State Codes and Statutes

Statutes > Kansas > Chapter72 > Article67 > Statutes_30787

72-6760f

Chapter 72.--SCHOOLS
Article 67.--SCHOOL UNIFICATION ACTS

      72-6760f.   Procedures; construction managementat-risk projects.Construction management at-risk project delivery procedures shall beconducted as follows:

      (a)   The board shall determine the scope and level of detail required topermit a qualifiedconstruction manager or general contractor to submit construction managementat-risk proposals in accordance with the request for proposals given the natureof the project.

      (b)   Prior to completion of the construction documents, or as early as duringthe initiation of the project, the construction manager or general contractorshall be selected. The project design professional may be employed or retainedby the board to assist in the selection process.

      (c)   The board shall publish a notice of the request for qualifications andproposals for therequired project services at least 15 days prior to the commencement of suchrequests inthe official newspaper of the school district and with a statewide school boardor constructionindustry association website in accordance with K.S.A. 64-101, and amendmentsthereto, andin such other appropriate manner as may be determined by the board.

      (d)   The board shall solicit proposals in a three stage qualifications basedselection process.Phase I shall be the solicitation of qualifications and prequalifying a minimumof three but nomore than five construction manager or general contractors to advance to phaseII. Phase IIshall be the solicitation of a request for proposal for the project, and phaseIII shall include aninterview with each proposer to present their qualifications and answerquestions.

      (1)   Phase I shall require all proposers to submit a statement ofqualifications which shallinclude, but notbe limited to:

      (A)   Similar project experience;

      (B)   experience in this type of project delivery system;

      (C)   references from design professionals and owners from previous projects;

      (D)   description of the construction manager or general contractor's projectmanagement approach; and

      (E)   bonding capacity. Firms submitting a statement of qualifications shall becapable ofproviding a public works bond in accordance with K.S.A. 60-1111, and amendmentsthereto, and shall present evidence of such bonding capacity to the board withtheir statement or qualifications. If a firm fails to present such evidence,such firm shall be deemed unqualified for selection under this subsection.

      (2)   The board shall evaluate the qualifications of all proposers inaccordance with the instructions of the request for qualifications. The boardshall prepare a short list containing a minimum of three and maximum of fivequalified firms, which have the best and mostrelevant qualifications to perform the services required of the project, toparticipate in phase IIof the selection process. If the board receives qualifications from less thanfour proposers, allproposers shall be invited to participate in phase II ofthe selection process. The board shall have discretion to disqualify anyproposer that, in the board's opinion, lacks theminimal qualifications required to perform the work.

      (3)   Phase II of the process shall be conducted as follows:

      (A)   Prequalified firms selected in phase I shall be given a request forproposal. The requestfor proposal shall require all proposers to submit a morein depth response including, but not be limited to:

      (i)   Company overview;

      (ii)   experience or references, or both, relative to the project underquestion;

      (iii)   resumes of proposed project personnel;

      (iv)   overview of preconstruction services;

      (v)   overview of construction planning;

      (vi)   proposed safety plan;

      (vii)   fees, including fees for preconstruction services, fees for generalconditions, feesfor overhead and profit.

      (4)   Phase III shall be conducted as follows:

      (A)   Once all proposals have been submitted, the selection recommendationcommittee shall interview all of the proposers, allowing the competing firms topresent their proposedteam members, qualifications, project plan and to answer questions. Interviewscores shall not account for more than 50% of the total possible score.

      (B)   The selection recommendation committee shall select the firmproviding the best valuebased on the proposal criteria and weighting factorsutilized to emphasize important elements ofeach project for approval by the board. All scoring criteria and weightingfactors shall beidentified by the board in the request for proposal instructions to proposers.The selection recommendation committee shall proceed to negotiate with andattempt to enter into contractwith the firm receiving the best total score to serve as the constructionmanager or generalcontractor for the project. Should the selection recommendation committee beunable to negotiate a satisfactory contract with the firm scoring the besttotal score, negotiations with that firm shall be terminated, and the committeeshall undertake negotiations with the firm with the next best total score, inaccordance with this act.

