2006 Kansas Code - 75-1269

      75-1269.   Fees for architectural and other services provided by secretary of administration for capital improvements funded from certain state building funds; procedures; definitions; disposition. (a) The provisions of this section shall apply to the following capital improvement projects:

      (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.