Agency number 017.00
Department of Transformation and
Shared Services
Division of Building Authority
MINIMUM STANDARDS & CRITERIA
Effective October 2022
Agency number 017.00
TABLE OF CONTENTS
SECTION ONE: GENERAL/DEFINITIONS
Section
Title
Page
1-100
Scope
1-1
1-101
Purpose
1-1
1-102
Function
1-1
1-103
Organization
1-1
1-104
Regulatory Authority
1-1
1-105
Definitions
1-2
SECTION TWO: DESIGN REVIEW SECTION
Section
Title
Page
2-100
Design Professional Services Selection Procedures
2-1
2-101
Selection Authority Schedule
2-1
2-102
Authorization to Conduction Selection
2-2
2-103
Public Notifications Required
2-3
2-104
Design Professional Qualifications
2-3
2-105
Responding Procedures
2-4
2-106
Selection Method
2-4
2-200
Standard Fee Schedule for Professional Services
2-6
2-201
Design Professional’s Basic Services Defined
2-7
2-202
Architectural/Building Related Engineering Services Fees
2-8
2-203
Other Design Professional Services
2-8
2-204
Seismic Design Fee Allowances
2-9
2-205
Specialized Consultants
2-9
2-206
Interior Design Services
2-9
2-207
Boundary or Topographic Land Surveying Services Fees
2-10
2-208
Geo-Technical Engineering Services Fees
2-10
2-209
Environmental Engineering Services Fees
2-10
2-210
Asbestos Consultant Fees
2-10
2-211
Design Services Fee Schedule
2-10
2-300
Professional Services Contract Development
2-11
2-301
Project Specific Type Contracts
2-12
2-302
Design Professional (Multiple Project Type) Contracts
2-12
2-303
Lump Sum or Hourly Fees (Not to Exceed)
2-13
2-304
Additional Services Fees
2-13
2-305
Multipliers for Reimbursable Expenses
2-13
2-306
Acceptable/Allowable Reimbursable Expenses
2-14
2-307
Unacceptable Reimbursable Expenses
2-15
2-308
Progress Payments to the Design Professionals
2-15
2-309
Projects with Fixed Limits of Construction Cost
2-16
2-310
Projects Exceeding Construction Funding After Bidding
2-16
2-311
Omissions and Errors in Construction Documents
2-17
2-312
Design Professional’s Liability Insurance
2-18
2-313
Other Insurance Required of the Design Professional
2-19
2-314
Professional Services Contract
2-20
2-315
Attachments to the Professional Services Contract
2-20
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2-316
Amendments to Professional Services Contract
2-21
2-400
[INTENTIONALLY LEFT BLANK]
2-401
Initiation of a Project
2-21
2-402
Feasibility Study Requirements
2-22
2-403
Programming
2-23
2-404
Financing and Contingency Budgeting
2-23
2-405
Project Coordinator
2-23
2-406
Building Codes Adopted
2-25
2-407
Regulatory Entities’ Review
2-25
2-408
Unacceptable Design Configurations
2-26
2-409
Phased Projects
2-27
2-410
Project Schedule
2-28
2-500
Building Commissioning
2-28
2-501
Need for Commissioning
2-28
2-502
Types of Commissioning
2-29
2-503
Commissioning Agent
2-30
2-504
Submittal Requirements
2-30
2-600
Asbestos Surveys and Management Plans
2-30
2-601
Asbestos Projects General
2-31
2-602
Asbestos Projects Subject to DBA Review/Approval
2-31
2-603
Asbestos Consultants
2-31
2-604
Plan Review Submittals
2-32
2-605
Project Supervision and Monitoring
2-32
2-700
Floodplain Management Program Standards
2-32
2-701
Authorization
2-32
2-702
Development Subject to Permitting Requirements
2-32
2-703
Procedures
2-33
2-704
Permits
2-33
2-705
FEMA Map Designations and Types
2-35
2-706
General Requirements
2-36
2-707
Elevation Requirements in Floodplains
2-37
2-708
Recommended Development Types in a Floodplain
2-37
2-709
Structures Not Permitted Below the Base Flood Plain Elevation
2-39
2-710
Structures Permitted Below the Base Flood Plain Elevation
2-39
2-711
Manufactured Homes and Portable Buildings
2-40
2-712
Utility and Site Improvement Projects
2-41
2-713
Variance
2-41
2-714
Reporting a Flood Event
2-43
2-800
Energy Conservation
2-43
2-801
Life Cycle Cost Analysis
2-44
2-802
Automated Controls
2-44
2-803
Manual Controls
2-45
2-804
Equipment Efficiency
2-45
2-805
Energy Star Building Program
2-45
2-900
Design Standards
2-46
2-901
Design Philosophy
2-46
2-902
Design Standards and Requirements for Owner/Department
2-47
2-903
Specification Standards
2-48
2-904
Drawing Standards
2-53
2-905
Quality Control
2-56
2-1000
Accessibility for Individuals with Disabilities Standard
2-57
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2-1001
Review Authority
2-57
2-1002
Acts, Code, and Standards
2-57
2-1003
Owner/Department Responsibilities
2-58
2-1004
Construction Documents Submittal Requirements
2-59
2-1100
Grading Standards
2-60
2-1101
Standards for Grading Around Structures
2-60
2-1102
Standards for Grading Streets and Ways
2-60
2-1103
Standards for Drainage Channels
2-61
2-1200
Roofing System Requirements
2-61
2-1201
Determination of the Proper Roof System
2-61
2-1202
Steep Roofing
2-62
2-1203
Unconventional Roofing System
2-62
2-1204
Roof System Components
2-62
2-1205
Rooftop Mounted Mechanical Equipment
2-67
2-1206
Minimum Roof Slopes for Positive Roof Drainage
2-68
2-1207
Roof Access Requirements
2-68
2-1208
Workmanship/Quality Control
2-68
2-1300
Fundamental Mechanical/Electrical Requirements
2-73
2-1301
General Requirements
2-73
2-1302
Mechanical Systems
2-74
2-1303
Plumbing Systems
2-76
2-1304
Electrical Systems
2-76
2-1400
Fundamental Cabling Systems Requirements
2-77
2-1401
Planning Requirements
2-78
2-1402
Telecommunications Rooms
2-78
2-1403
Cabling Standards
2-79
2-1404
Wire Management
2-79
2-1405
Identification
2-80
2-1406
Documentation
2-81
2-1500
Plan Review Requirements
2-81
2-1501
Plan Review Authority
2-81
2-1502
Plan Review Schedule
2-82
2-1503
Plan Review Submittal Requirements
2-82
2-1504
Plan Review Drawing Requirements
2-84
2-1600
[INTENTIONALL LEFT BLANK]
2-1601
Department Approval
2-101
2-1602
Bid Date Requests or Request to Proceed with Construction
2-101
2-1603
Contract Documents Provided to the General Contractor
2-102
2-1604
Record Copies of Project Documents
2-102
2-1605
Design Professional Project Observation Requirements
2-103
2-1700
Capital Improvement Alternative Delivery Methods
2-104
2-1701
Project Criteria
2-104
2-1702
Selection of Design Professionals
2-104
2-1703
Selection Method for Design Professionals
2-104
2-1704
Basic Services Defined
2-104
2-1705
Project Schedule
2-105
2-1706
Plan Review Requirements
2-105
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SECTION THREE: CONSTRUCTION
Section
Title
Page
3-100
Introduction
3-1
3-101
Capital Improvements
3-1
3-102
Department Officials
3-1
3-200
Capital Improvement Request/General Requirements
3-1
3-201
Contracts
3-2
3-202
Emergency Contracting
3-3
3-203
Sole Source Contracting
3-4
3-204
Split Purchases
3-5
3-205
Capital Improvements for Leased Premises
3-5
3-300
Bidding Rules
3-5
3-301
Bidding Prerequisites
3-5
3-302
Plans and Specifications
3-6
3-303
Advertising/Pre-Bid Conference
3-6
3-304
Bid Announcements
3-7
3-305
Bid Date and Location
3-7
3-306
Sealed Bids
3-7
3-307
Authority for Opening Bids
3-7
3-308
Bid Opening and Recording
3-7
3-309
Bid Tabulation
3-8
3-310
Scrivener Errors
3-8
3-311
Contractor’s License
3-8
3-312
Bid Security
3-9
3-313
Subcontractor’s Bids
3-9
3-314
Alternates
3-9
3-315
Contract Award
3-9
3-316
Davis-Bacon Act (Federal Funds)
3-10
3-317
[INTENTIONALLY LEFT BLANK]
3-318
Contractor’s Insurance Requirements
3-10
3-319
Acknowledgement of Addenda
3-13
3-320
Contract Time
3-13
3-321
Late Bids
3-13
3-322
Modification of Bids
3-14
3-323
Withdrawal of Bids
3-14
3-324
Qualifications of Contractors
3-14
3-325
Obligations of Bidders
3-17
3-326
Additions to or Deletions from the Documents
3-17
3-327
Announcing Low Bidder
3-18
3-328
Protests
3-18
3-329
Resolution of Protest
3-18
3-330
Unsuccessful Bid
3-18
3-400
Contract Administration
3-18
3-401
Construction Observations
3-18
3-402
Invoice/Pay Request
3-19
3-403
Liquidated Damages
3-20
3-404
Design Professional Contract Administration Responsibilities
3-20
3-405
Award of Contract
3-21
3-406
Construction Contracts
3-21
3-407
Pre-Construction Conferences
3-22
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3-408
Change Orders
3-22
3-500
Project Closeout
3-23
3-501
Record Drawings
3-24
3-502
Delivery of Guarantees, Bonds, and Maintenance Manuals
3-24
3-503
Completion Certificates, Affidavits
3-24
3-504
Duties of Design Professional on State Projects
3-25
3-600
Payment Requests
3-25
3-601
Payments
3-26
3-602
Final Payments
3-26
3-603
Delay in Processing Payments Documents
3-26
3-700
Capital Improvement Alternative Delivery Methods
3-26
3-701
Project Criteria
3-27
3-702
Selections and Contract Award Process
3-27
3-703
Contract Oversight
3-28
3-800
Capital Improvement Historic Sites
3-28
3-801
Project Criteria
3-28
SECTION FOUR: BUILDING OPERATIONS
Section
Title
Page
4-100
Introduction
4-1
4-101
Preventive Maintenance Requirements
4-1
4-102
Building Cleaning and General Building Management
4-2
4-103
Building Rules and Regulations
4-3
SECTION FIVE: REAL ESTATE SERVICES
Section
Title
Page
5-100
Purpose
5-1
5-101
Real Estate Services Responsibility
5-1
5-102
Determination by DBA of Desirability of Available Space
5-4
5-103
DBA Policy for Leasing
5-5
5-104
DBA Space Allocations Standards for Lease Space
5-9
5-105
DBA Lease Forms #1 and #2
5-11
State Lease Form #1 (Private Lessors)
5-11
State Lease Form #2 (DBA as Lessor)
5-16
SECTION SIX: REAL PROPERTY TRANSFERS
Section
Title
Page
6-100
Real Property Offer and Acceptance (Purchase)
6-1
6-101
Closing of Real Property (Purchase/Sale)
6-1
6-102
Exemption from Real Property Taxes
6-2
6-103
Sale of Real Property
6-2
6-104
Protest
6-2
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SECTION ONE - GENERAL/DEFINITIONS
1-100 SCOPE
This document shall be known as the Department of Transformation and Shared Services, Division
of Building Authority Minimum Standards and Criteria (MSC). Copies of this manual may be
obtained from Division of Building Authority (DBA). It may also be examined in the Office of the
Secretary of State DBA maintains a website at http://www.transform.ar.gov/building-authority/
. The
MSC may also be reviewed or downloaded from this site. The purpose of this document is to
establish standards and procedures as required by Ark. Code Ann. § 22-2-101 et seq. and by other
applicable laws.
1-101 PURPOSE
DBA has various duties and responsibilities involving capital improvements, real estate transfers
and leases. Capital improvements are overseen and managed in part by the Construction, Design
Review, and Building Operations Sections. The Real Estate Services Section oversees the state
leasing of publicly or privately owned space as well as transfers of State real property.
1-102 FUNCTION
Although DBA has specific tasks, which it carries out basis, it also has within its organization the
expertise to serve various state entities in the resolution of special problems relating to state-owned
and leased buildings. Other functions of DBA are described by law and as determined by the DBA
Director or the Department of Transformation and Shared Services Secretary.
1-103 ORGANIZATION
(A) DBA functions under the guidance of the Secretary of the Department of Transformation and
Shared Services (TSS) pursuant to Ark. Code Ann. § 22-2-101 et seq., also known as the
Building Authority Division Act. DBA is empowered to establish policies, guidelines,
standards, and procedures to guide and govern the division, however in certain instances,
DBA may promulgate rules of its own.
(B) The daily operation of DBA is administered by a Director who reports to the TSS Secretary.
Four sections are established within DBA having duties specifically assigned by law and
with the administrator of each office being directly responsible to the DBA Director. These
sections are the Building Operations Section, the Construction Section, the Design Review
Section, and the Real Estate Services Section. The DBA Director may transfer duties and
functions among the various sections of DBA and effect any other organizational or
administrative changes that may be necessary to bring about the efficient and effective
implementation of the applicable laws.
1-104 REGULATORY AUTHORITY
The authority of DBA to issue rules is established by Ark. Code Ann. § 22-2-101 et seq. All
departments, divisions, and other entities within DBA jurisdiction are within the jurisdiction of the
MSC, including Institutions of Higher Education who have entered into agreements with DBA
pursuant to Ark. Code Ann. § 22- 2-113(b)(1).
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1-105 DEFINITIONS
(1) Americans with Disabilities Act Accessibility definitions are located in §2-1000.
(2) Addendum/Addenda means a supplement or supplements to the bid documents, issued
prior to the submission of bids, for the purpose of clarifying, correcting, deleting, or adding to
the bid documents previously issued.
(3) Department means any department, division, or other entity of the state including boards,
commissions, agencies, and institutions of higher learning, which are under the jurisdiction
of DBA pursuant to Arkansas laws or rules.
(4) Alteration means work performed to change the interior arrangement or other physical
characteristics of an existing facility or installed equipment so that it can be adapted to a
new use.
(5) Bid Documents means all documents associated with the bid process, which includes but
are not limited to the advertisement, invitation to bid, instruction to bidders, the bid form, and
the proposed contract documents including any addenda issued prior to the receipt of bids.
(6) Bid Formalities means requirements established by statute for bidding that shall not be
waived.
(7) Bid Tabulation means a tabulation of all bids received, reflecting bidders name, address,
license number (if applicable), amount of bid(s), receipt of bid bond, acknowledgement of
addenda, and sub-contractors' names.
(8) Building or Facility means all or any portion of building, structures, equipment, roads, walks,
parking lots, parks, sites, or other real property or interest in such property.
(9) Building Operations Administrator means the Building Authority Division Building Operations
Section Administrator.
(10) Building Operations Section means the Building Authority Division Building Operations
Section.
(11) Capital improvement means all lands, buildings, structures, utilities, on-site and off- site
improvements, and other appertaining improvements, existing or future, and all construction,
repairs, alterations, demolitions, and renovations thereof which are undertaken, owned,
operated, or otherwise managed by a department except those exempted by law or
regulation. However, demolitions used within this meaning, pertains to the
bidding/awarding/contracting of such projects and does not in any way abrogate the rules
pertaining to the TSS M&R program.
(12) Change Order is defined as an amendment to the contract that is a written authorization
executed by the Owner, Design Professional, Contractor, and approved by DBA to change
the design or scope of work from the original plans, specifications, or other contract
documents. This can include changes in price and time to complete the project. A change
order must fall within the original capacity of the project. Upon proper execution and DBA
approval, the change order modifies the original contract between Owner and Contractor
and becomes part of the contract documents.
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(13) Commissioning means a systematic process of ensuring that building systems perform
interactively according to the design intent and the Owner’s operational needs. This is
achieved beginning in the design phase by documenting the design intent and continuing
through construction, acceptance, and the warranty period with actual verification of
performance, operation and maintenance (O&M) documentation verification and training of
operating personnel. (See also re-commissioning and retro- commissioning)
(14) Competitive Bid means bidding by quote from a minimum of three (3) invited bidders for
capital improvements where solicitation of bids by formal means is unnecessary due to the
quote bid limit. Competitive bids may be solicited by mail, telephone, email, fax or in person
by the purchasing agent.
(15) Construction means making or forming an improvement by combining parts, labor, or
materials, the erection, alteration, or repair of a structure or physical object under the
jurisdiction of DBA.
(16) Construction Administrator means the DBA Construction Section Administrator.
(17) Construction Section means the Building Authority Division Construction Section.
(18) Contract Documents means those documents which comprise a contract in a capital
improvement project including but not limited to the owner department/contractor
agreement, the general and supplementary conditions of the contract, plans or drawings or
both, specifications, all addenda, modifications, and change orders together with any other
items stipulated as being specifically included.
(19) Design Professional means a person or firm who provides professional expertise to carry out
a capital improvement. Design professionals may include but may not be limited to the
following professionals: Planners (land, city, utilities, etc.), Architects, Landscape Architects,
Surveyors (land), and Engineers (Consulting and Professional Engineers providing expertise
in various licensed fields only that is, civil, electrical, mechanical, structural, sanitary, etc.).
(20) Design Review Section means the Building Authority Division Design Review Section.
(21) Director means the Director of Building Authority Division.
(22) Element means and includes but not limited to an architectural or mechanical component of
a building, facility, space, or site, e.g. telephone, curb ramp, door, drinking fountain, and
seating.
(23) Final Completion means the department, with DBA approval, acceptance of a project from
the contractor or Lessor upon certification by the design professional, if applicable, that the
project is complete and in accordance with the contract documents; final acceptance is
confirmed by making the final payment unless otherwise stipulated at the time of making
such payment or by letter of notification and rent commencement in leasing situations.
(24) Formal Bid, as used within the Construction Section, means a bid that has been solicited
through published plans and specifications in accordance with statutory requirements
including: legal advertising stating a bid time, bid date, and bid opening at a published
location; bond requirements; wage determination (if applicable), etc. Formal Bid, as used
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within the Real Estate Services Section means a bid that has been solicited through
published specification and criteria, advertised notice stating a bid time and date for a bid
opening at a published location.
(25) Formalities means any procedural, administrative, or clerical requirements not required by
statute. Formalities may be waived where such waiver is in the best interest of the state.
Formalities in bid documents, which contain the word “shall” may be waived where such
waiver is in the best interest of the agency and not required by statute.
(26) Improvements means a change or addition that improves the original intended purpose,
performance or appearance of an existing facility or equipment.
(27) Intent to Award means a letter to the contractor who has the successful bid for a project
stating that it is the owner's intent to award him a contract. Intent to award letters may be
issued to assist contractors in obtaining performance bonds prior to issuance of a contract.
(28) Maintenance Work means the repair, but not the replacement, of existing facilities or
equipment when the size capacity, type or extent of the existing facility or equipment is not
thereby changed or increased.
(29) Minimum Standards and Criteria (MSC) - means those standards and criteria relating to
bidding and requests for proposals, construction, design, maintenance, roofing, transfers of
property, including but not limited to the purchasing or selling of property, and leasing of
departments’ capital improvements or leasing of private properties to Departments.
(30) MSC means the Building Authority Division Minimum Standards and Criteria.
(31) Notice to Proceed means a written notice to proceed with prosecution of the work on a
specific project in accordance with a DBA approved contract.
(32) Performance Specification means a specification which generally describes the
characteristics of the item required, e.g. the style, type, quality, character, economy of
operation and purpose to be served by the item and the results required of the item
provided. It does not restrict the bidder to a specific brand, make, or manufacturer, nor does
it tell the Contractor how to achieve the required result.
(33) Proprietary Specifications means a specification that limits or restricts the bidder to two (2)
sources only for a product or service. Specifications are considered proprietary when: (1)
Only two (2) manufacturers or suppliers can provide an acceptable product or system and
where no substitutions are allowed; (2) Only one manufacturer can provide an acceptable
product or service but two (2) or more vendors or suppliers can compete to provide the
product or system.
(34) Real Property means building(s) or land(s); real estate.
(35) Real Estate Services Section means the Building Authority Division Real Estate Services
Section.
(36) Real Estate Services Administrator means the administrator of the DBA Real Estate
Services Section.
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(37) Re-Commissioning means the process of re-verifying the performance of building systems
that have been commissioned previously to ensure the systems continue to operate
according to the design intent or current operating needs. Re-commissioning may be
initiated periodically or in response to building renovation or a change in usage.
(38) Retro-Commissioning means the process of commissioning existing building systems that
were not commissioned when originally constructed. It is a process to ensure building
systems perform interactively according to the design intent and/or meet the Owner’s current
operational needs. This is achieved by documenting the design intent where possible and
the current operational needs measuring the existing performance, implementing necessary
operational and/or system modifications, followed by actual verification of performance,
operation, and maintenance (O&M) documentation verification, and training of operating
personnel.
(39) Repair: The necessary work to restore a facility component or fixed asset to its intended
use.
(40) Request for Proposals means all documents, whether attached or incorporated by
reference, utilized for soliciting proposals for negotiated work or services.
(41) DBA means Building Authority Division.
(42) Shall as written in the pages of the Building Authority Division Minimum Standards and
Criteria denotes a mandatory requirement. Formalities in bid, requests for proposal, or
request for qualification documents which contain the word “shall” may be waived where not
required by law and a waiver is in the best interest of the State.
(43) Site means a parcel of land bounded by a property line or a designated portion of a public
right-of-way.
(44) Site Improvements means various improvements including but not limited to landscaping,
paving for pedestrian land vehicular ways, outdoor lighting, recreational facilities, and similar
site additions.
(45) Split Purchases means dividing a capital improvement purchase into various components to
avoid bidding procedures.
(46) Standard Professional Services Contract means the agreement, along with any initial or
subsequent attachments or amendments, between the department and the design
professional pursuant to Ark. Code Ann. § 19-11-1001.
(47) Sole Source means a product, item of equipment, service or combination of these which is
available from only one manufacturer, vendor or provider in an area to the exclusion of
others (e.g. within the constraints of the particular project whether geographic, time,
material, software support, or other). If products, equipment, or services are franchised to
only one vendor in an area, the vendor would be considered a Sole source for such
products, equipment or services specified for the project.
(48) State Architect means the DBA State Architect.
(49) State Engineer means the DBA State Engineer.
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(50) DBA Substantial Completion means the project contracted for or a designated portion
thereof, is sufficiently complete, in accordance with the contract documents, so the owner
department may occupy the space, or designated portion thereof, for the use in which it is
intended despite minor defects to be corrected or minor incomplete aspects of the work.
(51) Work means all labor, materials, equipment, and other services necessary to perform the
complete services, or any separate identifiable part thereof, or to provide the completed
product required by the Contract. In construction, work includes, but is not limited to
performing services, furnishing labor, furnishing, and incorporating materials and equipment
into the construction to provide the entire completed construction, or the various separately
identifiable parts thereof, as required by the contract documents.
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SECTION TWO - DESIGN REVIEW SECTION
2-100 DESIGN PROFESSIONAL SERVICES SELECTION PROCEDURES
(A) To ensure an equitable opportunity for all practicing design professionals and in accordance
with Ark. Code Ann. § 22-2-101 et. seq, DBA has initiated the following procedures that shall
be followed to select firms or individuals to perform professional services for capital
improvement projects. All departments except as exempted by law, are required to use the
MSC.
(B) Departments shall comply with the Department of Transformation and Shared Services,
Office of State Procurement guidelines and policies in the development of requests for
qualifications, structure of evaluation committees and evaluation of responses in the
solicitation, evaluation, and selection of design professional under this section.
(C) Any reference to the words “the Section” within Section Two shall mean the Design Review
Section.
2-101 SELECTION AUTHORITY SCHEDULE
(A) Departments’ whose funds have been appropriated by the General Assembly to the
department or appropriated to DBA for specific buildings within Pulaski County shall have
the responsibility for selecting the Design Professional. Any questions regarding the
interpretation of this method should be directed to the DBA Design Review Section.
(B) Departments desiring to enter into a professional services agreement wherein the
contemplated fee, exclusive of reimbursable expenses, are twenty thousand dollars
($20,000) or less, may contact any qualified provider without DBA approval and negotiate an
agreement for the required services.
(C) Departments desiring to enter into professional services agreements where the
contemplated fee, exclusive of reimbursable expenses, do not exceed fifty thousand dollars
($50,000), may utilize a purchase order for these services in accordance with Ark. Code
Ann. §19-11-1012(b)(9)(A). Departments may enter into such purchase order agreements
without prior approval of DBA.
(D) Departments desiring to enter into a professional services agreement wherein the
contemplated fee, exclusive of reimbursable expenses, are more than twenty thousand
dollars ($20,000) but less than seventy-five thousand dollars ($75,000), may solicit
qualifications from three (3) or more qualified providers without DBA approval. Departments
should review Ark. Code Ann. § 19-11-801 before initiating the process. The following is the
recommended process:
(1) Issue a letter of request to the selected firms describing the nature of the services
desired, the description of the project contemplated and require interested parties to
submit a statement of qualifications and or pertinent information.
(2) Form a selection committee to evaluate the qualifications of the respondents and
select the firm or individual to negotiate with.
(3) Should negotiations for a fee of less than seventy-five thousand dollars ($75,000) fail,
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Departments may approach their next selection and initiate negotiations. If
negotiations are unsuccessful with all respondents, the department should determine
to terminate the selection process and either re-evaluate the scope of services
required and begin this process over or move to the formal selection process
described in this section.
(4) While these agreements ($75,000 or less) are not submitted to DBA for prior approval,
Departments must report the agreements to OSP in accordance with their rules.
(5) While DBA approval is not required for contracts fifty thousand dollars ($50,000) or
less, Departments can make a written request for DBA assistance in the selection
process. (See §2-102 on the process of written requests.)
(E) Departments desiring to enter into a professional services agreement where the
contemplated fee, exclusive of reimbursable expenses exceeds twenty-five thousand dollars
($25,000) shall follow the procedures described in §2-102 through §2-106.
(F) Selection of design professionals and consultants will be coordinated by the State Architect
or State Engineer or designee depending upon their respective or related fields.
(G) Departments desiring to enter into a sole-source professional services agreement wherein
the contemplated fee, exclusive of reimbursable expenses exceeds five thousand dollars
($5,000) shall follow the procedures established by OSP. Upon OSP approval of a contract
which exceeds fifty thousand dollars ($50,000) in fees (excluding reimbursables), the
Department shall attach a copy of the justification and approval to the contract when
submitting for DBA review.
2-102 AUTHORIZATION TO CONDUCT SELECTION
(A) Advertising shall not be implemented until approved by the Section. The Section shall
assign the solicitation process the appropriate RFQ number for tracking purposes. This RFQ
number shall be referenced on all documents and correspondence related to the selection
process and shall be shown on the lower left-hand corner of the first page of the
professional services contract. Any Department requiring design professional services or
other appropriate consultants, regardless of the nature of funding, shall submit by letter their
intentions, and request "Authorization to Proceed" from the Section, providing the following
information:
(1) Department name and project;
(2) Location of project;
(3) Description of services desired;
(4) Source of funding;
(5) Description of the work to be accomplished and approximate square footage where
applicable;
(6) Approximate time frame for the anticipated need to start and complete the project;
(7) Department Project Coordinator and telephone number;
(8) Estimated cost of the construction project or estimated total fees that will be expended
over the life of the contract; and
(9) Acknowledgement that the department has the request for qualification (RFQ)
document ready for distribution.
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(B) Draft of advertisement, name of newspapers advertising in, and deadline for submitting
advertisement. Notice shall be placed on the DBA website. Published notices shall run at
least one (1) time. The date of publication shall not be less than one (1) week before the day
fixed therein for the receipt of the responses. See §2-105 EXCEPTION.
(C) The draft advertisement should contain but not be limited to the following information:
(1) Advertisement cost billing information from the Department including the name,
address, and phone number of the purchasing official to which all invoices should be
submitted;
(2) Notice to the Design Professional as needed (i.e. Architects, Engineers, Environmental
Consultants or specialized fields such as Electrical Engineers);
(3) Name of the Department, division, and location of the project, and RFQ number;
(4) A brief description of the project, including the approximate square footage for new
construction or renovations and the desired services;
(5) The desired deadline for responses to the request for qualifications;
(6) Instructions for obtaining a copy of the Request for Qualifications package (i.e. website
address, telephone number, contact name); and
(7) The name, address, and phone number of the Department person to whom the
responses should be directed.
2-103 PUBLIC NOTIFICATIONS REQUIRED
After approval by the Section to conduct selection procedures, the selecting Department shall be
required to publish a notification that Design Professional services are being solicited. A notice shall
be published in at least one (1) statewide newspaper for each project pursuant to the advertisement
criteria under §2-102(C). Departments are encouraged to utilize other methods for publication
including newspapers or trade journals with general circulation in the county where the project will
be located.
2-104 DESIGN PROFESSIONAL QUALIFICATIONS
The following are minimum qualifications required for Design Professionals desiring to contract for
design services with the State:
(A) All Design Professionals shall demonstrate their capability to perform the design of the
project to the satisfaction of the selection committee.
(B) All Design Professionals, except for geo-technical engineers, whether prime or serving as
consultants to the prime, shall have in force professional and general liability insurance in
the amounts shown in §2-311 and §2-312 and proof of compliance shall be attached to all
standard professional services contracts.
(C) All Design Professionals, whether prime or serving as consultants to the prime, shall be
licensed in their respective disciplines in Arkansas or shall be capable of being licensed and
shall do so immediately in accordance with their respective licensing entities, if awarded the
project. Bid documents shall not be released to bidders without Design Professional's
Arkansas registration stamp or seal and signature as evidence of compliance.
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2-105 RESPONDING PROCEDURES
Allow a minimum of one (1) week after the last advertisement for the receipt of responses from
interested design professionals. Responses shall be in writing and in the format stipulated in the
RFQ (fax and email are not acceptable) and addressed to the Department official identified in the
RFQ document. For projects that are large, complex, or might require the services of an out-of-state
design or consultant firm, allow a minimum of no less than two (2) weeks.
2-106 SELECTION METHOD
(A) After the response period, if the receiving Department decides to proceed, it shall take one
of the following actions:
(1) For design professional type services or single project contracts wherein the estimated
construction cost is less than one million dollars ($1,000,000), pursuant to Ark. Code
Ann. § 19-11-801 through § 19-11-805, Departments may select a design professional
from annual statements of qualifications on file with the Department. Nothing in this
policy shall prohibit an department from conducting an individual solicitation for on-call
services or single projects regardless of estimated cost.
(a) Departments shall issue a public notice of its intent to solicit annual statements of
qualifications and performance data from interested design professionals in
accordance with §2-103.
(b) Departments shall maintain qualifications received on file for a period of not more
than twelve (12) months after closing date of solicitation.
(c) When a Department has a need for design professional services, the department
shall notify the Section of the need and the type of services desired. The
Department shall select no less than three (3) qualified firms (or individuals) from
the qualifications on file and shall submit the names of the firms (or individuals)
selected for consideration to the Section.
(d) The Section shall review the list of consultants and the scope of the services
desired to determine that the correct type of design professionals are being
considered. Upon a favorable determination, the Section will issue a letter of
authorization and the Department may then proceed with the selection process.
The Section may request additional information as necessary to conduct this
review.
(e) Departments shall evaluate the qualifications of the consultants and select the
best qualified candidate capable of providing the desired services and negotiate
a contract. The department shall conduct oral interviews of all selected
candidates prior to making the final selection.
(f) Departments shall initiate a contract with the Design Professional and then
submit it to the OSP for review, approval, and processing. Prior to final approval,
OSP submits contracts and amendments for the Section to review which are
under its jurisdiction. Department may request the assistance of the Section in
the negotiation phase of the contact development.
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(2) For project specific contracts wherein the estimated construction cost is over one
million dollars ($1,000,000) per project, Departments shall select design professionals
from qualifications received from a specific public notification of request for
qualifications.
(a) The Department shall convene the Preliminary Selection Screening Committee.
This Screening Committee shall be composed of no less than three (3) members
from the Department desiring design professional services. It is recommended
members should have subject matter experience or expertise in the areas the
project will affect, and/or financial management, contracting, or experience
managing construction or design professional services contracts.
(b) The Preliminary Selection Screening Committee shall meet at a designated time
and place and review all responses. There shall be no more than five (5) finalists
selected. A minimum of three (3) finalists may be selected for smaller, low
budget projects (under five million dollars $5,000,000). The department may
request the assistance of the Section during the selection process. If requested,
a Section representative will be assigned to the committee to guide the
committee through the process but shall not vote. If five (5) or less firms (three
(3) or less for smaller projects) respond, the Department may submit a written
request to the Section for a waiver from the pre-selection process provided the
Department agrees to interview all firms that responded. If only one firm
responded, the Department may submit a written request to the Section for a
waiver of the pre-selection and interview process and may begin negotiations
with the firm that responded to the advertisement. The Department may also
request authorization to begin the selection process over. Nothing shall prohibit
an agency from interviewing more than the initial five (5) finalists, if the
department determines that is in its best interest and receives written approval of
the Section.
(c) Upon completion of the pre-selection process, the committee chairperson shall
complete the Design Professional Selection Tracking Form and return it to the
Section with the following information: list of all responses received, list of
respondents selected for evaluation, list of respondents selected for interview,
and list of committee members.
(d) Within three (3) working days, the department shall notify all responding
applicants by mail of the selection results, naming the finalists selected for
interview.
(e) The Final Selection Screening Committee shall be made up of the Preliminary
Selection Screening Committee. While it is recommended that no substitution of
members of the final selection committee occur, if more than three (3) members
served on the pre-selection committee, departments may reduce the number to a
minimum of three (3) members.
(f) The final selection shall be made by the Department following the interviews and
oral presentations from the finalists selected by the Preliminary Selection
Screening Committee. Finalists shall be notified of the time and location of the
interview at least ten (10) days in advance of the interview. Exception: Allow
fifteen (15) working days for projects that are large or complex and that may
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require the services of an out-of-state design or consultant firm.
(g) Each finalist shall be given a specific time to make their presentation and a time
schedule to follow. The order of presentations shall be determined by random
drawing during the pre- selection process.
(h) Preliminary designs or suggested designs shall not be permitted during the
selection process and shall be grounds for disqualification. However, audio/video
presentations and boards may be used to help communicate so the firm
understands the nature of the proposed project and unique design challenges
that may be encountered.
(i) Nothing in the MSC shall be construed to prohibit a DBA representative from
attending any pre-selection or final selection proceeding for the purposes of
auditing the process.
(j) The Department shall forward the name of the Design Professional selected to
the Section within two (2) working days after the final selection is approved by
the Department. This notification becomes part of the permanent record and the
Department shall notify all finalists of the interview. Upon notification to the
selected design professional, the Department shall initiate a contract with the
Design Professional and submit it to the OSP for review, approval, and
processing. OSP shall forward the contracts and amendments subject to DBA
review to the Section. Department may request the assistance of the Section in
the negotiation phase of the contact development.
(B) Departments shall be responsible for maintaining a complete record of the selection process
from initiation through execution of the contract and contract closeout. This record shall
include copies of all qualifications, scoring, notes, and correspondence including the firms
not selected for consideration. DBA is responsible for maintaining documents or copies
thereof which have been submitted in the approval process.
(C) At the conclusion of the selection process, the Department shall submit to the Section a CD
or portable electronic device containing a copy of the initial request to begin the selection
process, Section letter of authorization to proceed, the advertisement publication (tear
sheet), a copy of the RFQ documents, one complete copy of each respondent’s qualification
package received and a copy of the completed DBA tracking form, and copies of all letters
on notification. The professional services contract may not be approved until receipt of this
information. To facilitate tracking, the contract shall reference the assigned RFQ number.
The CD submitted to DBA should be labeled with the RFQ number and project name or type
of services requested.
2-200 STANDARD FEE SCHEDULE FOR PROFESSIONAL SERVICES
The fees shown in schedule §2-211 are the maximum that will be allowed and are considered
necessary for the performance of adequate professional services, unless exempted by law. Any
increase beyond the scope of the fee schedule must be approved by the DBA Director if such
increases are determined to be in the best interests of the state.
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2-201 DESIGN PROFESSIONAL'S BASIC SERVICES DEFINED
(A) When referred to in the following fee schedules, Basic Services shall be defined as follows
and include all the services of the architectural, landscape architect, civil, mechanical,
electrical, and structural consultants under one (1) basic fee. For review of funding and
Department programs refer to §2-401 through § 2-404.
(1) Estimate of probable construction cost. Provide a separate line item for each of the
technical specification divisions.
(2) Perform life cycle cost analysis of building components and systems in accordance
with the Arkansas Energy Office rules for Energy Efficiency for Public Buildings for
new construction projects of a single building exceeding 20,000 gross SF or aggregate
buildings exceeding 50,000 combined SF of occupied or conditioned space and
renovation projects exceeding 20,000 gross SF or aggregate buildings larger than
50,000 combined SF of occupied or conditioned space where the estimated
construction costs are more than 50% of the current replacement value.
