. The project architect's maximum fee shall not be reduced or increased except that the project architect may be paid additional fees as a result of change orders initiated by the state or for additional services which are the result of changes in the scope or program of the project or construction circumstances beyond the control of the project architect or the state. Any increase in the fees paid to a project architect above the previously established maximum for the project shall receive the prior approval of the negotiating committee which approved the project description under K.S.A. 75-1255 and amendments thereto and, upon such approval, shall constitute a revised maximum fee under this section.
(d) Fees of project architects shall be paid from appropriations for the particular project for which the project architect is employed and in no case shall the amount appropriated for a project be exceeded for any increase in a project architect's fees. The secretary of administration shall report to the joint committee on state building construction all actions relating to any increase under subsection (c) in the fees paid to a project architect above the previously established maximum for the project.
History: L. 1974, ch. 376, § 10; L. 1978, ch. 337, § 27; L. 1979, ch. 280, § 18; L. 1986, ch. 317, § 3; L. 1990, ch. 303, § 1; May 17.
(b) Change orders or changes in plans involving cost increases of less than $75,000 and any change order or change in plans involving a cost reduction, other than a change in the proposed use of any new or remodeled building, may be authorized or approved by the secretary of administration without prior consultation with the joint committee on state building construction. The secretary of administration shall report to the joint committee on state building construction all action relating to such change orders or changes in plans.
(c) No change order or change in plans involving any cost increases of $75,000 or more and no change in the proposed use of any new or remodeled building shall be authorized or approved by the secretary of administration without having first advised and consulted with the joint committee on state building construction.
(d) (1) If the secretary of administration 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 new or remodeled building that the secretary is required by this section 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 secretary may use the procedure authorized by this subsection in lieu of advising and consulting with the joint committee at a meeting. In any such case, the secretary of administration shall mail a summary description of the proposed change order, change in plans or change in the proposed use of any new or remodeled building to each member of the joint committee on state building construction and to the director of the legislative research department. Each such summary description shall include a notice specifying the date it was mailed.
(2) After receiving any such summary description, each member shall review the information about the proposed change order, change in plans or change in proposed use and may request a presentation and review of the proposed change order, change in plans or change in proposed use at a meeting of the joint committee. If two or more members of the joint committee contact the director of the legislative research department within seven business days of the date specified in the summary description and request such presentation and review, then the director of the legislative research department shall notify the secretary of administration and the chairperson of the joint committee that a meeting has been requested for such presentation and review. Upon receiving such notification, the chairperson shall call a meeting of the joint committee as soon as practicable for the purpose of such presentation and review and shall furnish the secretary of administration with notice of the time, date and place of the meeting. In any such case, the secretary of administration shall not authorize or approve such proposed change order, change in plans or change in proposed use without having first advised and consulted with the joint committee at a meeting.
(3) If less than two members of the joint committee contact the director of the legislative research department 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 secretary of administration shall be deemed to have advised and consulted with the joint committee about such proposed change order, change in plans or change in proposed use and may authorize or approve such proposed change order, change in plans or change in proposed use.
History: L. 1974, ch. 376, § 11; L. 1978, ch. 337, § 28; L. 1990, ch. 304, § 1; L. 2000, ch. 149, § 2; June 1.
History: L. 1974, ch. 376, § 12; L. 1978, ch. 337, § 29; Sept. 1.
History: L. 1976, ch. 401, § 5; July 1.
(b) It is the responsibility of each state agency for which such a capital improvement project was completed to initially refer all claims on behalf of the state arising from the project to the secretary of administration. The secretary of administration shall attempt to effect an informal or formal resolution of all such claims in a manner satisfactory to the interests of the state. Failing such a resolution, the secretary of administration shall refer and the state agency for which the project was completed may refer all such claims to the attorney general for action. Written notice of each such referral to the attorney general shall be given to the governor by the secretary of administration and the state agency making such referral. Upon each such referral, the attorney general shall institute and prosecute all appropriate legal proceedings regarding such claims.
