Arkansas Administrative Code

27 CAR § 92-517. Step 6B: Price proposal review. (a)(1) The price proposal should represent the fixed maximum price (FMP) to the Arkansas Department of Transportation, as defined by the criteria specified in the RFP. (2) The FMP includes design, construction, management, insuranc…

27 CAR § 92-518. Step 6C: Determination of best value and selection of design-builder. (a)(1) The best value approach to contract award selects the proposal in which the combination of technical, quality, operating, and pricing factors most closely meet or exceed the Arkansas Dep…

27 CAR § 92-601. Design-build contract administration. (a)(1) After selection of a design-builder and execution of the design-build agreement (DBA), the Arkansas Department of Transportation takes on the roles of contract administration and quality management during the project i…

27 CAR § 92-602. Department implementation team. (a)(1) A department implementation team (DIT) will be required to perform the Arkansas Department of Transportation design and construction contract administration throughout the implementation phase of the project. (2) The DIT req…

27 CAR § 92-603. Roles of the DIT members. (a)(1) The roles of the DIT members are all impacted by the special provisions of the DBA, including any project-specific special specifications/provisions to Arkansas Department of Transportation standard specifications and administrati…

27 CAR § 92-604. Contract administration. (a)(1) The DBA provisions should define the authority of the: (A) Resident engineer; (B) Assistant resident engineer; (C) IA; and (D) OVTI personnel. (2) The provisions should state that the resident engineer will have the authority to en…

27 CAR § 92-605. Project preconstruction site visit. (a) The RFP provisions should include a requirement for a preconstruction site visit including the Arkansas Department of Transportation and design-builder. (b) The site visit is intended to familiarize participants with the pr…

27 CAR § 92-606. Design and construction document preparation. (a) Design documents preparation. (1)(A) The design-builder will initiate the final design effort by completing the necessary investigations and studies required by the proposed design and the DBA. (B) The scope of wo…

27 CAR § 92-607. Plan review and oversight. (a)(1) The typical DB-B process of the Arkansas Department of Transportation involves a design approval decision point that is not incorporated into the D-B process. (2) When awarding the D-B contract, the department is acknowledging th…

27 CAR § 92-608. Preconstruction conference/meeting. (a) Prior to the start of construction, the design-builder should conduct a preconstruction conference. (b)(1) The traditional preconstruction conference activities associated with DB-B construction should also occur with D-B c…

27 CAR § 92-609. Reestablish survey control/construction surveying. (a) Project survey control should normally be provided by the Arkansas Department of Transportation and be established during the development of the project. (b) The design-builder will reestablish survey control…

27 CAR § 92-610. Materials testing. (a)(1) The transition from the more traditional DB-B prescriptive specifications and plans to D-B performance specifications requires a change in methods of measurement of quality. (2) The Arkansas Department of Transportation should establish …

27 CAR § 92-611. Construction inspection. (a)(1) The Arkansas Department of Transportation inspection in a D-B process should be less extensive than under the DB-B process, depending on the construction schedule and the type of project. (2) The primary role of the department shou…

27 CAR § 92-612. Contract changes. (a)(1) Arkansas Department of Transportation initiated modifications to the DBA after proposal submission should generally be limited to areas which the requirements included in the RFP cannot be easily addressed or known by the design-builder d…

27 CAR § 92-613. Construction documentation. (a) Much of the construction documentation collected under the DB-B process should still be required under a D-B process, such as materials certifications. (b) The RFP and DBA should also include provisions that require the submittal o…

27 CAR § 92-614. Progress payments. (a)(1) The selected short-list proposer (design-builder) must meet the requirements of the progress payment process established in the RFP. (2) Each proposal must include a schedule of values (SOV) in the price proposal. (3) After selection of …

27 CAR § 92-615. Warranties. (a)(1) The RFP may require a warranty for an element, a group of elements, or all of the project work, with a specified number of years (term) and the details as to what elements should be covered by the warranty. (2) In general, routine maintenance i…

27 CAR § 92-616. Contract completion. (a)(1) The process of officially completing the D-B construction portion of the project is similar to the DB-B construction process where the Arkansas Department of Transportation will conduct a final inspection and provide the design-builder…

27 CAR § 92-617. Federal Highway Administration — Department oversight process for design-build projects. (a)(1) The organization and operation of Federal Highway Administration oversight for all Arkansas Department of Transportation projects is established in the stewardship and…

27 CAR § 93-101. Purpose. This part describes the State Highway Commission's procedures for the procurement of: (1) Qualification-based, design-build services, and for administering design-build project contracts; (2) Qualification-based, design-build-finance services, and for ad…

27 CAR § 93-102. Definitions. As used in this part: (1) “Authorized entity” means a company, firm, partnership, corporation, association, joint venture, or other legal entity, including a combination of any of these entities, that has: (A) Submitted a statement of qualification (…

27 CAR § 93-103. Federal aid. (a) All federal-aid design-build projects within the highway right-of-way or linked to a federal-aid highway project, i.e., the project would not exist without another federal-aid highway project, are also subject to 23 C.F.R. § 636, which is incorpo…

27 CAR § 93-104. Optional use of design-build. (a) The use of the design-build method is solely at the discretion of the State Highway Commission and the final determination of whether a project is selected by the Arkansas Department of Transportation for utilization of design-bu…

27 CAR § 93-105. Guidelines and procedures. The State Highway Commission authorizes the Arkansas Department of Transportation to develop design-build guidelines and procedures which outline the technical details and requirements of the design-build procurement process.