(3) Schematic design, approximately 15% complete. (To be submitted to Departments
only for approval.)
(4) Design development, approximately 50% complete. Include an estimate of the annual
operation costs and energy consumption of all utilities, using industry standard
average energy use for the building type. (To be submitted to the Departments only for
approval.)
(5) Seismic Design as required for projects to comply with Arkansas laws and the current
Arkansas Fire Prevention Code.
(6) Construction documents. 100% complete documents to be submitted to the
Departments for review then submit to the Section for review and approval. Include an
up-to-date copy of the estimated annual operation cost and energy consumption
submitted with the design development documents. Consumption data shall be
expressed in terms of total BTUH/SF/YR for new buildings and additions over 20,000
SF and for renovations exceeding 20,000 SF wherein the estimated cost of the
renovation exceeds 50% of the insured value of the building. For all other projects,
Consumptions shall be expressed as total BTUH/YR for the affected work.
(7) Department reviews as applicable, which includes but is not limited to DBA, the State
Fire Marshall, and the Arkansas Department of Health.
(8) Advertisement, bidding of project, and contract negotiations as required to conform to
the project funding.
(B) Basic Services also includes periodic construction observation (site visits) by the prime
Design Professional and all consultants at key critical times, for that applicable portion of the
work for which they are involved, during construction and construction administration,
including:
(1) Contract, bonds, insurance requirements review, coordination of contract documents,
and processing to the Construction Section;
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(2) Shop drawing and material submittal reviews by the appropriate Design Professional
or consultant;
(3) Periodic observation reports, a minimum of one (1) per month, complying with §2-1605
“Design Professional Observation Requirements”, prepared by the Design
Professional and appropriate consultants and furnished to the Department and the
Construction Section. Include sub-consultant site visit(s) and an observation report(s)
which is provided with the prime design professional’s observation report and
certification of contractor’s payment applications.
(4) Monitor and ensure that all Department operations, orientation, training, and
equipment manuals are submitted, reviewed, approved, and transmitted to the
Department. Acknowledgment of this transmittal shall be included in the final closeout
documents.
(5) Receive for the Department from the Contractor "record" drawings and all project
close-out items pursuant to §3-500 through §3-504 and prepare a CD containing the
record documents.
(6) Follow up inspection by all parties within thirty (30) days prior to the expiration of the
one (1) year Contractor's Warranty.
2-202 ARCHITECTURAL AND BUILDING RELATED ENGINEERING SERVICES FEES
(A) Fees shall be based on the Design Services Fee Schedule shown in §2-211. This fee
schedule is to be used for all Architectural, Civil, Landscape Architecture, Structural,
Mechanical, and Electrical Design Professional Services. These fees shall be considered
part of “Basic Services” for a project as defined in §2-201.
(B) The fee schedule shall be used to determine the base fee computed based on the design
professional providing all Basic Services multiplied by a percentage of the total construction
cost.
(C) Unless otherwise negotiated, base fees shall include the "full services" of all normal
consultants, i.e., civil, architectural, landscape, structural, mechanical, and electrical, per §2-
201.
(D) All standard professional services contracts, negotiated as a percentage of construction
cost, shall pay compensation to the Design Professional based on actual construction cost,
including all negotiations and change orders through final acceptance and payments to the
contractor. Estimated construction cost, as approved by the Department, shall be used until
the bids are accepted, or if the project is canceled.
2-203 OTHER DESIGN PROFESSIONAL SERVICES
For boundary or topographical land survey services refer to §2-207; for Geo-technical engineering
services, refer to §2-208; for environmental engineering services, refer to §2-209; for interior design
services refer to §2-206; for seismic design fee allowance refer to §2-204 and for asbestos
consultant fees refer to §2-210.
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2-204 SEISMIC DESIGN FEE ALLOWANCES
(A) For projects requiring seismic design and certification to comply with Arkansas laws and
the current Arkansas Fire Prevention Code, fees may be increased, with the approval of
the Section, as follows:
(1) Arkansas Seismic Design Categories A, B, and C: Basic Services as defined in §2-
200, §2-201.
(2) Arkansas Seismic Design Category D: Multiply base fee only, up to 1.04 maximum.
(3) Arkansas Seismic Design Category E: Multiply base fee only, up to 1.05 maximum.
(4) Where applicable, the multipliers may be used to compute the seismic design
allowance in Seismic Design Categories D and E only. These allowances shall be
listed under the base fee shown on the standard professional services contract under
"Compensation" as: Seismic Design Fee Allowance, "Category D" (or "E") = $
(Amount). Do not list as a combined fee.
(B) Compliance with applicable seismic design building codes shall include all DBA defined
structural and normal non-structural elements. Refer to §2-900.
(C) Additional Services for Non-Structural Elements (All Zones). Earthquake resistant design of
specific, "out-of-the-ordinary" items or equipment not listed, may require "additional
services" on the standard professional services contract, unless otherwise negotiated.
These “additional services” may be negotiated on an hourly, lump sum, or percentage of
construction cost agreement when approved by the Section.
(D) Additional Services for Dynamic Structural Analysis. If dynamic structural analysis is
required for the seismic design of a structure to meet all applicable building codes, the
analysis shall be considered an "additional service" under the standard professional
services contract or its attachment, unless otherwise negotiated. This expense shall not be
incurred without the approval of the Section.
2-205 SPECIALIZED CONSULTANTS
Fees may be negotiated on a percentage of construction cost, lump sum, or hourly fee (not to
exceed) agreement with approval by the Section. Specialized consultants may include the following
specialized fields: acoustical, theatrical lighting, parking, food service, solar, computer, exhibit
planners, building commissioning, graphic, geo-technical, testing, land surveying, and land
planning. Include a line item for each specialized consultant’s fee under “Compensation” in the
Professional Service Contract and list as “Additional Services- [TYPE OF CONSULTANT] Fees”.
2-206 INTERIOR DESIGN SERVICES
A basic interior design service fee not to exceed ten percent (10%) maximum of the total cost of all
furniture, draperies, equipment, fixtures, paintings, and artifacts, including the planning and
observation of placement and installation, shall be used by all departments. Extra services desired
by the owner shall require prior approval by the Section. Include all “Interior Design Fees” under
“Compensation” in the Professional Service Contract and list as “Additional Services-Interior Design
Fees”.
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2-207 BOUNDARY OR TOPOGRAPHICAL LAND SURVEYING SERVICES FEES
Boundary or topographical land surveys are considered a specialized engineering services and
fees for these types of services shall be negotiated on an hourly, not-to-exceed rate, or a lump sum
commensurate with the scope of the survey. Fees for this type of service require the approval of the
Section. Prior to finalizing the negotiations, departments shall submit a draft of the scope of the
work and the proposed fee arrangement to the Section.
2-208 GEO-TECHNICAL ENGINEERING SERVICES FEES
Geo-technical investigations are considered a specialized engineering service and fees for geo-
technical services may be negotiated on an hourly, not-to-exceed rate, or a lump sum agreement. If
conditions are such that a lump sum (not to exceed) cannot be guaranteed, then a unit price per
boring or trench may be included to cover the suspected conditions that may be encountered. Fees
for this type of service require the approval of the Section. Prior to finalizing the negotiations, submit
a draft of the scope of the work and the proposed fee arrangement to the Section.
2-209 ENVIRONMENTAL ENGINEERING SERVICES FEES
For projects involving purely environmental engineering services, excluding asbestos consulting
services, independent of a new building construction project and where the services of the engineer
are contracted directly to the Department, the fees may be negotiated on a percentage of the
construction cost, lump sum, or hourly fee (not to exceed) agreement with approval by the Section.
Prior to finalizing negotiations, submit a draft of the scope of the work and the proposed fee
arrangement to the Section.
2-210 ASBESTOS CONSULTANT FEES
Asbestos inspection, design, air monitoring, and project management services are considered a
specialized consulting services and fees for these types of services shall be negotiated on an
hourly not-to-exceed rate, a daily or abatement shift rate, or a lump sum commensurate with the
scope of the project. The Section shall approve fees for this type of service. Departments shall
submit a draft of the scope of work and the proposed fee arrangement to the Section prior to
finalization of negotiations.
2-211 DESIGN SERVICES FEE SCHEDULE
(A) The following fee schedule for Basic Services as defined in §2-201 is based upon a
percentage of the total (final) construction cost including all adjustments (increases and
decreases) by change order or negotiations and as modified by the footnotes at the bottom
of this schedule. For projects less than fifty thousand dollars ($50,000) or more than fifty
million dollars ($50,000,000), fees may be negotiated subject to DBA approval.
CONSTRUCTION COST
BASIC FEE
Less than $50,000
As Negotiated
$50,001 to $75,000
9.25%
$75,001 to $100,000
9.00%
$100,001 to $200,000
8.75%
$200,001 to $300,000
8.50%
$300,001 to $400,000
8.25%
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$400,001 to $500,000
8.00%
$500,001 to $600,000
7.75%
$600,001 to $700,000
7.50%
$700,001 to $800,000
7.25%
$800,001 to $900,000
7.00%
$900,001 to $1,000,000
6.75%
$1,000,001 to $20,000,000
6.50%
$20,000,001 to$ 22,500,000
6.25%
$22,500,001 to $25,000,000
6.00%
$25,000,001 to $27,500,000
5.75%
$27,500,001 to $30,000,000
5.50%
$30,000,001 to $32,500,000
5.25%
$32,500,001 to $35,000,000
5.00%
$35,000,001 to $37,500,000
4.75%
$37,500,001 to $40,000,000
4.50%
$40,000,001 to $42,500,000
4.25%
$42,500,001 to $50,000,000
4.00%
Over $50,000,000
As Negotiated
(B) Prior to applying any of the modifiers listed below, Departments shall submit a request for
authorization to negotiate a contract containing these modifiers to the Section. The request
shall include a description of the services to be added or deleted and the range the
Department intends to negotiate.
(1) For simple projects such as warehouses, parking lots, parking decks, agricultural
facilities or similar, deduct a minimum of 1% from the fees indicated.
(2) For projects involving the site adaptation of an existing design such as a standard bath
house or employee residence, deduct a minimum of 2% from the fees indicated.
(3) For complex projects such as hospitals, medical or research facilities, or laboratories
containing extensive amounts of scientific equipment, add a maximum of 1.5% to the
fees indicated.
(4) For projects involving the renovation of existing structures where accurate as-built
information does not exist, add a maximum of 2% to the fees indicated to allow the
design professional to survey the facility and develop accurate plans of existing
conditions.
(5) For projects where more intense observation is required to ensure proper execution of
the project such as installation of underground utilities, and pouring of massive or
structural concrete structures, add a maximum of 4% to the fees indicated.
Departments are encouraged to negotiate these additional fees on an hourly rate not
to exceed the 4% maximum. These services shall be listed on the professional
services under “Compensation” as a separate line item entitled “Additional Project
Observation.”
2-300 PROFESSIONAL SERVICES CONTRACT DEVELOPMENT
(A) All professional service contracts and amendments shall only be submitted on the forms
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developed and approved by OSP only. Attachments to these standard forms are permitted
and encouraged. All attachments shall be edited to ensure compliance with applicable rules
and laws.
(B) Contracts may be amended to increase or decrease the fees, to add or replace sub-
consultants or modify the terms and conditions at any time during the contract period and
may be amended to extend the time annually until the project is completed. However, the
contract may not be amended to extend the time beyond maximum limits for professional
services contracts as established by laws and the OSP rules.
(C) All contracts and the selection of the design professional shall be approved by the Section
and must follow all DBA MSC rules and OSP rules regarding submission schedules, fees,
and reimbursable expenses for reporting and tracking unless exempted by law.
(D) All reports, studies, and budget cost estimates produced under these contracts shall be
submitted to the Section for recording in the same manner as plan reviews.
2-301 PROJECT SPECIFIC TYPE CONTRACTS
(A) Departments are required to use a project specific contract for each capital improvement
project where the estimated construction cost exceeds one million dollars ($1,000,000)
including contingency costs. These contracts shall not be amended to add additional
projects or to increase the scope of the work to add or alter additional buildings, or to make
additional improvement to site work or utilities beyond the originally defined scope in the
solicitation for design service.
(B) Fees for professional services under this type of contract are customarily based on a
percentage of the construction cost as established in §2-211. Fee arrangements other than
a percentage fee require written justification submitted to the Section for approval prior to
negotiating the contract. Additional services beyond the basic fee may be added as
appropriate and as defined in §2-200.
(C) Departments may enter into design professional contracts for project specific type of
contracts in which the project is less than one million dollars ($1,000,000).
2-302 DESIGN PROFESSIONAL (MULTIPLE PROJECT TYPE) CONTRACTS
(A) 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 critical during the contract period. Do not use the phrases “Indefinite
Delivery or Open End” when referring to these contracts. The use of these phrases implies
that these contracts will not end. State contracts must have a finite term and cost. These
types of contracts are referred to as design professional contracts as defined in Ark. Code
Ann. § 19-11-1001.
(B) These types of contracts are to provide professional services for small projects and
additions, particularly renovation and maintenance type projects, that do not exceed one
million dollars ($1,000,000) in construction cost. These types of contracts are also
applicable for feasibility studies, programming studies, budget estimates, technical
assistance, emergency damage recovery projects, and other similar activities involving
architectural or engineering expertise.
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(C) Fees for each individual project under this type of contract should be based on a percentage
of construction cost, lump sum, or an hourly (not to exceed) type contract. Detail statement
of work documents or task order assignment documents should be developed for each
assignment defining the scope of the assignment, fee arrangement, completion time, and
deliverables required from the consultant at the time of the project assignment. Fee
payments should be closely audited to ensure they do not exceed the maximum allowable
fee authorized by the assignment order. Terms for these contracts must remain the same for
the duration of the contract period.
2-303 LUMP SUM OR HOURLY FEES (NOT TO EXCEED)
As an alternative to the fees as a percent of construction cost set forth in §2-211, the Department
may negotiate a lump sum or hourly (not to exceed) fee contract, subject to approval by the
Section. The lump sum or hourly (not to exceed) fee should be based on the estimated construction
cost, which is applied the percentages set forth in §2-211 or a lesser percentage figure may be
used if the Department determines that portions of the design work can be furnished by other
qualified sources.
2-304 ADDITIONAL SERVICES FEES
(A) Fees for “Additional Services” may be based on lump sum or hourly (not to exceed), unit
prices. “Additional Services” fees shall be agreed upon in writing prior to the encumbrance
of expense.
(B) Multipliers for Additional Services may not be used in an attachment to a professional
services contract or invoice for services unless approved by the Department and the Section
in the initial standard professional services contract. Design Professionals may include a
"multiplier" only where “above normal and lengthy” coordination of the Additional Services of
outside specialized consultants is involved and approved by the Department. This multiplier
shall not exceed 1.10 times actual cost and should be clearly stated in any invoices for
payment.
(C) Multipliers shall not be applied to equipment, material, or incidentals furnished to complete a
project. Only consultant or personnel charges are applicable.
2-305 MULTIPLIERS FOR REIMBURSABLE EXPENSES
(A) 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 Professional), employees, or consultants.
Multipliers shall not be used when submitting invoices during the initial preparation of a
standard professional services contract without the written agreement of the Department
and the Section. Multipliers up to a maximum of 1.10 times actual expenses for the
procurement, coordination, and review of the work required such as legal surveys, geo-
technical services, specialized consultants requested by the Department may be used only if
acceptable to the Department and the Section and are clearly stated and referenced to the
standard professional services contract in an attachment.
(B) Reimbursable expenses for material items, printed materials, and reproduction of plans and
specifications, testing lab fees, or Department review fees shall not be billed or invoiced with
any multipliers. Invoices are accepted for actual expenses incurred only. Expenses will not
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be accepted without an invoice.
2-306 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 “Reimbursable Expenses”, such as:
(1) Reproduction of design and bid documents (blueprints, printing, electronic media,
cost, etc.). These expenses to the Department are limited to those provided the
review agencies during the design review phases of the project, the minimum number
of sets required to bid the project subject to approval of the Department, and the
minimum numbers of sets to be furnished to the successful contractor (§2-1603). This
includes all bid documents, drawings, specifications, addenda, negotiated changes,
and change orders. Sub-contractors and suppliers requesting additional copies shall
be responsible for all printing and shipping costs. The Design Professional shall
furnish documentation of all printing and delivery cost. Acceptable documentation for
printing cost shall be an invoice on letterhead or business forms from an outside
printing company or service. Invoicing for these services on the design professional’s
letterhead only is not acceptable.
(2) Land and topographical surveys.
(3) Geo-technical soils testing services and material testing (soils compaction, asphalt,
concrete, and similar testing services).
(4) Department review fees, (example, Health Department plan reviews.)
(5) Postage and delivery expenses (including overnight or priority shipping when
authorized by the Department) related to transmittal of submittal documents,
contracts, pay applications, and correspondence related to the project or contract.
Request for reimbursement of these expenses must be accompanied by a receipt
from the provider or a photocopy of the envelope showing the address of the recipient
and value of postage when using regular mail where a receipt is not otherwise
rendered.
(B) Travel Expenses
(1) Out of state travel expenses, including airfare, lodging, meals, ground transportation,
parking, and tolls for in-state design professionals when specifically requested by the
Department. Reimbursement rates shall be subject to the guidelines published by the
Department of Finance and Administration for out of state travel by state employees.
(2) In state travel expenses, including airfare, lodging, meals, ground transportation,
parking, and tolls for out of state design professionals and out of state specialized
consultants when specifically requested by the Department. Reimbursement rates
shall be subject to the guidelines published by the Department of Finance and
Administration for out of state travel by state employees.
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2-307 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 meals, lodging, and parking (except for
out-of- state travel when specifically requested by the Department);
(3) Facsimile communications (fax);
(4) Long distance telephone expenses;
(5) In-house computer or CAD time or equipment expense; or
(6) In-house printing or reproductions.
(B) This applies to all design professionals and consultants, including geo-technical consultants,
whether in-state or out-of-state. These expenses are considered normal overhead costs
covered in the contract agreement and are not reimbursable expenses.
2-308 PROGRESS PAYMENTS TO THE DESIGN PROFESSIONAL (RENDERING OF
COMPENSATION)
(A) 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
Section V, "Rendering of Compensation", or in a separate attachment. Compensation may
be paid monthly or in stages of completion, but compensation or invoices may not be paid or
processed until the Department has received that portion of work.
(B) In a normal, average construction project, compensation for services and reimbursable
expenses may be paid at the end of the following stages:
(1) Schematic Design: Up to 15% of fee (after completion of the Owner/Department
Review).
(2) Design Development: Up to 50% of fee (after completion of the Owner/Department
Review, where applicable).
(3) Construction Documents: Up to 75% of fee (after completion of DBA Plan Review and
approval).
(4) Bidding, Negotiations, Award, Contract Administration: Up to 80% of the fee (after
issuance of notice to proceed).
(5) Construction Administration through the final inspection and final punch list preparation
up to 95% of fee. Project Closeout: Up to 100% after processing final pay request and
project closeout items (Maximum 45 days). (Refer to §3-500 through §3-600)
(C) Any supplemental contracts (such as AIA Owner/Architect Agreements) listed as an
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“Attachment” to the standard professional services contract shall agree to the language and
intent for all compensation, reimbursables, and multipliers.
2-309 PROJECTS WITH FIXED LIMITS OF CONSTRUCTION COST
(A) 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 the Design Professional (or on the project assignment form or letter for
projects executed under multiple project type contracts). If such a fixed limit has been
established, the Design Professional and the Department will cooperate to mutually agree
with the Section on contingencies for design, bid climate and price escalation, on building
program scope, construction materials, equipment, component systems, and types of
construction to be included in the contract documents.
(B) The fixed limit of construction cost shall be included with all plan review submittals to the
Section. The fixed limit of cost shall be stated in bold letters on the cover sheet of all
documents submitted for review. The cost shall be stated in the following manner, “FIXED
LIMIT OF CONSTRUCTION COST = (enter dollar amount).” This statement shall be
removed from the documents prior to publishing for bids. Budgetary concerns by all parties
shall be resolved during program review and the schematic design phase, before the first
plan review submittal to the Section.
(C) Where this fixed limit of construction cost is exceeded, the Design Professional shall,
without additional compensation, modify the construction documents as necessary to
comply with the fixed limit, if provided under the terms of the standard professional services
contract.
2-310 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, the Design Professional shall:
(1) Meet with the designated project coordinator of the Department to review bids,
budgets, program, and Owner's needs, within seven (7) working days.
(2) Review project costs with bidders for areas of possible savings or cost reduction.
Analyze areas of excessive cost.
(3) Review project with the Department Project Coordinator(s), the Section, and the
Construction Section to resolve project status as quickly as possible.
(4) Modify bid documents as approved and directed by all parties and resubmit the bid
documents to the Section for review, comments, and approval for re-bidding.
(5) Re-bid project. Coordinate bid date with the Construction Section.
(6) The Design Professional may be required to redesign the project for re-bid without
additional compensation. Additional redesigns beyond one (1) re-bid may be eligible
for additional compensation subject to the approval of the Section.
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(B) Other than reimbursables for printing costs, no additional compensation for re-bidding will be
allowed unless approved in writing by the Section.
2-311 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 shortcomings in the design and construction
process.
(B) The Department project coordinator should work closely with the chosen design professional
to set realistic project schedules which allow time for review and coordination by all parties,
particularly during the scheduled DBA plan reviews.
(C) Failure to include necessary construction detailing, lack of coordination in the architectural,
civil, structural, mechanical, electrical, and other, portions of the drawings and
specifications, may result in costly change orders.
(D) If these change orders are reasonably attributed in whole or part to errors or omissions on
the part of the design professional or his consultants, the Design Professional shall without
additional compensation (to the degree the change orders are responsibly required because
of the errors and omissions of the Design Professional), correct or revise all errors or
omissions in its designs, drawings, specifications and other services, and prepare
construction change orders to effect corrective work. Good judgment and fair practice
should be exercised by all parties in making these types of decisions. The Section and the
Construction Section will review all decisions respectively.
(1) An omission of an item (such as a flagpole inadvertently left out of a set of project bid
documents) which would have otherwise been included in the base bid for the project
should not be used to penalize the Design Professional. However, if remedial work to
the landscaping or concrete paving is needed to allow for installation of the flagpole at
a later, less opportune time during construction, then the Design Professional may be
held responsible for these remedial costs (assuming the Department has reasonably
documented this requirement during preparation of bid documents for the project).
(2) In general, when additional costs are incurred in a construction project, which are
directly attributed to negligent errors or omissions on the part of the Design
Professional, the Design Professional may be required to bear some or all of the costs
for remedial work needed to correct these negligent errors or omissions. The Design
Professional should work closely with the Department and the General Contractor to
ensure that all errors or omissions are corrected in a timely manner, before any
remedial costs are incurred, to contain and reduce change order costs. Errors and
omissions should be resolved between the Department and the Design Professional
whenever possible, and as quickly as possible.
(3) The Administrator of the applicable section(s) shall have the authority to settle or
resolve disputes concerning errors or omissions in a set of bid documents prepared for
any Department project utilizing professional judgment and accepted standards of care
required of Design Professionals.
(4) Any dispute involving negligent omissions or errors not resolved by the Department
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and the Design Professional shall be submitted to the Section. Either party may then
request a conference review with the Section and the other party to attempt to resolve
the issue. Request to the Section shall include but not be limited to a description of the
omission or error, all documentation related to the item or items in question, copies of
all meeting notes, and correspondence, or instructions referring to the issues in
question. The requesting party shall copy all other parties on the request and
documentation. All other parties shall submit a letter stating their position on the issue
and any additional documentation related to the issue within ten (10) working days to
the Section and copy all other parties. The Section will review the information provided
and issue a letter of opinion within fifteen (15) working days (a total of thirty (30)
working days after receipt of the initial request) or request additional information from
the parties.
(5) Change Orders required as a result of an error or omission may not be eligible for
Design Professional fee compensation. For omissions, the Design Professional may
be assessed a percentage of the cost of the change order, subject to the Section
approval as determined in §2-312, to cover the additional cost of the work due to
failure to include the work in the original bid package. For an error, the Design
Professional may be assessed the full cost of the change order, not as punishment,
but in fulfillment of the principal of betterment, that the owner should not be required to
pay twice for the same element of construction.
2-312 DESIGN PROFESSIONAL’S LIABILITY INSURANCE
(A) The Design Professional shall carry professional liability insurance covering negligent acts,
errors, and omissions. A copy of the current certificate of insurance shall be included as an
attachment to the standard professional services contract. The minimum policy value shall
be $500,000 except that the value shall be increased to a minimum of $1,000,000 for
projects where the estimated construction cost is between $5,000,000 and $20,000,000. For
projects exceeding $20,000,000 in estimated construction cost, the policy value shall be a
minimum of 5% of the estimated construction cost. The Design Professional may utilize a
Project Specific Professional Liability Policy for projects exceeding $5,000,000 in estimated
construction cost. The Design Professional shall be required to disclose the size and nature
of all pending claims against his liability insurance during the negotiation phase. The Design
Professional shall maintain this insurance in force after the completion of the services under
the contract for a period of one (1) year after substantial completion of the construction.
(B) The review, approval, acceptance of, and payment for any of the services required by the
Section or Department shall be construed to operate as a waiver by the Owner of any rights
or any cause of action arising out of the Contract. The Design Professional shall remain
liable to the State for reasonable project costs, which are incurred by the State as a result of
negligent acts, errors, or omissions on the part of the Design Professional. This liability shall
extend to the Prime Design Professional’s subcontractors and consultants in the
performance of any of the services furnished.
(C) The Design Professional may be held responsible for reasonable project costs resulting
from its professionally negligent acts, errors, omissions, or other breaches of the applicable
standards of care established by Arkansas laws or rules. Liability may include, but not be
limited to, the Design Professional’s own cost of for labor and other in-house cost, any
resulting Contractor Change Order cost including demolition, cutting patching, repairs, or
modification of work that is already in place. The Design Professional may also be held
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responsible for any Contractor or Owner delays or damages, and any judgment, fines, or
penalties, against the Department resulting from the Design Professional’s professionally
negligent acts, errors, omissions, and other breaches of the applicable standards of care.
(D) However, the Design Professional may not be held responsible for the cost of the correct
equipment or system which should have been originally specified, except that the Design
Professional shall be responsible for any increased cost, whether the result of inflation,
reordering, restocking or otherwise of incorporating the corrected work into the Contractor’s
Change Order.
(E) Upon determination that there may be Design Professional financial responsibility involved,
the Design Professional shall be contacted by the Department. The Design Professional
shall be advised of the design deficiency, informed that it is the Agency’s opinion that the
Design Professional may be financially responsible, and requested to provide a technical
solution to the problem, including a cost estimate. The Design Professional shall be given
the opportunity to take the measures necessary to minimize the consequences of such
defects within a timely manner without jeopardizing the integrity of the project. The
Department Project Coordinator shall promptly inform the Section of the issue and shall
keep the Section informed until the issue is resolved.
(F) If the Design Professional refuses to cooperate in the negotiations, the Department shall
have the right to proceed with the remedial construction and/or change order negotiations
without the Design Professional. Disputes shall be resolved as set forth in the Standard
Professional Services Contract.
(G) Alternatively, the Design Professional may discharge its financial responsibility through
negotiations with, and direct payment to, the Contractor. This action must be participated in
and approved by the Owner. Evidence of the Department’s participation and approval of
these negotiations and a description of the corrective action and cost incurred by each party
shall be reported in writing to the Section for record.
2-313 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 such insurance until completion of all work under the
agreement.
(B) The minimum limits of liability shall be as follows:
(1) Workers’ Compensation: Standard Arkansas Workers’ Compensation Policy with
statutory requirements and benefits.
(2) Employers Liability: $100,000 minimum.
(3) Broad Form Comprehensive General Liability: $1,000,000 minimum
Combined Single limit coverage. The State shall be named as an additional insured with
respect to the services being provided. The coverage shall include but not be limited to
premises/operations liability, Products and completed operations coverage, independent
contractors’ liability, owners and contractor’s protective liability, personal injury liability.
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(4) Automobile Liability: Arkansas Statutory Limits §2-314
2-314 PROFESSIONAL SERVICES CONTRACT
(A) Selection of architect, landscape architects, interior designers, engineers, land surveyors,
and other related building consultants shall be coordinated and verified by the Section.
When the Department has completed the selection process the department shall prepare a
standard professional services contract. All basic compensation items, compensation for
additional services, and reimbursable expense items, shall be carefully reviewed by both the
Department and design professional before signing the standard professional services
contract. The signature page of this form shall be the only signature page in the agreement.
Delete or strikeout the signature pages from all attachments to avoid confusion. Upon
request, the Section is available for contract draft reviews between the Department and the
design professional.
(B) For Compensation and Reimbursable expenses, see §2-200 et seq. and §2-300 et seq.
Additional services of the Design Professional may be based on a percentage of
construction cost, lump sum, or hourly fee with a not to exceed amount stated on the
contract.
(C) All standard professional service contracts and amendments shall be submitted to the OSP
website. OSP will forward the contracts and amendments to the Section for review.
Contracts or amendments expected to receive Legislative review must have attached
appropriate information regarding the contract or amendment. Contracts shall also contain
disclosure forms and documents pursuant to Governor’s Executive Order 98-04. Appropriate
information includes but is not limited to: Department name; project description; construction
and Design Professional funds; # of standard professional services contracts; identify
Design Professional and the objectives and scope; Design Professional fees; estimated
construction cost; contract control number; amendment compensation with explanation;
Design Professional reimbursables with breakdown; contract extension date; name of the
contractor; contract amount and change orders. Contracts shall be completed in its entirety
prior to submission for review. Particular attention will be given to areas concerning
“Calculations for Compensation” and “Description of Services to be provided.
(D) Failure to meet the OSP submittal schedule for review and approval can cause a delay of
thirty (30) days or more for legislative review. All standard professional services contracts
$50,000 or more require Legislative review. The standard professional services contract
form takes precedent over any attachments regarding time, funds, and compensation.
2-315 ATTACHMENTS TO THE PROFESSIONAL SERVICES CONTRACT
(A) The Department and Design Professionals may wish to add attachments to the standard
professional services contracts. These attachments may be used to clarify the extent of the
professional services, either basic or additional, for the Department and the Design
Professional. When Department and Design Professionals wish to add attachments to the
standard professional service contract, the following shall be done:
(1) Attachments shall be referenced as Attachment "A", "B", "C", or “1”, “2”, “3”, etc., and
be referenced on the contract under "Objectives and Scope".
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(2) Attachments shall be neatly typed, or the Department and Design Professional may
choose to use the standard American Institute of Architects "Abbreviated Standard
Form of Agreement Between the Owner and the Architect", the Engineers Joint
Council on Construction Documents “Standard Form of Agreement Between Owner
and Engineer”, or other documents approved by the Section. (Department DBA neither
endorses nor rejects the use of these documents.) If these documents are used, they
shall be carefully edited to fully agree with the standard professional services contract,
Arkansas laws and rules regarding allowable fees, compensation, multipliers,
acceptable reimbursable expenses, etc., and the services to be provided under the
contract. Hourly rates and attachments shall remain in place for the duration of the
contract, subject to annual or biennial review and negotiations. The language
contained within the standard professional services contract shall take precedence
over all attachments except the Department DBA “Basic Services Defined” attachment.
(B) In addition, the DBA "Basic Services Defined" (refer to §2-201) shall be attached to, or
added under the AIA contract, Article 12, "Other Conditions or Services." All contracts shall
adhere to the DBA "Basic Services Defined" as a condition of the contract.
2-316 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, changes in the project cost and scope of the project, fee or
hourly rate adjustment, reimbursable expenses or additional services adjustments, contract
extension, funding change (character code), and additional sub-consultants.
(B) The base fee in a standard professional services contract will normally remain constant for
the duration of a project. However, if the funding or scope of the project changes
significantly enough to reduce or increase the base fee allowed by the DBA Standard Fee
schedule (see §2-211), then the standard professional services contract shall be amended
by both parties to reflect the new base fee agreement and submitted for approval.
2-400 PROCEDURES FOR PROJECT DEVELOPMENT AND CONSTRUCTION
[INTENTIONALLY LEFT BLANK]
2-401 INITIATION OF PROJECT
(A) Many projects begin with a needs analysis and planning for the acquisition of property or
space to be developed or renovated. For major projects, this process begins months or
years before a budget and appropriation request can be prepared. In conjunction with the
Department of Finance and Administration, the Section reviews the capital project
appropriation requests submitted for funding each biennium. Often, these requests are
insufficient to cover the total cost of construction desired once funded and approved for
bidding. The Section is available to assist Departments in this long term planning phase to
help ensure that adequate space or funding is requested.
(B) As a part of the needs assessment and budgeting process, departments often conduct or
have performed certain studies or exercises such as feasibility studies, building space or
systems programming studies, financing, and contingency budgeting. While some
departments may have adequately experienced staff to perform these initiatives, others may
not. The Section is available to assist with these activities or to assist the Department with
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the selection of outside consultants specializing in these types of services.
(C) A Department may initiate a pre-design study before developing a capital project budget
request or after the project has been funded. The intent of the pre-design study is to reduce
the amount of uncertainty related to the scope of the project, identify major project/funding
milestones, selection of the proper delivery method for construction, establish project costs,
and project timelines. While it is best to conduct such studies before a budget request is
finalized, there may be significant advantage to applying such studies to projects which have
already been funded to ensure that the project remains in the existing budget, meets the
minimum program needs and is executed in a timely manner. Pre-design studies may
include but are not limited to activities such as project analysis, program analysis, site
analysis, preliminary cost projections or existing budget analysis, operations and
maintenance impact analysis, staffing analysis and development of preliminary scope of
work for the design process. Departments may utilize their own staff in the production of this
study or may use outside consultants for all or part of the study. The Section is available to
assist with these activities or to assist the Department with the selection of outside
consultants specializing in these types of studies. It is not necessary to use the same design
professional who prepares a pre-design study to perform the design phase of the project.
These activities can be mutually exclusive of each other. By the same measure, preparation
of a pre-design study or other pre-design service does not exclude a design professional
from seeking a contract for the design phase of the project.
(D) During the initial phase of the project design, Department shall review whether revisions to
the Comprehensive Annual Financial Report (CAFR) should be made. Determinations of
whether to add new asset equipment or remove old asset equipment from the report shall
be made. In addition, the project plans and specifications shall designate how assets will be
disposed of and who shall bear the responsibility of the disposition.
2-402 FEASIBILITY STUDY REQUIREMENTS
(A) A feasibility study may be required to determine the initial building program needs, property
requirements, probable construction cost and site improvement costs. The study may
include but not be limited to other non-construction cost such as financing cost, design
service fees, equipment cost, furnishing cost, and contingency cost to determine if a project
is economically feasible and if adequate funding is available.
(B) The feasibility study should determine site selection needs, such as property size, zoning,
utilities, acquisition costs, floodplain management, drainage costs, environmental review,
pedestrian and vehicular access, parking needs, and storage needs as applicable. Building
size and area requirements for all functions including the electrical, lighting, heating, cooling,
and building system requirements should be addressed. Estimated construction, operation,
and utility costs based on square footage and specific development costs, should be
computed. Operational and staffing cost for security, maintenance, janitorial and building
operators should be included on a cost per square foot basis as a part of the study. The
study should include a brief discussion of the requirements and possible solutions for each
area along with a line-item cost estimate for each area. Consideration should be given to
future expansion capabilities in all cases. The feasibility study should be used as a basis to
help establish funding and to guide the Department’s Project Coordinator in selection of, and
directing the work of, the appropriate Design Professional.
(C) Design Professionals shall be selected in accordance with these rules (refer to §2-100 et
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seq.). The Department shall obtain approval from the Section prior to initiating a feasibility
study with outside consultants or design professionals.
2-403 PROGRAMMING
(A) Unless otherwise negotiated, basic programming costs for a project are not covered under
basic services provided in a standard professional services contract. The Department shall
provide the Design Professional with a minimum program of all project requirements,
including site and building requirements, a program of required spaces, their approximate
size or square footage, and all needed functions required for the building or project site,
including all basic electrical, lighting, heating, cooling, and building system requirements.
This information should be provided prior to negotiating a contract with the Design
Professional. Copies of this information shall be included in the plan review submittal to the
Section for informational purposes.
(B) If the Department cannot provide a minimum program as described above, the Department
may include under "Additional Services" to standard professional services contract, a "not to
exceed" cost for programming. This should be invoiced per the number of actual hours
spent in preparation of the program, up to the "not to exceed" cost stated in the contract.
The Department should only incur this expense with the approval of the Section.