      (C)   If the selection recommendation committee determines, that it is not inthe best interest of the board to proceed with the project pursuant to theproposals offered, the selectionrecommendation committee shall reject all proposals. If all proposals arerejected, the board maysolicit new proposals using different design criteria, budget constraints orqualifications.

      (D)   The contract to perform construction management at-risk services for aproject shall beprepared by the board and entered into between the board and the firmperforming such construction management at-risk services. A constructionmanagement at-risk contract utilizing acost plus guaranteed maximum price contract value shall return all savingsunder the guaranteedmaximum price to the school district.

      (E)   The board or the construction manager at-risk, at theboard's discretion shall publish aconstruction services bid notice in the official newspaper of the schooldistrict and website of astatewide school board association or construction industry association and insuch otherappropriate manner for the construction manager or general contractor as may bedetermined by theboard. Each construction services bid notice shall include the request for bidsand other biddinginformation prepared by the construction manager or general contractor and theboard. The board may allow the construction manager or general contractor toself-perform constructionservices provided the construction manager or general contractor submits asealed bid proposalunder the same conditions as all other competing firms. At the time for openingthe bids, theconstruction manager or general contractor shall evaluate the bids and shalldetermine the lowestresponsible bidder except in the case of self-performed work for which theboard shall determinethe lowest responsible bidder. The construction manager or general contractorshall enter into acontract with each firm performing the construction services for the projectand make a publicannouncement of each firm selected at the first school board meeting followingthe selection.

      History:   L. 2008, ch. 148, § 12; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter72 > Article67 > Statutes_30787

72-6760f

Chapter 72.--SCHOOLS
Article 67.--SCHOOL UNIFICATION ACTS

      72-6760f.   Procedures; construction managementat-risk projects.Construction management at-risk project delivery procedures shall beconducted as follows:

      (a)   The board shall determine the scope and level of detail required topermit a qualifiedconstruction manager or general contractor to submit construction managementat-risk proposals in accordance with the request for proposals given the natureof the project.

      (b)   Prior to completion of the construction documents, or as early as duringthe initiation of the project, the construction manager or general contractorshall be selected. The project design professional may be employed or retainedby the board to assist in the selection process.

      (c)   The board shall publish a notice of the request for qualifications andproposals for therequired project services at least 15 days prior to the commencement of suchrequests inthe official newspaper of the school district and with a statewide school boardor constructionindustry association website in accordance with K.S.A. 64-101, and amendmentsthereto, andin such other appropriate manner as may be determined by the board.

      (d)   The board shall solicit proposals in a three stage qualifications basedselection process.Phase I shall be the solicitation of qualifications and prequalifying a minimumof three but nomore than five construction manager or general contractors to advance to phaseII. Phase IIshall be the solicitation of a request for proposal for the project, and phaseIII shall include aninterview with each proposer to present their qualifications and answerquestions.

      (1)   Phase I shall require all proposers to submit a statement ofqualifications which shallinclude, but notbe limited to:

      (A)   Similar project experience;

      (B)   experience in this type of project delivery system;

      (C)   references from design professionals and owners from previous projects;

      (D)   description of the construction manager or general contractor's projectmanagement approach; and

      (E)   bonding capacity. Firms submitting a statement of qualifications shall becapable ofproviding a public works bond in accordance with K.S.A. 60-1111, and amendmentsthereto, and shall present evidence of such bonding capacity to the board withtheir statement or qualifications. If a firm fails to present such evidence,such firm shall be deemed unqualified for selection under this subsection.

      (2)   The board shall evaluate the qualifications of all proposers inaccordance with the instructions of the request for qualifications. The boardshall prepare a short list containing a minimum of three and maximum of fivequalified firms, which have the best and mostrelevant qualifications to perform the services required of the project, toparticipate in phase IIof the selection process. If the board receives qualifications from less thanfour proposers, allproposers shall be invited to participate in phase II ofthe selection process. The board shall have discretion to disqualify anyproposer that, in the board's opinion, lacks theminimal qualifications required to perform the work.

