Kansas Approves the Use of Design-Build in Transportation

The Kansas legislature passed a 10-year transportation stimulus bill as part of the Eisenhower Transportation Legacy Program to help counter the economic damage from the Covid 19 pandemic. The bill re-authorizes the Kansas Department of Transportation to use alternative delivery methods like Design-Build and Construction Management at Risk (CMAR). KDOT had Design-Build authority for a Design-Build pilot project, but that authority expired upon completion of the project.

Key Provisions of the Eisenhower Transportation Legacy Program

  • An authorization for Design-Build and CMAR more than $100 million
  • Up to three percent of the funds spent on the program can go towards alternative delivery projects until the year 2023. In 2023, that number will increase to five percent.
  • Up to three projects utilizing toll revenues may use Design-Build or CMAR, and these projects would not count toward the project limit
  • Projects obtained through federal grants or federal stimulus shall not be considered in determining the limits set forth
  • KDOT would develop rules and procedures for Design-Build and CMAR
  • $300 million will go towards fast-tracked projects using DB and CMAR

The bill passed the House 112-3 and the Senate 37-2 the bill now awaits Governor Kelly’s signature. The ability to utilize design-build on transportation projects is a huge success for design-build in the state of Kansas and will play a big role in the way transportation projects are built throughout the state going forward.

This change in Kansas also means we’ve updated our DBIA State Authorization map to show the state’s expanded authority.