(C) When programming is provided by the Department, review and needed corrections and
compilations to the overall building program for site analysis, the addition of circulation
space, mechanical equipment space, ancillary and storage space, and the like, as well as
review and coordination of all electrical, lighting, heating, cooling, and building system
requirements, shall be considered part of the Schematic and Design Development Phase
furnished under basic services, unless otherwise approved by the Section. A copy of the
program approved by the Department Project Coordinator shall be included in the Plan
Review submittal to the Section.
2-404 FINANCING AND CONTINGENCY BUDGETING
“Authorization to Proceed” with the project will be given to the Department providing appropriate
funding is available for the project. It is recommended that all cost estimates for construction, all
projected building costs, and all methods of finance include a contingency fund. Contingency funds
should be used to offset inflation, unforeseen expenses, and/or cost overruns on construction
projects. Items that may be covered by a contingency fund are unexpected utility work or relocation,
damaged roof decking replacement, rock excavation, and the like. Contingency funding normally
should not exceed 10% and should depend on the cost and complexity of the project, with a
proportionately smaller amount as project budgets increase. While 5%-10% may be necessary on
low-cost projects, this percent may be excessive on higher cost projects (1 ½% - 2 ½% percent may
be sufficient). Overall building budgets should be reviewed with the Section and the Design
Professional chosen to perform the work. Contingency funds are not set up to cover the cost of
errors in design and construction by the Design Professional or for lack of coordination on their part,
which requires remedial work during completion of construction. Refer to §2-311 for Errors and
Omissions.
2-405 PROJECT COORDINATOR
(A) The Department shall assign a Project Coordinator. The name and position of the Project
Coordinator shall be submitted to DBA, on a form approved by DBA, for recording with the
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First Review submittal. The Project Coordinator shall not be changed without written notice
to the Section.
(B) The responsibilities of the Project Coordinator shall cover the following:
(1) Allow the Department to work closely with the Design Professional.
(2) Cooperate with the Section in all design and budget decisions, including compiling and
approval of the Department’s program for the project and approval of the estimated
construction cost at each plan review submittal.
(3) Help make decisions regarding programming and operational restraints to best benefit
the Department and to bring the scope of the project within the estimated construction
cost as submitted by the Design Professional and approved by the Department.
(4) Be aware of the project status at all times. Attend all meetings and keep records
accordingly.
(5) Keep the Department Secretary advised on the project progress.
(6) Maintain adequate records of the project for future use, including plans, specifications,
and record drawings.
(7) Serve as the Department primary contact regarding all matters concerning the Capital
Improvement Project.
(8) Pre-review all submittals from the Design Professional prior to forwarding to the
Section for review. The Project Coordinator shall ensure that all submittals meet the
project requirements as defined for the Design Professional and as required for a DBA
submittal (refer to §2-1500 et. seq.).
(9) The Project Coordinator shall forward all submittal data to the Section along with any
comments or supplemental instructions issued to the Design Professional. If the
Department has no comments to forward, the transmittal letter should so note and
should include a statement to the effect that the submittal generally meets the scope of
the project as defined to the Design Professional and that the estimated construction
cost is within the established budget for this project. Ensure that all submittals are
forwarded to DBA in the order that meets the Department’s priority needs. This will
prevent DBA from reviewing a low priority project that has been submitted directly by
the Design Professional.
(10) The Project Coordinator shall receive and review all comments regarding the submittal
review by the Section and shall be responsible for distribution of these comments to all
appropriate parties. The Project Coordinator shall ensure that the Design Professional
responds to all comments in writing and notify the Design Professional and the Section
in writing if he disagrees with a comment or a response. Responses shall be included
with the next submittal package. It is acceptable and encouraged to include the direct
responses from the Design Professional to the DBA comments. It is the Project
Coordinator’s responsibility to ensure that each comment is addressed and to the
Department’s satisfaction before submitting responses to the Section.
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2-406 BUILDING CODES ADOPTED
(A) The adopted building code for State projects is the Arkansas Fire Prevention Code as
adopted by the Arkansas State Police, State Fire Marshall’s Office. Arkansas laws and DBA
Minimum Standards and Criteria (MSC) shall have precedence over the Arkansas Fire
Prevention Code where they exceed the requirements of that code. All project designs shall
comply with all Arkansas laws and the Arkansas Fire Prevention Code.
(B) Other codes, rules or standards may be applicable to a specific project. It is the
Department’s and Design Professional’s responsibility to determine all applicable codes for
each specific project. A partial listing of the more common codes applicable to state projects
can be found on the DBA website.
(C) The Section shall reference these codes, state law, and the DBA Minimum Standards and
Criteria (MSC) in its review of documents presented for review.
2-407 REGULATORY ENTITIES’ REVIEW
(A) In addition to reviews completed by the Section, design professionals are encouraged to
work closely with municipal building officials and/or fire chiefs throughout the planning
stages of State funded capital improvements. It is recommended that such municipal
authorities be given the opportunity to review such plans to coordinate zoning, parking, and
street utility and fire department requirements (specific fire protection, building access, fire
lane, and the like requirements). Special requirements may be needed according to
available equipment and firefighting/emergency procedures. Coordination with and review
by the local fire official is a mandatory requirement.
(B) The Design Professional shall be responsible for coordinating a project directly with these
regulatory entities, independently from the Section, allowing adequate time for plan reviews
and approval before submitting final plans to the Section for review. The Project Coordinator
shall submit copies of all regulatory review Department comments, waivers, variances, and
instructions regarding the project, including local fire official reviews, with the DBA plan
review submittal.
(C) The following is a partial list of the regulatory entities which have adopted design or
construction standards and may require pre-construction plan review and approval. Design
professionals should request copies of all acts, laws, and adopted standards from these
individual entities. This listing is not exclusive of any other Department, which may under
special circumstances exercise design authority.
(1) Arkansas Department of Health:
(a) Division of Plumbing and Natural Gas (plumbing systems, domestic water, septic
design, swimming pools, etc.);
(b) Division of Radiation Control & Emergency Management (X-ray, nuclear
medicine, installation or safety evaluations);
(c) Division of Sanitarian Services (kitchens, restaurants, etc.);
(d) Division of Engineering (wastewater systems, water systems and districts,
cemeteries, swimming pools, etc.); and
(e) Division of Health Facility Services (hospitals, health units, etc.);
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(2) Arkansas State Police: State Fire Marshall (fire code review, life safety, etc.);
(3) Arkansas Department of Labor, Division of Elevator Safety (elevator safety, including
inclined stairway chairlifts and vertical wheelchair lifts, boiler inspection, industrial
hygiene, OSHA reviews);
(4) Arkansas Department of Energy and Environment, Division of Environmental Quality
(Resources Conservation and Recovery Act of 1976 when Federal funding exceeds
$10,000; Storm Water Pollution Prevention Plan for disturbed sites in excess of 1-
acre, asbestos issues and other required environmental reviews);
(5) Arkansas Department of Commerce, Division of Services for the Blind (vending
facilities in state owned or leased properties);
(6) ARDoT (highway access, right-of-way design). Contact local district headquarters’
Engineer';
(7) Arkansas Department of Human Services, Office of Long Term Care within the
Division of Provider Services & Quality Assurance (long term care facilities/nursing
homes);
(8) Arkansas Liquified Petroleum Gas Board (review/inspect rural installation of LP
storage tanks and gas meters); and
(9) Arkansas Department of Energy and Environment, Office of Entergy within the
Division of Environmental Quality (Arkansas Energy Efficient Standards for New
Building Construction).
2-408 UNACCEPTABLE DESIGN CONFIGURATIONS
(A) Certain configurations have proven too expensive or result in excessive maintenance
activity or utility costs.
(B) These following configurations shall not be accepted for use in State owned building designs
unless they are submitted for approval in writing to Section, prior to the schematic design
review submittal to the Department. A copy of the approval letter from the Section shall be
included with the plan review submittal to the Department and with the final submittal to the
Section.
(1) Pedestrian or vehicular circulation (other than for maintenance) on roofs of habitable
spaces or support spaces such as pedestal pavers, on a plaza, over occupied spaces,
shall not be accepted.
(2) Sloped glazing (except for Greenhouses), such as ridge or sloped skylights, which
increases heating and cooling capacity requirements.
(3) Rooftop mounted, heating or cooling units and associated piping and/or ductwork,
which increases foot traffic, roof penetrations, maintenance requirements, and re-
roofing costs.
(4) Seismic Design Upgrades for Existing Buildings in Seismic Design Categories D and
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E: Upgrades of existing structures involved in additions, alterations, or retrofitting in
Seismic Design Categories D and E shall be submitted for approval prior to beginning
Schematic Design. Design changes required by failure to follow this procedure shall be
the responsibility of the Design Professional.
(5) Buildings located in the Floodplain: All additional design requirements associated with
building in a Floodplain shall be submitted to the Section prior to beginning Schematic
Design. The additional cost of design changes required by failure to follow this
procedure shall be borne of the Design Professional.
(6) Air-conditioning systems which do not meet the requirements of the Arkansas
Mechanical Code or the Energy Code for ventilation air. This includes systems which,
when set to meet this standard, will be operating outside of their intended design
parameters and will result in a reduced life expectancy for the equipment.
2-409 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 in ensure
project completion in a timely and prudent manner:
(1) Be aware that future funding is subject to termination.
(2) Work to the budget established in the funding for each phase or portion of the project.
(3) Establish a building program for the established budget for each phase only.
(4) Base all work in the schematic design and design development and construction bid
documents, for the funded portion of the project only. Do not obligate the Department
for design services beyond the project funding limits. Any authorization for Design
Professional services beyond available funding must be approved in writing by both
the Section and Department officials.
(5) Do not bid or obligate funding for partial construction, such as slab work only, for a
project, which will be unused, and of no value until future funding is established for
completion.
(6) Coordinate project requirements as to master planning, funding, and program review
in the Schematic Design Review Plan Review submittal to the Department.
(B) Departments are required to disclose the estimated cost, scope and timeline including all
phases in accordance with Ark. Code Ann. § 19-4-1402. When it is determined that at
project will be constructed in multiple phases, the Department shall submit a statement to
DBA describing the estimated scope of the capital improvement project, a description of the
estimated timeline for implementing each phase of the project, and a breakdown of the
estimated cost of the total project showing each phase’s cost. The statement shall bear the
signature of the Department Project Coordinator or other authorized Department Official.
This statement shall accompany the first submittal to the Section and shall be updated if the
estimated scope, timeline, or costs change prior to the approval to proceed with the first
phase of the work. The statement shall be updated and re-submitted with each subsequent
phase submitted for the Section review.
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2-410 PROJECT SCHEDULE
(A) Prior to commencing the design work, the Project Coordinator shall submit to the Section a
projected “Project Schedule” developed in conjunction with the Design Professional, which
shall include the following anticipated dates:
(1) Date of schematic design plan review submittal to the Department.
(2) Date of design development plan review submittal to the Department.
(3) Date of construction document plan review submittal to the Department.
(4) Date of 100% complete plan review submittal to the DBA Section.
(5) Dates for bidding and construction start and estimated completion date.
(B) Upon submittal of this schedule, the Section will assign a project number to the project. This
number should be referenced on all correspondence and shown in a prominent location on
the cover sheet of plans and specifications submitted for review. If the Department desires
to have this project number assigned at an earlier time for its internal tracking purposes, the
Department should submit a written request to the Section indicating the official title the
project will be listed under, the name of the design professional (if known at that time), the
estimated budget for the project, and a brief description of the project. For DBA tracking
purposes, the name of the project shall remain the same through the completion of the
construction phase of the project.
(C) When it becomes apparent that the schedule must be altered, the Project Coordinator shall
submit a revised schedule to the Section immediately.
2-500 BUILDING COMMISSIONING
Commissioning is a systematic process of designed to ensure that building systems perform
interactively according to the design intent and the Owner’s operational needs. This is best
achieved beginning in the design phase by documenting the design intent and continuing through
construction, acceptance, and the warranty period with actual verification of performance, operation
and maintenance (O&M) documentation verification, and training of operating personnel. When
properly performed, commissioning can often reduce the overall cost of a project, reduce the time
required to complete a project, increase the quality of a project, and increase the probability of a
successful startup of a project. These cost reductions and quality improvements often exceed the
cost associated with the commissioning process.
2-501 NEED FOR COMMISSIONING
(A) Today’s buildings and our expectations in their performance are becoming increasing
sophisticated. Like any sophisticated machine, a building should be set-up and balanced to
operate properly and may require a periodic tune-up to remain operating at peak efficiency.
Departments are encouraged to consider the concept of total building commissioning on
new construction projects and major renovations. Commissioning when applied from the
beginning of the design process and continuing through the warranty period can result in
projects that cost less to construct, startup with fewer problems, and have proper
documentation for operations and maintenance. In many cases, the cost of the
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commissioning process is offset by a reduction in construction cost, change orders and
startup problems.
(B) With utility cost and maintenance cost escalating at rates above the average rates of growth
in the State’s economy, reductions in operations and maintenance cost are an essential part
of a department’s obligations to being a good steward of public funds. Commissioning can
be a vital part of the process of controlling these costs within an acceptable limit. In many
instances including existing buildings, the cost of the commissioning process can often be
returned in 2 years or less with the reduction in energy cost alone.
(C) When departments elect to pursue green building design certifications such as Leadership
in Energy Efficient Design (LEED), Green Globes or similar certifications, these processes
usually have a prerequisite requirement to perform fundamental commission and offer
addition points toward certification for additional or total commissioning. These programs
often require the commissioning for points to be conducted by an independent third-party
firm.
2-502 TYPES OF COMMISSIONING
(A) Commissioning is a systematic process of ensuring that building systems perform
interactively according to the design intent and the Department’s operational needs. This is
achieved beginning prior to the design phase by documenting the Owner’s program
requirements. The process is continued through the design phase by documenting the
design intent and through construction, acceptance, and the warranty period with actual
verification of performance, operation and maintenance documentation verification, and the
training of operating personnel.
(B) Re-commissioning is the process of re-verifying the performance of building systems that
have been commissioned previously to ensure the systems continue to operate according to
the design intent or current operating needs. Re-commissioning may be initiated periodically
or in response to a building renovation or a change in building usage.
(C) Retro-commissioning is the process of commissioning existing building systems that were
not commissioned when originally constructed. It is a process to ensure building systems
perform interactively according to the design intent and/or to meet the Department’s current
operational needs. This is achieved by documenting the design intent where possible and
the current operational needs, measuring the existing performance, implementing necessary
operational and system modifications followed by actual verification of performance,
operation and maintenance documentation verification and the training of operating
personnel.
(D) Testing, Adjusting, and Balancing (TAB) is a form of commissioning that can apply to
mechanical and electrical systems in a building. TAB is routinely specified in the
construction project as a portion of the mechanical work in the technical specification’s
sections. Many specifications require the TAB specialist to be the supplier of the air devices
or the controls vendor. The intent behind this type of specification is to require someone with
a working knowledge of the air devices or the controls to be the TAB technician. In this
approach, the TAB technician is a sub-contractor that is not directly responsible to the
Department.
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2-503 COMMISSIONING AGENT
(A) The relationship of the commissioning agent or the TAB technician to the Department is
critical to the success of the project. The commissioning agent should be under direct
contract to the Department and should act as the Department/s representative during the
design and construction phases of the project. This direct relationship allows the
commissioning agent to freely express ideas concerning design changes that will enhance
the project goals and in reporting the correct status of the project construction and operation
of the system components. During the training and documentation phase, this direct
relationship allows the commissioning agent to objectively evaluate the training and
documentation to ensure that adequate time and preparation is provided to meet the
Department’s expectations. While many small projects may be adequately handled by the
concept of a TAB technician as a sub-contractor even these types of projects may be better
served by the inclusion of an independent commission agent.
(B) Commissioning agents are typically professional engineers who have developed the
specialty expertise necessary to advise and evaluate construction for defects and omissions
and to provide or oversee the startup and the testing and balancing of systems and
components. Commissioning agents also understand the documentation necessary to
properly own and operate a building and understand the technical and operational
parameters of a building well enough to oversee the training of the Department’s operating
personnel. While professional registration is not always a requirement or necessity; it is a
desirable qualification when considering the total building commissioning concept. It is
desirable to find a firm or team that contains professional representation in all of the critical
building trades. Commissioning agents and TAB consultants shall be considered as
specialized engineering consultants and as such shall be selected and contracted in the
same manner as engineering consultants. (Refer to §2-100). The Commissioning Agent or
TAB consultant should be selected before or at the same time as the building design team.
The Commissioning Agent’s contract and the Design Professional’s contract should clearly
define the role the agent will have as the Department’s representative.
(C) The building Design Professional’s contract should clearly acknowledge the role of the
Commissioning Agent. The Department is responsible for coordinating the two contracts. To
make one contract subordinate to the other would make the process less effective.
2-504 SUBMITTAL REQUIREMENTS
Commissioning plans and specifications that are developed as a part of a commissioning project
must be submitted to the Section for review and approval prior to issuing to the construction
contractor. Input from the commissioning agent during the design phase should be carefully
documented to evaluate the validity of recommended design changes. These changes should be
included in the plan review submittals under the heading “Commissioning Agent’s
Recommendations”. The activities of a Commissioning Agent may affect the progress or schedule
of the building construction project particularly where defects or omissions are discovered. The
construction bid documents should acknowledge the presence of an independent commissioning
agent on the project and should clearly define the role of the agent and the responsibilities of the
contractor to the agent as an authorized representative of the Department.
2-600 ASBESTOS SURVEYS AND MANAGEMENT PLANS
It shall be the policy of DBA that State owned buildings be surveyed for asbestos containing
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materials (ACM) before demolition or construction work begins or where otherwise required by
federal and state laws and rules. Even if no demolition or construction work is planned, DBA
encourages operators of state-owned buildings to obtain a survey for asbestos. The survey report
should be used to make building maintenance/service personnel or interested building occupants
aware of the location and condition of the ACM. A management plan for each surveyed building
should be developed in accordance with federal guidelines and industry practices.
2-601 ASBESTOS PROJECTS GENERAL
The Arkansas Department of Energy and Environment, Division of Environmental Quality (DEQ)
regulates activities related to Asbestos Containing Materials (ACM). Refer to DEQ Regulation 21 for
the State’s policy and procedures related to ACM. Inspection and design of abatement materials or
projects shall be performed only by persons properly licensed by DEQ when the activity or quantity
of materials equal or exceed the limits regulated by the Department. Certain activities involving
quantities below the DEQ threshold may regulated under OSHA regulations for worker protection.
These activities must be performed by personnel properly trained and certified for this activity
pursuant to Ark. Code Ann. § 20-27-1001 et seq. It may be in the department’s best interest to have
such activities performed by a licensed abatement contractor prior to the general construction
activities
2-602 ASBESTOS PROJECTS SUBJECT TO DBA 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 §3-101, this type of project shall be considered a capital improvement project and
shall fall under the jurisdiction of DBA.
(B) For standalone type projects, plans and specifications (for the abatement project and the
replacement materials) shall be submitted to the Section for review and approval. These
projects shall be subject to the bidding requirements under Section 3.
(C) For projects wherein the asbestos abatement is included as a part of the general
construction bid package, the plans and specifications must be submitted to DBA for review
as a part of the general construction review documents and those services listed in above in
(B) are applicable. The asbestos consultant should be under contract to the prime Design
Professional as a sub-consultant.
2-603 ASBESTOS CONSULTANTS
Unless adequately trained, experienced, and licensed personnel are employed by a Department,
DBA recommends that private sector licensed asbestos consultants be utilized to survey,
investigate, prepare abatement documents, and monitor abatement activities. Asbestos consultants
shall be considered as design consultants and as such may be hired in accordance with §2-101
and State law governing procurement of consulting contracts. Asbestos consultants shall be
licensed and bonded pursuant to Ark. Code Ann. § 20-27-1001 et seq. which mandates the
Arkansas Department of Energy and Environment, Division of Environmental Quality (DEQ) with the
authority to license asbestos abatement consultants and asbestos abatement contractors as well as
for certifying air monitors, contractor-supervisors, inspectors, management planners, project
designers, and workers involved with demolitions, renovations, and asbestos-response actions.
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2-604 PLAN REVIEW SUBMITTALS
For projects subject to DBA approval, before a bid date is provided, these documents shall be
reviewed and approved by the Section. A designer who is properly licensed by DEQ shall prepare
the bid documents for asbestos abatement projects. The designer’s license number must appear on
the cover sheet for projects submitted for review.
2-605 PROJECT SUPERVISION AND MONITORING
Abatement contractor activities should be adequately supervised and monitored by the asbestos
consultant. The frequency of inspections and type of air monitoring shall be as established by
federal and state laws and rules. On abatement projects occurring in occupied buildings,
supervision and monitoring of the abatement work should be more intense as dictated by the
particular project circumstances.
2-700 FLOODPLAIN MANAGEMENT PROGRAM STANDARDS
It shall be the policy of DBA to assure that all state properties coming under DBA jurisdiction shall
comply with the Floodplain Management Program.
2-701 AUTHORIZATION
(A) The Section shall review all capital improvement projects to determine whether the
proposed development will be reasonably safe from flooding. If the proposed site is within a
flood prone area, a development permit shall be submitted and approved prior to releasing
the project for bidding or construction.
(B) All requests to the Section for variance from these guidelines shall be submitted through the
Arkansas Department of Agriculture, Natural Resources Commission to the Federal
Insurance Administrator. DBA shall provide all available technical assistance concerning the
flood management program to all requesting state departments. DBA shall cooperate with
the Natural Resources Commission, the Federal Insurance Administrator, and with all
parties in implementing an effective flood management program. Flood hazard boundary
maps may be examined at DBA or the Natural Resources Commission or in some cases, in
the local Soil Conservation Service Office. Maps are also available at the FEMA website,
www.FEMA.gov
.
2-702 DEVELOPMENT SUBJECT TO PERMITTING REQUIREMENTS
(A) Developments subject to the DBA floodplain management program include but are not
limited to improvements to or new construction of buildings, structures, mining, dredging,
excavating, drilling operations, filling, grading, paving, landscaping, or storage of equipment
of materials.
(B) New project sites should be carefully selected to avoid development in a known floodplain,
flood hazard area, or wetland. Prior to selecting a site, the Department should review all
available data and consult with the Section to minimize the impact of developing in a
floodplain on the project.
(C) Renovation or alteration project sites should be reviewed to determine if the site is in a
known floodplain. While interior renovations and roofing projects may not necessarily
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require a floodplain development permit, the expenditure of funds on projects located within
a floodplain may not be a wise use of public funds. Additionally, if the project site is located
in the floodplain, the Department should discuss this finding with its insurance risk
management representative to ensure that the existing facilities are adequately covered for
flood damage or loss.
2-703 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 and a brief description of the project to the Section.
(2) The Section will locate the project on the applicable flood hazard boundary map and
advise the submitting Department as to whether:
(a) The project is not in a flood management area and they may proceed without
further consideration of the DBA flood management program;
(b) The project is in a flood management area but is a conforming use and they must
comply with DBA flood management program guidelines; or
(c) The project is in a flood management area and is a non-conforming use. In this
case, the submitting Department may relocate the project so that it does conform
or may apply for a variance using the procedures outlined in these standards.
(B) The Section shall review proposed development to assure that all necessary permits have
been received from those governmental agencies from which approved is required by
federal or state law, including Section 404 of the Federal Water Pollution Control Act
Amendments of 1972.
(C) Failure to comply with the provisions of the DBA floodplain management program may result
in the loss of Federal or State disaster assistance for the recovery and reconstruction of
flood damaged facilities. Furthermore, under circumstances of repeated loss, the
Department and the State may be denied Federal funds for other programs or activities.
(D) Departments are encouraged to prepare, or have prepared, scaled maps of their campus or
site showing all man-made features and the boundary of any floodplain on the property.
Where base flood information is available, the elevations of the base flood and existing
structures should be noted. This information is critical in the planning of future developments
at the site. If the Department has such information prepared, a copy shall be provided to the
Section for record.
2-704 PERMITS
(A) When a Department proposes to develop property within the boundaries of the 100-year
floodplain or a DBA designated flood hazard area, the Department shall submit an
application for a development permit on a form approved by the Section. The form shall
include but not be limited to the following information:
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(1) Application number (Department Project Number issued by the Section);
(2) Date of application;
(3) Name of the Department/Owner of the property;
(4) Address of the development site (or legal description if an un-developed site);
(5) Type of development;
(6) Brief description of the development;
(7) Base flood elevation at the site;
(8) Elevation of the lowest floor of the proposed structure;
(9) Acknowledgement of attachments to the permit application; and
(10) Typed name and phone number or the applicant and signature and date.
(B) The Department should attach all information pertinent to the application that will support the
application. Attachments should include but are not limited to:
(1) A copy of the FEMA map for the project site with the exact location of the project site
marked;
(2) Copies of other regulatory agency permits such as those required under Sections 401
and 404 of the Federal Water Pollution Control Act and Amendments;
(3) Elevation Certificates;
(4) Certification of No Increase in the Base Flood Elevation or no rise certificate;
(5) Flood-proofing certificate;
(6) Certification for water supply systems, sanitary sewer systems and on-site waste
disposal systems; and
(7) Notification of the alteration or relocation of a watercourse.
(C) The Section shall review the permit application and approve or disapprove the application.
Requests for additional information may be made in conjunction with the initial review of the
application.
(D) If the application is approved, the floodplain administrator will issue a development permit
for the design phase of the project. A copy of the permit shall be posted at the project site
during the construction and available for review by DBA or any other regulatory entity during
normal business hours at the site.
(E) At the completion of the project but prior to final acceptance, DBA will review the
development site to verify compliance with the permit requirements. The floodplain
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administrator will sign off on the permit signifying that the development complies with the
permit requirements. If non-compliant work or construction is discovered, the Department
shall make the necessary corrections for compliance or the project will be designated as a
non-conforming use site under the DBA floodplain management program.
(F) In riverine situations, the Department shall notify DBA, adjacent communities, and the State
NFIP Coordinator at the Natural Resources Commission prior to any alteration or relocation
of a watercourse and submit copies of such notifications to the Federal Insurance
Administration. Assure that the flood carrying capacity within the altered or relocated portion
of any watercourse is maintained. This assurance shall be accompanied by and engineering
study of the before and after conditions and shall have been prepared by a registered
professional engineer.
2-705 FEMA MAP DESIGNATIONS AND TYPES
(A) FEMA is the official source for all floodplain maps used in the DBA floodplain management
program. FEMA began publishing flood hazard boundary maps for the United States in
1977. These early maps were constructed from information obtained from other sources
such as the Army Corps of Engineers, US Geologic Survey Services, US Soils
Conservations Service, and other available sources. In some instances, the data used to
compile these source maps had not been updated in many years. In many parts of the
State, these older maps are still the effective maps in use.
(B) FEMA regularly reviews these maps and will issue updated maps periodically when new or
better flood study information is available. These maps will be designated by a community
panel number and an effective date. Some maps will be designated as Flood Hazard
Boundary Maps (FHBM), Flood Insurance Rate Maps (FIRM), Special Flood Hazard Areas
(SFHA) or other designations.
(C) Maps are issued in several formats. Some older maps will be printed on ledger size paper
(11”x17”) and are commonly referred to as “plates”. Larger format maps are printed and
folded much like a road map and are commonly referred to a “panel.” Newer maps are being
issued in an electronic format and are referred to as a “DFIRM” or digital map. Some maps
are available for viewing and or purchasing at the FEMA website (www.fema.gov).
(D) Due to the methodology of producing the original maps and the incorporation of better
information from actual field studies, sometimes property which is shown in a known
floodplain may actually be at an elevation that is above the established base flood elevation.
In these instances, the Department or owner may submit an application to FEMA to have
the property in question removed from the floodplain for insurance purposes. FEMA
evaluates these applications and may issue a letter of map amendment (LOMA) or letter of
map revision (LOMR). The actual map panel may not be redrawn to reflect this change until
the next scheduled revision.
(E) Some maps or portions of maps will show a floodplain boundary but will not show the
elevations of the base flood. In these cases, the Section may determine the approximate
base flood elevation by one or more of the following methodologies: contour interpolation,
obtain a base flood elevation determination from another authoritative source, review of high
water marks from previous flood events, review of flood studies prepared by other
government or private agencies. In the absence of a base flood elevation determination by
FEMA, the Section determination will be the official determination for that specific site.
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(F) Some maps or portions of maps will show a floodplain boundary with base flood elevation
data but will not indicate a designated floodway. In these cases, the Section will use the
established base flood elevations and may designate a portion of the floodplain as a
floodway for the purpose of regulating the development in the floodplain. The area selected
and designated a regulatory floodway shall be based on the principle that the area chosen
for the regulatory floodway must be designed to carry the waters of the base flood, without
increasing the water surface elevation of that flood more than one foot at any point in the
floodplain. The DBA designated floodway will be the official determination for that specific
project site.
(G) Some areas of the State have not yet been mapped by FEMA for flood hazard areas. When
a project site falls within an unmapped area, the Section will determine if the project site is
located within a potential flood prone or hazard area. When the project site is determined to
be in a flood hazard area, the Department shall be required to relocate the project outside of
the DBA determined hazard area or to provide an engineering study to verify the site will not
be in a 100-year flood hazard area.
2-706 GENERAL REQUIREMENTS
(A) 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 in accordance with
standard engineer practice that the proposed encroachment would not result in any increase
in flood levels within the floodway during the occurrence of the base flood discharge.
Engineering analyses shall be prepared by a registered professional engineer.
(B) Except in unnumbered Zone “A,” until a regulatory floodway is designated, no new
construction, substantial improvements, or other development (including fill) shall be
permitted.
(C) Notwithstanding any other provisions, encroachment may be permitted within the adopted
regulatory floodway that would result in an increase in base flood elevations, provided that
the requesting Agency first applies to FEMA for a conditional FIRM and floodway revision,
fulfills the requirements for such revisions as established under the provisions of NFIP
Regulations, Section 65.12, and receive the approval of the Flood Insurance Administrator.
(D) Construction of new structures or substantial improvements to existing structures are
prohibited within the floodplain unless it has been demonstrated through hydrologic and
hydraulic analyses, performed in accordance with standard engineer practice, that the
proposed construction would result in an increase in flood levels of less than 1-foot within
the floodplain during the occurrence of the base flood discharge. Engineering analyses shall
be prepared by a registered professional engineer.
(E) Adequate drainage paths around structures on slopes are required within the floodplain to
guide floodwaters around and away from proposed structures.
(F) New structures or modifications and equipment installed within a floodplain shall be installed
using methods and practices that minimize the potential for damage or loss due to flooding.
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2-707 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 show in this paragraph.
(B) Where no FEMA map exists and the project site is located in a flood-prone area, the
minimum elevation shall be 2 foot above adjacent grade.
(C) Where a FEMA map exists but no base flood elevation data is provided within 500 feet of
the project site location, the minimum elevation shall be 2 foot above the base flood
elevation established by DBA.
(D) Where a FEMA map exists but no base flood elevation is provided at the project site and a
base flood elevation is noted within 500 feet of the site or a base flood elevation is obtained
from another authoritative source such as a Corps of Engineers study or ARDoT study, the
minimum elevation shall be 1 foot above the base flood elevation accepted by DBA.
(E) Where a FEMA map exists and a base flood elevation is provided at the project site, the
minimum elevation shall be 1 foot above the elevation shown on the map, in the flood
insurance study if available, or as interpolate between elevations shown on the map.
2-708 RECOMMENDED DEVELOPMENT TYPES IN A FLOODPLAIN
(A) While it is strongly desirable to prohibit development within the floodplain, DBA recognizes
that there are beneficial developments that, when constructed properly, can provide vital
public spaces while minimizing the potential for damage or loss due to flooding.
Departments are encouraged to reserve the floodplain for these uses to the maximum
extent possible.
(B) When possible, floodplains at a department site or campus should be reserved for their
natural purpose. Leave floodplains in their natural state as wildlife or bird habitats.
Departments shall maintain the floodplain and floodway in a manner that will reduce or
minimize the accumulation of debris in the floodwaters, which may inhibit or restrict the free
flow of the waters. When clearing or landscaping of a floodplain is necessary to reduce fire
hazards, for safety and security or to enhance the scenic view from a building or gathering
point, the area located within the boundaries of the floodplain should be left as a green belt
or space. Erosion control measures shall be implemented to ensure that flood events do not
create erosion or unacceptable levels of sediment transportation.
(C) Development of walking, biking, and riding trails within the floodplain particularly along the
stream or river are encouraged to allow the public to experience the beauty of these natural
features. Amphitheaters and gazebos may be constructed within the floodplain provided that
they are securely anchored to prevent floatation or collapse and are constructed of materials
to resist flood damage. Departments should emphasis the purpose of the floodplain and
floodway through the use of informational and interpretive signs and exhibits.
(D) Sports fields and playgrounds may be constructed within the floodplain. Equipment installed
must be properly anchored and constructed of materials that resist flood damage. Bleachers
and stands may also be installed provided that they are properly anchored to prevent
flotation, collapse and allow the free flow of floodwater through the structure. Concession
stands that are enclosed on four sides must be elevated above the base flood elevation in
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accordance with §2-706.
(E) Parking lots may be constructed within the floodplain provided no overnight parking is
allowed at the site. Parking lot lighting must be installed on an elevated concrete pedestal
with the hand-hole installed above the base flood elevation. All wiring shall be installed to
prevent the entry of water into the conduit system. The electrical disconnect serving the
lighting circuits must be installed above the base flood elevation and preferably outside the
floodplain. Consideration to the anticipated velocity of floodwaters shall be considered in the
selection of the paving system to minimize the loss of paving during a flood event. Provide
adequate signage indicating that part or all of the parking is located in a known floodplain
and that flooding may occur without warning during periods of heavy rainfall. Layout and
location of signage must be included in the review submittal to the Section.
(F) Campsites and recreational vehicle parking may be constructed within a floodplain provided
that the following conditions are met:
(1) Campsites may be constructed with permanent tent pads and accessories such as
grilles, seating, fire rings and similar appurtenances. Campsites may be suitable for
tents or pull along campers only. Tents and pull along campers shall be on site no
more than seven (7) consecutive days and must be suitable for strike-down within less
than one (1) hour. No permanent cabins, lodges; or similar structures are allowed
unless the lowest floor level is elevated above the base flood elevation in accordance
with §2-707.
(2) Recreational vehicles shall be on the site for fewer than 180 consecutive days and
must be fully licensed and ready for highway use. A recreational vehicle is considered
ready for highway use if it is on its wheels or jacking system, is attached to the site
only by quick disconnect type utilities and security devices and has no permanently
attached additions. Vehicles not meeting these requirements must be installed to meet
the elevation and anchoring requirements for “manufactured homes.”
(3) Where overnight camping is allowed within a floodplain, the Department shall have a
written formal emergency plan for staff use in the notification of campers and the
evacuation of the affected campsites. The Department shall also install signage at
each campsite advising the camper that the site is located with a known flood hazard
area and shall provide a clearly designate evacuation route to a safe location. Signage
shall clearly mark the evacuation route and area of refuge. When campers check in at
the campground, the Department shall provide printed instructions on the evacuation
procedures during flooding and shall provide the campers with a map showing the
evacuation route, signage, and area of refuge. Sign design and locations shall be
indicated on plans and submitted for review.
(4) Departments should also post warning signs at all locations within its property that may
be subject to flash flooding regardless of whether the area is located in a known
floodplain. Signage should advise that the area is known to be subject to flash flooding
during heavy rains and that caution is advised during rainy weather. The signage
should also provide directions to the closest exit from the flood prone area.
(5) Campsites and recreational vehicle parking may be provided with utility hook-ups such
as electricity, water, and sewer provided that these utilities are designed to prevent the
entry of floodwaters into the piping systems. Electrical connections within the
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floodplain area shall have a disconnecting means located outside the floodplain or at
an elevation above the base flood elevation and shall be accessible by the
campground operators to disconnect power during flood events.
(G) Telecommunication towers, utility poles or towers, underground utilities, and similar facilities
may be constructed in the floodplain provided that facilities are designed to resist collapse
due to floodwaters, are properly anchored and permit the free flow of water in and around
the structures. For utility service lines such as water, sewer, gas, electric and similar, the
piping system shall be designed to prevent the entry of floodwater.
2-709 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 with the lowest floor below the base flood elevation.
(B) Water treatment and sewage treatment plants shall not be constructed with the lowest floor
or operations level below the base flood elevation. When topography requires that such
facilities must be constructed below the base flood elevation, the facility shall be protected
from flooding by the use of levees or floodwalls and provided with reliable means to remove
rainwater before over topping the critical treatment tanks or structures.
(C) Where these types of structures must be located within a floodplain, the Department must
elevate the building or equipment pads above the base flood elevation by installing suitable
fill. This installation must comply with the provisions of §2-706.
(D) The Department may make application to FEMA for the site to be removed from the
floodplain based on this fill activity. If FEMA approves the application, they will issue a letter
of map amendment based of fill (LOMAF). A copy of this letter must be submitted to the
Section before the plans can be approved for bidding or construction. Note that this approval
is for insurance purposes under the National Flood Insurance Program only and may not
result in a premium reduction under the current State master insurance policy. The
Department shall verify the insurance requirements and restrictions with its insurance risk
management representative.