      (3)   Phase II of the process shall be conducted as follows:

      (A)   Prequalified firms selected in phase I shall be given a request forproposal. The requestfor proposal shall require all proposers to submit a morein depth response including, but not be limited to:

      (i)   Company overview;

      (ii)   experience or references, or both, relative to the project underquestion;

      (iii)   resumes of proposed project personnel;

      (iv)   overview of preconstruction services;

      (v)   overview of construction planning;

      (vi)   proposed safety plan;

      (vii)   fees, including fees for preconstruction services, fees for generalconditions, feesfor overhead and profit.

      (4)   Phase III shall be conducted as follows:

      (A)   Once all proposals have been submitted, the selection recommendationcommittee shall interview all of the proposers, allowing the competing firms topresent their proposedteam members, qualifications, project plan and to answer questions. Interviewscores shall not account for more than 50% of the total possible score.

      (B)   The selection recommendation committee shall select the firmproviding the best valuebased on the proposal criteria and weighting factorsutilized to emphasize important elements ofeach project for approval by the board. All scoring criteria and weightingfactors shall beidentified by the board in the request for proposal instructions to proposers.The selection recommendation committee shall proceed to negotiate with andattempt to enter into contractwith the firm receiving the best total score to serve as the constructionmanager or generalcontractor for the project. Should the selection recommendation committee beunable to negotiate a satisfactory contract with the firm scoring the besttotal score, negotiations with that firm shall be terminated, and the committeeshall undertake negotiations with the firm with the next best total score, inaccordance with this act.

      (C)   If the selection recommendation committee determines, that it is not inthe best interest of the board to proceed with the project pursuant to theproposals offered, the selectionrecommendation committee shall reject all proposals. If all proposals arerejected, the board maysolicit new proposals using different design criteria, budget constraints orqualifications.

      (D)   The contract to perform construction management at-risk services for aproject shall beprepared by the board and entered into between the board and the firmperforming such construction management at-risk services. A constructionmanagement at-risk contract utilizing acost plus guaranteed maximum price contract value shall return all savingsunder the guaranteedmaximum price to the school district.

      (E)   The board or the construction manager at-risk, at theboard's discretion shall publish aconstruction services bid notice in the official newspaper of the schooldistrict and website of astatewide school board association or construction industry association and insuch otherappropriate manner for the construction manager or general contractor as may bedetermined by theboard. Each construction services bid notice shall include the request for bidsand other biddinginformation prepared by the construction manager or general contractor and theboard. The board may allow the construction manager or general contractor toself-perform constructionservices provided the construction manager or general contractor submits asealed bid proposalunder the same conditions as all other competing firms. At the time for openingthe bids, theconstruction manager or general contractor shall evaluate the bids and shalldetermine the lowestresponsible bidder except in the case of self-performed work for which theboard shall determinethe lowest responsible bidder. The construction manager or general contractorshall enter into acontract with each firm performing the construction services for the projectand make a publicannouncement of each firm selected at the first school board meeting followingthe selection.

      History:   L. 2008, ch. 148, § 12; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter72 > Article67 > Statutes_30787

72-6760f

Chapter 72.--SCHOOLS
Article 67.--SCHOOL UNIFICATION ACTS

      72-6760f.   Procedures; construction managementat-risk projects.Construction management at-risk project delivery procedures shall beconducted as follows:

      (a)   The board shall determine the scope and level of detail required topermit a qualifiedconstruction manager or general contractor to submit construction managementat-risk proposals in accordance with the request for proposals given the natureof the project.

      (b)   Prior to completion of the construction documents, or as early as duringthe initiation of the project, the construction manager or general contractorshall be selected. The project design professional may be employed or retainedby the board to assist in the selection process.

      (c)   The board shall publish a notice of the request for qualifications andproposals for therequired project services at least 15 days prior to the commencement of suchrequests inthe official newspaper of the school district and with a statewide school boardor constructionindustry association website in accordance with K.S.A. 64-101, and amendmentsthereto, andin such other appropriate manner as may be determined by the board.

      (d)   The board shall solicit proposals in a three stage qualifications basedselection process.Phase I shall be the solicitation of qualifications and prequalifying a minimumof three but nomore than five construction manager or general contractors to advance to phaseII. Phase IIshall be the solicitation of a request for proposal for the project, and phaseIII shall include aninterview with each proposer to present their qualifications and answerquestions.

