2006 Kansas Code - 75-1263

      75-1263.   Fees of project architects; determination and payment. (a) Except as otherwise provided in subsection (c), fees paid to firms employed as project architect to provide architectural services shall not exceed the following:

      (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.