2-710 STRUCTURES THAT MAY BE PERMITTED BELOW THE BASE FLOOD ELEVATION
(A) Non-residential structures may be permitted if dry flood proofed or wet flood proofed subject
to the Section approval. Types of structures that will be considered include but are not
limited to, picnic pavilions, park restroom facilities, parking garages, boat storage, and
marine dock facilities (including dock-mounted stores).
(B) For dry flood proofing, the structure and attendant utility and sanitary facilities, shall be
designed so that below the base flood level the structure is watertight with walls
substantially impermeable to the passage of water and with structural components having
the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. The
elevation of the dry flood proofing must be equal to the elevations noted in §2-707, certified
by the design profession and documentation submitted to the Section for review and
approval.
(C) For wet flood proofing of new construction and substantial improvements, fully enclosed
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areas below the base flood elevation which are subject to flooding, shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and
exit of floodwaters. Designs for meeting this requirement must be certified by a registered
engineer or architect and meet or exceed the following minimum criteria:
(1) A minimum of two openings having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding shall be provided. The bottom of
all openings shall be no higher than one foot above grade. Openings may be equipped
with screens, louvers, valves, or other coverings or devices provided they permit the
automatic entry and exit of floodways.
(2) Automatic vents and screens must be periodically inspected and tested to ensure
proper operation during a flood event. The Agency shall maintain a record of each test
procedure and result along with maintenance records on the automatic type vents.
(3) Structure shall be constructed with materials resistant to flood damage and allow for
quick sanitary cleanup and return to service. Materials that support the growth of mold
shall be prohibited.
(D) Structures shall be adequately anchored to prevent flotation, collapse, or lateral movement
of the structure or equipment resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy and velocity of the water. The potential for debris impact must also
be considered as well as the probability for the structure or contents becoming debris for
downstream property. Designs for meeting this requirement must be certified by a registered
engineer or architect.
(E) Facilities shall be constructed with electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities that are designed or located to prevent
water from entering or accumulating within the components during conditions of flooding.
Designs for meeting this requirement must be certified by a registered engineer.
2-711 MANUFACTURED HOMES AND PORTABLE BUILDINGS
(A) 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. When these
types of structures must be located in a floodplain, the Department may raise the grade on
which the structure sits and the surrounding grade to meet or exceed the base flood
elevation.
(B) The chassis shall be supported by reinforced concrete piers or other foundation elements of
equivalent strength and shall be no less than 36 inches above the base flood elevations and
be secured to an adequately anchored foundation system to resist floatation, collapse, and
lateral movement. All mechanical and electrical equipment (including ductwork) shall be
installed in accordance with §2-710(E).
(C) When an existing manufactured home or portable building which has been located below
the base flood elevation has incurred “substantial damage” as the result of a flood, it shall
not be replaced or repaired unless the provisions of §§2-711(A) & (B) are met.
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2-712 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 provided to reduce exposure to flood hazards around these
facilities.
(C) New and replacement sanitary sewage systems shall be designed to minimize infiltration of
floodwaters into the systems and discharges from the systems into waters.
(D) Onsite waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(E) Roads and driveways for normal access may be constructed below the base flood elevation
as the topography may require. Roads and drives required for access by emergency
vehicles during a flood for evacuation or emergency rescue or response shall be
constructed at or above the base flood elevation.
(F) Bridges and crossings of streams, creeks and primary drainage paths of floodwaters may be
constructed below the base flood elevation provided that proper signage is installed advising
of “low water crossing, do not enter when water is above roadway”. Construction must be
compliant with §2-706 and other applicable sections of the DBA floodplain management
program.
2-713 VARIANCE
(A) The issuance of a variance is for floodplain management purposes only. Insurance rates are
determined by statute according to actuarial risk and will not be modified by the granting of a
variance. Therefore, while a variance initially offers relief to a developer Department, for
example, though lower construction costs, higher insurance premiums may offset or exceed
the reduced cost of construction. The DBA Flood Plain Administrator, after examining the
applicant’s hardship, shall approve or disapprove a variance request. While the granting of
variances generally is limited to a lot size less than one-half acre, deviations from that
limitation may occur. However, as the lot size increases beyond one-half acre, the technical
justification required for issuing a variance increase. Variances may be issued for the
reconstruction, rehabilitation or restoration of structures listed on the National Register of
Historic Places or a State Inventory of Historic Places, without regard to the procedures
described in this section.
(B) If a Department wishes to construct a non-conforming structure in a flood management
area, that Department shall:
(1) Submit a description of the proposed project in enough detail to allow consideration of
the eleven variance factors listed below.
(2) Submit a written detailed response to each of the variance factors listed below. DBA
will consider the variance in conjunction and either disallow the variance, thereby
requiring that the project be relocated, or submit it to the DBA Flood Plain
Administrator for consideration:
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(a) Danger to life and property due to increased flood heights or velocities caused by
non- conforming structure.
(b) Danger that materials may be swept downstream and cause injury to persons or
property.
(c) Ability of any proposed water supply or sanitary systems to prevent disease,
contamination, and unsanitary conditions.
(d) The susceptibility of the proposed facility and its contents to flood damage and the
practicality of plans to prevent such damage.
(e) Importance of the proposed facility to the state or local community.
(f) Degree of necessity that the proposed facility be placed in this location.
(g) Availability and practicality of alternate locations.
(h) Compatibility of the proposed facility with existing development.
(i) Relationship of the proposed facility to the comprehensive plan and floodplain
management program for the area.
(j) Safety of access of the facility in times of flood, particularly for emergency
vehicles.
(k) The expected heights, velocity, duration, rate of rise, and sediment transport of
the floodwaters expected at the site.
(C) Procedures for the granting of variances are as follows:
(1) Variances shall not be issued by the DBA Flood Plain Administrator within any
designated regulatory floodway if any increase in flood levels during the base flood
discharge would result;
(2) Variances may be issued by the DBA Flood Plain Administrator for new construction
and substantial improvements to be erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing structures constructed below the
base flood level, in conformance with the DBA floodplain management program
requirement; or
(3) Variances shall only be issued by the DBA Flood Plain Administrator upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
(c) A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict with existing
State or Federal Laws.
(d) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(D) DBA shall notify the applicant in writing that:
(1) The issuance of a variance to construct a structure below the base flood level will
result in increased premium rates for flood insurance up to amounts as high as $25
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annual premium for $100 of insurance coverage; increased deductibles per claims and
in some instances, insurance coverage may be denied.
(2) Such construction increases the risk to life and property.
(3) Any terms or conditions of the variance approval.
(4) This information constitutes notification to the applicant of the criteria for and
consequences of the issuance of the variance.
(5) DBA shall maintain a record of variances and report the number of variances to the
Federal Insurance Administrator when requested.
2-714 REPORTING A FLOOD EVENT
To provide for effective management of floodplain development, it is essential that DBA be informed
about each flood event in sufficient detail to plan future developments and adjust the floodplain
management program. Therefore, departments shall report each flood event to the DBA designated
floodplain administrator and to its respective insurance risk management representative. The report
shall include but not be limited to the following items:
(A) Date of the flood event.
(B) Rainfall in inches and duration of rain in hours (if known).
(C) A description of the damage to structures and facilities (include photos).
(D) A map of the campus or site showing the boundaries and elevations of the flooding at high
water. If a map is not available, mark the high water at 100-foot intervals along the perimeter
and on structures that were partially flooded and notify DBA. DBA will attempt to locate a
suitable map and assist the department with this documentation.
(E) Attach copies of news articles or reports that indicate the magnitude of the flood. If an
authoritative source such as the Corps of Engineers or National Weather Service designates
the event as a particular frequency event such as a 25-year, 50-year, 100-year event or
similar, include a copy of this information.
It is not the intent of this policy to inhibit a Department’s response to or recovery from a flood event.
This report should be completed after the emergency is over and submitted no later than 60 days
after the event. However, a Department may request a 30-day extension if submitted in writing. The
request should include the date of the event brief description of the damages and the estimated
date the full report can be submitted.
Once an insurance settlement has been determined, the Department shall submit a supplement to
the report noting the value of the total losses and the amount of the insurance settlement. This
information is requested for tracking purposes only.
2-800 ENERGY CONSERVATION
(A) The life cycle cost of operating a building, including energy cost and labor cost, can often
exceed the cost of the building construction by 8 to 10 times. Efforts to reduce energy
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consumption or improve employee efficiency by as little as 10% can often result in lifetime
cost savings equaling the cost of new construction. It is therefore incumbent upon each
building operator, manager, and designer to be aware of the issue regarding energy
consumption in the building and to plan construction and operations as wisely as possible to
minimize the energy consumption while meeting the operational needs of the facility and
while promoting a healthy indoor environment.
(B) Energy Conservation for only the sake of avoiding energy consumption can often lead to
indoor environmental problems that can have a potential cost far greater than the value of
the energy saved. All energy plans should consider not only the energy reduction but also
the impact upon the building materials, systems and upon the occupant’s health and
productivity. Pursuant to the Arkansas Energy Code and the Arkansas Fire Prevention
Code, all new construction projects and renovations shall comply with these codes.
Departments should give careful consideration to the principles of the standards and codes
for incorporation into the project design to allow a stable base from which the building
operator can begin to manage the building’s energy consumption. All occupied buildings
shall be designed to maintain the indoor environment within the parameters of the “Comfort
Envelope” as defined in the ASHRAE Fundamentals Handbook. This envelope defines a
range of temperatures and humidity levels that are deemed to be acceptable to most
occupants under normal activity levels.
2-801 LIFE CYCLE COST ANALYSIS
In accordance with the Arkansas Department of Energy and Environment, Office of Energy (AEO)
rules for Energy Efficiency and Natural Resource Conservation in Public Buildings, Departments
and the Project Designer are required to evaluate all material and equipment selections on the
basis of life cycle cost as opposed to a first cost only for new construction projects exceeding
20,000 SF and for renovations of buildings exceeding 20,000 SF wherein the renovation cost
exceeds 50% of the insured value of the building. During a competitive bid process for construction,
often the product having the better life cycle cost can be incorporated into the project for little or no
incremental cost over the lesser quality product. Departments should evaluate the proposed
products at a 30-year life cycle. Careful consideration should also be given to the utility escalation
rates, the maintenance rate and the discount rates for the cost of money. These factors can vary
significantly from those applied to private sector cost (shorter life cycle) and if improperly applied
can invalidate the analysis. Departments are encouraged to use life cycle costing on all other
projects to the extent that it is economically feasible.
2-802 AUTOMATED CONTROLS
Where possible use automatic controls for HVACR systems and for lighting applications. Space
temperature and humidity should be controlled by automatic controls capable of maintaining the
space set-point within a fixed upper limit and lower limit. Where practical, provide for the automatic
setback or setup of the space temperature during the un-occupied periods. Avoid turning off
systems where the rise in space temperature or humidity above the ASHRAE recommended
maximums might result in damage to the building materials or growth of microbiological organisms.
Avoid exposing the building water systems or other components to potentially damaging freezing
conditions. Where possible, use space occupancy sensors such as motion sensors to control
lighting and individual room air conditioning terminal units allow setback or to turn out the lights
when a space is unoccupied. Where sufficient natural lighting exists due to windows or skylights,
use automatic lighting controls to regulate the overall space lighting levels.
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2-803 MANUAL CONTROLS
When automatic controls are not part of the building systems, the building manager should develop
policies for each building or facility. These policies should be written and distributed to all
employees. The policy should encourage the conservation of energy through the direct involvement
of the building occupants. Occupant efforts should include activities such as turning lights off when
not in use; maintaining thermostat settings as directed by the building manager; set-back or set-up
thermostat settings during the un-occupied periods; do not leave windows open when the building
heating or air conditioning systems are in operation; use the blinds or drapes to moderate the
lighting level in the space so as to take maximum advantage of the natural lighting and so as to
reduce the building air conditioning load; leave blinds or drapes closed when the space is un-
occupied and over the weekends and holidays; do not use electrical space heaters in spaces that
are air-conditioned. Adjust the heating/cooling set-points or encourage employees to dress in
multiple layers of lightweight clothing such as jackets or sweaters, which can be removed or added
to accommodate individual variations in comfort levels.
2-804 EQUIPMENT EFFICIENCY
(A) Do not overlook water conservation as an opportunity to reduce or manage the building
operating cost. When selecting water-cooled or liquid-ring seal equipment, consider the
water usage rates. When designing or operating lawn irrigation systems, consult with the
Cooperative Extension Service to determine the maximum water rates for all vegetation.
Evaluate the soil conditions with regards to absorption rates. Where possible, provide
irrigation systems that calculate the evaporation transpiration rate based on local conditions.
It is more effective to have multiple watering cycles to allow ample time for the water to
absorb into the soil than to have longer cycles, which result in excessive run-off. Be cautious
not to over water especially where large trees are concerned. The damage caused by the
loss of an old growth tree due to over watering can be many times the cost of proper
watering in that area. Where possible, use plumbing fixtures with infrared sensors to activate
the flow of water. This not only saves water but also is also more sanitary and reduces the
transmission of bacteria from hand contact with the fixture.
(B) Departments and designers should endeavor to specify new equipment and fixtures to be
Energy Star compliant. Energy Star equipment has been tested and certified to be low
energy consuming during normal operation. In addition, many Energy Star products such as
computers have built-in power reduction modes that further reduce energy consumption
during non-use or standby periods. Building managers should encourage occupants to not
defeat or disable these energy reduction features. Equipment, like building systems, should
be selected based on the best life cycle cost for each specific application.
2-805 ENERGY STAR BUILDING PROGRAM
(A) The Energy Star Building Program is a voluntary partnership between U.S. organizations
and the U.S. Environmental Protection Agency (EPA) to promote energy efficiency in
buildings. These organizations represent owner-occupied public and privately owned
buildings. The EPA provides participants in the program with unbiased technical information,
customized support services, public relations assistance, and access to a broad range of
resources and tools.
(B) The Energy Star Building Program allows building owners to benchmark their building’s
energy performance relative to other similar properties in the program database. The Energy
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Star Building Label is awarded to buildings performing in the top 25% percentile of the
market. This mark of excellence in energy performance signifies that the building has out-
standing energy performance, lower operating cost, and superior value. Buildings qualifying
for the Energy Star Building Label are eligible to receive a placard to display on the building
denoting the building as an Energy Star Building and the year date the building was
certified.
(C) The Energy Star Building Labeling program is co-sponsored by the EPA and the U.S.
Department of Energy. Information concerning the program criteria and participation can be
accessed through the EPA web site at www.epa.gov/buildinglabel
. Departments are
encouraged to apply for the building label.
(D) The Energy Star Portfolio Manager building benchmarking program is recommended for
agencies subject to the energy reduction mandate of Governor’s Executive Order 09-07 and
Ark. Code Ann. § 22-3-2001 et. seq. as a tool to monitor and achieve the goals of the
Department’s Strategic Energy Plan.
2-900 DESIGN STANDARDS
The standards contained herein are considered the minimum acceptable for capital improvement
projects submitted to the Section. Departments and their design professionals are encouraged to
exceed these standards when in the best interest of the State. If the Department encounters a
situation whereby these minimum standards cannot be met, the Department shall submit a written
request to the Section for a waiver of each specific standard. The waiver request shall define the
conditions of the project that cannot meet the MSC, the applicable paragraph references for which
the waiver is sought, the cost of compliance with the MSC if the waiver is not granted, and the cost
of the proposed alternate construction and why the Department cannot comply with the standards
under the proposed project. All waivers must be approved by the Section in writing prior to the first
plan submittal to the Section.
2-901 DESIGN PHILOSOPHY
(A) The goal of the Department and its consulting Design Professionals should be to create a
capital investment that meets the user’s functional requirements, program requirements and
provides the most economical life cycle cost for the taxpayer. Buildings and structures will
often be used for periods exceeding fifty (50) years and consequently, should be designed
for durability, adaptability, and economy of operation and ease of maintenance. The State
currently has many functioning buildings that are over fifty (50) years old.
(B) Building system components should be selected based on life cycle cost. If an increased
first cost or initial cost can be documented to show a reduced life cycle cost for the State,
particularly for operating and personnel cost, then the design should incorporate the more
expensive first cost feature or system. Studies have shown that the initial construction cost
for most buildings equals 10% or less of the total cost of owning and operating a building
over the life cycle of the building. Departments shall require the Design Professional to
produce life cycle cost data for review before approving a design element or system where
required by the AEO Rules for Energy Efficiency and Natural Resource Conservation in
Public Buildings.
(C) Departments must be alert to ensure their consulting Design Professionals exercise
discipline in their designs to promote efficient use of facility space in terms of floor area and
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building volume. Exterior design features and materials should be consistent with the
architectural character of the surrounding buildings and should complement the natural
materials at the site. Excessive features or unusual geometry, which are not related to the
function or intended use of the facility, shall be avoided.
(D) Acceptance of a particular design does not imply that other more cost-effective designs are
not acceptable. Good architecture can be achieved simply by good design which implies
sensitivity to scale, mass, proportion, color, materials, lighting, and detail, none of which
necessarily cost more.
2-902 DESIGN STANDARDS AND REQUIREMENTS FOR OWNER/DEPARTMENTS
(A) The Department and the Design Professional should be aware of differences between
private work and work performed for the State. Failure to comprehend these basic
differences in rules and policies can result in costly disputes, protest, claims, and document
re-submittals. The Design Professional should become familiar with these differences, which
include but are not limited to the following areas:
(B) Since the knowledge and experience of the contractors bidding on the project is unknown,
drawings and specifications requirements shall be clear as to the intent of the work. The
plans and specifications must be clear, concise, and provide thorough detailing of existing
and new construction.
(C) Sections, details, and dimensions must be in sufficient quantity, clarity, and detail to allow
the bidder to understand what is expected, to make takeoffs of material types and quantities,
and once hired, to prepare shop drawings and execute the construction. This particularly
applies to stairs, special connections for framing, typical details of system interfaces,
flashing for roofs, walls, and similar building features.
(D) Details should clearly distinguish between existing and new construction. The drawings
must also clearly show the beginning and the ending point of demolition requirements.
(E) The project design is solely the responsibility of the Design Professional. Specifications
requiring the contractor to provide engineering design are not acceptable unless the
products specified for contractor design are closed-engineering systems. Closed
engineering systems may include pre-engineered metal buildings, elevated water storage
tanks, prefabricated trusses, post tensioned structural concrete slabs, pre-cast concrete
systems and common steel structural connections. Other systems can be classified as
closed-engineering systems if approved in writing by the State Engineer. When closed-
engineering system specifications are used, the Design Professional shall include the
requirement for such systems designs to be stamped by a professional engineered duly
licensed to practice in the State pursuant to Ark. Code Ann. § 22-9-101 et seq. Closed-
engineering system shop drawings shall be submitted through the Design Professional to
the engineer of record for review and approval for incorporation into the overall project
design.
(F) To encourage competition required in the expenditure of public funds, performance
specifications that define a desired result or assembly are strongly preferred. If performance
specifications are not practical, and a manufactured product must be used to define a
desired result of assembly, then at least three manufacturers and three products should be
referenced. Do not reference both manufactured products and performance criteria because
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conflicts in the performance criteria and the product performance may create ambiguity and
result in the misapplication of a product, a protest, or a claim.
2-903 SPECIFICATION STANDARDS
(A) Specifications shall clearly define the quality, performance, and installation standards for the
Work and the conditions under which the Work is to be executed. They shall be in sufficient
detail to describe the materials, equipment and supplies, and the methods of installation and
construction. Required tests and guarantees shall be indicated in the specifications.
(B) Federal Specifications, MILSPECS, Corps of Engineers Specifications, and ARDoT
Specifications often contain requirements or standards which are not applicable to State
work. Those specifications may contain requirements and options ranging from the lowest
quality to the highest quality product, which must be carefully reviewed, selected, and
identified in the specifications. Therefore, it is recommended that all reference to these types
of specifications be avoided.
(C) Specifications shall be on 8 ½” by 11” sheets and bound into a project manual with bid sets
preferably printed on both sides of the sheet. Type print size shall be suitable for
microfilming and shall not be smaller than 12-point type size. The table of contents pages, or
index, shall be dated with the same date as the drawings and shall be sealed and signed by
the appropriate Design Professionals.
(D) The Project Manual shall include but not be limited to:
(1) Title of Project and Name of Department;
(2) Names, address, phone and fax numbers of the Design Professional and all
consultants;
(3) An index of all contents;
(4) Notice of Invitation to Bid;
(5) Instructions to Bidders;
(6) Bid Form;
(7) The General Conditions;
(8) Supplemental General Conditions, (if applicable);
(9) Contract Between Owner and Contractor;
(10) Workers Compensation Insurance Certificate;
(11) Standard Performance and Payment Bond;
(12) List of Drawings;
(13) Other Division Zero (0) Requirements, as appropriate;
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(14) Technical Specification (Divisions 1-49 Applicable Sections).
(a) Technical Specification Sections shall be numbered with appropriate six-digit
section numbers corresponding to the CSI numbering system. The preferred
paragraph numbering system format is the Alpha Numeric format; and
(b) Technical Sections shall be subdivided into the Part I-General, Part II, Products,
Part III- Execution format; and
(15) Appendices containing Soils Report, Asbestos Report, or other information pertinent to
the project but not a part of the Work. Such material should be noted as,
“INFORMATION ONLY,” for use by the Contractor as he deems appropriate.
(E) The four (4) types of specifications used on State projects are performance specifications,
non-proprietary specifications, proprietary specifications, and sole source specifications.
(F) Performance Specification or Non-Proprietary formats are the preferred methods of
specifying materials, equipment, and systems. A non-proprietary specification shall be
written either as a generic performance specification (preferred); or as a specification
naming a minimum of three (3) manufacturers with model or series numbers. The following
describes the DBA requirements for performance specifications and non-proprietary
specifications.
(1) A generic performance specification must be written to describe the required
characteristics, performance standards, capacities, quality, size or dimensions, and the
like, of the item or system. The specifications must be written with sufficient detail to
allow manufacturers to determine if their product meets the requirements of the
project. Include only the salient features that will be used to judge a product’s
acceptability for the project. The performance specification shall not name
manufacturers or brand name products.
(2) A non-proprietary specification may be based on a manufacturer/model number type
specification and must list at least three (3) manufacturers with their respective model
numbers. Each of the listed manufacturers/model numbers must have been
determined by the Design Professional to meet the specifications and be acceptable. If
a named manufacturer prepackages or preassembles its item or system, the model
number shall be specified. If the named manufacturer(s) custom builds the item or
system, naming of model numbers is not required. When model numbers are used in a
specification, be aware that each number and letter may be a unique identifier for
various features of that manufacturer’s product line. Avoid listing model long numbers.
Limit the model number to the point necessary to describe the appropriate series of
products and describe the unique product characteristics in the body of the
specification or the schedules.
(3) The non-proprietary specification must describe the required characteristics,
performance standards, and capacities that will be used to determine equal products.
Do not specify extraneous characteristics that do not relate to the products’
performance or suitability for the project. The specification shall not be contrived to
benefit or exclude any of the manufacturers listed over another. If only two (2)
acceptable manufacturers can be found and documented by model number, but other
equal products are acceptable if found by the bidder, the Design Professional may list
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only those two (2) manufacturers and the phrase “or equal.” If the phrase “or equal” is
used, the design professional may only reject the unnamed substitute if there is clear
evidence of non-compliance in the submittal information presented for review or
documented evidence that the substitute product or material has failed to perform
satisfactorily as intended.
(G) A specification is proprietary if it fails to meet requirements of a generic specification or a
non-proprietary specification. Although a proprietary specification should be avoided
because it restricts competition, circumstances such as space limitations, mandatory
performance standards, compatibility with an existing system, and the like, may leave no
other reasonable choice. Two (2) typical situations that may require proprietary
specifications are:
(1) When only two (2) manufacturers or suppliers provide an acceptable product or
system, when there are no equals and when no substitutions are allowed; or
(2) When only one (1) manufacturer is available, but two (2) or more vendors or suppliers
can purchase the material and compete to provide the product or system to
contractors or bidders.
(H) A specification is sole source when it names only one (1) manufacturer or product to the
exclusion of others, or when it is contrived so that only one (1) manufacturer, product, or
supplier can satisfy the specification. A product or piece of equipment that is available only
through a single franchised vendor is also considered to be a sole source item.
(I) Proprietary and sole source specifications may be used only when the Department has
determined that a proprietary or sole source specification is in the best interest of the State
and that use of alternate materials or equipment will be cost prohibitive. When a sole source
specification is used, the specification shall clearly identify the materials or equipment as a
proprietary or sole source item, the approved supplier or installer and a cost allowance shall
be allocated in the appropriate section for Allowances in the project manual. In this manner,
all bidders will have equal pricing for all allowance items within their bid price. For projects
awarded by summation of unit pricing, the item(s) may be shown as a unit price line item
without the allowed cost shown. The Agency shall incorporate the proprietary or sole
vendor/supplier’s pricing based on the final construction drawings into the allowance item
and shall retain a copy of the vendor/supplier’s price proposal for the item for record. To
ensure that accurate cost accounting of allowances is maintained, adjustments in the
allowance cost during the construction phase shall be by individual line items matching the
allowance schedule. Combining multiple allowance items into a single price or lumping
allowance adjustments into a single pricing with other items is prohibited. It is acceptable
and appropriate to include allowance adjustments with other cost items in a single change
order provide supporting documentation is attached to delineate the allowance adjustments.
(J) Prior to advertising the project for bids that contain sole source specifications, the
Department is encouraged to either procure the sole source item and specify it as Owner
furnished/Contractor installed or the Department may pre-select a sole source item through
a competitive life cycle cost request for proposals (RFP). The product having the lowest life
cycle cost shall be selected and shall be included in the specification as an allowance cost
item listing manufacture, product number, allowance price, vendor contact name, address
and phone number and the manufacturer’s quote number. The specifications shall clearly
indicate that the specified product was selected based on a Life Cycle Cost Analysis.
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(K) The use of standardized specifications or “guide specs” as a basis or resource for editing
has many advantages for the Design Professional, the Reviewer, and the Contractor. The
Design Professional shall edit the guide specifications to include only the materials,
requirements, and procedures applicable to the project. Specifications, which are submitted
without editing, will be rejected as an incomplete submittal. Where Military guide
specifications are used on a project, they shall be edited to delete references to Military and
Federal Specifications. References to the Contracting Officer shall be changed to the
Department. Also, requirements for tests, inspections, and visits to the manufacturer’s plant,
and the like, which are not normally required for state projects shall be deleted.
(L) The Design Professional shall not require samples, shop drawings, or similar materials to be
submitted for approval prior to receipt of bids without the specific written approval of the
Section. The specifications must contain sufficient information to describe to the contractor
and bidders the performance and quality standards that will be used to evaluate the
submittals.
(M) Complex or sensitive systems such as locking systems, detention equipment and security
control systems for prisons often require manufacturers with a proven history of reliable,
operable equipment in special situations with minimal malfunctions. In these instances, sole
source or proprietary specifications may be appropriate.
(N) Projects for the State are not “testing grounds” for new type of materials or equipment.
However, the fact that a material is newly developed does not preclude its use if
documentation of recognized, independent laboratory tests clearly shows that the material
will meet the applicable requirements for the project. The Department shall submit a written
request and justification to the Section for approval to specify a new product or material prior
to the Final Plan Review submittal. Unless the manufacturer of a new product furnishes
factual data sufficient to evaluate the product, it should not be considered for use. If a new
product is considered for use, a competitive-type specification should be written to assure
that competitive, good-quality product will be obtained. In instances where competitive
specifications are not appropriate, a sole source or proprietary specification may be
appropriate. The Department, with the approval of DBA, may authorize use of a new
material, equipment, or system for a particular project on a trial basis for observation or
evaluation.
(O) Specifications must clearly indicate the requirements for the project. Words or phrases,
which are vague or may be interpreted more than one way often lead to problems during
bidding or construction and result in change order or claims. The following instructions are
intended to reduce common errors and conflicts evolving from interpretations of the
specifications.
(1) Under Requirements, do not say, “the Work consists of.” Drawings should show the
entire ‘scope of the work’. If necessary to list certain parts, say “Generally, the Work
includes…”
(2) In lieu of reference to the accompanying drawings, use the words “as shown,” “as
indicated,” “as detailed” or “as approved by…,” “as directed by…..,” “as permitted
by…….”
(3) The Contractor is responsible for determining the packages of work for each
subcontract. It is acceptable to specify certain specialty work to be performed by
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person qualified, certified, or licensed (if appropriate) and experienced in this type of
work. If it is necessary to reference a specific trade group, it may be referred to as that
group or trade by the CSI division number or section number i.e.: “Division 26” for
electrical work instead of “electrical sub-contractor” or “Section 283100-Fire Detection
and Alarm” instead of “fire alarm contractor”.
(4) Do not use “etc.” This term is too indefinite for bidding and inspection purposes.
(5) Minimize the use of cross-references and in no case use paragraph numbers for this
purpose. If it is necessary to refer to a particular paragraph, do so by its section
number and title (e.g. Section 03 30 00, Cast-in-Place Concrete).
(6) Do not include a paragraph in the various sections entitled “Work not Included”,
describe only the work that is included under the respective sections.
(7) Specifications should clearly delineate air conditioning ducts, heating ducts and piping
systems, which require insulation. The phrase “insulating all ducts except in
conditioned spaces” has resulted in differences of opinion and claim situations. All duct
systems should be appropriately designated as supply, exhaust, outside air intake,
transfer, relief, or return and further clarified by stating insulating requirements.
(8) Do not confuse “any” and “all”: “Correct any defects” should read “Correct all defects.”
(9) Do not confuse “either” or “both”; e.g., “Paint sheet metal on either side” should read
“Paint sheet metal on both sides.” “Either” implies a choice.
(10) Do not confuse “or” and “and”; e.g., “The equipment shall not have defects in
workman-ship and material.” The use of “and” in this sentence indicates both
requirements must be met. e.g. “Additives that decrease strength or durability are not
permitted.
(11) Do not use “and/or.” The courts have considered this phrase to be intentionally
ambiguous and, therefore claims are often rendered in favor of the Contractor.
(12) Use statements that are definite and contain no ambiguous words and phrases
“Remove” implies to take away from its current location. If “remove” is used, the
Design Professional must also indicate whether to dispose of, salvage, or re-install the
material “removed”. “Reinstall” implies putting the existing back in the indicated place.
If “reinstall” is used, the Design Professional must also indicate that the Contractor
must carefully remove the item, properly store it, and then “reinstall” the item at
appropriate time. “Replace” implies removal of old material and furnish and install new
material. The preferred wording would be to “remove” and “provide”.
(13) “Provide” is defined as “furnish and install.” When material or equipment is “furnished”
by the Department directly or under other contracts for installation by the Contractor,
the term, “install” should be used; however, the Contractor may be required to
“provide” foundations, fastenings, and the like, for the installation. If the word “install” is
used alone, the Bidder or Contractor has a right to assume, on the basis of the
definition cited, that the Department will “furnish” the materials in question.
(14) Do not include equipment schedules in the specifications. Equipment schedules
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should be provided on the plans for quick access and review. The construction record
prints are often used by the building maintenance and operation personnel daily.
Having the equipment schedule information readily available on the plans can save
critical time and avoid confusion during an operational emergency or repair.
(15) Ensure that the plans and specifications do not contain statements or requirements
similar to the following: “[Contractor][Supplier][Installer] must have a minimum of X-
years of experience in [installation][manufacture] of the specified [project][product] or
must have [office][facilities] located within X-miles of the project site.” These types of
statements can be construed to unfairly limit competition in the procurement of State
funded projects by unnecessarily excluding some Arkansas providers and can result in
bid protest which may result in lengthy delays in award of the project or rejection of all
bids and necessitate re-bidding and or redesign of the project. This prohibition will not
negate the use of LEED MR Credit 5 for regional materials as this credit allows
materials or products that have been extracted, harvested, or recovered, as well as
manufactured, within 500 miles of the project site. This range encompasses the entire
state of Arkansas regardless of project locations so no Arkansas manufacturer or
provider will be excluded by this requirement.
2-904 DRAWING STANDARDS
(A) The following represents the minimum requirements, standards, and expectations applicable
to all drawings prepared for bidding and construction on state projects. Refer to §2-1504 for
a description of the contents of each discipline submittal. Not every category will be used on
every project. The Design Professional shall select the appropriate categories for each
specific project.
(B) Arrangement of Drawings: Drawings shall be arranged in the following order with the
discipline identifying character shown:
T Title Sheet & Index
TS Topographical Surveys & Plot Plan Drawings
B Boring Logs & Soils Data
D Demolition Drawings
C Civil Site Drawings
L Landscaping Drawings
FA Fire Service Access Drawings
A Architectural Drawings
K Kitchen Equipment Drawings
S Structural Drawings
M Mechanical (HVAC) Drawings
FP Fire Protection Drawings (Sprinkler Systems)
P Plumbing Drawings
E Electrical Drawings
* Special Category Drawings (Assigned by the Section)
* For special categories such as laboratory case work, acoustical plans, and audio-visual
plans that do not readily fit into the defined categories, contact DBA for a drawing category
assignment.
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(C) Drawing Numbers: Drawings shall be sequenced by discipline letter and number, i.e., A1,
A2, A3.1, A3.2, S1, S2, and the like. For large projects (exceeding 20 sheets) the Section
recommends the designer use a flexible numbering system such as A1.01, A1.02 for plans,
A2.01, A2.02 for sections, and the like. This will allow Designer to insert additional drawings
as the project develops without requiring a re-numbering of sheets.
(D) Sizes of Drawing Sheets: Drawing sheet size, except in special cases approved by the
Section, shall be 24” by 36” (preferred) or, alternatively, 30” by 42”. Drawings shall be
prepared to be suitable for microfilming and for making clear, legible half-size reproductions.
(E) Lettering: Unnecessary letter embellishments, poor spacing, careless lettering, weak lines,
and lettering which is crowded or too small result in illegible films and poor reproductions.
The minimum height for hand lettering on all projects shall be 1/8”. Mechanical (typed or
CAD) lettering shall be 1/10” minimum and in all caps. Make minimum gap between lines
equal to one-half the letter height. Lettering and line weight must be in accordance with
classical drafting practices.
(F) Detail Numbers: Each plan view, section view or detail shall be given an individual detail
number to facilitate written and verbal communication.
(G) Scales: An indication of the scale of the object drawn shall be located directly under the title
of each plan, elevation, section, detail, and the like. (Example: Scale 1/8”=1’-0”). All floor
plans shall be drawn at a minimum scale of 1/8” = 1’-0”. The use of a smaller scale for floor
plans must be approved in writing by the Section prior to the first submittal. Avoid odd size
scales such as 3/32” = 1’-0” as these scales often lead to takeoff errors. In addition to the
standard inch/foot scale, provide a graphic bar scale that can be used for the approximation
of dimensions on reduced size plan sets. Use break lines and match lines for larger building
plans. For sheets with one plan such as a floor plan or site plan, the title should be located
centered under the main part of the plan or at the lower right-hand corner of the sheet. The
north arrow should be located at the right side of the title.
(H) Provide a master listing of all applicable abbreviations and symbols used in the set of
drawings or provide a listing of all common abbreviations and symbols at the beginning of
the drawings and provide a listing of the discipline specific abbreviations and symbols at the
beginning of each discipline. For complex piping schematics, electrical riser diagrams of
special system layouts, the designer is encouraged to provide an abbreviated legend of
symbols on those specific sheets to minimize the need to flip sheets to find critical symbols.
(I) Topographic and civil site drawings shall conform to the approved site plan and shall show
building location by dimensions, existing and approximate new finished grades, roads &
walks, temporary & permanent erosion and sediment control devices, and storm-water
management facilities.
(J) Boring logs representing soil conditions encountered in the site investigation including
pertinent logs from previous explorations in the project location should be presented in the
project manual for informational purposes. Logs shall show the ground elevation, the depths
of borings, depths and classifications/descriptions of materials encountered, blow counts per
ASTM D-1586, ground water elevation, and other pertinent information. Boring locations
relative to the project shall be shown on a small-scale location plan or on the Site Plan.
(K) Building Floor Plan drawings for all disciplines shall be oriented the same to avoid confusion
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and to facilitate overlaying of drawings. It is customary for a building plan to be oriented with
north toward the top or left edge of the sheet. All plans shall have a North Arrow for
orientation. For projects where the plan is divided and shown on multiple sheets, provide a
key plan on each plan sheet and crosshatch or shade the area of the key plan shown on the
sheet. Provide clearly defined match lines and reference the sheet where the match can be
found. Avoid showing construction information across the match lines as this can lead to
confusion and duplication of material counts.
(L) The drawings shall describe/show the Work to be provided by the Contractor. Existing
features, structures, or improvements to remain shall be so noted. Existing features,
structures, or improvements to be demolished and/or removed shall be clearly identified.