      (1)   Phase I shall require all proposers to submit a statement ofqualifications which shallinclude, but notbe limited to:

      (A)   Similar project experience;

      (B)   experience in this type of project delivery system;

      (C)   references from design professionals and owners from previous projects;

      (D)   description of the construction manager or general contractor's projectmanagement approach; and

      (E)   bonding capacity. Firms submitting a statement of qualifications shall becapable ofproviding a public works bond in accordance with K.S.A. 60-1111, and amendmentsthereto, and shall present evidence of such bonding capacity to the board withtheir statement or qualifications. If a firm fails to present such evidence,such firm shall be deemed unqualified for selection under this subsection.

      (2)   The board shall evaluate the qualifications of all proposers inaccordance with the instructions of the request for qualifications. The boardshall prepare a short list containing a minimum of three and maximum of fivequalified firms, which have the best and mostrelevant qualifications to perform the services required of the project, toparticipate in phase IIof the selection process. If the board receives qualifications from less thanfour proposers, allproposers shall be invited to participate in phase II ofthe selection process. The board shall have discretion to disqualify anyproposer that, in the board's opinion, lacks theminimal qualifications required to perform the work.

      (3)   Phase II of the process shall be conducted as follows:

      (A)   Prequalified firms selected in phase I shall be given a request forproposal. The requestfor proposal shall require all proposers to submit a morein depth response including, but not be limited to:

      (i)   Company overview;

      (ii)   experience or references, or both, relative to the project underquestion;

      (iii)   resumes of proposed project personnel;

      (iv)   overview of preconstruction services;

      (v)   overview of construction planning;

      (vi)   proposed safety plan;

      (vii)   fees, including fees for preconstruction services, fees for generalconditions, feesfor overhead and profit.

      (4)   Phase III shall be conducted as follows:

      (A)   Once all proposals have been submitted, the selection recommendationcommittee shall interview all of the proposers, allowing the competing firms topresent their proposedteam members, qualifications, project plan and to answer questions. Interviewscores shall not account for more than 50% of the total possible score.

      (B)   The selection recommendation committee shall select the firmproviding the best valuebased on the proposal criteria and weighting factorsutilized to emphasize important elements ofeach project for approval by the board. All scoring criteria and weightingfactors shall beidentified by the board in the request for proposal instructions to proposers.The selection recommendation committee shall proceed to negotiate with andattempt to enter into contractwith the firm receiving the best total score to serve as the constructionmanager or generalcontractor for the project. Should the selection recommendation committee beunable to negotiate a satisfactory contract with the firm scoring the besttotal score, negotiations with that firm shall be terminated, and the committeeshall undertake negotiations with the firm with the next best total score, inaccordance with this act.

      (C)   If the selection recommendation committee determines, that it is not inthe best interest of the board to proceed with the project pursuant to theproposals offered, the selectionrecommendation committee shall reject all proposals. If all proposals arerejected, the board maysolicit new proposals using different design criteria, budget constraints orqualifications.

      (D)   The contract to perform construction management at-risk services for aproject shall beprepared by the board and entered into between the board and the firmperforming such construction management at-risk services. A constructionmanagement at-risk contract utilizing acost plus guaranteed maximum price contract value shall return all savingsunder the guaranteedmaximum price to the school district.

      (E)   The board or the construction manager at-risk, at theboard's discretion shall publish aconstruction services bid notice in the official newspaper of the schooldistrict and website of astatewide school board association or construction industry association and insuch otherappropriate manner for the construction manager or general contractor as may bedetermined by theboard. Each construction services bid notice shall include the request for bidsand other biddinginformation prepared by the construction manager or general contractor and theboard. The board may allow the construction manager or general contractor toself-perform constructionservices provided the construction manager or general contractor submits asealed bid proposalunder the same conditions as all other competing firms. At the time for openingthe bids, theconstruction manager or general contractor shall evaluate the bids and shalldetermine the lowestresponsible bidder except in the case of self-performed work for which theboard shall determinethe lowest responsible bidder. The construction manager or general contractorshall enter into acontract with each firm performing the construction services for the projectand make a publicannouncement of each firm selected at the first school board meeting followingthe selection.

      History:   L. 2008, ch. 148, § 12; July 1.