(c) On or before November 15 each year, the secretary of administration shall report to the joint committee on state building construction as to the nature and status of all claims made on behalf of the state arising from state projects for the construction of buildings or major repairs or improvements to buildings which are referred to or acted on by the secretary of administration under this section, and shall include in such report any recommendations deemed appropriate by the secretary of administration.
(d) No document required to be kept and maintained under this section which relates to any correctional institution, as defined by K.S.A. 75-5202 and amendments thereto, or any other facility under the jurisdiction and control of the secretary of corrections or to any secured area or other area where public access is limited, shall be open for public inspection or reproduction under K.S.A. 45-201 and 45-202, and amendments thereto. The secretary of administration may limit reproduction of any other documents required to be kept and maintained under this section which may be used for commercial or similar purposes to the extent deemed appropriate by the secretary in the best interests of the state, except that there shall be no limitation on the reproduction of documents pertaining to buildings on the state or national register of historic places unless inspection of any such document is prohibited by the terms of the preceding sentence.
History: L. 1978, ch. 337, § 26; L. 1983, ch. 297, § 1; May 5.
History: L. 1979, ch. 280, § 7; May 17.
(1) Any capital improvement project that is funded from the Kansas educational building fund or state institutions building fund and for which the department of administration will provide architectural services, engineering services or management services;
(2) any other state agency capital improvement project that is not financed, in whole or in part, by gifts, bequests or donations made by one or more private individuals or other private entities and for which the department of administration will provide architectural services, engineering services or management services; and
(3) any other state agency capital improvement project that is partially financed by gifts, bequests or donations made by one or more private individuals or other private entities and for which the department of administration will provide architectural services, engineering services or management services, except that only that portion of the estimated cost of such capital improvement project that is not financed by such gifts, bequests or donations shall be subject to the provisions of this section.
(b) (1) When in-house architectural design services under K.S.A. 75-1254, and amendments thereto, or in-house engineering design services are provided by the department of administration for any project authorized pursuant to this section the secretary of administration or the secretary's designee shall negotiate a design fee with the state agency for which the project is being constructed. The negotiated design fee shall be fixed in an amount not to exceed the actual costs to the department of administration of providing those services.
(2) The secretary of administration is authorized to fix, charge and collect fees for all other architectural, engineering and management services provided by the department of administration for projects authorized pursuant to this section. The secretary of administration shall use the projected cost of a project, the complexity of a project, the type of construction involved in a project and the level of services provided by the department of administration as factors in establishing the rate or amount of such fees. The state agency for which the project is being constructed shall remit the fees established under this paragraph to the secretary of administration or the secretary's designee according to the following schedule:
(A) For any project with a total estimated cost of less than $3,000,000, the entire fee shall be paid at the time the construction contracts for the project are bid.
(B) For any project with a total estimated cost of $3,000,000 or more, one-half of the fee shall be paid at the time the construction contracts for the project are bid, and the remaining one-half shall be paid when construction of the project is 50% complete.
(c) As used in this section:
(1) "Architectural services" has the meaning ascribed thereto by K.S.A. 75-1251 and amendments thereto;
(2) "engineering services" has the meaning ascribed thereto by K.S.A. 75-5802 and amendments thereto; and
(3) "management services" means management, consultation, direction, oversight, inspection and other services performed by the secretary of administration under K.S.A. 75-1250 to 75-1268, inclusive, 75-3740 to 75-3742, inclusive, 75-3783 to 75-3785, inclusive, and 75-5801 to 75-5807, inclusive, and any amendments to such statutes.
(d) All moneys received by the secretary of administration under this section shall be credited to the architectural services recovery fund, which is hereby created in the state treasury. All expenditures from the architectural services recovery fund shall be for operating expenditures of the department of administration in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of administration or by a person or persons designated by the secretary.
History: L. 1983, ch. 268, § 1; L. 1985, ch. 272, § 2; L. 1985, ch. 272, § 3; L. 2005, ch. 177, § 2; July 1.
History: L. 1985, ch. 272, § 1; July 1.