Work, improvements, demolition, or construction, which the Department will perform or have
performed by separate contract, shall be identified as “Not in Contract” or “NIC” if the
abbreviation has been defined. Do not use the phrase “Work by Others”.
(M) All foundation and floor plans shall be drawn to a scale not less than 1/8”=1’-0” with all
necessary dimensions shown. Roof plans are preferred at 1/8=1’-0” scale; however, roofs
without mechanical equipment and metal/shingled pitched roofs may be drawn at a
1/16”=1’-0” scale if approved in writing by the Section prior to the first submittal to the
Department. Foundation, floor, and roof plans shall show all permanent equipment vents,
utilities or pipe penetrations, openings and such items affecting the construction. All plans
shall be provided with column numbers or grid numbers to facilitate written and verbal
communication describing the location of specific information on the plan.
(N) Design live load capacity for all floors and the roof in pounds per square foot shall be noted
on structural floor plans.
(O) Every floor plan or partial plan or space shall be provided with a unique room number and/or
name. All schedules shall reference the specific room number to which the schedule
applies. Reflected ceiling plans shall show room numbers, locations of lights, HVACR items,
sprinkler heads, speakers, smoke detectors, etc.
(P) Enlarged plans to 1/4” scale shall be furnished to clearly show the location and arrangement
of built-in equipment/casework and of the furniture, fixtures, and equipment which influence
the location of utilities, including electrical, plumbing, and heating and the assignment of
space within the project.
(Q) A minimum of one transverse and one longitudinal section through the building shall be
shown along with as many additional sections as are needed for understanding the overall
construction requirements. Include necessary dimensions on each. All elevations shall be
drawn to scale at not less than 1/8” equals 1’-0”.
(R) Typical wall sections shall be drawn at not less than 3/4”=1’-0” scale. Typical window, door
and special opening details shall be drawn at 1-1/2”=1’-0” scale or larger.
(S) Provide stair sections for each stair configuration including dimensions, sizes, framing
members, components, and any special details required.
(T) Provide all necessary interior and exterior details, including special doors, windows,
woodwork, paneling or other decorative work, toilets and washrooms, and the like, with
plans and elevations at a minimum scale of 1/4”=1’-0” and with construction details at a
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minimum of 3/4”=1’-0”.
(U) Door schedules shall include door number, label or type, size, material, frame, lintel, and
remarks. Also provide elevation and detail references. Window schedules shall include
make or type, size, material, and lintel remarks. Also provide elevations and details, if
required for complete description. Finish schedules shall include space or room number,
space name, floor finish, wall type/finish, ceiling type/finish, ceiling height, base, wainscot,
remarks, and other comments, if required.
(V) Provide an enlarged plan view of each unique mechanical, electrical or equipment room.
Equipment room plans shall be drawn at 1/4”=1’-0” scale minimum. Provide a minimum of
one section through each equipment room drawn at 1/4 = 1’-0” minimum to clarify the height
of, equipment, ductwork, piping, etc. Provide one (1) longitudinal section and one (1)
transverse section through the building (minimum) to show mechanical and electrical work
with relation to the work by other disciplines. Provide other partial sections as required to
clearly explain the scope of the work and to describe the restrictions at congested areas.
(W) Relation of Drawings and Specifications: Drawings generally indicate the scope of work,
locations, relationships, and dimensions while specifications generally indicate quality,
performance, and installation requirements. Drawings and specifications shall supplement
each other and must not conflict. Terminology used in specifications and drawings should
be the same. For State projects, the drawings and specifications are considered
complimentary of each other, and neither shall take precedence over the other. Where
conflicts arise between the drawings and specifications, the more stringent requirement
shall apply.
(X) Since the final plan review drawing submittals are, in the opinion of the Design Professional,
complete and ready for bid, all drawings submitted for final review shall bear the Arkansas
registration seal and signature of the individual or individuals responsible for its design (and
corporate seals where applicable). To prevent incomplete drawings from being mistaken as
construction drawings, the Design Professional shall over stamp the seal with either
“Preliminary” or “Not for Construction” or “For Review Only”. To facilitate proper review by
the Section, the name and registration numbers on the seal should be visible and legible.
(Y) All drawings and the specifications submitted with the final plan review responses and
issued for bid or construction shall be dated with the same date which is established by the
Design Professional as the date the documents are (or will be) complete. Documents
printed for bidding shall bear the date described above with no revision numbers or dates. In
accordance with Architectural Act and the Engineering Act, the Design Professional shall
sign and date the stamp.
2-905 QUALITY CONTROL
(A) The Design Professional shall be responsible for the professional and technical accuracy
and coordination of all designs, drawings, specifications, cost estimates, and other work or
materials furnished under the standard professional services contract.
(B) The Design Professional shall perform a Quality Control review of the specifications and
drawings prior to making a plan review submittal to the Department. The Design
Professional shall ensure that the plans and specifications being submitted for review meet
the MSC submittal requirements and that all elements of the design have been coordinated
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with respect to function and location. It is not the responsibility of the Department, DBA, or
the Contractor to ensure that the plans have been coordinated from sheet to sheet and
discipline to discipline.
(C) The cover sheet of all plans and specifications submitted for review to the Section shall
contain the following statement signed by the responsible Design Professional who is a
Principal in the firm. Failure to perform proper coordination or to include and sign this
statement may be grounds for rejection of the submittal without review. This statement may
be removed from the cover sheet prior to issuing the plans for bids:
A Quality Control check, including the appropriate coordination among disciplines, has been
made on this project’s documents, and corrections related to this check have been made.
The undersigned principal/owner states that these plans and specifications as submitted for
review are, to the best of his or her knowledge and ability, complete and ready for review.”
Signed Date
(name and title)
This statement need not appear on sets of documents issued to bidders.
2-1000 ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES STANDARDS
(A) Purpose: The requirements in this standard are intended to make buildings and facilities
accessible to and usable by, individuals with disabilities such as but not limited to; the
inability to walk, difficulty walking, reliance on walking aids, blindness and visual impairment,
deafness and hearing impairment, coordination, reaching and manipulation disabilities, lack
of stamina, difficulty interpreting and reacting to sensory information, and extremes of
physical size. Accessibility and usability allow individuals with disabilities to access, enter,
and use a building or facility.
(B) This standard provides guidance for design and specifications for constructed elements that
make spaces accessible.
(C) This standard can be applied to the design and construction of new buildings and facilities,
renovations, alterations and rehabilitation of existing buildings and facilities and is applicable
to permanent construction as well as temporary construction and emergency conditions.
(D) Ark. Code Ann. § 6-20-1407(e) authorizes the Section to review and approve construction
documents for new public school facilities for compliance with this standard prior to bidding
or construction. Construction documents submitted for review shall comply with these
standards.
2-1001 REVIEW AUTHORITY
The Section is responsible for the review of accessibility standards and criteria for capital
improvement projects of those state departments under its jurisdiction and for public school new
construction projects. (See Ark. Code Ann. § 6-20-1407(e)).
2-1002 ACTS, CODES, AND STANDARDS
(A) There are numerous codes and standards which address accessibility issue in the
constructed environment. The most common are the 2010 ADA Standards for Accessible
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Design which is the current standards adopted by the U.S Department of Justice (USDOJ),
ANSI A117.1 Standard for Accessible and Usable Buildings and Facilities which is the
standard adopted by the Arkansas State Fire Marshall through the Arkansas Fire Prevention
Code (AFPC), the Uniform Federal Accessibility Standards (UFAS) which applies to certain
projects funded partially or fully with Federal funds, and the Fair Housing Accessibility
Guidelines adopted by the U.S. Department of Housing and Urban Development (HUD) just
to name a few.
(B) Since one or more of these standards may apply to a particular project (i.e. the ADA
Standard and AFPC will apply to most projects subject to DBA review), the design
professional should gain familiarity with the standards that apply to their specific project prior
to submitting for review. When competing standards have differing requirements on a
particular project, the most stringent requirement (the one providing the most accessibility)
must be met.
(C) In certain projects, the use of a design guide other than the ADA Standard or the AFPC may
be warranted or mandated by the funding source. Several of the standard accessibility guide
documents are considered “Safe Harbor Documents” by the enforcement authority of other
document review agencies. When the design professional prepares construction plans using
one of the “safe harbor documents” he should include a note on the coversheet or the
accessibility details sheet stating which guideline documents were used in the preparation of
the plans and specifications.
(D) Copies of the Standards for Accessible Design, Code of Federal Register (Federal law
pertaining to ADA) and technical guideline bulletins published by the US Department of
Justice and the Access Board may be obtained at the following website www.ada.gov
or by
calling the US Department of Justice ADA Information line at (800) 514-0301 voice or (800)
514-0383 TDD.
(E) Furthermore, copies of the American with Disabilities Act of 1990 are available in the
following alternate formats: large print, Braille, electronic file on computer disk, and
audiotape. Copies may be obtained from Architectural and Transportation Barriers
Compliance Board at (202) 272-5434 (Voice) or (202) 272-5449 (TTY). These telephone
numbers are not toll-free numbers. For toll free ADA information call (800) 872-2253. For
email access, refer to TA@access-board.gov. The ACT addresses program requirements
and defines the situations for which accessibility must be provided. The ADA Standards
provide scoping and technical requirements that define the method or manner in which the
constructed environment must be built to provide program access. The limits of DBA’s
review is to the constructed environment as governed under the Act and as defined in the
current enforceable ADA Standards. It is within this parameter that the Section reviews are
limited to the technical requirement of the scoping provided in the submitted construction
documents. The Section does not provide commentary on the scoping or program
requirements for the agency’s facilities. DBA review will be limited to the technical
requirements for the scoping provided in the construction documents presented for review.
2-1003 OWNER/DEPARTMENT RESPONSIBILITIES
Owners are responsible for ensuring all facilities are compliant with accessibility acts, laws, and
codes. Owners should evaluate facilities for the minimum scoping requirements, such as minimum
number and types of accessible parking spaces on a campus and the like, to ensure compliance
with the ADA and ADA Standards. These evaluations should be reviewed when contemplating
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future capital improvement projects.
2-1004 CONSTRUCTION DOCUMENT SUBMITTAL REQUIREMENTS
(A) Unless the project has been approved under the Delivery Method, a full set of plans and
specifications should be submitted to the Section for review when the documents are 100%
complete. A full set of documents is required for plan review and record.
(B) Plans submitted for Department and DBA review should clearly define the elements and
features required to be accessible. Partial plans, section views, elevations and details shall
be provided at a scale large enough to show all applicable clearance and mounting heights
and dimensions for each unique accessible feature. The drawings shall include but not be
limited to the following:
(1) Provide a plan view of the building showing the intended accessible path into the
building and to each accessible space or clearly describe the accessible path with a
general or keyed note on the plan. Incorporating the accessible path by arrows,
shading or other identifiers on the life safety plan is an acceptable method.
(2) Where parking is a part of the project, define the accessible path from the designated
parking into the building.
(3) Where multiple buildings are included in the scope of the project show the accessible
path between buildings.
(4) Where construction of a public transit stop, such as a bus or trolley stop, is included in
the scope of the project or is existing on the developed site, define the accessible path
between the stop and the project facilities.
(5) A detail sheet (or sheets) should be provided with the standard accessible elements
shown and dimensioned and the plans should be cross referenced to the appropriate
details. Referencing the ADA Standard is not a substitute for proper and accurate
dimensions or specifications. Specific information on the drawing is required for the
construction phase.
(6) Technical specifications shall clearly require that accessible components such as door
hardware, furniture and fixtures be manufactured to meet accessibility standards and
installed in accordance with the standards and manufacturer’s recommendations.
Components requiring adjustment to pressure thresholds of the standards shall clearly
specify the minimum and maximum allowable limits as required by the standards.
(7) Field construction techniques and issues often arise that can cause a designed
accessible element to be built out of compliance. Field verification during the
construction phase by the design professional, building inspectors, and the building
owner are essential to ensuring that non-compliant issues are identified early and
corrected before the project is completed. Plans and specifications shall have
sufficient details and dimensions to allow proper verification during and after
construction.
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2-1100 GRADING STANDARDS
To promote good drainage, ease of maintenance and ease of travel in and around state facilities,
the minimum slopes or grades shall be established. Where existing natural grades prohibit re-
grading to these standards without excessive cut or fill, obtain approval of the Section prior to the
schematic design submittal.
2-1101 STANDARDS FOR GRADING AROUND STRUCTURES
CONDITIONS MAXIMUM MINIMUM PREFERRED
Side slopes with vehicular access
10%
10:1
2.0%
50:1
1-3%
Back slopes with vehicle access
15%
6.6:1
2.0%
50:1
1-5%
Side slopes without vehicular access
15%
6.6:1
2.0%
50:1
1-10%
Back slopes without vehicular access
20%
5:1
2.0%
50:1
1-10%
Grassed athletic fields
2%
50:1
0.5%
200:1
1%
Berms and mounds
20%
5:1
5.0%
20:1
10%
Mowed slopes
25%
4:1
----
----
< 20%
Unmowed grass banks Soils natural angle of repose < 25%
Planted slopes and beds 10% 10:1 0.5% 200:1 3-5%
2-1102 STANDARDS FOR GRADING STREETS AND WAYS
CONDITIONS MAXIMUM MINIMUM PREFERRED
Crown of improved streets
3%
33:1
1%
100:1
2%
Crown of unimproved streets
3%
33:1
2%
50:1
2.5%
Side slopes on walks
4%
25:1
1%
100:1
1-2%
Tree lawns
20%
5:1
1%
100:1
2-3%
Slope of shoulders
15%
6.6:1
1%
100:1
2-3%
Longitudinal slope of streets
20%
5:1
0.5%
200:1
1-10%
Longitudinal slope of driveways
20%
5:1
0.5%
200:1
1-10%
Longitudinal slope of parking areas
5%
20:1
0.5%
200:1
1- 5%
Longitudinal slope of sidewalks
5%
20:1
0.5%
200:1
1-5%
Longitudinal slope of valley section
5%
20:1
0.5%
200:1
2-3%
Refer to §2-1000 for grading requirements to meet ADA Guidelines.
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2-1103 STANDARDS FOR DRAINAGE CHANNELS
CONDITIONS MAXIMUM MINIMUM PREFERRED
Swale side slopes
10%
10:1
1%
100:1
2%
Longitudinal slope of swales-grass invert
8%
12:1
1%
100:1
2%
Longitudinal slope of swales-paved invert
12%
8.3:1
0.5%
200:1
5%
Ditch side slope-grass invert
8%
12:1
1%
100:1
3%
Ditch side slope-paved invert
10%
10:1
---
---
6%
2-1200 ROOFING SYSTEM REQUIREMENTS
These Minimum Roofing Systems Requirements are to provide design professionals and State
personnel with functional, working guidelines to aid in the determination of the required roofing
systems and specifications. A proper understanding of the roofing industry, methods of
construction, application, workmanship, and its inherent problems and pitfalls is necessary to
design a proper roof system.
2-1201 DETERMINATION OF THE PROPER ROOF SYSTEM
(A) In designing and specifying the proper roof system for a new building, the following should
be considered:
(1) Type of building refers to a state owned or leased property (library, office buildings,
campus buildings) under DBA oversight.
(2) Special considerations refer to what goes on in the building. For example, will there
be a pool, a unique use inside the structure? The uses of the building will determine
roof traffic, surfacing, need for a vapor retarder sheet and insulation ("R" value)
requirements.
(3) External considerations include high winds, snowfall, rains and their concentrations,
and outside contaminating processes.
(4) Life of the building determines how long it will be expected to last.
(5) Building and Regulatory Codes refer to Underwriters Laboratories, Factory Mutual,
and the various applicable local, state, and national codes.
(6) Structural considerations mean that the roofing system must work with the other
building components. For example, are the edges of the roof deck flush or are there
parapets. Dimensions of the building and shape of the roof deck will determine the
need for expansion joints. Any protrusion through the roof will require flashing
materials.
(B) The Roofing System as specified should be a complete and compatible system. The system
should be manufactured by a manufacturer doing business in this region of the United
States. The design professional shall investigate the need for and specify all roofing
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components needed for a complete roof assembly.
2-1202 STEEP ROOFING
(A) Asphalt shingles on sloped roofs shall be Class "A", fiberglass based, asphalt shingles with
a recommended 25-year minimum limited warranty over felt underlayment installed as per
manufacturer's specifications minimum slope: 4 in 12. “Peel & stick” self-adhered Ice and
Water Shield synthetic underlayments are recommended along the roof perimeter, valleys,
and penetrations.
(B) Wood shingles shall not be used on buildings unless approved in writing by the Section.
Any shingles used shall carry the "B" classification as listed by the Underwriters
Laboratories, Inc. Minimum slope: 4 in 12.
(C) Metal roofing systems on sloped roofs in excess of 1 in 12 slope (minimum: 2 in 12 (+) slope
preferred) are acceptable when properly detailed and specified.
2-1203 UNCONVENTIONAL ROOFING SYSTEMS
(A) Unconventional roofing systems (roof systems other than Built-up, Modified Bitumen, EPDM
(Ethylene Propylene Diene Monomer) or Single-Ply)) shall be submitted for review to the
Section, for approval on a case-by-case basis for use on the roof of a State building under
DBA oversight.
(B) Criteria for approval shall be:
(1) Acceptable material and method of application;
(2) Ability of local installers to apply the proposed roof system;
(3) Ability of the State to obtain competitive bids on the proposed roofing system;
(4) Proven track record of the system and the manufacturer; and
(5) Roof warranty available from the manufacturer for the particular installation.
2-1204 ROOF SYSTEM COMPONENTS
(A) Decking
(1) The type of structural deck and the complete roofing system to be used should be
determined by the design professional. Slope for drainage shall be achieved by
structural means if possible. If structural slope is not feasible, a lightweight concrete fill,
sloped perlite board, or tapered insulation board shall be specified.
(2) The structural deck must be designed to provide an adequate "foundation" or base for
the roofing system. In addition to supporting all design loads, it must also be relatively
smooth, free of humps, depressions, offsets at joints, allow for expansion and
contraction, and be rigid enough to support the equipment and materials needed to
apply the roof system without undergoing excessive deflection or deformation, which
could impair the life of the roofing system.
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(3) Metal decks shall be fabricated from adequate gauge steel, accurately aligned,
securely anchored to structure below. Provide side lap connections to prevent
displacement between adjacent sheets. The design professional shall inspect deck for
any possible defects prior to the installation of any insulation and roofing.
(4) On poured decks such as concrete, gypsum, and light weight insulating concrete,
adequate drying time for the material shall be allotted prior to application of the roofing
membrane.
(5) Over low slope wood decks, always specify a nailed down layer of sheathing, (5 lb.
rosin paper), as a separator sheet followed by felt underlayment and a layer(s) of
insulation to prevent problems with roofing such as nails backing out, expansion, and
contraction.
(B) Insulation
(1) Insulation thickness shall be specified by the design professional and be such that
when combined with complete roof and ceiling construction, shall have an overall heat
transmission coefficient to obtain a satisfactory "R" value meeting applicable energy
use codes. Insulation should have sufficient density and rigidity to span any flutes or
irregularities in the decking and support the weight of all anticipated traffic on the roof
without crushing or breaking down of the edges. The design professional or
consultants or both shall verify the insulation requirements for each particular building
and roofing system. Provide adequate ventilation in the plenum spaces to prevent
moisture and condensation from damaging the interior spaces of the building.
(2) All insulation shall be applied in two (2) layers with all joints broken and staggered. All
insulation boards shall be installed in the same direction throughout unless fields are
separated by an expansion joint. Butt edges of insulation tightly and cut in neatly
around all roof penetrations.
(3) Insulation shall be secured to deck using approved fasteners conforming to Factory
Mutual System, Class I construction for wind uplift protection unless otherwise
approved by the Section.
(C) Securement/Fasteners: All roof assemblies for new construction shall meet or exceed
specifications for Factory Mutual System, Class I, construction regarding wind uplift
protection.
(D) Fire, wind, and code requirements: New roof construction on buildings shall meet or exceed
all applicable codes. In addition, the roof assembly shall meet or exceed specifications for
Underwriters Laboratories, Inc., Class "A" construction and Factory Mutual System, Class I
construction, regarding fire resistivity and wind uplift. When re-roofing existing buildings, this
may not always be possible, especially when re-roofing over existing membranes. Submit
plans and specifications to the Section for approval.
(E) Vapor Retarder Sheets
(1) The design professional shall investigate the need for, and specify as required, the
proper vapor retarder sheet and its applications. All buildings with high humidity (such
as swimming pools where moisture migration will be a problem) should be specified
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with vapor retarders unless otherwise approved by the Section.
(2) The vapor retarder sheet shall be installed over the roof deck prior to the installation of
the insulation or roof membrane or both. Seal all edges, punctures, and around all
penetrations through the roof to form an envelope enclosing the insulation.
(3) The vapor retarder application shall meet all fire-retardant requirements which building
use requires. Refer to applicable building codes for requirements. Determine proper
attachment for wind uplift protection from manufacturer's specifications.
(F) Venting Base Sheets are usually heavy-coated base sheets with an embossed grid
designed to channel current moisture out of built-up and modified bitumen roof assemblies
and prevent blistering. Venting base sheets are primarily used on re-roofing applications or
to vent moisture out of poured gypsum or lightweight concrete decks. Application is by spot
mopping to existing membranes or mechanical attachment to a nailable deck. In some
instances, it is more desirable and economical to use gypsum board or perlite "re-cover"
boards in lieu of a separate venting base sheet. Moisture release vents should always be
specified in conjunction with a venting base sheet. See §2-1204(G).
(G) Moisture release vents shall be installed on all roof systems when required for certain type
of poured decks and re-roofing over existing membranes. Vents for bitumen roof systems
shall be only ‘factory made’ vents with spun aluminum housings designed to vent moisture
out, but not allow moisture back into the roofing system. ‘Shop built’ sheet metal vents are
not acceptable for use on buildings. Moisture release vents are primarily designed to vent
moisture from a roof system including insulation and to reduce the possibility of blistering.
To properly vent, holes should be cut all the way down to the deck, or vapor retarder sheet
where applicable, according to the manufacturer's specifications.
(H) Membranes for Built-Up Roof Systems: Built-up roofing membranes for buildings shall be
asbestos-free felts with fiberglass and/or polyester mats.
(I) Membranes for Modified Bitumen Roof Systems: Membranes for Modified Bitumen roofing
shall be a minimum of an asbestos-free felt with fiberglass and/or polyester mat overlaid
with a modified bitumen cap sheet.
(J) Roof surfacing for Built Up and Modified Bitumen Roof Systems
(1) For APP (or Atactic Polypropylene) Modified Bitumen and Built Up Roof Systems: An
Energy Star® approved fibrated aluminum roof coating (asbestos free) (A.S.T.M., D-
2824, Type III) applied in two (2) separate coats, at the rate of 1 1/2-2 gallons per 100
sq. ft., is the preferred roof coating for state-owned buildings. Aggregate ballast is not
recommended for built- up roofing with aluminum coating.
(2) For (or Styrene-Butadiene-Styrene) Modified Bitumen Roof Systems: Ceramic
Granules or Metal Clad “Veral”.
(3) For Built-Up roofs, where aggregate ballast is allowed by code: All aggregate surfacing
shall be clean, dry, rounded pea-gravel ranging in size from 1/4" to 3/8", applied as per
manufacturer's specifications for the particular installation. (400 pounds per square,
minimum is the typical application.) Light color aggregates are preferable to aid in heat
reflectivity.
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(4) Asphalt and Emulsion coatings are not recommended.
(K) Roof Cants: Roof cants shall be required at all vertical projections including walls,
equipment curbs, and the like on bituminous roof systems. Cants shall be securely set in hot
steep asphalt or cold applied adhesives. Precautions should be taken to avoid bitumen
drippage where it can occur, such as steel decks. Provide a minimum face width of 4" to
provide a transition of the roofing felts from the horizontal to the vertical face.
(L) Membrane Flashing
(1) All membrane roof flashing shall be compatible with the manufacturer's installed
system.
(2) Membrane roof flashing shall be provided at all vertical projections, roof perimeters,
curbs, parapets, walls, roof penetrations and elsewhere as required, and should be
properly designed and carefully detailed to provide a watertight installation.
(3) All membrane flashing at vertical surfaces shall extend a minimum of 6" above the top
of the cant strip (10" above the roof surface if a 4" cant is used) and 8" onto the roof
surface from the bottom edge of the cant. Do not hot mop the base flashing above the
top of the cant strip. Bituminous membrane flashing shall be set in hand rubbed
applications of industrial roof cement. The top edge of the membrane shall be sealed
and metal counterflashing provided for protection. Do not surface mop base flashing of
bituminous roof systems with hot asphalt.
(M) Metal Counterflashing
(1) Metal counterflashing shall be provided over all membrane flashing where it occurs at
vertical projections, parapet walls, equipment curbs, and the like.
(2) A two-piece locking type counterflashing shall be used in all masonry wall construction.
The horizontal flashing part shall be laid in the wall during construction at the proper
height. The vertical face of the counterflashing shall lock in place and be removable to
facilitate maintenance and re-roofing.
(3) The counterflashing should be approximately 4" in height, have a hemmed edge and
turn out at the bottom to form a drip edge. The counterflashing should never extend
below the top edge of the cant.
(4) Refer to §2-1205(O) for the type, gauge, and quality of sheet metal to be specified and
used.
(5) Cast-in-place reglets are acceptable. Specify only non-deteriorating type metal.
Surface mounted extruded aluminum anchor bars will be acceptable if no other
method is feasible. Anchor bars shall be fabricated of non-deteriorating type metal, of
sufficient strength and rigidity, have pre-punched, slotted holes for attachment, using
heavy-duty fasteners. (Note: Plastic anchor pins are not acceptable).
(N) Sheet Metal Components
(1) All metal components of the roof assembly shall be fabricated of a non-deteriorating
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metal free of dents, waves, and blemishes.
(2) 24-guage pre-finished sheet metal or Mill finish aluminum of .032" thickness
(minimum) shall be the standard material used on buildings.
(3) Other non-deteriorating metals such as copper and stainless steel are acceptable.
(4) 24-gauge pre-finished sheet metal or .040" thickness aluminum is recommended for
scuppers, guttering, down spouts, and splash pans.
(O) Expansion Joints
(1) Provide expansion joints in the roofing system wherever structural expansion joints
occur, wherever structural framing or roof decks change direction or materials, and
where roof areas dictate the need for an expansion joint.
(2) Provide additional expansion joints within the roofing system itself wherever the roof
perimeter is interrupted by either a projection into, or out of, the major field of roofing to
form an isolated segment of roofing at the same elevation and as may be required by
the dimensional stability of the several components used.
(3) Curb type expansion joints, in lieu of low-profile type, are desirable for purposes of
maintenance and longevity. Treated 2x’s should be used of sufficient height to install
cant strips and membrane flashing of sufficient height for a watertight installation.
(4) Consider using, warranty permitting, metal expansion joint covers of .040" mill finish
aluminum in lieu of neoprene expansion joints for all roof and roof-to-wall expansion
joint conditions on state owned buildings. Hex-head fasteners shall only be used. Nails
are prohibited.
(P) Roof Penetrations: All roof penetrations shall be flashed as recommended by the roofing
membrane or metal panel manufacturer furnishing materials for the particular installation
and the recommendations of the National Roofing Contractors Association, based on the
best, current roofing practice.
(Q) Roof Drainage
(1) All roof drains are to be located at the low points of the roof deck. Areas drained
should be limited so that no drain exceeds 4" diameter. Locate drains so that all roof
surfaces may be readily drained (each side of expansion joints). The roof drain itself
should be set a minimum of 3/4" below the roof surface. Taper insulation in a 3'0"
diameter around drains.
(2) Coordinate roof drain placement with drainage slopes to stay within acceptable limits
according to manufacturer's recommendations. Install roof crickets between drains
where required to properly drain roof areas.
(3) Roof drains shall be interior where possible to allow for future expansion of the
building.
(4) Every roof shall have an appropriate overflow scupper or emergency roof drain to
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prevent flooding or roof failure should the roof drains become stopped up.
(R) Roof Protection Walk Pads
(1) In most cases roof pads or walk boards are not recommended on roof except in
extreme high traffic conditions. Roof top protection walk pads are only recommended
on roofs where mechanical equipment, flagpoles, penthouses, and laboratory
experiments are located which require periodic maintenance and protection from daily
foot traffic.
(2) Walk pads should be neatly laid out and designed in such a manner as to not impede
roof drainage.
(3) 12" X 24" is the recommended size of the individual pieces of roof protection walk
pads. Walk pads shall comply with and be installed per roof membrane manufacturer’s
warranty requirements.
(4) Walk pads should be installed prior to aggregate surfacing, or, if smooth surface roof
membranes, before the application of the coating.
(5) In many instances, simply adding an extra layer of membrane for walk paths and roof
protection is preferred.
2-1205 ROOFTOP MOUNTED MECHANICAL EQUIPMENT (Self-contained heating and/or
cooling package units and associated ductwork)
(A) Mechanical equipment shall not be located on the roof unless contained in a separate
mechanical roof penthouse or submitted for approval in writing to the Section prior to the
first plan review. Refer to §2-408 regarding unacceptable design configurations.
(B) In those instances where mechanical equipment is approved to be located on the rooftop,
due to the building budget or design, the following guidelines should be followed:
(1) Rooftop equipment (defined here as self-contained heating and/or cooling package
units and associated ductwork), which is elevated above a roof, shall be designed with
adequate support and clearance. The larger a piece of equipment is, the more
clearance it will require. Provide a minimum of 10" clearance above the finished roof
surface and additional clearance as required sufficient to maintain and re-roof the
building. Contact or refer to National Roofing Contractors Association for
recommended minimum heights of equipment and support systems above the roof.
(2) Rooftop equipment shall be adequately supported and attached to the structural
system of the building.
(3) Provide vibration isolation, as required.
(4) Legs of equipment (of substantial size and weight) supports should be surrounded by
a pitch pan filled with 1" of fast setting gypsum cement and topped off with a
commercial Pitch Pan Sealer sloped to shed water. Lightweight equipment should be
set on water-resistant treated wood blocking and secured to the roof structure (with
metal straps) as needed for protection and safety.
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(5) Protect pitch pans and pan sealants by installing watertight aluminum or pre-finished
sheet metal umbrellas with drawbands attached to equipment support legs.
(6) Provide support for any piping or lightweight equipment on the roofs. Piping or
equipment shall be supported by treated wood blocking set on an extra layer of loose
membrane set in industrial roof cement on the roof surface. Electrical conduit shall not
be surface run on the roof.
2-1206 MINIMUM ROOF SLOPES FOR POSITIVE ROOF DRAINAGE
(A) All state facilities of new construction shall be required to have roof surfaces, with a
minimum slope of 1/4" per foot for positive drainage.
(B) Where possible, roof slopes shall be accomplished structurally, in lieu of large amounts of
tapered insulation fill to reduce costs and weight on the structural system.
(C) Avoid excessive slopes (in excess of 1/2" per foot) in built-up and modified bitumen roof
assemblies which cause slippage and bitumen run-offs. Use proper fasteners and bitumen
for the slope of the roof and the type of roof assembly.
(D) On re-roofing of existing facilities, the roof slope may be reduced to 1/8" per foot. The
existing roof should be surveyed for areas which pond water. These areas should be leveled
or filled as required and practical for the type of substrate. Verify that equipment curbs,
counterflashing heights, and the like, are of sufficient height for re-flashing after the
installation of new tapered insulation and roof membrane.
2-1207 ROOF ACCESS REQUIREMENTS
(A) Roof access for inspection and periodic maintenance shall be required on all buildings.
(B) A lockable, factory produced roof access scuttle (minimum size 2'6" X 3'0") with an insulated
curb and hinged door, shall be located as directed by the owner’s representative in a
convenient location such as a janitor's closet or mechanical equipment room.
(C) A heavy-duty metal ladder (20" wide, minimum) shall be provided at all roof access scuttles.
Bolt ladder to floor, wall, and scuttle curbing. Ladders shall comply with current OSHA
requirements.
(D) Access to all roof levels shall be provided. Utilize lockable type doors, windows (of sufficient
size), roof access scuttles or exterior mounted rungs or ladders to provide access.
(E) When re-roofing existing buildings, verify need for roof access and provide as needed.
Coordinate locations with the owner’s representative.
2-1208 WORKMANSHIP/QUALITY CONTROL
(A) Installer's Qualifications: Installers shall be recognized roofing contractors, specializing in
the chosen system roof application, skilled and experienced in the type roofing required. In
addition, installer shall be familiar with the specific requirements and methods needed for
proper performance and workmanship in accordance with recognized standards of the
industry and the manufacturer.
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(B) Pre-Installation Conference: A pre-installation conference shall be held prior to installation of
any roofing and associated work on a state building. The pre-installation conference shall be
initiated by the design professional at the proper time with a minimum of three (3) day notice
for the following parties to attend:
(1) Installer's representative (roofing sub-contractor).
(2) General contractor's representative (where applicable).
(3) Mechanical contractor's representative (where applicable).
(4) Electrical contractor's representative (where applicable).
(5) Deck installer's representative (where applicable).
(6) Testing services representative (where applicable).
(7) Design Professional.
(8) DBA Construction Section representative.
(9) Department representative or project coordinator.
(10) Physical plant or maintenance representative.
(C) Review the Following with All Concerned Representatives:
(1) Letter from manufacturer furnishing roofing system/roof warranty, stating manufacturer
has reviewed job specifications and agrees to furnish warranty as specified.
(2) Project requirements, drawings, specifications, and construction details.
(3) Material submittals, manufacturer's requirements for bonding (where applicable).
(4) Deck condition, installation (where applicable).
(5) Storage of materials.
(6) Installers’ set-up directions.
(7) Safety considerations.
(8) Protection of rooftop, building and grounds.
(9) Scheduling of work.
(10) Roof inspection, testing.
(11) Weather limitations. Rejection of "phased" construction.
(12) Application of materials/building and regulatory codes.
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(13) Clean-up.
(14) Project close-out. A record shall be made by the design professional of the pre-
installation conference discussions, the decisions and agreements reached, and a
copy of the record shall be made available to each party attending.
(D) Roofing Materials Delivery and Storage Requirements Delivery
(1) No materials are to be delivered to the site prior to approval of the materials submittal,
the pre-installation conference, and the owner’s representative's approval.
(2) No materials are to be delivered to the site without the proper arrangements for
placement, storage, and protection from the weather.
(3) Departments and their representatives are instructed not to accept delivery or be
responsible for acceptance.
(4) Deliver materials in manufacturer's original containers, dry, undamaged, seals and
labels intact.
(E) Sheet Material Storage
(1) Storage of all sheet materials (roll goods) and insulation shall be subject to the
following requirements: If within 50 miles of contractor's warehouse, all sheet materials
(roll goods), insulation, and the like, shall be trucked to job daily from enclosed
warehouse storage.
(2) All other storage shall conform to the following:
(a) Enclosed trailer, vans, or truck storage on the project site.
(b) Canvas (no plastic sheeting is acceptable) tarpaulins, with material on wooden
pallets, 6" minimum above the ground, secured by ropes, top and sides of all
material protected from moisture and rain.
(c) Bitumen may be stored separate, adjacent to kettle location.
(F) Rejection of “Phased” Construction
(1) The installer shall not "phase" the application of the roofing system. The roof system
components shall be applied consecutively as recommended by the manufacturer
(within the limits of a day’s work) and be weather-tight so that in the event of inclement
weather, no damage will occur to the roof components or interior contents of the
building. "Phased" roof construction will be rejected by the owner’s representative and
shall be removed and replaced by the installer.
(2) Final surfacing of aluminum coating, where applicable, may be delayed until the roof
membrane cap sheet has properly weathered. Allow owner’s representative time to
inspect roof surfaces, all roof surfaces shall be clean and dry for approximately 48
hours prior to application of final surfacing.
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(G) Weather Condition Limitations
(1) Proceed with roofing and associated work only when weather conditions will permit
unrestricted use of materials and quality control of the work being installed, complying
with all requirements of the specifications and recommendations of the roofing
materials manufacturers, without "phased" construction.
(2) Proceed only when the installer is willing to guarantee the work as required and
without additional reservations and restrictions. Record decisions or agreements to
proceed with the work under unfavorable weather conditions, and contact DBA,
Construction Section. State the reasons for proceeding and the names of the persons
involved in the decisions, along with changes (if any) in other requirements or terms of
the contract.
(H) Protection and Clean-Up
(1) Rooftop Protection and Clean Up
(a) Protect roof surfaces over which work is to be performed.
(b) Exercise care and caution that roofing materials placed on rooftop do not overload
structure, or damage decking or other roofing materials.
(c) Take care to prevent bitumen, aggregate and debris from running into and
clogging roof drains and rainwater conductors. Remove trash and debris promptly.
(d) Schedule work in order not to track over and damage newly installed roofing in
place. If absolutely necessary to cross a newly applied roof area, coordinate exact
protection procedures with owner’s representative.
