19-216c.   Same; definitions.(a) "Alternative project delivery" means an integratedcomprehensive building designand construction process, including all procedures, actions, sequences ofevents, contractual relations, obligations, interrelations and various forms ofagreement all aimed at the successful completion of the design and constructionof buildings and other structures whereby a construction manager or generalcontractor or building design-build team is selected based on a qualificationsand best value approach.

      (b)   "Ancillary technical services" include, but shall not be limited to,geology services and other soil or subsurface investigation and testingservices, surveying, adjusting and balancing air conditioning, ventilating,heating and other mechanical building systems and testing and consultantservices that are determined by the agency to be required for the project.

      (c)   "Architectural services" means those services described by subsection (e)of K.S.A. 74-7003, and amendments thereto.

      (d)   "Best value selection" means a selection based uponobjective criteria related to price, features, functions, life-cycle costs andother factors.

      (e)   "Board" means the board of county commissioners or its designees.

      (f)   "Building construction" means furnishing labor, equipment, material orsupplies used or consumed for the design, construction, alteration, renovation,repair or maintenance of a building or structure. Building construction doesnot include highways, roads, bridges, dams, turnpikes or related structures, orstand-alone parking lots.

      (g)   "Building design-build" means a project for which the design andconstruction services are furnished under one contract.

      (h)   "Building design-build contract" means a contract between the county anda design-builder to furnish the architecture or engineering and related designservices required for a given public facilities construction project and tofurnish the labor, materials and other construction services for such publicproject.

      (i)   "Construction services" means the process of planning, acquiring,building, equipping, altering, repairing, improving, or demolishing anystructure or appurtenance thereto, including facilities, utilities or otherimprovements to any real property, excluding highways, roads, bridges, damsor related structures, or stand-aloneparking lots.

      (j)   "Construction management at-risk services" means the servicesprovided by a firm which has entered into a contract with the county to be theconstruction manager or general contractor for the value and schedule of thecontract for a project, which is to hold the trade contracts and execute thework for a project in a manner similar to a general contractor, and which isrequired to solicit competitive bids for the trade packages developed for theproject and to enter into the trade contracts for a project with the lowestresponsible bidder therefor. Construction management at-risk services mayinclude, but are not limited to, scheduling, value analysis, system analysis,constructability reviews, progress document reviews, subcontractor involvementand prequalification, subcontractor bonding policy, budgeting and priceguarantees and construction coordination.

      (k)   "Construction management at-risk contract" means the contractwhereby the county acquires from a construction manager or generalcontractor a series of preconstruction services and an at-risk financialobligation to carry out construction under a specified cost agreement.

      (l)   "Construction manager or general contractor" means any individual,partnership, joint venture, corporation or other legal entity who is a memberof the integrated project team with the county, design professional andother consultants that may be required for the project, who utilizes skill andknowledge of general contracting to perform preconstruction services andcompetitively procures and contracts with specialty contractors assuming theresponsibility and the risk for construction delivery within a specified costand schedule terms including a guaranteed maximum price.

      (m)   "Design-builder" means any individual, partnership, joint venture,corporation or other legal entity that furnishes the architectural orengineering services and construction services, whether by itself or throughsubcontracts.

      (n)   "Design criteria consultant" means a person, corporation, partnership orother legal entity duly registered and authorized to practice architecture orprofessional engineering in this state pursuant to K.S.A. 74-7003, andamendments thereto, and who is employed by contract to the county to provideprofessional design and administrative services in connection with thepreparation of the design criteria package.

      (o)   "Design criteria package" means performance-oriented specifications forthe public construction project sufficient to permit a design-builder toprepare a response to the county's request for proposals for a buildingdesign-build project.

      (p)   "Engineering services" means those services described by subsection (i)of K.S.A. 74-7003, and amendments thereto.

      (q)   "Guaranteed maximum price" means the cost of the work as defined inthe contract.

      (r)   "Parking lot" means a designated area or parking structure for parkingmotor vehicles. A parking lot included as part of a buildingconstruction project shall be subject to the provisions of this act. A parkinglot designed and constructed as a stand-alone project shall not be subject tothe provisions of this act.

      (s)   "Preconstruction services" means a series of services that caninclude, but are not necessarily limited to: Design review, scheduling, costcontrol, value engineering, constructability evaluation and preparation andcoordination of bid packages.

      (t)   "Project services" means architectural, engineering services, landsurveying, construction management at-risk services, ancillary technicalservices or other construction-related services determined by the county to berequired by the project.

      (u)   "Public construction project" means the process of designing,constructing, reconstructing, altering or renovating a public building or otherstructure. Public construction project does not include the process ofdesigning, constructing, altering or repairing a public highway, road, bridge,dam, turnpike or related structure.

      (v)   "Stipend" means an amount paid to the unsuccessful and responsiveproposers to defraythe cost of submission of phase II of the building design-build proposal.

      History:   L. 2008, ch. 148, § 2; July 1.