Arkansas Administrative Code

22 CAR § 111-303. Design professional (multiple-project type) contracts. (a)(1) In some instances, departments may elect to enter into a standard professional services contract with an architect, engineer, or consultant for multiple minor projects or minor projects which are time…

22 CAR § 111-304. Lump sum or hourly fees (not to exceed). (a) As an alternative to the fees as a percentage of construction cost set forth in 22 CAR § 111-212, the department may negotiate a lump sum or hourly (not-to-exceed) fee contract, subject to approval by the Design Revie…

22 CAR § 111-305. Additional services fees. (a)(1) Fees for additional services may be based on lump-sum or hourly (not-to-exceed) unit prices. (2) Additional services fees shall be agreed upon in writing prior to the encumbrance of expense. (b)(1) Multipliers for additional serv…

22 CAR § 111-306. Multipliers for reimbursable expenses. (a)(1) Certain contracts, such as the AIA document, “Abbreviated”, "Standard Form of Agreement Between Owner and Architect", provide for the use of multipliers when computing the expenses incurred by the architect (design p…

22 CAR § 111-307. Acceptable/allowable reimbursable expenses. (a) Certain expenses will be incurred during a construction project which may need to be included in all standard professional services contracts and included as allowances in the design professional's contract under “…

22 CAR § 111-308. Unacceptable reimbursable expenses. (a) Professional service contracts and invoices for services shall not list any of the following as a reimbursable expense: (1) Mileage to and from a project site at any time; (2) Any other connected travel expenses such as me…

22 CAR § 111-309. Progress payments to the design professional (rendering of compensation). (a)(1) While contract requirements may vary greatly, a mutually agreed upon method of rendering of compensation shall be established in the standard professional services contract under Se…

22 CAR § 111-310. Projects with fixed limits of construction cost. (a)(1) Where applicable, the department and the design professional may jointly agree to a fixed limit of construction cost as a condition of a standard professional services contract between the department and th…

22 CAR § 111-311. Projects exceeding construction funding after bidding. (a) After bids have been opened and reviewed, if all bids exceed the maximum allowed for negotiations pursuant to Arkansas law and it becomes apparent the project cannot be awarded because of budget overruns…

22 CAR § 111-312. Omissions and errors in construction documents. (a) Omissions or errors in construction documents often arise from unrealistic project schedules, lack of communication, failure to coordinate, review, or edit construction documents accordingly, as well as other s…

22 CAR § 111-313. Design professional’s liability insurance. (a)(1) The design professional shall carry professional liability insurance covering negligent acts, errors, and omissions. (2) A copy of the current certificate of insurance shall be included as an attachment to the st…

22 CAR § 111-314. Other insurance required of the design professional. (a) Prior to the start of any work under the professional services agreement, the design professional shall provide the department with certificates of insurance forms approved by the state and shall maintain …

22 CAR § 111-315. Professional services contract. (a)(1) Selection of architect, landscape architects, interior designers, engineers, land surveyors, and other related building consultants shall be coordinated and verified by the Design Review Section. (2) When the department has…

22 CAR § 111-316. Attachments to the professional services contract. (a)(1) The department and design professionals may wish to add attachments to the standard professional services contracts. (2) These attachments may be used to clarify the extent of the professional services, e…

22 CAR § 111-317. Amendments to professional services contract. (a) Any modification to an existing standard professional services contract requires the submission of an amendment for approval by all parties, as per the original contract, including, but not limited to: (1) Change…

22 CAR § 111-401. Procedures for project development and construction generally. [This section is intentionally left blank.]

22 CAR § 111-402. Initiation of project. (a)(1) Many projects begin with a needs analysis and planning for the acquisition of property or space to be developed or renovated. (2) For major projects, this process begins months or years before a budget and appropriation request can …

22 CAR § 111-403. Feasibility study requirements. (a)(1) A feasibility study may be required to determine the: (A) Initial building program needs; (B) Property requirements; (C) Probable construction cost; and (D) Site improvement cost. (2) The study may include but not be limite…

22 CAR § 111-404. Programming. (a)(1) Unless otherwise negotiated, basic programming costs for a project are not covered under basic services provided in a standard professional services contract. (2) The department shall provide the design professional with a minimum program of …

22 CAR § 111-405. Financing and contingency budgeting. (a) Authorization to proceed with the project will be given to the department providing appropriate funding is available for the project. (b)(1) It is recommended that all cost estimates for construction, all projected buildi…

22 CAR § 111-406. Project coordinator. (a)(1) The department shall assign a project coordinator. (2) The name and position of the project coordinator shall be submitted to the Building Authority Division, on a form approved by the division, for recording with the first review sub…

22 CAR § 111-407. Building codes adopted. (a)(1) The adopted building code for state projects is the Arkansas Fire Prevention Code, 12 CAR pt. 15, as adopted by the Division of Arkansas State Police, State Fire Marshal’s office. (2) Arkansas laws and this subchapter shall have pr…

22 CAR § 111-408. Regulatory entities’ review. (a)(1) In addition to reviews completed by the Design Review Section, design professionals are encouraged to work closely with municipal building officials and/or fire chiefs throughout the planning stages of state-funded capital imp…

22 CAR § 111-409. Unacceptable design configurations. (a) Certain configurations have proven too expensive or result in excessive maintenance activity or utility costs. (b)(1) The following configurations shall not be accepted for use in state-owned building designs unless they a…

22 CAR § 111-410. Phased projects. (a) Where a project size or complexity requires funding in stages and takes many years to complete, the department and design professional shall take the following steps to ensure project completion in a timely and prudent manner: (1) Be aware t…