(e) The installers shall be responsible for all damage to any related items to his trade
and will be responsible for the cleaning and repair or replacement of any such
items.
(2) Building Protection and Clean-up
(a) Properly and efficiently protect building and work of other trades from damage by
roofing materials during the performance of the work.
(b) The installer shall protect building walls and other surfaces from disfiguration by
bitumen stains, runs or spillage, etc. and the installer shall bear the labor and
material costs for repair of these surfaces from damage by the roofing installer's
work.
(c) Protection of the building and its interior contents is mandatory. The installing
contractor shall submit a written plan for providing this protection to the owner’s
representative for approval. The installing contractor shall furnish plastic sheeting
to protect computers, word processors, printers, typewriters, and any other
sensitive equipment in the building.
(d) It is suggested, and may be necessary, for the installing contractor to contract with
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the Agency's designated employee(s) (custodial or physical plant) for afterhours
clean-up and protection.
(3) Grounds Protection and Clean-up
(a) Coordinate access, parking, storage of materials and equipment on the grounds
with the owner’s representative designated at the pre-installation conference.
(b) Protect the grounds, lawn, landscaping, shrubbery, and the like, from abuse and
damage during roofing work.
(c) Remove trash, debris, wrapping, and the like, promptly and clean up daily around
the job.
(d) The installer shall be responsible for removing all equipment and surplus material
from the grounds prior to final acceptance of the work. Installer shall leave his
portion of the work, as specified, clean, and in complete order. Upon final
completion, the ground shall be cleaned of all trash, debris, gravel, bitumen,
lumber, scraps, and the like, and the grounds raked to conditions prior to roof
work.
(I) Installer’s Guarantee
(1) Terms: Upon completion of all work and as a condition of its acceptance, deliver to the
owner a written guarantee signed by the general contractor and the installing sub-
contractor agreeing to correct all leaks and defects in the roofing system work.
(2) Time Period: The time period for correction of the roofing system work shall be two (2)
years from the date of final acceptance of the roof by the owner’s representative and
DBA. Sixty (60) days before the end of the two-year period, review roof conditions of
the site with the owner and all parties concerned and correct all defects in
conformance with the original specifications
(3) Warranty Repairs: During the correction of work period, the roofing installer shall, upon
notice from the owner, make immediate temporary repairs and notify the roofing
materials manufacturer, a report made, and, if covered by this guarantee or the roofing
materials manufacturer's guarantee, the roof shall be permanently restored to a water-
tight condition, at no cost to the owner.
(J) Manufacturer’s Roof Warranty
(1) A Manufacturer's Warranty shall be required on all re-roofing, new construction, and
associated roof work on state buildings unless the cost and size are very minor.
Specified work shall be guaranteed by the roofing materials manufacturer for a period
as specified (maximum term and maximum penal sum available) starting from date of
final acceptance by the owner, of the completed roofing system. The materials
manufacturer shall approve the roof warranty. Surety company bonds are not
acceptable. Submit one (1) copy of the roof warranty on manufacturer's standard
printed form to the Department, upon acceptance of the roof.
(2) Specified work shall be inspected by qualified representatives of the manufacturer
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during its installation and at final completion, for conformance to manufacturer's
warranty program. Minimum follow-up inspections shall be made in accordance with
the manufacturer's requirements and corresponding observations and reports provided
to the owner.
(K) Installer’s Warranty Signs
(1) Provide 10" X 12" minimum size painted signs (quantity of signs as needed or
specified) made of aluminum with a light color background and letters of a contrasting
color. Use paint that is compatible with the aluminum. Make the sign to read as
follows:
"DO NOT MAKE REPAIRS OR ALTERATIONS TO THIS ROOF" without the written
approval from the Department’s authorized representative. This roof is maintained until
(insert the date, month and year, two years after date of final acceptance), by (insert
contractor's name, address, and telephone number).
(2) Permanently post signs as directed by the owner’s representative. Provide as least
one (1) sign on each roof of the building where new roof work occurs.
(L) Roof Inspections/Roof Cuts
(1) The design professional's specifications, based on the manufacturer's recommended
installation procedures, when approved by the owner and DBA, will become the basis
for inspecting and accepting or rejecting actual installation procedures used on the
work.
(2) Roof Inspections: Provide safe access to the roof for proper inspection by the owner’s
representative. Notify the roofing materials manufacturer whenever roofing work is to
be done in sufficient time to arrange all inspections necessary for bonding of the roof
system. Keep the owner’s representative and Construction Section, informed of the
status of the project and schedule for completion.
(3) Roof Tests, Roof Cuts:
(a) Roof cuts will be made only when considered absolutely necessary to determine
compliance with specifications.
(b) When necessary, cut 4" X 42" test samples (to cut a total cross-section of all roof
plies) of installed roofing as directed by the owner’s representative. Immediately
repair roof to conform to adjacent roof construction without cost to the owner.
2-1300 FUNDAMENTAL MECHANICAL AND ELECTRICAL REQUIREMENTS
These requirements apply to new construction and renovation projects only. Existing conditions or
systems are exempt these requirements. Departments are encouraged to upgrade existing systems
to meet these requirements as much as practical when equipment or system components are
replaced.
2-1301 GENERAL REQUIREMENTS:
(A) Mechanical and Electrical systems should be appropriate for the intended application
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regardless of the geographic location in the state. Location should be considered from a
standpoint of availability of a competent service organization. Where critical replacement
parts cannot be delivered within 24 hours, consideration should be given to inventorying
these parts on-site. However, it is not the intent of a capital improvement project to stock the
Department’s supply shelves. Other sources of funds are available for that purpose.
(B) Systems shall be capable of meeting the intended operational parameters of the application
year-round without requiring special seasonal reconfigurations. Controls should be clearly
labeled and described to allow the operator to manage the system with a minimum of
training. In all new system specifications, include a specific training time and course outline
for the contractor to provide to Department personnel. It is recommended that all training
classes on the control systems and the system operational concepts be supplemented with
videotape information or with compact disk interactive training aids. This data should be
customized for the particular application to avoid confusion and promote operational
awareness.
(C) New design concepts, equipment and materials should be carefully evaluated before
incorporating them into a state project. While departments are not discouraged from
incorporating new and innovative solutions to design problems, state projects should not be
used as the proving grounds for new concepts or ideas. Therefore, if a Department desires
to try to new design concept or material, the Section may approve such applications for the
intent of observation to determine the suitability of such applications for other projects.
Departments shall submit a written request for approval to the State Engineer for use of
such new concepts or materials. The request shall include but not be limited to the following
information:
(1) A detailed description of the application or material.
(2) Backup literature from the manufacturer or supplier.
(3) A discussion of how this application differs from other applications utilizing
conventional concepts or materials. Include the unique features of each situation that
led to selecting this concept or material.
(4) A discussion of the expected cost difference between the conventional systems and
the proposed systems.
(5) A discussion of what benefits the Department expects to achieve over the
conventional systems approach.
(6) A discussion of how the Department expects to monitor the application for verification
of expected results.
2-1302 MECHANICAL SYSTEMS
(A) Air handing units, pumps, boilers, and other mechanical equipment requiring frequent
inspection and service should be located within the building or in separate buildings with
interconnecting chases or pipe tunnels. Equipment shall be located in rooms with ample
space to provide routine maintenance, component replacement, operation and inspection
without requiring demolition of the building structures or unnecessary climbing or crawling by
service technicians or mechanics. Equipment located outdoors should be installed on the
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ground on solid foundations with concrete service pads around the equipment.
(B) When equipment must be installed on the roof, provide raised equipment platforms that
allow roof replacement and maintenance or full perimeter curb to eliminate the need to re-
roof under the equipment. Equipment shall be selected with water tightness of the roofing
system in mind. Equipment that is prone to allowing leaks to penetrate the unit casing,
interiors or connections during normal and windblown rain shall be avoided. Where
equipment is mounted above the roof, provide a service platform on the service access
sides of the equipment. Provide stairs that are integral to the platform to avoid the need for
ladders to gain access to the work platform. Conform to OSHA safety requirements with
regards to platforms, ladders, and confined spaces. When it is absolutely necessary to have
piping, conduits, ductwork, etc. across the roof, specify “zero penetration support systems
with non-rusting base supports to distribute the equipment weight without damage to the
roof membrane or insulation. Ensure that the installed system will resist the design wind
loads without damage to the supported system or the roof.
(C) Air handling equipment should be specified with access doors with view ports between each
major section or component to allow inspection of the operating equipment without requiring
the shutdown and opening of the unit. Provide internal lights with exterior mounted pilot light
switches on units exceeding ten (10) feet in width or height. For package split-system
equipment, provide a means to remove and clean the cooling coils and heating coils without
requiring complete dismantling of the system.
(D) Mechanical air conditioning system should be specified with the highest operating efficiency
permitted by the project budget while still allowing for competitive bidding. Minimum
acceptable seasonal energy efficiency ratio (SEER) shall be 12.0 and minimum energy
efficiency ratio (EER) shall be 10.0 Indirect, gas-fired heating equipment shall have a
minimum annual fuel utilization efficiency (AFUE) of 80%. Departments are encouraged to
require higher efficiencies
(E) The use of alternative energy sources for both heating and cooling are encouraged.
Departments should consider the effects of diversity and quantity aggregation on their ability
to negotiate utility rates and their ability to provide uninterrupted service at an affordable
cost to the State.
(F) Mechanical systems shall meet the requirement of the Arkansas Energy Code, (ASHRAE
Standard 90.1 for energy efficiency) and the ASHRAE Standard 62 for indoor air quality.
Equipment shall be selected to meet these requirements without requiring the equipment to
operate outside of the manufacturer’s recommended performance envelope during the
extremes of summer or winter. Operation of the equipment during these extremes should
not shorten the intended life of the equipment or sub-components.
(G) Mechanical system designs should be conducive to promoting good indoor air quality. Air
equipment subject to exposure to condensed moisture should be constructed of materials
that do not promote or support biological growth. These surfaces should be sloped to a drain
point that will readily remove the moisture from the system. These surfaces should be easily
accessible for periodic inspection and cleaning. The remainder of the system should also be
readily accessible for inspection and cleaning. Filter selections in air systems should
consider not only the particle size to be arrested but also the possibility of odor transmission
through the system. Frequency and cost of replacement media should be considered
however, the cheapest filter media is often the least desirable from an air quality standpoint
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and a frequency of replacement standpoint. Unless otherwise specified by the Department
or dictated by the specific application, all HVACR systems shall maintain the space
temperature and humidity within the bounds of the “comfort envelope” as defined by the
ASHRAE Fundamentals Handbook. This comfort envelope is generally accepted as a region
where the indoor temperature and humidity will be acceptable to the majority of the
occupants.
2-1303 PLUMBING SYSTEMS
(A) Plumbing systems shall be designed pursuant to all state and federal laws and rules.
(B) Back-flow prevention shall be applied to each project as required to protect the public water
supply and the interior building distribution systems from the potential for cross
contamination from a non-potable or contaminated source. Many building projects will
require an approved back-flow prevention device to be installed on the incoming water
service prior to the first connection tap. In addition, all connections to mechanical systems or
equipment shall be provided with an approved back-flow prevention device at the
connection to the equipment or at the point where the dedicated piping system for makeup
water begins. Back-flow devices shall be installed in accessible locations and provided with
an adequate drain connection to allow proper operation and inspection.
(C) All fire sprinkler services and standpipe systems shall be installed with an approved back-
flow prevention device.
(D) All lawn irrigation systems, agricultural/aquatic operations and wash racks shall be provided
with an approved back-flow prevention device to protect the public water supply and
eliminate cross connection contamination within the facility.
(E) All heating water equipment shall be selected for energy efficient operation. Gas fired
heating equipment shall have a minimum AFUE rating of 80%.
(F) All plumbing fixtures shall be selected and installed in a manner that is conducive to ease of
cleaning of the fixture, support, and surrounding area. Cleanliness promotes good indoor air
quality and a healthier indoor environment. System designs should not result in wet, damp
or pooling water, which can be a source of microbiological growth or promote the formation
of mold and mildew if left un-cleaned.
2-1304 ELECTRICAL SYSTEMS
(A) Electrical distribution systems shall be designed to allow rapid comprehension of the basic
system layout. Where multiple voltages will occur within a space or structure, careful
consideration should be given to the layout, routing, labeling and color coding of conductors
and components to minimize potential injuries due to confusion of the various systems.
(B) Where three-phase power is available, utilize this power for larger motor loads.
(C) The use of copper conductors and copper busses is recommended. Where aluminum
conductors are to be considered, DBA recommends that aluminum not be used on branch
circuits below the distribution panel level. DBA recommends that all terminations on
aluminum conductors be made with bolt-on or weld-on lugs only. Panel-board termination
bars or lugs utilized with aluminum conductors should be made of copper, cadmium or other
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approved materials rated for use with aluminum or copper.
(D) Where buildings are provided with a 480/208/120 volt system, perform an economic analysis
of the cost benefit of 277 volt lighting verses 120 volt lighting.
(E) Specify lighting fixtures, lamps, and ballast for energy efficiency and to minimize the amount
of hazardous waste that may be generated by the Department during routine maintenance
replacement.
(F) Specify high efficiency transformers when the transformer losses are included in the utility
metering. Utilize transformers that are operationally stable at the anticipated operating
conditions.
(G) Where critical operations include electronic equipment or computers, utilize transformers
that minimize harmonic distortion or provide electrical isolation of susceptible equipment or
circuits. Provide neutral conductors sized for 200% of the line conductor capacity.
(H) Provide a minimum of 10% spare circuit capacity at each panel to allow future growth.
Provide a minimum of 25% growth capacity on wire management system for each systems
future growth.
(I) Circuits serving critical loads or equipment should be provided with a minimum ride through
capability to allow continuous operation of the equipment or component during nominal dips
in power to 70% of RMS voltage and for momentary outages of 1/2 cycle or less.
(J) All new construction shall be evaluated for lightning risk hazard in accordance with the
procedures outlined in NFPA 780.
2-1400 FUNDAMENTAL CABLING SYSTEMS REQUIREMENTS
(A) The following sections pertain to the planning, installation, maintenance, and documentation
of the various new cabling systems of 90 volts or less in state owned buildings.
(B) The development, installation and management of cabling systems presents many unique
problems for building managers and operators. Departments shall endeavor to ensure that
each system is properly designed and installed to minimize the potential for problems to
develop. Therefore, building operators and managers shall maintain up to date
documentation of each cabling system to allow proper maintenance, identification of system
components and coordination with other projects. When systems are abandoned, the
Department shall require the obsolete cabling to be removed from the premises.
(C) Projects subject to the jurisdiction of the Arkansas Department of Transformation and
Shared Services, Division of Information Services (DIS) shall be coordinated with DIS at the
earliest opportunity. The Department Project Coordinator shall notify DIS of the project.
Comments or requirements of DIS should be incorporated into the project design in a timely
manner. Copies of all comments or requirements shall be forwarded to the Section with the
plan review submittal. When DIS is responsible for providing telephone or data services or
for arranging the activation of these services, agencies shall allow ample time in the
construction project for this coordination. Departments shall promptly inform the Section and
DIS of all changes in the project scope and schedule to avoid delays.
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2-1401 PLANNING REQUIREMENTS
(A) The following types of cabling projects are not considered capital improvements and are not
subject to this policy:
(1) Cabling between components of a system which is routed exposed in the space and
passes between components (i.e. cabling between the computer and peripherals on
the workstation).
(2) Cabling routed exposed in the space between the system component and the network
connection (i.e. the telephone or computer on the workstation and the network outlet in
the wall, floor, or ceiling).
(3) Cabling routed exposed in the space between system components for television,
radio, and satellite broadcast or audio/visual systems.
(B) All other cabling projects, including the systems above when routed concealed or in conduit,
are considered capital improvements subject to federal and state law and rules.
(C) All cabling projects contracted independently or that are part of a larger project which
exceed the amounts established in Ark. Code Ann. § 22-9-101 shall have the plans and
specifications prepared by a registered professional engineer licensed to practice in
Arkansas. Conversely, projects below the limit set forth in Ark. Code Ann. § 22-9-101
requiring the involvement of a professional engineer; the plans and specifications shall
comply with all other provisions of the MSC. Nothing in this policy shall prohibit departments
from utilizing the service of a competent registered professional engineer for these smaller
projects.
(D) Plans for cabling projects shall be drawn to scale not less than 1/8” = 1’-0”. Scaled drawings
are necessary to allow for proper quantity take-off and verification. The plans shall show the
location of the cable entry into the building, the location of the telecommunication room or
termination board for the cable entry. The plans shall show the routing of the cabling
between the termination board and the individual run out. Run outs shall be grouped or
bundled to minimum the congestion above ceilings, below floor, or in other chase spaces. A
single line may be used to graphically represent multiple cables in a run. Designate the
quantity or types of cables in each run.
(E) Cabling systems should be planned with flexibility and growth in mind. Systems should be
segregated and labeled to avoid confusion and accidental cross connection. Face plates
and jacks should be color coded to facilitate user connection of equipment to the appropriate
systems. In facilities where frequent reorganization of space occurs, the location of outlets
should be reviewed to ensure an adequate number of outlets are installed in each space to
accommodate minor reorganization without requiring a major re-cabling project.
2-1402 TELECOMMUNICATION ROOMS
(A) In new construction project or major renovation project, provide at least one wiring room on
each floor in each building. Rooms should be located as near to the center of the floor as
practical. In multistory buildings, stack the telecommunication rooms above one another to
allow vertical wiring chases between floors.
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(B) For very large buildings or buildings where it is not practical to locate the rooms near the
center of the floor, provide 2 or more rooms per floor. Wiring rooms should be located such
that the length of cabling between the telecommunication room and the most remote outlet
face plate is no more 100 meters (330 feet), for data networks or the maximum cable length
recommended by the system manufacturer for other types of systems.
(C) Telecommunication rooms and cabling termination rooms shall be a minimum size of 8 feet
by 12 feet (not just 96 square feet). For systems containing more than 100 faceplate outlets,
the minimum room size shall be 10 feet by 15 feet (not just 150 square feet). For projects
containing multiple wiring systems, (i.e. data, telephone, public address, security, and
CATV) the Department shall review the cable installation requirements and should increase
the minimum size of the room or provide separate wiring rooms for each system. When
system terminations can be consolidated into one room, the maintenance and management
of these systems is simplified.
(D) Many cabling systems include components that require strict environmental controls.
Review these requirements and provide the appropriate air-conditioning and power quality
services. Many systems require redundant cooling or power, which may necessitate
additional capital cost during the installation. Review these requirements and identify them
during the planning stage.
(E) Recommend a minimum of eight (8) electrical duplex outlets (2 on each wall) on isolated
electrical circuits in each room. These outlets should have isolated ground conductors and
dedicated neutral conductors. Isolated outlets should be color coded for positive
identification (i.e. orange). Recommend at least 4 general power duplex outlets (1 on each
wall) for power tools. These outlets should not be on the same panel board or circuit as the
electronic equipment in the room.
2-1403 CABLING STANDARDS
All cabling shall conform to the latest industry standards applicable to the specific system at the
time of installation. Cabling not installed in a closed conduit system should be specified to be
plenum rated cabling regardless of whether the space is a return air plenum or not. This will
eliminate the need to replace the cabling system if the HVACR system is renovated to a return
plenum system. In addition, plenum rated cabling generally develops less smoke and has a
reduced flame spread in the event of a fire thus improving the fire safety of the building.
2-1404 WIRE MANAGEMENT
(A) Efficient wire management can be achieved with a properly planned wire management
system. Cable trays or “J” hook systems should be installed in all major corridors and
hallways. For large projects with multiple cabling systems, provide multiple cable trays,
divided trays, or multiple hook systems to allow segregation of each cable system. Cable
management systems should be provided with a 25% growth capacity for each cable
system.
(B) Cable trays and hooks shall be attached to building structural members or wall framing
systems only. Do not attach or support wire management systems from other building
systems such as HVACR, piping, conduit systems or ceiling support wires. Extend wire
management systems into the ceiling areas of all telecommunication rooms or cable
termination rooms. Cable trays should run the length of the room along the center of the
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room. Where possible, extend conduit from the back box to the corridor ceiling where the
wire management system runs. Provide plastic bushing at conduit termination to minimize
damage to cable jacket.
(C) Provide pull boxes and long sweep elbows in conduit systems to facilitate cable pulls. Pull
boxes shall be at a maximum spacing of 300 feet in outdoor conduits without bends. If one
or more 90° bends are included in a run, reduce the maximum spacing to 100 feet.
(D) Provide spare empty conduits with each exterior run and with runs between floors or wiring
rooms. Recommend a minimum of two (2) four-inch conduits be provided as spares in new
construction or major renovations. Provide pull cords in each conduit to facilitate future cable
installation.
2-1405 IDENTIFICATION
(A) Each cable system shall be clearly labeled as to the type of service the system provides.
Departments are encouraged to develop a standard practice for labeling and identifying
cabling both in conduit and exposed. The following is one recommended scheme of color-
coding cabling and conduit to facilitate quick recognition of various systems. Other industry
standard schemes are acceptable.
System Type Color Code
(1) Data cables Blue
(2) Data (fiber optics) Orange
(3) Fire Alarm Red
(4) Telephone (voice/fax/modem) White
(5) Security Yellow
(6) Sound, Paging, Music Gray (with label)
(7) Access control Black (with label)
(8) CCTV Black (with label)
(9) CATV Black (with label)
(10) Satellite Black (with label)
(11) Building Automation Systems (BAS) Black (with label)
(B) Pull box and junction box cover plates inside buildings should be color-coded the same as
the system cable. The name of the system should also be labeled on the cover (i.e.
“CATV”).
(C) Terminal boards, punch down panels, and cabinets should be labeled as to system type. In
addition, clearly identify the point of demarcation between the building cable system and the
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utility connection point. Include the name of the service provider, phone number, contact
person (if known) and the account number to facilitate service calls and coordination.
(D) When empty non-metallic conduit systems or systems containing fiber optic cable or other
non-traceable cables are installed below grade, provide a metallic tracer wire inside the
conduit or immediately above the conduit or a detectable trench tape to facilitate future
locating of the conduit.
(E) A cable labeling system should be developed by the Department to facilitate tracking and
troubleshooting after installation. As a minimum the cabling shall be labeled on both ends
and at junctions to identify where the cable originates and where it ends.
2-1406 DOCUMENTATION
(A) Building managers/operators should maintain a complete record of each cabling system.
The record should include the “As-Built” drawings, cable test/certification reports, system
start- up records, catalog-cut sheets of cable and accessories, name of the installing firm,
phone number, and copies of all warranties.
(B) As-Built drawings should show routing on scaled drawings. The route and identification
number of each cable should be clearly shown as well as the location of all wiring rooms,
front end equipment and demarcation points. Drawings should include riser diagrams or
schematics to facilitate rapid understanding of the system and troubleshooting.
(C) Where continuity or performance testing is required, the record documentation should
include the specifications for the test, the data points gathered during the test and the
results of the test. All problems identified during the test and all deviations from the
specification requirements should be clearly outlined and discussed in a summary at the
front of the report. Include copies of all certificates or letters of certification in the front of the
report.
(D) Documentation should include the “approved submittal drawings”, catalog cut sheets, or
shop drawings for all components. Submittals should be bound tab and divided into discrete
system components. Include the name of the installing firm and phone number. Copies of
warranties and guarantees should also be included in the manual. The documentation
should also include a listing of the manufacturers recommended spare parts by name and
product number.
2-1500 PLAN REVIEW REQUIREMENTS
The following guidelines pertain to the submittal of construction documents to the Section for
review. (See §2-410 for additional responsibilities and duties of the Department.)
2-1501 PLAN REVIEW AUTHORITY
(A) The Section reviews capital improvement construction documents for compliance with the
MSC during its normal review of capital improvement projects. Such review does not relieve
the Design Professional from the responsibility for designing in accordance with state and
federal laws and regulations. While the Section endeavors to provide a thorough review of
the documents presented for review, the Section shall assume no liability for the
completeness, accuracy, or constructability of the documents approved for bidding. The
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Section approval for bidding implies only that the documents reviewed contain the minimum
amount of information required to achieve a reasonably accurate price for the actual value of
the work contemplated.
(B) While some code reviews are performed under the terms of various Memoranda of
Understandings between DBA and the Department or authority having jurisdiction, the
review provided by DBA does not relieve the Design Professional from the responsibility for
full compliance with these codes and good design practices.
(C) The Section reserves the right to reject a submittal for incompleteness, unacceptable design
configuration or failure to meet the requirements of the Arkansas Fire Prevention Code or
other applicable codes, rules, or standards, or if the submittal lacks the detailing or
information necessary for proper review and bidding.
2-1502 PLAN REVIEW SCHEDULE
(A) Plans shall be submitted for review when the documents are 100% complete and
considered ready for bidding or construction. (Refer to §2-201).
(B) Nothing in this policy shall prohibit a Department from requesting additional plan reviews at
the schematic design and design development phases of production. The Section will
provide review commentary to aid the Department in assessing the appropriateness of the
design and to ensure the design process remains on track for timely completion. All
requests for additional reviews shall be submitted in writing to the Section for approval.
(C) Design Professionals may request a preliminary review of the project or portions thereof to
ensure that the design direction chosen will result in a review submittal that will meet final
review requirements. Request for such review meetings shall be submitted in writing to the
administrator of the Section and shall include a brief description of the topics to be
discussed.
(D) The Department shall schedule a minimum of thirty (30) calendar days for the plan review
process. If the submittal is deemed to be incomplete, the review time will be stopped, and
the Department Project Coordinator will be notified in writing of the discrepancies and given
an opportunity to provide the additional information. The review time will recommence upon
receipt of the additional information in its entirety.
(E) The Department shall respond to all DBA review comments in writing and shall submit one
set of corrected plans and specifications with the responses to the comments. DBA shall
review the responses and verify that all commentary has been satisfactorily addressed. The
Department shall schedule a minimum of 5 working days after receipt in the Section for this
review. If additional commentary is necessary, comments will be issued in writing and this
process will be repeated. If no additional comments requiring additional review are
necessary, the project will be released so that the bidding or contracting process can begin.
2-1503 PLAN REVIEW SUBMITTAL REQUIREMENTS
(A) While exceptions may occur, the following represents the minimum documentation required
for most capital improvement projects.
(B) Provide two (2) complete sets of all submittal documents and correspondence. One copy
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shall be in paper form and one copy shall be in electronic form. The electronic copy shall be
submitted to the Section in a readable format which is acceptable to the Section such as
Adobe Acrobat PDF format on one or more CDs or portable electronic device.
(C) Only documents that are considered 100% complete shall be submitted for a review. These
submittals shall be ready to issue for bidding without requiring additional notes, details, or
other work. Do not submit projects that are less than 100% complete. Plans and
specifications approved, as a final review should not require extensive or lengthy addenda
to complete or change the scope of work and should not result in excessive change order
requests due to uncoordinated documents or lack of information.
(D) The following documents shall be included in the DBA Review Submittal.
(1) A completed copy of the DBA Review Submittal Cover Sheet.
(2) Transmittal letter from the Department Project Coordinator indicating that the
information contained in the submittal package has been reviewed by the Department,
that the information complies with the project program and the final cost estimate is
within the Department’s project budget as described in the certification of available
funds or the Method of Finance (MOF).
(3) One (1) copy of the professional services contract containing the initial contract,
attachments, and amendments. For projects executed under multiple projects type
contracts, include a copy of the task order assignment, delivery order or letter of
assignment issued to the design professional for this assignment. If the Design
Professional was engaged under a purchase order (in lieu of a standard contract
form), submit a copy of the purchase order and attachments describing the services to
be provided.
(4) An updated statement of the final estimated construction cost. Cost figures should be
broken down by Division and Section or sub-system components such as paving,
windows, millwork, and painting, as required to determine an accurate projection of
cost. As a minimum provide a line item for each of the CSI Divisions and for the
General Conditions contained in Division 0.
(5) A copy of the Department program provided to the Design Professional along with any
revisions and a copy of any pertinent meeting notes reflecting a change in the scope of
work since the first submittal to the Department. Include a copy of the funding source
noting any revisions since the first submittal.
(6) If a feasibility study or pre-design study was performed, submit a copy of the DBA
approval letter for each study.
(7) Provide complete Project Manual containing all appropriate CSI Division specifications
including Division 0 and the Invitation to Bid. Be advised that a separate submittal of
the Invitation to Bid, Division 0 and Division 1 specifications to the Construction
Section will be required upon approval of the plan review submittal.
(8) Provide complete drawings as shown under §2-1504. All drawings and the project
manual shall be stamped and signed by the appropriate Design Professional. Provide
a preliminary or Not-for-Construction over stamp of the Design Professionals seal.
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(9) Submit copies of approval letters from all regulatory review entities.
(10) If the project site will be located in a floodplain, submit a copy of the permit application
to development in the floodplain in accordance with §2-700 et. seq.
2-1504 PLAN REVIEW DRAWING REQUIREMENTS
(A) Title Sheet (T1)
(1) Title of Project.
(2) Location of Project.
(3) Name of Department.
(4) List of all design consultants, with phone numbers and addresses.
(5) Arkansas Fire Code Prevention Certification Statement.
(6) QC Review Statement
(7) DBA Agency Project Number
(8) Department Project Number (if different than DBA assigned number).
(9) State Location Map
(10) Vicinity Maps of City and Campus.
(11) Arkansas Fire Prevention Code Analysis Data
(a) Occupancy Classification
(b) Minimum Occupant Loads
(c) Type of Construction
(d) Allowable Height
(e) Allowable Building per Floor
(f) Gross Floor Area for Each Floor of all Buildings
(g) Net Floor Area for Each Assembly Occupancy Classification
(h) Horizontal Separation Distances
(i) Exit and Access Corridor Protection Strategy
(j) Seismic Design Category
(k) Seismic Use Category
(12) Index of All Drawings in the Project. (For large projects, the index of drawings and
other information may be placed on Sheet T2).
(B) Topographical Surveys & Plot Plans (TS)
(1) Survey shall meet the Arkansas Minimum Standards for Property Surveys and Plats.”
A registered land surveyor licensed to practice in Arkansas shall stamp and sign these
plans.
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(2) Where required by the scope of the project, provide a legal description of the subject
property.
(3) Show property lines and surrounding features affecting future development.
(4) Show the location of all known easements, flood plan boundaries and other features
that will limit or prohibit development of the site. Note the elevation of the 100-year
floodplain on the plan and define the perimeter or extent of this elevation with a bold
line. (Recommend you shade or crosshatch a screened pattern within the boundaries
of the flood plan for clarity). Include a source data reference on the plan identifying
where the flood plan information was obtained.
(5) Show contour elevations at minimum of 5-foot intervals for undeveloped areas of the
site and 1-foot or 2-foot intervals within the project limits as necessary to accurately
describe the site terrain. Indicate the path and contour of all existing surface run off
drainage into and out of the site.
(6) Show the location of existing utility lines, materials, and sizes and surface features.
When underground utilities are shown and could not be verified during the survey,
provide a disclaimer statement on the plan noting the source of the assumed
information. When information is derived from public utility records, include the location
of the record archive, a contact phone number and the plate or drawing record from
which the information was taken.
(7) Show the locations of existing buildings, towers, tanks, wells, pads, old foundations,
drives, and lots.
(8) Show the location, size, and type of existing means of access to the site. Where
bridges, trestles, or other load limit or height limiting structures are located along the
access routes note the posted load limit or height restriction. Where height restriction
exists and are not posted such as utility line crossings, determine the minimum clear
height under the structure at the center of the road or access drive. Where gravel or
paved roads are shown on the plans identify these roads by their official name or
designation number (i.e. Country Road 69).
(9) Show location of permanent monument markers on the site and the coordinate
information describing the monument location.
(10) Show location, size, and type of all trees greater than 3 inches in diameter within the
project limits. Show other prominent trees or vegetation on the plan site that may affect
the project development. Where heavily wooded or bushy areas exist, define the
approximate profile of the perimeter of these areas and note as heavily wooded,
wooded, bushy, marsh, or swamp.
(11) Provide a north arrow and a plan scale in a prominent location on the plan. The
preferred location is the bottom center of the plan sheet or the lower right-hand corner
of the plan sheet.
(C) Boring Logs and Soils Data
(1) Provide a small-scale plan of the site and building showing the location where samples
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were taken. Distinguish between borings and test pits.
(2) Indicate the surface ground elevation, the depths of each boring or test pit, and the
blow counts per ASTM D-1586 at each bore.
(3) Note the classification/description of materials encountered. Indicate the ground water
level at each boring or pit. Note the general site conditions and recent weather history
if known (i.e. heavy rains in general area over the last month). Include other pertinent
data.
(4) Provide a brief description of site geology and subsurface conditions encountered.
(D) Demolition Drawings
(1) Show the location of all existing elements that will affect the work or be used as a
reference point.
(2) Clearly define elements that are to remain after the demolition is complete. Coordinate
the location of this information with the new construction plans to avoid omissions or
errors.
(3) Clearly define the beginning point and the ending point of the demolition work. Where
possible, provide a flag symbol indicating these points.
(4) Clearly state on the drawings how the demolished materials are to be disposed. If
materials or equipment are to be retained by the owner, clearly identify these items
and note where the removed item is to be stored. Avoid using the phrase “Owner has
the first right of refusal on demolition materials.” Coordinate this activity with the Owner
prior to issuing the plans.
(5) Clearly indicate all temporary and permanent closures of penetrations in building
envelopes. Indicate temporary or permanent backfill requirements where demolition
opens the existing site or removes structures.
(6) Clearly note the size, location, and type of material for piping systems, electrical
systems, and the like, that will be abandoned in place. Where possible in existing
structures, require the contractor to label piping, and the like, that is to be abandoned
with the date of the contract drawings i.e.: “Abandoned May 2000.” Labels should
appear on both ends of the abandoned system.
(E) Civil Site Drawings
(1) If the project is to be constructed on a newly acquired state property, provide a legal
description prepared by an Arkansas Registered Land Surveyor or refer to the
description provided on the Topographic Survey sheet if one is provided in the set of
plans.
(2) Show the location of all adjacent buildings, tanks, structures, towers, and the like in the
vicinity of the proposed building project. Show the location, size, and type of all trees
greater than 3-inches in diameter that may affect the construction or access to the
construction area.
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(3) Show the location of the boundary of the 100-year Flood Plain as it relates to the
project site. Show the elevation contour of the 100-year flood level. Lightly shade or
crosshatch the area within the flood plain boundary and clearly indicate all new work
within this area. Include a reference to the source of the data.
(4) Show the location of all known existing utilities and new utilities including the location
of all connection points. Where connections to existing utilities are governed by the
local utility company, provide the name and phone number of the local company.
Provide connection details, temporary flushing details, and details for expansion and
thrust blocking where applicable. Arkansas One-Call is to locate all underground
utilities as required by the Ark. Code Ann. § 14-271-101 et seq.
(5) Where roadways, driveways, parking lots, sidewalks, and other paved areas are to be
provided, show locations of all control joints, constructing points, and expansion joints.
Provide details of joints, turndowns, and reinforcing. Provide cross-section view of
paving showing the sub-base and paving materials.
(6) Show existing grade contours as thin dashed lines and new contours as heavy solid
lines. Where extensive cut and fill are required, show cut and fill cross-sections. Where
roadways, driveways, and parking lots are to be constructed, show cross-sections and
profiles as necessary to clearly define their construction. Where cut and fill are
required, show location of designated areas on the site for surplus or stockpile
materials. Show spot elevations at all critical control points and construction points.
Note the finished floor elevation of the first floor located above grade. For buildings
with basements or sub-levels, also include the finished floor elevation for the lowest
level.
(7) Show the location of all drainage features on the site. For new construction, show the
intended path of surface runoff drainage. Indicate the direction of flow by placing
arrows in the direction of the flow. Where existing or new drainage structures occur,
show the inverts in and out of boxes, drop inlets, manholes, and the like. For long runs
of underground drainage piping provide plan and profile drawings indicating the depth
of the piping and structures, the slope of the system and the cover depth above the
system. Where the piping system material must change as the piping passes under a
road or drive or where the system extends above grade to cross as low area or
streambed, clearly indicate the change on the profile and the plan view.
(F) Landscaping Drawings
(1) Show the location of all landscaping beds, retaining walls, and water features. Include
schedules showing the planting types and sizes. Indicate planting season limits and
watering schedules.
(2) Show location and type of irrigation system heads. Show the head spray pattern and
radius. Show the location of zone control valves, drain valves, and isolation valves.
Show the layout of the piping distribution system. Show location of the connection to
the public or private water supply and the approved backflow prevention device. Show
location of all control panels and transformers requiring power above 24-volts. Show
the location of the source power or refer to the appropriate electrical drawing for the
location of main power and connections.
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(3) For systems with future extension or potential for future growth, show the location of all
sleeves under driveways, sidewalks, and lots as required to extend future services
without cutting and patching paving.
