72-1154. Criteria for use; alternative project delivery. (a) Notwithstanding any other provision of the law to the contrary, the board is hereby authorized to institute an alternative project delivery program whereby construction management at-risk procurement processes may be utilized on public projects pursuant to this act. This authorization for construction management at-risk procurement shall be for the sole and exclusive use of planning, acquiring, designing, building, equipping, altering, repairing, improving or demolishing any structure or appurtenance thereto, including facilities, utilities or other improvements to any real property, but shall not include stand-alone parking lots.
(b) The board may only approve those projects for which the use of the alternative project delivery procurement process is appropriate. In making such determination, the board shall consider the following factors:
(1) The likelihood that the alternative project delivery method of procurement selected will serve the public interest by providing substantial savings of time or money over the traditional design-bid-build delivery process.
(2) The ability to overlap design and construction phases is required to meet the needs of the end user.
(3) The use of an accelerated schedule is required to make repairs resulting from an emergency situation.
(4) The project presents significant phasing or technical complexities, or both, requiring the use of an integrated team of designers and constructors to solve project challenges during the design or preconstruction phase.
(5) The use of an alternative project delivery method will not encourage favoritism in awarding the public contract or substantially diminish competition for the public contract.
(c) When a board intends to utilize an alternative project delivery method, the board shall allow public comment on this intention at a school board meeting. Notice of this intention shall be clearly stated on the board agenda and in the official newspaper of the school district. Public comment on this intention at a board meeting shall occur before the selection process set forth in this statute may commence.
(d) Notwithstanding the provisions of K.S.A. 72-1151, and amendments thereto, if the board deems that the project does not qualify for the alternative project delivery method included under this act, then the construction services for such project shall be obtained pursuant to competitive bids and all contracts for construction services shall be awarded to the lowest responsible bidder consistent with the provisions of K.S.A. 72-1151, and amendments thereto.
History: L. 2008, ch. 148, ยง 11; July 1.
Structure Kansas Statutes
Article 11 - School District Board Of Education Powers And Duties
72-1132 Name and style of unified districts.
72-1133 Boards of education; president and vice-president; election; terms of office; duties.
72-1135 Clerk; appointment and duties.
72-1136 Treasurer; appointment and duties; surety bond required.
72-1139 Same; state board definition.
72-1140 Expenses of board of education members.
72-1141 Judgments against school districts; tax levy, use of proceeds.
72-1142 Legal successor of rights and powers; bequests and donations.
72-1144 Acquisition of real property under eminent domain power; conditions; procedures.
72-1145 Dues payments to Kansas association of school boards authorized.
72-1146 Contracts; indemnification or hold harmless provisions, void.
72-1147 Contracts; governed by Kansas law.
72-1148 Contracts; mandatory provisions.
72-1154 Criteria for use; alternative project delivery.
72-1155 Procedures; construction management at-risk projects.
72-1156 Bid proposals, other; open for public inspection.
72-1157 Parking lots excluded.
72-1161 Fiscal year of school districts.
72-1162 Annual budget and tax levy; certification.
72-1164 Profile of school district; contents; notice of availability.
72-1165 School district internet-based data reporting system.
72-1166 Compilation and report of expenditures; verification by department.
72-1167 Kansas uniform financial accounting and reporting act.
72-1169 Payments required to be paid by districts; insufficient revenues.
72-1170 Transfer of funds when school district in more than one county.
72-1174 Moneys derived from gifts or donations; transfers to community foundations.
72-1178 School activity funds.
72-1179 Special liability expense fund; uses of money.
72-1180 Special reserve fund; uses of money.
72-1181 Publication of certain financial and accountability reports; requirements.