22 CAR § 111-411. Project schedule. (a) Prior to commencing the design work, the project coordinator shall submit to the Design Review Section a projected project schedule developed in conjunction with the design professional, which shall include the following anticipated dates: …

22 CAR § 111-501. Building commissioning generally. (a) Commissioning is a systematic process of design to ensure that building systems perform interactively according to the design intent and the owner’s operational needs. (b) This is best achieved beginning in the design phase …

22 CAR § 111-502. Need for commissioning. (a)(1) Today’s buildings and our expectations in their performance are becoming increasingly sophisticated. (2) Like any sophisticated machine, a building: (A) Should be set up and balanced to operate properly; and (B) May require a perio…

22 CAR § 111-503. Types of commissioning. (a)(1) Commissioning is a systematic process of ensuring that building systems perform interactively according to the design intent and the department’s operational needs. (2) This is achieved beginning prior to the design phase by docume…

22 CAR § 111-504. Commissioning agent. (a)(1) The relationship of the commissioning agent or the TAB technician to the department is critical to the success of the project. (2) The commissioning agent should be under direct contract to the department and should act as the departm…

22 CAR § 111-505. Submittal requirements. (a) Commissioning plans and specifications that are developed as a part of a commissioning project must be submitted to the Design Review Section for review and approval prior to issuing to the construction contractor. (b) Input from the …

22 CAR § 111-601. Asbestos survey and management plans generally. (a) It shall be the policy of the Building Authority Division that state-owned buildings be surveyed for asbestos containing materials (ACM) before demolition or construction work begins or where otherwise required…

22 CAR § 111-602. Asbestos projects generally. (a) The Division of Environmental Quality regulates activities related to asbestos containing materials (ACM). (b) Refer to the division’s Asbestos Abatement Rule, 20 CAR pt. 860, for the state’s policies and procedures related to AC…

22 CAR § 111-603. Asbestos projects subject to Building Authority Division review and approval. (a) When a department contemplates an asbestos abatement project wherein a separate abatement contractor and the estimated cost of the abatement contract exceeds the limits shown in 22…

22 CAR § 111-604. Asbestos consultants. (a) Unless adequately trained, experienced, and licensed personnel are employed by a department, the Building Authority Division recommends that private sector licensed asbestos consultants be utilized to: (1) Survey; (2) Investigate; (3) P…

22 CAR § 111-605. Plan review submittals. (a) For projects subject to Building Authority Division approval, before a bid date is provided, these documents shall be reviewed and approved by the Design Review Section. (b) A designer who is properly licensed by the Division of Envir…

22 CAR § 111-606. Project supervision and monitoring. (a) Abatement contractor activities should be adequately supervised and monitored by the asbestos consultant. (b) The frequency of inspections and type of air monitoring shall be as established by federal and state laws and ru…

22 CAR § 111-701. Floodplain management program compliance. It shall be the policy of the Building Authority Division to ensure that all state properties coming under division jurisdiction shall comply with the floodplain management program.

22 CAR § 111-702. Authorization. (a)(1) The Design Review Section shall review all capital improvement projects to determine whether the proposed development will be reasonably safe from flooding. (2) If the proposed site is within a flood-prone area, a development permit shall b…

22 CAR § 111-703. Development subject to permitting requirements. (a) Developments subject to the Building Authority Division floodplain management program include but are not limited to improvements to, or new construction of buildings, structures, mining, dredging, excavating, …

22 CAR § 111-704. Procedures. (a) Any department considering the development of any construction project or wishing to enter any existing structures in participation in the National Flood Insurance Program, shall adhere to the following procedures: (1) Submit the exact location a…

22 CAR § 111-705. Permits. (a)(1) When a department proposes to develop property within the boundaries of the hundred-year floodplain or a Building Authority Division designated flood hazard area, the department shall submit an application for a development permit on a form appro…

22 CAR § 111-706. Federal Emergency Management Agency designations and types. (a)(1) The Federal Emergency Management Agency is the official source for all floodplain maps used in the Building Authority Division floodplain management program. (2) The Federal Emergency Management …

22 CAR § 111-707. General requirements. (a)(1) Encroachment, including fill, new construction, substantial improvements, and other development are prohibited within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed…

22 CAR § 111-708. Elevation requirements in floodplains. (a) Elevation of the lowest floor level for structures and the elevations of equipment pads for equipment located in the floodplain shall be as shown in this section. (b) Where no Federal Emergency Management Agency map exi…

22 CAR § 111-709. Recommended development types in a floodplain. (a)(1) While it is strongly desirable to prohibit development within the floodplain, the Building Authority Division recognizes that there are beneficial developments that, when constructed properly, can provide vit…

22 CAR § 111-710. Structures not permitted below the base flood elevation. (a) Residential structures, institutional restrained occupancy facilities, hazardous materials storage, educational facilities, emergency services facilities, and office buildings shall not be constructed …

22 CAR § 111-711. Structures that may be permitted below the base flood elevation. (a)(1) Nonresidential structures may be permitted if dry flood proofed or wet flood proofed subject to Design Review Section approval. (2) Types of structures that will be considered include but ar…

22 CAR § 111-712. Manufactured homes and portable buildings. (a)(1) Manufactured homes or portable office or classroom buildings should not be located in a floodplain if other property at the site or campus is outside of the floodplain. (2) When these types of structures must be …

22 CAR § 111-713. Utility and site improvement projects. (a) All public utilities and facilities, such as sewer, gas, electrical, telecommunication, water systems, and roadways shall be located and constructed to minimize or eliminate flood damage. (b) Adequate drainage shall be …