(4) Provide staking details for all trees and shrubs that are not self-supporting. Provide
installation details for each type of irrigation head, zone valve, and backflow prevention
device.
(G) Fire Services Access
(1) Show locations of all buildings and structures around the project site.
(2) Show the location of all drives, roads, parking lots, and sidewalks large enough to
allow passage for emergency service vehicles.
(3) Show locations and types of all fences or barricade structures around the site that may
limit access or impede evacuation in an emergency. Where gates are installed that
restrict access to the building or site, provide a “Knox Box” that is keyed to the local
fire department or emergency response service.
(4) Show the total square footage and number of floors on the building plan. Show the
type of construction as determined by the Arkansas Fire Prevention Code.
(5) If specific areas of the site have been designated as areas of assembly or refuge for
the building occupants, show the locations on the plans.
(6) Show the approximate location of the building entrances and exits, the approximate
location of the following items, if applicable:
(a) Fire alarm panel or fireman’s service panel;
(b) Main power disconnect switch, or shunt power trip device;
(c) Area of rescue inside the building;
(d) Fire stair towers; and
(e) Elevator shafts.
(7) Show locations of all fire hydrants within 500 feet of any point on the building and
within the area covered by the plan view.
(8) Show the location of the fire department connections, post indicator valves, and fire
pump if applicable.
(H) Architectural Drawings
(1) Floor plan drawings shall be shown at a scale no less than 1/8” = 1’-0”. For large
buildings, use match lines to separate the building plan as required to fit this scale. For
large buildings requiring match lines, provide an overall composite plan at a scale
smaller than 1/8” to show the relationship of all areas to one another. Show the match
line locations on this plan and reference the 1/8” scale plan sheet number for each
area. Show the room name and number for each space. Show the detail marks,
elevation marks, and door and window marks referenced to the door and window
schedules. Provide legends, material notes and general notes as required to describe
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the work.
(2) Provide dimensional plans separate from the general floor plans as necessary to
describe and dimension the size and relationship of the space and features.
Dimensions may be shown on the general floor plans and enlarged plans provided the
sheets do not become so cluttered as to be illegible or difficult to read.
(3) Provide larger-scale drawings for toilet areas, elevator lobbies, entry lobbies, special
use rooms, and similar spaces where more intricate work is to be performed by the
contractor. Drawings shall be shown at a minimum scale of 1/4” = 1’-0”.
(4) Provide exterior elevations of all faces of the buildings. Elevations shall be shown at a
scale not less than 1/8” = 1’-0”. Elevations should indicate the building materials to be
used, the texture of materials and the color of the finished surfaces. Where accent
bands or features are used, provide clarification of the size, type, and color. Show
exterior features such as gutters, downspouts, railings, screens, construction joints,
expansion joints, masonry control joints, and the like. Show locations of all building
section cut lines, detail marks, and door and window marks. Indicate the relationship
between the finished floor and the exterior grade. Show the floor-to-floor height by
dimension. Dot in the footings or foundation.
(5) Provide at least one traverse section and one longitudinal section through each major
axis of the building. These sections may be shown at a scale of 1/8” = 1’-0”. Provide
additional large- scale building and wall sections as required to properly understand
and construct the building. Building sections shall clearly illustrate all building
materials, sizes, spacing and attachment. Show all through wall flashings, roof
flashings, flashings at slabs, and floor. Show the relationship between the floor slab
and the footings or supporting structure. Note the finished floor elevation for each floor
and the elevations of perimeter footings or upper floor supports. Show the relationship
of the finished floor to the exterior grade. Show the location of perimeter insulation and
foundation drainage systems. Indicate special feature details such as ceiling heights,
furr-downs, coffered-ceilings, and skylights. Provide details at each unique condition
through the ceiling cavity where the relationship between the ceiling height and the
structural framing changes the space available in the ceiling cavity for mechanical and
electrical systems. Show the location of the vapor barrier or air barrier in each exterior
wall section and roof section.
(6) Provide large-scale details of unique construction features of the building. Where
special angle cuts are required on masonry materials, framing materials or finish
materials, provide details at a scale large enough to clearly define the desired detail.
Coordinate the plans with these details to ensure that the contractor can determine
where these special cuts occur. Where special patterns are to be formed in the finish
materials, provide large-scale plans, elevations, and details as necessary to describe
the work. Provide large details of typical construction elements as necessary to
describe the building construction.
(7) Provide door and window details as required to describe the size, style and installation
of each unique door and window. Provide details showing the head, jamb and sill or
threshold condition for each door or window. Details shall be shown at a scale large
enough to show the framing and attachment requirements. Provide door schedules
and window schedules in a graphic format as required to define the type, size,
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location, hardwood, finish, operation, and accessories required for each.
(8) Provide a room finish schedule for each space in the building. Schedule should include
the room number, name, location, floor material and finish, base, wall material and
finish, ceiling cove, ceiling material and finish and any special trim or features. Provide
notes as required to adequately describe the finish treatments desired. Provide
references to the appropriate specification sections where additional information can
be found.
(9) Where built-in furniture, casework or millwork is to be included in the construction
project, provide large scale plans, elevations, sections, and construction details as
required to describe the size, construction, and finish of these elements. Provide detail
reference marks as required on the floor plans and the millwork plans as required to
accurately locate the details and the space where they apply. Built-in millwork should
be designed to be as simply to construct, as the function of the millwork will permit.
Where customized furniture is to be a part of the construction contract provide the
detailing necessary to construct the piece. Clearly note all such pieces as “custom
built” (i.e. “Custom Built Desk”).
(10) Provide reflected ceiling plans for each floor (including floors with open structure).
Drawing shall indicate the types of ceiling materials, pattern of layout and changes in
elevations of the ceilings. Note the height above the finished floor for each section of
ceiling. Show the location of all ceiling mounted devices such as light fixtures, air
devices, access doors, speakers, sprinkler heads and similar devices. These devices
shall be coordinated with the various discipline drawings to ensure that the contractor
can install the sub-systems correctly. A reflected ceiling plan is not a substitute for
properly coordinated plans.
(11) Provide a plan view of the roof system at a scale not less than 1/8” = 1’-0” or the same
as the floor plan. Design Professional may request a waiver from this requirement for
large scale projects where needed. Show the size and location of all expansion joints,
roof drains, emergency roof drains, scuppers, overflow scuppers and roof vents. Show
the pitch or slope for each section of the roof. Indicate the materials of construction
and the color of the finish materials. Show the access to all roof levels. For multi-story
buildings with roof mounted equipment requiring maintenance, provide at least 2 roof
access points to provide an alternate means of escape during an emergency. Where
skylights or clerestory glass is provided over atrium or high spaces, provide OSHA
safety cages or approved alternate protection to prevent maintenance personnel from
falling through the glazing. Where roof mounted equipment requiring maintenance or
inspection access, provide footpath walkways to minimize damage to the primary roof
membrane. Where absolutely necessary to have pipes and conduits across a roof,
specify “zero penetration” portable suspended pipe hangers with non-rusting base
supports to distribute weight without damage to the membrane. Provide details for all
penetrations, joints, abutments, and changes in materials or elevations. Details shall
be drawn large enough to clearly indicate the location of each layer of material,
attachment and overlap necessary to provide a proper seal, lap or flashing. The use of
bold lines to indicate ambiguous details without clearly showing the installation
requirements shall be prohibited. Refer to §2-400 for additional information.
(12) Provide a Life Safety plan for each building. Show the location of all required fire exits.
Show the locations of all other exits meeting the requirements of a designated fire exit.
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Show the locations of all rated partitions and the rating requirements. Provide details of
typical rated wall construction keyed to the floor plans. Provide details for
recommended penetrations and openings in rated partitions. Show the location of the
fireman service command center if applicable.
(13) Provide all information related to the Americans with Disabilities Act (ADA)
accommodations and access. Show where the ADA parking accommodations will be
provided and clearly design the routes of access and exit to the building. Show the
location of ADA facilities including ADA toilets, drinking fountains, vertical transport,
sleeping rooms, bathing facilities and the like on the plans. Reference other
architectural drawings as necessary to locate the construction details and
dimensioning. Provide details of all ADA required special features such as handrails,
door controllers, ramps, curb cuts and the like. Provide a riser type detail showing the
ADA mounting heights of counter tops, work surfaces, thermostats, light switches, fire
alarm devices, door handles, toilet fixtures and other features included in the work to
provide for a central point of information regarding the heights of these elements. Do
not merely refer to ADA requirements or guidelines.
(14) Where modular furniture or movable furniture will be a part of the contract, provide
plans showing the specific locations for each component-by-component name or
model number. Provide legends and schedules as necessary to adequately describe
the components in the plan view. Provide elevation views of modular workstations and
furniture to allow verification of functionality and to describe the scope of the work.
Furniture not provided as a part of the contract shall be clearly labeled as “Not in
Contract” (NIC) or as Owner furnished/Contractor installed.
(15) When seismic restraint of non-structural elements is required by code, provide details
of typical acceptable restraining methods. Show locations of all restraints on the plans
and cross reference the appropriate details. Provide the basic design criteria for the
restraining system including the seismic zone/category in which the project is located.
(I) Kitchen Equipment Drawings
(1) Floor plan drawings shall be shown at a scale no less than 1/8” = 1’- 0”. Food
preparation areas and food service area plans shall be drawn at a minimum scale of
1/4” = 1’ – 0”. Plans should show the relationships for all fixed and movable furniture,
equipment, and appliances. Provide area names to define the various function areas in
the food service drawings (i.e. preparation, cooking, baking, and serving.)
(2) Provide an equipment schedule that identifies each piece of equipment’s function,
power and utility requirements, motor sizes and voltage requirements where applicable
and a reference product manufacture and model number. Where equipment, fixtures
or furniture must be custom fabricated for this specific project, note in the schedule
that the item is “custom built”.
(3) Provide details and elevations as required to describe the fabrication and installation
requirements for all fixtures and furniture. Where components must be custom built,
provide the fabrication details necessary for the contractor to select the proper
materials, methods dimensions and finishes required to construct the project.
(4) Where connections are required by other trades, do not refer to “connection by
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plumbing sub-contractor.” (Refer to §2-903(P)). DBA considers equipment as fixtures
which are permanently attached to the building structure by anchor bolts or fasteners
or which require hardwired or permanent connection to the building mechanical or
electrical systems to be “capital improvements and as such shall be subject to
compliance with all Arkansas laws and regulations including but not limited to Ark.
Code Ann. § 22-9-101 et seq. (Public Works Codes), Ark. Code Ann. § 17-15-101 et
seq. (Licensing for Engineers), Ark. Code Ann. § 17-30-101 et seq. (Licensing for
Architects). Furniture or equipment, which is completely portable or movable and only
requires a plug-in connection or a quick copper connection are considered as furniture
and not as a capital improvement.
(J) Structural Drawings
(1) On the first sheet of the structural drawings, provide the information pursuant to Ark.
Code Ann. § 12-80-101 et seq. and the Arkansas Fire Prevention Code regarding
seismic design. Provide a brief description of the type of foundation and framing system
used. Reference the sub-surface soil investigation and survey (company and date). In
no investigation has been performed, indicate all assumptions used for the foundation
design. Describe the live load allowances included in the system design. Note the
allowances used for partition loads, mechanical and electrical system loads and the
allowance for movable items such as furniture and the like.
(2) Foundation drawings shall include a notation for the design bearing values for all
spread footings and caissons and bearing loads for all pilings. Show details for all slab
and footing interfaces including those for interior partitions. Show the locations and
spacing for all construction, expansion, and control joints on all concrete expanses.
Show locations of perimeter insulation systems, under-slab drainage and foundation
drain system. Where expansive clay soils or other unsuitable soils are indicated, show
the requirements for the proper backfill of a suitable material or engineered system to
provide the proper bearing support. When collapsible forms are required to compensate
for subsurface expansion, show the detail requirements for installation and control.
(3) For all plans, show the minimum concrete strength required for each part of the
structure as required to comply with the Arkansas Fire Prevention Code. For special
areas such as mezzanines, show the maximum safe live load that the Owner may place
on the mezzanine after construction. Show the steel yield point strength for all
reinforcing and structural steel.
(4) Framing plans shall show the size of each element and the dimensional location. When
the framing system includes areas such as shear walls, which should not contain
penetrations, these areas shall be clearly noted and shaded or hatched to allow rapid
location and identification during the review process. On systems such as post tension
slabs where penetrations must be exactly located, show all locations by dimension, and
provide a cautionary note for the contractor advising him of the restrictions or
precautions necessary to follow during construction regarding the cutting of additional
openings.
(5) For pre-engineered systems such as pre-engineered metal building, tilt-up slab
construction, pre-tension slabs, post-tension slabs, or modular prefabricated
construction, provide sufficient information and details as required for the fabrication to
meet the requirements of the project. Include all design values necessary to fabricate
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the structures and to allow independent verification that the furnished product meets the
design intent. Include plan views and elevations of these pre-engineered systems to
allow review of the concept and coordination of work designed by other trades such as
mechanical, electrical, and architectural finishes.
(6) Provide schedules showing all grade beams, pilings, caissons, and other elements
where size, type, strength, and special connections must be coordinated to ensure
proper construction. Include other schedules as required to allow accurate bidding,
construction, and field verification or as required to communicate the design intent. This
can include, but are not limited to, column schedules, beam schedules, and truss
schedules.
(7) Show all typical and special connection details. Indicate the location and type to allow
quick coordination and review.
(8) Show section views and elevations as required to indicate the connection locations of
beams, floors, joints, and trusses. Where sections do not show the floor below, provide
a dimension reference to the top of the beam, bearing elevation of the joist or other
element that will allow accurate determination of the clear space below the bottom of
the structural elements. This dimension should be in reference to the finished floor
below or in elevation dimensions (i.e. 10’-0” above 2
nd
floor or elev. 112’-6”).
(K) Mechanical Drawings
(1) Show the locations of all heating, ventilating, and air conditioning equipment on the plan
view. Provide each piece of equipment with a unique designation mark keyed to the
equipment schedule. Equipment shall be located as required to provide proper access
for maintenance and repair. Equipment shall also be located as required to facilitate
future removal and replacement without requiring the demolition of walls, windows, or
other perimeter features of the building. Where replacement will require removal of
louvers, other equipment, piping, or ductwork, clearly indicate the separation points on
the plans. Use bolted flanges or other replaceable type connections. Where
replacement or installation will require removal of a wall, door, window or the roof, the
design professional must obtain written approval from the Section prior to the
submission of the final review documents (construction documents).
(2) Show the routing of all ductwork and piping on the plan views. Ductwork shall be shown
double line all the way to the diffuser or grille. Differentiate between high velocity
ductwork, double wall ductwork, single wall ductwork and internally insulated ductwork
with a distinctive shading or hatching pattern. Differentiate between different duct
system materials such as PVC, aluminum, galvanized and the like in a similar manner.
Piping 6 inches and larger shall be shown double line on plan and section views at 1/4”
= 1’-0” scale or larger. Piping 10 inches and larger shall be shown double lined on plans
and section views at 1/8” = 1’-0” and larger. All other piping shall be single line and
bold. Show reducers, increaser and when fittings on all ductwork and piping at each
change in size. Provide arrows on the piping plans indicating the direction of flow and
direction of slope of the lines.
(3) Where the HVACR system contains refrigeration equipment with remote condensers,
condensing units, or fluid coolers, show the routing of the refrigerant piping between
each piece of equipment on the plan and section views. On small systems such as
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package coolers or split system air conditioners, the designer may use a single line to
represent both the suction and liquid lines. Provide dual designation on the line (i.e.
RS/RL) and provide the size of both lines in the dimension note. Where hot gas by-
pass, double suction risers or similar special lines are required, show these lines
separate from the combined suction and liquid lines. Provide refrigerant piping
schematics for each unique system. Show all the refrigerant specialty items and
isolation valves. The designer may show the pipe sizes in a schedule format for each
unit adjacent to the piping schematic.
(4) Show the airflow quantity at each air device with a balancing damper to facilitate
capacity verification and final air balance. For special areas such as laboratories,
isolation rooms, special procedure rooms, and hazardous storage or sterile storage
rooms, show the pressure relationship for that space relative to the adjacent spaces
such as positive pressure, negative pressure, or neutral pressure. This is not required
for toilet rooms, janitor closets, or similar spaces, which are clearly negative to the
adjacent spaces. The designer may indicate the pressure relationship for these spaces
if necessary to clearly communicate specific design intent. The sum of the air flow
quantities in a zone shall match the capacity of the air handling unit or terminal devices
in the respective zone plus or minus an appropriate amount as required to maintain the
space pressure relationship.
(5) Show the exact location for each fire damper, smoke damper, control damper,
balancing damper, control sensor device and the access door to each device on the
plans and section views. In variable volume systems, show the locations for all relief
doors upstream or downstream of every fast closing damper as required to prevent the
collapse or rupture of the duct system.
(6) Where ductwork penetrates a floor or a roof and where a duct rises up or down, show
the cross section of the duct with the appropriate diagonal marking and shade a portion
of the cross-sectional view to prominently show the location of the penetration or riser
on the plan view. Provide a note indicating the size and direction of the riser and to
where it goes (i.e. 10/10 up to 2
nd
floor).
(7) Where hydraulic or steam piping systems are provided, show the location of all
expansion joints or loop and the locations of all anchors and guides required to control
the expansion. In steam systems, show the locations of all traps and vents required for
the proper startup and maintenance of the equipment. Show these locations on the
plan views. Include the locations of access doors where required. When designed
offsets in these systems create traps or air pockets, show a drain and vent location to
facilitate future drain and fill of the system.
(8) When hydraulic systems require freeze protection additives such as a glycol or brine
solution, show the estimated system volume on the drawings along with the percentage
by weight or by volume of the anti-freeze additive and the type of additive required. This
may be noted on the system flow diagram. Ensure that all equipment capacities have
been adjusted to account for the additive.
(9) Provide an enlarged plan view of each unique mechanical room at 1/4” = 1’-0”
minimum. Show the location of all HVACR equipment, piping, ductwork, controls panels
and the locations of all electrical panels, plumbing equipment, and other equipment
within the room. All non- HVACR equipment should be shown dashed and a reference
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provided to the appropriate sheet where that equipment can be found. Coordinate the
location of these items to ensure proper code clearance, maintenance access, and
operational access.
(10) Provide at least one cross section view of each mechanical room showing the
elevation of the equipment, ductwork, and piping in the room to allow the contractor
sufficient information for bidding and to allow verification of proper access for service
and replacement of equipment. Large or complex rooms may require multiple section
views to clarify these issues. All section views should be drawn to a minimum scale of
1/4” = 1’-0”.
(11) Provide at least two cross sectional views through the building along each of the
major axis showing the mechanical systems. The minimum scale for these views shall
be 1/8” = 1’-0”. Provide additional enlarged scale sectional views as required at
crossovers of ductwork and piping, furr-downs, and offsets under major structural
members to clearly describe the installation limitation at these areas. Reference all
known or possible interference from other trades such as sprinkler piping, electrical
conduits, plumbing drains, and the like. Where these large-scale sections do not
show the floor-to-floor view, provide a dimension to the finished ceiling and bottom of
the structure to allow verification of the clearance (i.e. 10’-0” ceiling and 11’-6” bottom
of joist, and the like).
(12) Provide details of typical connections, mounting details, piping specialties and unique
installations. Details may be drawn “not to scale” provided the detail is not required to
clarify a clearance or service access issue. In these cases, show the detail at an
appropriate scale. Cross-reference the sheet number to where the specific detail
applies. Also provide a detail flag on each plan sheet, which references the
appropriate detail number on the detail sheet. Provide an individual detail number on
each detail to facilitate this cross-referencing. Provide as many details and detail
sheets as necessary to clearly communicate the installation requirements for the
project.
(13) Provide flow schematic for chilled water, heating water, condenser water, steam
systems, and other heat transfer systems. Show the relationship of the equipment in
the process. Show all piping connections control elements and valves necessary for
the proper operation and maintenance of the systems. Size all piping, vents, drains,
and valves. Show capacity, flow, and pressure loss for generating equipment. The
diagram should be drawn to enhance rapid understanding of the system. For complex
systems, provide diagrams in a ladder type arrangement to eliminate line crossings
and the need for isometric views to clarify flow path. Correctly show the flow path and
the relative location of all components, junctions, and branches. Do not change the
relative location of flow junctions to avoid line crossings. Provide arrows indicating
direction of flow on each pipe segment. Show all make-up valves, relief valves,
pressure reducing valves, and expansion tanks. Show the pressure rating and
capacity of each on the diagram. For complex systems with numerous valves, fitting,
and components provide multiple versions of the basic diagram with control
capacities, or sub-system elements super-imposed on the diagram.
(14) Provide control diagrams for each unique system or unit. Diagrams shall show the
locations of all sensors and control elements. Provide a designation for each
component and a legend or schedule for symbols on the same sheet (i.e. mixed air
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sensor and the like). Show the set point and alarm points on the diagrams or in the
schedules. Indicate the type of control point for each device (i.e. Analog Input AI).
Include the sequence of operation on the sheet with the control diagram. Ensure that
the sequence is clearly spelled out as to the actions and reactions of the components
to the command or control signal. When pipe mounted or duct mounted sensors are
installed, provide a spare well adjacent to the control device to allow field verification
of the device operation or the media temperature or pressure with portable, handheld
instruments. Provide a schematic diagram for each network LAN showing the location
of each panel and workstation connection and the equipment it serves.
(15) Provide equipment schedules on the drawings. Do not schedule equipment in the
specification’s manual. Schedules shall be arranged in graphic format with the major
operating conditions defined and the capacities shown. Include the electrical
requirements showing the power voltage, phase, amperage, motor horsepower’s and
brake horsepower. For major equipment such as chillers and boilers, include the
energy efficiency rating. Provide sufficient data to allow purchase, startup and
balancing of the system or equipment. Include data necessary to trouble shoot
equipment in the event of a startup or operational problem. Schedules shall be
provided for each type of equipment or component (i.e. air handler, air devices,
pumps, traps, and the like). Provide a unique designator for each piece or type of
equipment. Ensure that the schedule title and designator are consistent with the plan
labels. In the header for each schedule, show the specification section number where
that item can be found (i.e. Air Handlers – 15850).
(16) Where seismic restraints are required by code, provide details of typical acceptable
restraining methods for piping, ductwork, and equipment. Show locations of all
restraints on the plans and cross reference the appropriate details. Provide the basic
design criteria for the restraining system including the seismic zone in which the
project is located. Where the code allows exemptions or exceptions based on pipe
size or location of piping or ductwork relative to the supporting structure, note the
exceptions on the plan. Designers are encouraged to lay out system piping and
equipment in a manner which eliminates where possible the need for costly restraints
and minimizes the hazard to the building occupants during a seismic event.
(L) Fire Protection Drawings
(1) Show location and types of sprinkler heads. Provide a different symbol for each type of
head.
(2) Show the hazard classification for each area with a different classification.
(3) Show the locations and ratings of all fire and smoke partitions. Show all fire doors,
smoke vents or fire shutters.
(4) Show the location of the fire service entrance. Show a detail of the service entrance
including all valves and devices in the entry riser. Include the locations of the test
drains, alarm devices, seismic connections, and backflow preventers.
(5) Where a fire pump is required, show a minimum of 1/4” = 1’-0” scale plan review of the
pump room and a minimum of one (1) cross-section view of the room showing the
elevation of the piping and valves.
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(6) When standpipe risers are required, show the location and size of the piping from the
service entrance to each riser. Show the location and size of each hose or fire
department connection. Indicate the mounting height of each hose cabinet or fire
department connection.
(7) When sprinkler heads are installed in electrical rooms, computer rooms,
telecommunication rooms elevator shafts or elevator machine rooms, show the
temperature ratings for these special heads and indicate if these are pre-action or
deluge type systems.
(8) Show the area of coverage by special systems such as dry-pipe systems, pre-action
systems, or non-water systems. In non-water systems, show the complete layout of
piping, storage tanks, and system controllers.
(9) Show the locations of all control valves and tamper switches in the system. Show other
devices that require interconnection with the building fire alarm system or other alarm or
monitoring systems.
(10) Show the location of all piping and the preferred routing throughout the building. Size
all piping, including branch piping, on the bid documents. The designer may use the
pipe size chart provided in NFPA 13 or may perform the hydraulic calculations
necessary to size the piping. It is permissible to allow the successful contractor to
submit an alternate layout in the shop drawing phase subject to review and approval
by the engineer.
(11) Provide the details necessary to show the preferred or acceptable mounting
requirements and piping support systems. Where systems are subject to seismic
design requirements, provide the seismic restraint details necessary to comply with
the requirements of the zone in which the system is installed. Show locations of all
restraints on the plans and cross reference the appropriate details.
(M) Plumbing Drawings
(1) Show the locations of all plumbing fixtures, equipment, drains, vents, outlets, and
valves necessary for isolation, operation, or emergency service on the floor plans.
Enlarged plans may be used to show exact locations.
(2) Clearly define which piping is located below the floor, above the ceiling or exposed in
the occupied spaces. Piping subject to freezing shall be installed on the warm side of
the building insulation or provide with heat trace system.
(3) Size piping on the plan views. Show increasers and reducers at the point where sizes
change. Show sizes of piping risers, or headers concealed inside chases or where they
pass through a floor.
(4) Crosshatch or shade all plumbing fixtures and equipment for ease of location. Provide a
unique designation for each type of fixture or equipment.
(5) Provide waste and vent risers in accordance with the requirements of the Arkansas
State Plumbing Code. Size the piping on the floor plans and these diagrams. Show the
size of each vent thought the roof and designate these penetrations on the risers and
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plan views with their size. (i.e. 4” VTR).
(6) Show the locations of all roof drains and area drains on the plan views. Show where all
drains terminate or discharge. Where emergency overflow drains or scuppers are to be
used, show locations and sizes. Provide correct locations and details on the plumbing
drawings and cross-reference the appropriate locations and details on the correct
architectural sheets.
(7) Show the locations of all cleanout plugs and manholes as required by the Arkansas
State Plumbing Code. On open drain inlets, outlets, and all connections to manholes
and catch basins, show the elevation of the top of the feature as well as the flow line
inverts of all inlets and outlets.
(8) Provide a schedule showing the sizes, capacities, operating characteristics, and design
basis product name for all plumbing equipment (i.e., water heaters, pumps,
compressors, and the like). Plumbing fixtures may be scheduled in the specifications;
however, the preferred location is on the drawings.
(9) For special piping systems such as natural gas, medical gas, laboratory gas, process
piping and the like, provide the same information as generally described above. For
small projects, multiple systems may be shown on the same plan view. For large or
complex projects such as laboratories and hospitals, provide separate plans for clarity.
For systems such as reverse osmosis, de-ionized water, or ultra-pure water systems,
show all components in their respective locations on a flow schematic. Ensure that
complete specifications are provided for each component in the system. Do not rely on
the Contractor or the Vendor to size the system and select the components.
(10) Provide details for fixtures and equipment connections showing all valves,
accessories, mounting supports, hangers, and auxiliary connections to other systems
as necessary to communicate the installation requirements, operation requirements
and the maintenance shutoff or removal points. Provide control interlock diagrams for
equipment with automatic controls. For systems containing tanks or holding vats,
show all header piping requirements, tank, cylinder or vat sizes in gallons or cubic
feet and methods for securing the tanks in place. If alarms are required for notification
of over temperature, over pressurization, overflow, or low volume, note these set
points on the details or control interlock diagrams.
(11) Where seismic restraints are required by code, provide details of typical acceptable
restraint methods for piping and equipment. Show locations of all restraints on the
plans and cross reference the appropriate details. Provide the basic design criteria for
the restraint system including the seismic zone in which the project is located. Where
the code allows exemptions or exceptions based on pipe size or location of piping
relative to the supporting structure, note the exceptions on the plan. Designers are
encouraged to lay out system piping and equipment in a manner which eliminates
where possible the need for costly restraints and minimizes the hazard to the building
occupants during a seismic event.
(N) Electrical Drawings
(1) Show the source and voltage characteristics of all power sources. Show the exact
location for connections to existing power, telephone, fiber optics, security, and other
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services to the project. Where such connection points are shown on other drawings
such as civil drawings, reference the sheet number where these connection points can
be found. Coordinate these cross-references to ensure the proper connection and entry
points are shown. Indicate the ownership of the existing utility to which these
connections are to be made. Some State facilities own their own distribution networks
and many do not. Provide a phone number and a contact name for the owning agent to
coordinate connection requirements. Provide a detail of each utility entry into the
building.
(2) Lighting layout shall indicate the switching and circuiting of each fixture or group of
fixtures. Circuiting shall indicate the power source panel and the circuit breaker number
for that circuit. Emergency egress lighting shall be crosshatched or shaded so the
fixtures will standout for rapid identification during review of the drawings. When
emergency power is provided by a generator, or other backup source, the circuiting
lines connecting fixtures and outlets should be designated with an “E” to identify these
circuits as emergency power. Each fixture symbol shall contain an identification
designator that is keyed to the fixture schedule.
(3) Power outlets shall be circuited in the same manner as lighting circuits. Indicate the
mounting heights of outlets to ensure proper installation. Where outlets must be
installed in a specific pattern or spacing, provide dimensional plans and elevations. In
the absence of the specific dimensional location of outlets, the contractor will install the
box on the nearest stud or blocking. Where power is provided to equipment, show the
exact location of the disconnect switch. Indicate the starter location and note if the
starter is to be furnished unit mounted with the equipment. Show the size of the power
conductors and the conduit serving the equipment.
(4) Show the location of all system components such as fire alarm, security, closed circuit
television, sound, paging, telephone, and computer. When the systems to be furnished
are complex or may be installed by a specialty contractor, provide separate drawings
for these systems. Ensure that all components and locations are coordinated with other
trades in the design phase. Where systems are simple or small in nature, they may be
combined with other system drawings such as the lighting or power. When the
interconnecting cabling for these systems may pose an interference with other trades,
show the preferred or engineered routing of the cabling and conduit. As a minimum,
provide riser diagrams or schematics for each system. Show the location of all system
head end or front-end panels, control stations and sub panels. When a system must
interlock or interface with another system such as the fire alarm and fire sprinkler
system, show the exact location of such interfaces and the specific interlock
requirements.
(5) Perform the lightning hazard calculations as defined in NFPA-780 and include this
information on the cover sheet or in the electrical general notes. If a lightning protection
system is to be provided, show the locations of all air terminals, interconnecting
grounding cables, down leaders, and ground termination points. Where grounding is
connected to other grounding systems, show the connection point and the location of
the other grounded systems termination points. Show all details necessary to describe
the attachment of air terminals, cabling support, penetrations of the building envelope
and attachment to the grounding rods or other systems. Indicate the location of all test
points necessary to measure the system resistance and specify the maximum
permissible resistance allowed by the system design.
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(6) Show the location of main electrical rooms. Provide enlarged scale drawing as
necessary to show and designate all equipment. For rooms containing equipment over
6’-0” tall, provide section views of equipment in the room showing installed elevations
and clearance above the equipment. Ensure that all equipment including branch panels
and disconnect switches are installed with proper clearances in front of and above the
unit as required by the National Electrical Code NEC Article 110. Ensure that all panel
locations are coordinated with other equipment in the space. Show the locations of all
panels on the small-scale plans also.
(7) All new buildings and additions and renovations of more than 4000 SF of space shall
include at least one (1) dedicated telecommunication room per floor sized in
accordance with the recommendations in the appropriate EIA/TIA Standards but no
less than the size shown in §2-1402. Show the location of all cable entry, mounting
rack, backboards, operator stations, UPS equipment, and power outlets. For mission
critical operations, provide emergency lighting in the room. Clearly define on the
drawings who will be furnishing the interconnection cabling (i.e. cable and terminations
by the contractor or by the owner). Specify plenum rated cabling in all installations not
in conduit regardless of whether the ceiling cavity is currently a return air plenum.
(8) Provide a wire management system in all new construction for the installation of special
systems wiring which will not be installed in conduit raceways. The wire management
system shall be attached to the building structure or walls in a manner so as not to
overload the structure. Wire management systems shall be designed to accommodate
multiple systems without electronic interference or creating a code violation. Where
necessary provide multiple systems for dedicated use by a single system. Wire
management system and attachments should be designed to allow a minimum of 25%
future growth for each wiring system.
(9) Provide electrical details and system details as required to completely describe the
installation requirements and interconnection with other systems installed by other
trades. Particular attention should be paid to the installation of exterior lighting fixtures,
special interior fixtures such as chandeliers, operating room lights, and the like. Details
of special grounding requirements should also be included.
(10) Provide riser diagrams or schematics showing the relationship of major components
such as panel boards, transformers, and service entrances. Risers shall also be
provided for special systems such as fire alarm and security systems. For large or
technically complex projects, provide one-line diagrams showing the source of power,
or service and the size and relationship of subcomponents such as distribution
panels, breakers, fuses, switches and routers to each major sub-panel or element.
These diagrams shall also include the size of the wiring and conduit between
elements and the ratings of the breakers, fuses, switches, and routers with enough
information being provided to describe the limits of the capacity of the system and
components.
(11) Provide schedules for all lighting fixtures, transformers, panel boards and specialty
systems components. Schedules shall include the voltage rating for each item, the
capacity of the item and any power losses or inefficiency of the fixture or equipment.
Equipment producing a heat loss (greater than ½ of 1 percent of the equipment
rating) shall include the manufacturers heat loss in Btu’s on the schedule. Equipment
producing radio frequency interference (RFI) or electromagnetic interference (EMI)
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greater than that allowed by FCC regulation shall be noted on the schedule and any
special shielding requirements necessary to control or eliminate this interference
should be noted and detailed or specified. Schedules shall be provided for each type
of equipment or component (i.e. fixtures, transformers, and generators). Provide a
unique designator for each piece or type of equipment or fixture. Ensure that the
schedule title and designator are consistent with the plan labels. In the header for
each schedule, show the specification section number where that item can be found
(i.e. Transformers-16460). Panel board schedules shall be presented in a graphic
format and shall include a designator for what each circuit feeds to facilitate the
development of the panel board directory. Do not limit the panel board schedule to a
description of the quantity of certain size breakers such as circuits 1, 2, 3, 4 = 20A or
provide 20-20A/1P breakers.
(12) Where seismic restraints are required by code, provide details of typical acceptable
restraint methods for piping and equipment. Provide the basic design criteria for the
restraint system including the seismic zone in which the project is located. Where the
code allows exemptions or exceptions based on pipe size or location of piping relative
to the supporting structure, note the exceptions on the plan. Designers are
encouraged to lay out system piping and equipment in a manner which minimize the
need for costly restraints and eliminates where possible the hazard to the building
occupants during a seismic event.
2-1600 APPROVAL TO BID OR PROCEED [INTENTIONALLY LEFT BLANK]
2-1601 DEPARTMENT APPROVAL
(A) Upon Department approval of the completed construction documents (previously submitted
including responses to the Section comments), the Department Project Coordinator shall
inform the Section and the Design Professional in writing that the Agency accepts and
approves the drawings as submitted. There shall be no changes from the date of the letter
unless submitted and approved by procedures initiated by DBA.
(B) The approval to bid or approval to proceed letter is valid for 1-year from the date of the
letter. If the project has not bid within that 1-year period, the project must be re-submitted to
the Section for review and approval.
2-1602 BID DATE REQUESTS, OR REQUEST TO PROCEED WITH CONSTRUCTION
(A) Bid date requests to the Construction Section may not be made until approval from the
Section has been given. If the Design Professional is responsible for coordinating the bid
date, written approval must be secured from the Department prior to bidding. The
Construction Section must be contacted to coordinate a bid date, time, and location. Upon
coordination with the Construction Section, the project may be advertised and bid
documents released to bidders. (Refer to §§3-200 & 3-303)
(B) For projects subject to DBA bidding and contract management, a separate submittal of the
“front end documents” may be required to the Construction Section prior to the
establishment of a bid date.
(C) A Department may not enter into a contract for a negotiated capital improvement project
unless allowed by law and prior approval of plans and specifications has been provided by
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the Section.
2-1603 CONTRACT DOCUMENTS TO BE PROVIDED TO THE GENERAL CONTRACTOR
(A) The Owner and Design Professional shall provide the successful general contractor with the
minimum necessary copies of the contract documents as outlined below, however, this
section shall not preclude lesser amounts, if agreed upon by the Owner and Contractor.
PROJECT SIZE (COST) NO. OF SETS TO ISSUE
$0 - $500,000 10 sets
$500,001 - $1,000,000 15 sets
$1,000,001 - up 20 sets
(B) The project general contractor shall be responsible for the cost and distribution of additional
bid documents to their respective sub-contractors. Partial sets of the contract documents
shall not be allowed. All trades shall have complete contract documents for reference.
2-1604 RECORD COPIES OF PROJECT DOCUMENTS
(A) At the final completion of the project, the Design Professional shall submit one (1) copy of
the complete set of the project documents on a CD or portable electronic device. See §3-
500(D).