27 CAR § 93-106. Design-build project procurement process. (a) The Arkansas Department of Transportation is authorized to utilize a two-step process during the procurement phase of a design-build project. (b) The department is not required to follow a two-step process. (c) If the…

27 CAR § 93-107. Confidentiality. (a) The procurement process, requisite evaluations, and selection is a very competitive process. (b) The Arkansas Department of Transportation has the obligation to keep certain proposer information confidential through the procurement and select…

27 CAR § 93-108. Request for qualifications. (a) Requests for qualifications (RFQs) shall be: (1) Project-specific; and (2) Developed by the Arkansas Department of Transportation. (b)(1) The RFQ should describe the project and scope of work and may include other requirements and/…

27 CAR § 93-109. Statement of qualification. (a) The requirements for the SOQ: (1) Are project-specific; and (2) Will be developed by the Arkansas Department of Transportation on an individual project basis. (b) The SOQ is the document submitted by a proposer that will provide th…

27 CAR § 93-110. Request for proposals. (a) Requests for proposals (RFPs) shall be: (1) Project-specific; and (2) Developed by the Arkansas Department of Transportation. (b) The RFP will be comprised of a compilation of documents which define the project components including proj…

27 CAR § 93-111. Selection. (a) The goal of the procurement process is to select the proposal that represents the best value for the project. (b) The best value approach to contract award selects the proposal in which the combination of technical, quality, operating, and pricing …

27 CAR § 93-112. Design-build project administration. (a) After selection of a design-builder and execution of the design-build contract, the Arkansas Department of Transportation takes on the responsibilities as set out and described in the design-build contract. (b) The adminis…

27 CAR § 93-113. Exclusive jurisdiction. The State Highway Commission has exclusive authority to determine those projects that will use the design-build method.

27 CAR § 94-101. Definitions. When the following terms are used, including abbreviations or pronouns, the intent and meaning shall be interpreted as follows: (1) “Appeal process” means a formal process provided for an appellant to request, in writing, an administrative hearing pu…

27 CAR § 94-102. Instructions for securing an access driveway permit. (a)(1) A request for a permit to construct any driveway or to reconstruct any existing driveway shall be made to the district engineer. (2) See Appendix A for addresses of the district offices. (b)(1) A brief d…

27 CAR § 94-201. General procedures. (a) If an applicant is denied a permit, he or she may file a written appeal with the district engineer within sixty (60) days from the notice of denial requesting an administrative hearing in accordance with the Arkansas Administrative Procedu…

27 CAR § 94-202. Notice requirements. The appellant shall be given written notice of a hearing within ten (10) business days from the date of appeal and such notice will include the following: (1) A statement of the time, place, and nature of the hearing; (2) A statement of the l…

27 CAR § 94-203. Conduct of hearing. (a)(1) The hearing officer is responsible for conducting the hearing in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., and all other applicable laws, including but not limited to the Arkansas Rule…

27 CAR § 94-204. Rendering of decisions. (a) In rendering a decision to affirm or reverse the district engineer’s decision, the hearing officer shall review the evidence, testimony, documents, and any other matters presented at the hearing and thereafter render a decision. (b) Th…

27 CAR § 94-205. Judicial review. (a) In accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., the appellant shall be advised in writing of his or her rights to seek judicial review of an adverse decision by filing a petition in circuit cou…

27 CAR § 94-301. General. (a) A commercial driveway is defined as access to and from any commercial business, housing subdivision, or public establishment adjoining a state highway. (b)(1) A permit shall be obtained from the Arkansas Department of Transportation for all access dr…

27 CAR § 94-302. Design. (a) All parts of access driveways on the highway right-of-way shall be confined within the permittee’s property frontage. (b) No changes to partial or fully controlled access facilities will be considered except by written authorization of the Deputy Dire…

27 CAR § 94-303. Location. (a)(1) Access driveways shall be located to provide adequate sight distances and safety for highway users. (2) If adequate sight distance cannot be provided, some movements at the driveway may be prohibited or access denied. (b)(1) Frontages of fifty fe…

27 CAR § 94-304. Intersections. At any intersection of a state highway with another highway, road, or street, access driveways shall be prohibited for a sufficient distance from the intersection to preserve the normal and safe movement of traffic through it, and the distance shal…

27 CAR § 94-305. Geometrics. (a) Radii for all commercial access driveways in urban areas shall be not less than five feet (5’) and in rural areas the radii shall be not less than ten feet (10’), except as provided in 27 CAR § 94-309. (b)(1) The width of access driveways shall no…

27 CAR § 94-306. Drainage. (a) Drainage in highway side ditches shall not be altered or impeded. (b) When drainage structures are required, the size of the opening, the length, and the other design features shall be approved by the engineer, and in all cases the structure shall b…

27 CAR § 94-307. Profile grade. (a) The grade of the driveway shall be so constructed as to conform to the slope of the roadway shoulder from the edge of the traveled lane to the edge of the shoulder. (b) Preferably, the profile grade of the driveway shall be constructed so the w…

27 CAR § 94-308. Safety zones. (a)(1) All parts of the highway right-of-way between the curb or shoulder line and the right-of-way line along the permittee’s property frontage, except the areas contained in the access driveway, shall be a safety zone. (2) Generally, the safety zo…

27 CAR § 94-309. Exceptions. (a) The engineer may authorize or require changes in the design when necessary to preserve the normal and safe movement of traffic or to permit reasonable access. (b) In consideration of type, speed, and volume of highway traffic and access driveway t…

27 CAR § 94-310. Construction. (a) The permittee shall furnish and install all materials, including: (1) Fill material; (2) Surfacing; and (3) Drainage structures. (b) All materials used must comply with the requirements contained in this part and/or specified by the engineer. (c…

27 CAR § 94-311. Maintenance. (a)(1) The Arkansas Department of Transportation will provide routine maintenance shoulder width, or a minimum of four feet (4’) adjacent to the edge of the travel lane across commercial drives. (2) The permittee shall make provisions for the removal…