State Survey of P3 Authorizing Statutes: Kansas

Kansas Senate Bill 55 ‐ Approved by Governor on Friday, April 7, 2017

Summary

Authorizes the state to utilize Public‐private partnerships for public construction projects. A performance bond and payment bond in amounts equal to the full contract amount are required for contracts over $100,000. This act is supplemental to Kansas Statutes Annotated, Chapter 16, Article 19, Kansas Fairness in Public Construction Act.

Excerpt:

Section 1. (a) Prior to entering into a contract in any sum exceeding $100,000 with an owner that involves a public‐private agreement, the contractor shall furnish to the owner or owner’s agent the following bonds, which shall be placed with good and sufficient sureties as determined by the public owner and shall become binding upon the award of the contract by the owner or owner’s agent to the contractor:

(1) If a performance bond is not otherwise required pursuant to state law, a performance bond in an amount equal to the full contract amount conditioned upon the faithful performance of the contract in accordance with plans, specifications and conditions thereof, made solely for the protection of the owner awarding the contract; and

(2) a payment bond in an amount equal to the full contract amount solely for the protection of claimants supplying labor or materials to the contractor or subcontractors in the performance of the work.