(B) In addition, if any of the drawings or specifications were prepared by computer assisted
drafting (CAD) or word processing, the Design Professional shall also provide one copy of
all computer generated “read only” documents to DBA and one copy of the “read only”
documents to the Department for record purposes.
(C) Acceptable formats for word processing, spreadsheets database, presentation graphics and
other similar documents are Microsoft Office Products or other formats converted and saved
as such. Cost of the microfilm and electronic media are reimbursable from the Department.
(D) When drawings or specifications are not produced electronically, the Design Professional
shall have the documents scanned into a photo image such as a TIFF image, PDF file, or an
AutoCAD file for record purposes. These files shall be furnished on CD or portable
electronic device. The files shall be capable of being opened by an industry standard file
manager such as Adobe Acrobat Reader, Kodak Image reader or similar software. Verify
the Department preference prior to submitting these types of files.
(E) Departments requiring electronic media copies should carefully consider environmental
storage requirements. It is recommended that electronic information be transmitted on CD or
portable electronic device.
(F) If a department utilizes portions of existing reproducibles or electronic media for bidding
purposes, i.e., carpet replacement, DBA requires all title blocks (of the original design
professional) be removed and new title block information provided before project is released
to any bidders.
(G) Design professionals providing electronic media, tracings, reproducible, and "as-built" record
drawings may request that release agreements limiting their use be signed prior to releasing
to the Department or DBA. These release agreements shall be carefully reviewed by legal
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representation of the Agency and submitted to DBA for review before signing. Improper use
of a Design Professional's work may result in claims for additional compensation.
(H) If the Design Professional is required to deliver any services required hereunder in the form
of electronic encoded media, the printed representation of such media furnished by the
Design Professional shall be the official record of the Design Professional's service. The
Department shall have a right to rely on such printed representation in connection with any
subsequent modification of such electronic media. The Department and DBA recognize that
the printed material represents the intent and instructions of the Design Professional but
does not represent the “as-built” condition of the project. The Department must obtain
written authorization from the design professional allowing the use of the documents for any
purpose other than the specific intended use of those documents.
2-1605 DESIGN PROFESSIONAL PROJECT OBSERVATION REQUIREMENTS
(A) The Design Professional and their consultants shall conduct construction observation visits
to the construction site as part of the basic professional services. (Refer to §2-201) The
Design Professional shall conduct visits to determine the progress and performance for all
capital improvement contracts. On-site observations shall concur with the contractor’s pay
request and shall be submitted in written form with the pay request.
(B) Construction observation of the project by the prime Design Professional and all consultants
at key critical times during construction for that applicable portion of the work for which they
are involved, shall be as required to observe fulfillment of the construction documents.
(C) Both the Design Professional and all consultants shall submit a typed construction
observation report or summary of any observed construction deficiencies, with follow-up
correspondence to the Department’s Project Coordinator on DBA approved forms. Copies of
the Design Professional and all consultant’s construction observation reports and follow-up
correspondence shall also be forwarded to the Construction Section and shall accompany
the Contractor's monthly payment request.
(D) The Department Project Coordinator and the Design Professional shall carefully evaluate
the need for more intense project observation than the basic services provide. This may
include projects requiring the installation of underground utilities, the construction of critical
concrete structures and similar projects where the normal course of construction may render
critical elements of the project unavailable for inspection due to the placement of finish
materials
(E) On projects where this may result in the inability of the Department to accept the project with
confidence that the work has been properly installed, the Department may desire to require
more intense observation by the Design Professional than would normally be provided by
the basic services agreement. The Department shall negotiate the rates for additional
observation during the original contact negotiations. If it becomes necessary to expand the
Design Professional’s scope of services by amendment, consult with DBA prior to
negotiating the amendment.
(F) For instructions regarding construction observation and administration, and project closeout
requirements please refer to §3-500 through §3-600.
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2-1700 CAPITAL IMPROVEMENT ALTERNATIVE DELIVERY METHODS
Pursuant to Ark. Code Ann. § 19-4-1415, unless exempted, DBA has authority to oversee contracts
in the amount of five million dollars ($5,000,000) or more, which are not awarded in the traditional
design- bid-build method, but rather awarded through negotiations.
2-1701 PROJECT CRITERIA
Refer to §3-701.
2-1702 SELECTION OF DESIGN PROFESSIONALS
(A) The procedures prescribed in §2-100 shall apply to the selection of Design Professionals
utilized for projects under this section.
(B) Refer to §2-102(A) and add the following requirement:
(1) The Department shall indicate that the contemplated project exceeds five million dollars
($5,000,000) in estimated construction cost, excluding land costs, and that the
Department intends to utilize a type of negotiated contracting for the construction
phase.
(2) Refer to §2-102(C). The draft advertisement shall clearly indicate that the design
services required would be utilized on a project that the Department intends to award
through negotiations in lieu of the traditional design-bid-build process. The notice shall
also indicate that the selected professional will work with the Department’s contractor in
the development of the project budget, construction options and administrative
procedures for managing the project under “fast track” conditions, if applicable.
2-1703 SELECTION METHOD FOR DESIGN PROFESSIONALS
(A) Selection of Design Professionals shall be as prescribed in §2-106 except that the pre-
selection committee shall consist of five (5) members, three (3) from the Department and
two (2) from DBA. The DBA Director shall determine the members from DBA and the
respective Department Secretary shall determine the members from the Department.
(B) Refer to §3-700 et. seq. for the selection of construction managers and contractors.
2-1704 BASIC SERVICES DEFINED
(A) Refer to §2-201 for Basic Services Defined. All services listed shall apply except as follows:
(1) For “fast track” projects, the schematic design and the design development phases
shall be condensed as required to verify the budget estimate via contractor pricing.
(2) Construction documents may be developed in phases as necessary to maintain the
project delivery schedule.
(3) For “fast track” projects, the Design Professional shall obtain all “as-built” information
from the contractor and shall compile this information into an accurate set of record
drawings and specifications for submittal to the Department in printed form and in
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electronic form.
(B) A copy of these record drawings shall be provided to DBA in electronic form only.
2-1705 PROJECT SCHEDULE
(A) Refer to §2-318(C) for basic schedule requirements.
(B) For projects utilizing a “fast track” methodology, the Design Professional shall assist the
Agency in developing a “Request for Proposals” package to be utilized in the selection
process for the contractor or construction manager. The RFP shall be submitted to the
Section and Construction Section for review and approval prior to issuing to potential
contractors. The requirements of the RFP shall closely match the requirements of a schematic
design plan review submittal. Include appropriate specifications for the desired building
materials and equipment.
(C) The Department shall submit a schedule of activities listing the proposed milestone submittal
dates to DBA including but not limited to the following:
(1) Submittal of request to begin selection of the design professional.
(2) Submittal of request to select commissioning agent (if applicable).
(3) Submittal of contractor selection RFQ document for review and approval.
(4) Submittal of design professional services contract for approval.
(5) Submittal of commissioning agent services contract (if applicable).
(6) Submittal of contractor contract.
(7) Submittal of first plan review.
(8) Beginning date of construction phase and expected duration of construction.
Refer to §2-1706(E) for submittal schedule requirements using “fast track” construction.
2-1706 PLAN REVIEW REQUIREMENTS
(A) All plans shall be submitted to DBA for review and approval prior to delivery to the contractor
or construction manager for pricing. Refer to §2-1500 et. seq. for basic plan review submittal
requirements.
(B) Projects not utilizing the “fast track” method shall be submitted to Design Review when the
plans and specification are considered 100% complete and ready for bidding or construction.
The design professional shall make schematic design and design development submittals to
the Department as required to obtain approval by the Department to proceed to final
construction documents. The documents will be provided to pre-selected contractors for
preparation of proposals to construct the facility.
(C) For projects utilizing a “fast track” methodology, the first review submittal shall consist of the
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documentation normally contained in a schematic design submittal. This first submittal shall
contain sufficient information to adequately describe the scope and materials of the total
project design. If the contract with the contractor has been implemented, a copy of that
contract shall also accompany the submittal.
(D) For “fast track” projects, intermediate submittals shall be made at frequencies necessary to
maintain the project schedule and appropriate quality control. This process may result in
multiple partial submittals. Each partial submittal shall represent one or more discrete portions
of the work, which can be designed, priced, and constructed independently of other portions
without resulting in de-construction or rework of the portions previously constructed. These
individual packages shall be submitted when the plans and specifications for that element of
the work is 100% complete.
(E) The Department Project Coordinator shall submit a schedule of the desired submittal review
packages with the first review submittal. The schedule shall indicate the type of submittal
package (i.e. Site Work), the estimated cost of that element of construction, the estimated
date of submittal and the date the contractor will require approved plans in order to maintain
the desired construction schedule. Each submittal package will be labeled with the
appropriate title and a volume number beginning with the first submittal which shall be labeled
“Comprehensive Schematic Design-Volume 1.” The Department shall follow the schedule
submitted and approved by DBA and shall update the full schedule timelines and cost
estimates at each subsequent submittal. Deviations from the schedule require DBA approval.
(F) The contractor shall not begin work on a given element of the project until that package of
documents has been approved to proceed by the Section. The plans and specifications
issued to the contractor for construction shall be stamped “Approved for Construction.”
(G) At some point in the process of developing the plans and specifications, the contractor must
establish a guaranteed maximum price (GMP) for the construction contract. When that point
has been reached, the Design Professional shall issue a complete set of the documents used
to generate that guaranteed price and label the cover as the “GMP Set” along with the issue
date. Copies of this set of documents shall be forwarded to the Department Project
Coordinator, the Contractor, the Section, and the Construction Section for record keeping.
These documents will be the basis of reference for all future adjustments in the cost of the
contract. It shall be noted that while changes in the documents may not constitute a change in
the GMP, all changes must be documented by change order even if there is no increase or
decrease in the contract sum. Approved plans and specifications must accompany all change
orders submitted to the Construction Section. In addition, a copy of the Sections’ approval to
proceed letter shall be included with the change order documentation.
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SECTION THREE CONSTRUCTION SECTION
3-100 INTRODUCTION
(A) Ark. Code Ann. § 22-2-102 et seq. provides authority to DBA to promulgate reasonable rules
and procedures as may be required to carry out its duties consistent with the purposes of
this Act. The Construction Section provides a review of all applicable legal restraints and
requirements to assure compliance with all laws pertaining to the contracting of capital
improvements, which includes but is not limited to Ark. Code Ann. § 22-9-101 et seq. (Public
Works Law) and Ark. Code Ann. § 19-4-1401 et seq. (Accounting and Budgetary
procedures).
(B) These rules have been adopted in the interest of uniform application of all laws, encouraging
a maximum of competition and participation among those interested in doing business with
the State, and above all, establishing a climate which produces the greatest return for the
taxpayers' dollars in the contracting of capital improvements.
(C) Any reference to the words “the Section” within this section shall mean the Construction
Section.
3-101 CAPITAL IMPROVEMENTS
(A) Whenever a Department intends to construct buildings and facilities or to make repairs or
additions and improvements to existing buildings and facilities, the procedures as outlined in
this manual shall be followed.
(B) Capital improvement projects fifty thousand dollars ($50,000) or less shall be exempt from
Construction and Design Review Sections oversight. Capital improvement projects in the
amount of twenty-five thousand dollars ($25,000) or less may be bid or made by the open
market. These projects shall be known as a “Small Order.”
(C) Capital improvement projects more than twenty-five thousand dollars ($25,000) but less
than fifty thousand dollars ($50,000) (between $25,000.01 and $50,000) shall be contracted
by contacting and requesting a minimum of three (3) bonafide bidders to bid the work.
These projects shall be known as a “Quote Bid.”
(D) See §3-408(E) for guidance pertaining to change orders which increases the contract above
the exempt amount.
3-102 DEPARTMENT OFFICIALS
All contracts, unless exempted, shall be processed and approved by the Section. Upon sufficient
justification, bid openings may be performed by persons other than the Section. Justification may
include a health or safety related emergency. Under such circumstances, Department procurement
staff shall be responsible for adhering to all laws, and rules, including processing of bid protests.
3-200 CAPITAL IMPROVEMENT REQUESTS - GENERAL REQUIREMENTS
(A) Unless specifically exempted from oversight, when a Department requests a capital
improvement, the Department shall submit to the Design Review Section, a cover letter
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identifying the capital improvement (see Section 2) with sufficient plans and specifications
necessary to describe what is required for formal bidding. When a Department requests for
capital improvements on non-state owned facilities, they must consult with the from the Real
Estate Services Section before proceeding. See also §5-103(M).
(A) The project manual shall be based on the CSI (Construction Specification Institute)
format. All items, equipment, materials, etc., shall be specified under each of the
appropriate Master Format Divisions.
(B) The original specifications shall be submitted using a standard size paper of 8 1/2" X
11" with a minimum of 1" left side margin to be used for binding.
(C) Prior to approval by the Design Review Section of the project plans and specifications,
Departments must complete and return the Project General Information and Project
Disclosure Statement forms to the Design Review Section.
(B) Upon Design Review Section approval of the plans and specifications, the Section shall notify
the Design Professional to submit the Divisions “00” and “01” documents electronically to the
Section for review and approval. The Section will coordinate with the Design Professional to
set the bid date, place legal advertising, receive, and open bids. Billing for legal advertising
will be sent to the requesting Agency. Bid dates shall not be set until the invitation to bid, bid
forms Divisions “00”and “01” documents have been initially reviewed by the Section. Bid
openings shall not take place until the final set of bid documents have been approved by the
Section. The Section shall furnish the Department with the bid results. Upon the Department’s
selection of a contractor, the Department shall notify the Section within the time frame
established by the Section in order to award the contract. A request for re-bid may be
approved upon sufficient justification. Bids shall expire as provided within the bid documents
unless an extension of time is agreed upon by the lowest responsible bidder and the
Department.
(C) Intent to Award: Once the Section receives the Department’s selection of the responsible
Contractor, a contract will be prepared by the Design Professional (or by the Department if the
Design Professional is not under contract to perform such services) and submitted with the
Intent to Award to the Contractor. This enables the Contractor to acquire the performance and
payment bond and the applicable insurance policies/certificates and disclosure statements.
DBA will not approve a contract or change order until these documents are received by DBA.
(D) Notice to Proceed: Upon approval by the Section, DBA will retain the original contract
documents and an electronic copy will be forwarded to the Department official for
disbursement, to the Contractor, and to the Design Professional. Design Professionals who
are responsible for contract administration shall coordinate the issuance of the Notice to
Proceed and shall provide a copy to the Section and Department.
(E) Unless exempted, capital improvement contracts shall be awarded to the lowest responsible
bidder.
3-201 CONTRACTS
Contracts for capital improvement, regardless of the source of funds involved, shall be issued in
accordance with §3-400 et seq. Capital improvement contracts for projects exceeding fifty
thousand dollars ($50,000) shall be approved by the Section prior to the start of work and must
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specify the exact dollar amount to be paid. The dollar amount of the capital improvement contracts
shall include, but is not limited to all taxes, insurance, bonds, and freight costs. All contracts must
include the original contract document, insurance documents, Executive Order 98-04 forms and any
necessary approvals, Illegal Immigrant Contract Disclosure form, Israel Boycott Restriction
Certification, proof of advertising (if placed by a non-DBA staff), and original performance and
payment bonds.
3-202 EMERGENCY CONTRACTING
(A) Capital improvement contracting may be made pursuant to Ark. Code Ann. § 22-9-201 where
unforeseen or unavoidable circumstances occur, such as:
(1) When human life, health, safety, or state property is in jeopardy,
(2) To reconstruct facilities, construct new facilities and related site work due to fire, storm,
riots, etc.;
(3) Construction or repairs to immediately-needed equipment or facilities where delay
would result in overall higher expenditures or cause the Department to lose revenue
due to not providing the service responsible for such as medical treatment, education,
and military armories; or
(4) When unsuccessful bids (see §3-330) occur, and the Section determines that additional
advertising of bids would be futile.
(B) The Department shall invite a minimum of three (3) competitive bids, unless the emergency is
critical (health, life, or safety), an unfair advantage of exposed bid amounts has occurred or
involves a single source provider such as a public utility, in these instances, less than three
(3) bids may be requested. If time does not allow, bids may be submitted via quote bid instead
of sealed bids upon prior approval by the Section. Prior to the invitation, Departments shall
provide the names of the proposed bidders to the Section for verification of eligibility. Upon
request by the Section, Departments shall provide justification on the merits of the invited
bidder. Examples of justification may include:
(1) The Contractor is familiar with the site or type of work due to previous work performed
on the site;
(2) The Contractor has completed several similar types of projects for the Department;
(3) The Contractor has sufficient resources to commit to the work to provide an immediate
response;
(4) Due to the urgency and the scope of the emergency project, the Contractor is
geographically located close to the facility and will be able to provide a timely response;
(5) The Contractor has the expertise necessary to complete the specialized scope for the
emergency project;
(6) The Department has sufficient favorable experience with the Contractor; or
(7) Given the urgency of the project, the Contractor has sufficient experience to obtain and
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coordinate the subcontractors necessary to expedite the work for a timely completion.
(C) The Section must be contacted in advance for prior written approval where time permits.
Where time does not permit prior written approval, telephone, fax, or electronic mail approval
must be obtained at the earliest practical date from the Section. The Section shall receive and
record details on all telephone approvals. DBA shall provide departments notice of its
determination after a review of the Department’s justification is conducted. All project plans
and specifications must be processed through the DBA Design Review Section. Upon
approval, the Department through coordination with the Section, can process the bid and
award of the contract. Bids submitted by an uninvited bidder shall be rejected and returned
unopened to the bidder. The following documentation is required when submitting an
emergency contract for approval:
(1) Written justification setting forth the circumstances of the emergency. Department’s
may access emergency related documents on the DBA website;
(2) Bid security, if required in the bid documents;
(3) Insurance Certificate;
(4) Performance and Payment Bond issued in accordance with Arkansas laws and rules.
The bond must be filed in the county where the work is to be performed;
(5) List of subcontractors pursuant to Ark. Code Ann. § 22-9-204;
(6) All other applicable documents required by law or rule;
(7) All drawings and the project manual on engineering projects which exceed fifty
thousand dollars ($50,000) and architectural projects which exceed one hundred
thousand dollars ($100,000) shall be stamped, sealed, and signed by the appropriate
Design Professional; and
(8) One (1) original of the Contract and related back up documentation.
(D) All Contractors must be properly licensed with the Contractors Licensing Board (refer to Ark.
Code Ann. §17-25-101 et seq.).
3-203 SOLE SOURCE CONTRACTING
(A) Sole source on capital improvements will be approved only when there is a critical emergency
involving imminent threat to health, life, or safety issues or there are no other available
sources to perform the required work. Sole source contracting may involve leases processed
through the Real Estate Services Section in which the non-public lessor has the sole authority
to approve contractors to perform work on non-state property. Sole source contracting does
not relieve the statutory requirements for license, insurance, and bonds; nor the requirement
for processing all project plans and specifications through the Design Review Section.
Departments shall submit a written request to the Section setting forth the circumstances
which justify their sole source request. If approved, the following documentation is required
when submitting a contract for approval:
(1) A written request setting forth the circumstances which justify their sole source request;
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(2) Bid security, if required by the bid documents;
(3) Insurance Certificate;
(4) Performance and Payment Bond issued in accordance with Arkansas laws and rules.
The bond must be filed in the county where the work is to be performed;
(5) List of subcontractors pursuant to Ark. Code Ann. § 22-9-20;
(6) All other applicable documents required by law or rule;
(7) One (1) original of the contract and related back up documentation; and
(8) All drawings and the project manual shall be stamped, sealed, and signed by the
appropriate Design Professional.
(B) Departments may invite multiple bidders, as approved by DBA, which involve proprietary
specifications (as defined in §1-105) because maximizing competition is the goal within the
limited parameters of qualified sources.
(C) All Contractors must be properly licensed with the Contractors Licensing Board (refer to Ark.
Code Ann. §17-25-101 et seq.).
3-204 SPLIT PURCHASES
The Section shall not condone splitting of purchases to avoid these listed bidding procedures.
Notification shall be made to the State Office of Internal Audit or other appropriate office whenever
split purchases are determined to have been made.
3-205 CAPITAL IMPROVEMENTS FOR LEASED PREMISES (STATE AND NON-STATE
PROPERTY)
See §5-103 for agency contracting of improvements when the state is not the owner of the leased
premises.
3-300 BIDDING RULES
These bidding rules are applicable to all bids produced by DBA, a Design Professional, or a
Department for state projects. In those instances where a department has not contracted for the
administrative services of a Design Professional, the Department is responsible for performing all
administrative duties from project bidding through project closeout.
3-301 BIDDING PRE-REQUISITES
(A) Before a Department shall advertise for bids for construction, all requirements shall be met
pursuant to the General Accounting and Budgeting laws and other applicable laws.
Department officials (refer to §3-102) shall follow these bidding rules when processing bids.
(B) Certification of Project Amount: Departments are responsible for ensuring they have sufficient
appropriation and funding for the capital improvement project prior to the solicitation of bids.
The amount certified on the project general information sheet is the amount appropriated
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defined in Ark. Code Ann. § 22-9-203(h).
3-302 PLANS AND SPECIFICATIONS
(A) Departments, through their Design Professional, shall ensure an adequate number of plans
and specifications are made available to prospective bidders. One set of specifications and
half-sized drawings will be provided to the Section within three (3) days of the first
advertisement, or in the case of an emergency or sole source contract prior to the issuance to
bidders. Failure to do so may cause the delay or cancellation of the bid date. See §2-1603 for
plan disbursement requirements for the successful Contractor at the award of contract.
(B) All drawings and the project manuals shall be stamped, sealed, and signed by the appropriate
Design Professional. No drawing used for the construction project shall be allowed on the site
stamped or otherwise marked as “Not for Construction” or any other similar term. The
Contractor will maintain a set of “approved for construction” drawings on the job site at all
times.
3-303 ADVERTISING / PRE-BID CONFERENCE
(A) Once the plans and specifications have been given final approval by the Design Review
Section the capital improvement project shall be advertised pursuant to Ark. Code Ann. § 22-
9- 201 et seq. and § 19-4-1401 et seq. Proof of advertising shall be furnished to the Section
when the advertisement is not issued by DBA. The Department will be responsible for any
advertising costs.
(B) Pre-Bid Conference / General: While pre-bid conferences are recommended, they are not
mandatory unless so designated in the plans and specifications. Should a Department
determine that a pre-bid conference is to be conducted, it should be held at a time and place
after the last advertisement has been published. Design Professionals shall conduct the
meeting and inform all prospective bidders on the substantive elements regarding the project
requirements, special conditions, and any other unique bidding requirements. Contact the
Section for additional pre-bid conference requirements or information.
(C) Mandatory Pre-Bid Conference: Departments shall seek approval from the Section by
submitting justification as to the necessity of a mandatory pre-bid conference. Only those
unique or special conditions shall warrant approval. Conditions which can be readily
explained in the project manual, plans or specifications, or all, shall not be sufficient
justification for approval. Design Professionals shall conduct the meeting and inform all
prospective bidders on the substantive elements regarding the project requirements, special
conditions, and any other unique bidding requirements. Design Professionals shall be
responsible for establishing the official beginning of the meeting pursuant to the time stated
in the bid documents. Failure to attend by the established official time and remaining until
Design Professionals terminates the conference shall be grounds for bid rejection due to
unresponsiveness for failure to attend the meeting in its entirety. However, should the
mandatory conference fail to include for discussion the unique or special conditions approved
for the mandatory pre bid conference, then no bidders shall be rejected for failing to attend
and the project shall be advertised for at least one (1) additional time and shall provide for a
time and place for an additional pre-bid conference which shall not be mandatory.
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3-304 BID ANNOUNCEMENTS
Bid announcements and bid results are posted to the DBA website. Any interested bidder may
sign up (free of charge) for email bid announcements by going to the DBA website.
3-305 BID DATE AND LOCATION
Bid openings will be approved by the Section, only after receipt of the approval to bid letter from
the Design Review Section. Bid openings are to be held on the premises of DBA unless other
locations are approved by the Section.
3-306 SEALED BIDS
(A) All bids shall be submitted in a sealed envelope. Bidders shall comply with Ark. Code Ann. §
22-9-204 and the bid documents with respect to the listing of subcontractors. Every envelope
should indicate the name of the bidder, project, project number, and the date and time of
opening. Bidders utilizing a shipping courier (such as FedEx, UPS, DHL, etc.) should enclose
the bid in an inner envelope with the above stated information listed. Upon receipt by the
Section, or an approved alternate site, each bid shall be date and time stamped and held in a
secure place until the bid opening. No bid may be surrendered to any person after it has been
submitted except upon written request and authorization from that bidder. (Refer to
Withdrawal of Bids, §3-323).
(B) All capital improvement bids shall include all costs such as sales tax, use tax, permits, and
insurance. The Contractor is responsible for determining these costs as part of its bid or any
subsequent change order (if successful). Contractor’s failure to determine these amounts
correct shall not be used as justification to increase the contract amount or change order.
There are no provisions for a Contractor to avoid taxes by using the tax-exempt number of
any Department.
3-307 AUTHORITY FOR OPENING BIDS
DBA is responsible for the supervision of opening bids unless the Section has determined special
justification exists, such as a critical emergency, allowing a Department to open bids under §3-102.
The person authorized to read the bids shall first review the bid documents to determine if the bid is
responsive. Items determining responsiveness include but are not limited to: Bid Form is complete,
applicable bid security in the correct amount, and if a bid bond is utilized as bid security, the agent’s
power of attorney as his authority shall be enclosed, bid amount (numerically shown), proper
signatures, addenda acknowledgement, and applicable subcontractors are listed. Contractors
submitting a bid must be licensed in accordance with the Contractors Licensing Board. If all
documents appear to be properly submitted and executed, the official may proceed to read the bid.
If any statutory formality is omitted, the bid should be declared non-responsive and remain unread.
Formalities other than statutory may be waived.
3-308 BID OPENING AND RECORDING
(A) Bids shall be opened and read by a representative of the Section, at the designated time and
place. Representatives of the Department are recommended to be present at the bid opening.
The Section representative is responsible for establishing the official expiration of time. In
those instances where this is not practical or possible for the representative to attend the bid
opening, the Section, may delegate this authority to a representative of the Department. See
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§§3-305 thru 3-307.
(B) Bids may be opened in any order, but if listed on a prepared tabulation, they should be
opened in such order. The review of licensure and bid security are the responsibility of the
Section or the Department official depending upon which entity is conducting the bid opening
(see §3-102). The bid tabulation form must be sent to the Section within two (2) working days
of the bid opening. Refer to §3-309 for Bid Tabulations.
(C) After the bids are opened and reviewed, the Section will send a letter to the Department with
the results of the bid opening along with the apparent low bidder’s submission. The
Department must complete and return the Owner’s Determination to Award form to the
Section designating one of the following:
(1) Bid Acceptance: The letter regarding the bid results must be completed and signed by
the Department. The Department shall return the original to the Section.
(2) Rejecting all Bids and Rebidding: If the Department wishes to reject all bids and rebid, it
shall provide justification to the Section. Requests for rebids which contain revisions to
the bid documents must be reviewed and approved by DBA before a new bid date will
be set.
(3) Negotiation. The Section must be contacted before any negotiation can occur. Unless
the project was bid and awarded under the historic site laws, emergency contracting
procedures, or the Alternative Delivery method, all negotiations shall be made pursuant
to Ark. Code Ann. § 22-9-203 and requirements under the minimum standards and
criteria unless exempted by law.
(4) Bid or Award Cancellation: Departments shall provide written justification to the Section
for cancellations of a bid opening or award of contract.
3-309 BID TABULATION
If bids are opened by the Department, all tabulations must be sent (faxed, mailed, or electronic
mail) to the Section within two (2) working days of the bid opening. Bid tabulations must contain
the following information which includes but is not limited to: the date and time of the bid opening;
the project number; the amount of the bid; the contractor names, whether a bid security was
included along with the bid security amount, and the listing of any applicable subcontractors. The
Section will determine the responsiveness of all submitted bids. Determination of the lowest
responsible bidder is the responsibility of the Department. The Section will complete the official bid
tabulation upon the determination.
3-310 SCRIVENER ERRORS
Rejection of a bid due to scrivener error may be made pursuant to Ark. Code Ann. § 19-4-1405. The
criteria under this law must be met before a bidder may receive relief including, but not limited to,
serving written notice to the DBA Director any time after the bid opening, but no later than seventy-
two (72) hours after receiving the intent to award, excluding Saturdays, Sundays, and Holidays.
3-311 CONTRACTOR’S LICENSE
Pursuant to Ark. Code Ann. § 17-25-101 et seq., for all state capital improvement projects, including
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residential projects, each contractor, including commercial, residential, and residential remodeler, is
required to be properly licensed with the Contractors Licensing Board and should indicate on the
bid form the current license number as issued by the applicable licensing entity. The Section is
responsible for licensure verification, as well as the Department official performing the bid opening
pursuant to §3-102. Nothing in this section shall be construed to limit the authority of Ark. Code
Ann. § 17-25-315.
3-312 BID SECURITY
(A) All bids received shall be accompanied by a bid security for all bids exceeding fifty thousand
dollars ($50,000). Acknowledgement of the bid security shall be made verbally. The official
reading of the bids shall indicate the bid security amount and the form of security as either a
cashier's check or a bid bond. The official shall review and verify the bid security including,
without limitation, an approved surety listed on the current United States Department of
Treasury’s Listings of Approved Sureties, applicable agent licensure, and power of attorney.
Ark. Code Ann. §§ 19-4-1405, 22-9-203, and 22-9-401 et seq. govern bid securities for capital
improvements.
(B) Failure to execute a contract, including all required documentation (see §3-201), within the
time specified in the bid documents following the issuance of the Intent to Award shall be just
cause for the cancellation of the award and forfeiture of the bid security. Any forfeiture shall
become the property of the Department, not as a penalty but in liquidated damages sustained.
Award may then be made to the next lowest responsible bidder, or the work may be rebid and
constructed under contract or otherwise as the State determines. The responsible low bidder
who fails to execute the contract will not be considered for an award of contract on any
subsequent bid of that project.
3-313 SUBCONTRACTOR’S BIDS
The listing of subcontractors on the form of proposal shall be made pursuant to Ark. Code Ann.
§ 22-9-204 and the bid documents. The designated official as stated in §3-308 shall verify the
licenses of the applicable subcontractors listed.
3-314 ALTERNATES
State projects under DBA jurisdiction shall not include the use of deductive or additive alternates.
3-315 CONTRACT AWARD
(A) Once the bid results are determined and the Department has requested to enter into a
contract, an intent to award a contract shall be prepared by the entity who has contract
administration duties. A contract will not be issued until a performance and payment bond is
received in accordance with Ark. Code Ann. § 18-44-501 et seq. and § 22-9-401 et seq. and
other applicable documents are properly executed and received.
(B) Contracts shall be awarded pursuant to all applicable laws including Ark. Code Ann. § 22-9-
201 et seq., and § 19-4-1401 et seq. No capital improvement contract shall be awarded to
other than the lowest responsible bidder.
(C) The Section shall retain the original of the contract. Copies of the Contract, the performance
and payment bond, certificates of insurance, disclosure and certification statements will be
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forwarded to the Department project coordinator upon DBA approval for disbursement. Upon
approval the Design Professional may issue the Notice to Proceed to the Contractor. The
Section shall receive a copy of the notice.
(D) The State reserves the right to rescind the award of any contract at any time before the
execution of the contract by the parties and approval of DBA without any liability against the
State.
3-316 DAVIS-BACON ACT (Federal Funds)
(A) The Davis-Bacon Act, pursuant to 40 U.S.C. 276(a) et seq., grants to the Secretary of Labor
the power to determine wage rates paid to laborers and mechanics of contractors and
subcontractors engaged in any construction activities supported by federal funds. The Davis-
Bacon and related acts provide prevailing wage protection to workers on federal funded
construction projects. These laws require the payment of locally prevailing wage rates and
fringe benefits to employees of contractors or subcontractor performing work on federally
financed or assisted construction projects valued at more than two thousand dollars ($2,000).
Under the provision of the Act, the Contractor or their subcontractors are to pay workers
employed directly upon the site of the work no less than the locally prevailing wages and
fringe benefits paid on projects of a similar character. The Davis-Bacon Act directs the
Secretary of Labor to determine such local prevailing wage rates.
(B) Departments are responsible for providing specific federal regulations, guidelines and
procedures as directed by their Federal Grantor or funding source to the Design Professional
or any party that will publish work requiring the expenditures of Federal funds.
(C) The advertisement of the notice for such projects and the invitations for bids shall state that
federal funds are being used and that Davis-Bacon Wage Rates will apply.
3-317 [INTENTIONALLY LEFT BLANK]
3-318 CONTRACTOR’S INSURANCE REQUIREMENTS
(A) Dollar amounts and types of coverage limits for all insurance policies shall be set by the
Department. Deviations from the types of insurance and amounts set less than what is stated
below, shall be documented by the department and maintained in the Section project file.
Before a Department enters into a contract for the construction or alteration of facilities or
repairs to existing building, grounds or facilities, it shall ensure that the Contractor has
complied by showing proof with the following insurance requirements have been met:
(B) The Contractor shall purchase and maintain such insurance as will protect him from claims set
forth which may arise out of or result from the Contractor's operations under the Contract,
whether such operations be by himself or by anyone directly or indirectly employed by any of
them, or by anyone for whose acts may be liable.
(C) Builder’s Risk Insurance: The Contractor shall procure and maintain during the term of
contract Builder's Risk Insurance or Installation Floater Insurance, and any extended
coverage which shall cover damage for capital improvement projects. Perils to be insured are
fire, lightning, vandalism, malicious mischief, explosion, riot and civil commotion, smoke,
sprinkler leakage, water damage, windstorm, hail, and property theft on the insurable portion
of the Project on a 100% completed value basis against damage to the equipment, structures,
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or material. Exception: Contract documents which do not require coverage based upon
inapplicable coverage (such as civil engineer projects, demolition, or abatement work).
(D) GENERAL REQUIREMENTS: While it is not a requirement, it is recommended departments
accept policies issued by an insurer which has a claims paying ability rating of not less than
“B+” or better as to claims paying ability by A.M. Best or not less than “A” by Standard and
Poors rating service, or has an equivalent rating as established by one other nationally
recognized statistical rating organization satisfactory to Department. All policies shall contain
a waiver of subrogation against the Owner, Owner’s lenders (“Lender”) and any designate
agent of the representative of Owner (Owner’s Agent”).
(E) CANCELLATION/NOTIFICATION PROVISIONS: Each insurance policy shall contain a clause
providing that it shall not be canceled by the insurance company without written notice to the
Owner of intention to cancel that is in accordance with Ark. Code Ann. § 23-66-206.
(F) PROOF OF INSURANCE: DBA approval of contract shall be conditional upon the Contractor
providing proof of insurance to the Owner. The Contractor shall be financially responsible for
all deductibles or self-insured retentions.
(G) EQUIPMENT AND MATERIALS: The Contractor shall be responsible for any loss, damage, or
destruction of its own property or that of any subcontractor’s equipment and materials used in
conjunction with the work.
(H) SUBCONTRACTORS: The Contractor shall require all subcontractors to provide and maintain
general liability, automobile, and workers’ compensation insurance coverage substantially
similar to those required of the Contractor. The Contractor shall require certificates of
insurance from all subcontractors as evidence of coverage. Contractor will be the responsible
party for all claims by subcontractors if subcontractor fails to have appropriate insurance.
(I) CONTRACTOR’S INSURANCE REQUIREMENTS
(1) Commercial General Liability: The Contractor shall, at Contractor’s expense, obtain and
keep in effect during the term of the contract, Commercial General Liability insurance
covering bodily injury and property damage containing minimum limits of one million
dollars ($1,000,000) written on a per occurrence form with a two million dollars
($2,000,000) aggregate limit. This insurance shall include personal injury coverage with
employment exclusion deleted, and contractual liability. Such coverage shall include
products and completed operations and shall not be excluded under the commercial
general liability insurance. Nothing shall prohibit a Department from requiring increased
amounts than stated herein.
(2) Umbrella Liability: The Contractor shall be required to furnish and keep in effect during
the term of the contract, umbrella liability coverage which provides excess limits over
the primary coverages. Departments must refer to the recommendation of the Risk
Management Division of the Arkansas Insurance Department on the minimum amount
of coverage.
(3) Automobile Liability: The Contractor shall obtain, at Contractor’s expense and keep in
effect during the term of the contract, automobile liability insurance including hired and
non-owned coverage in minimum amounts of one million dollars ($1,000,000) per
occurrence.
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(4) Workers’ Compensation and Employers’ Liability: The Contractor, its subcontractors,
and all employees providing work, labor, or materials used in connection with this work.
(5) Contractor’s Equipment
(a) The Contractor shall be responsible for any loss, damage, or destruction of its
own property or that of any subcontractor’s equipment and materials used in
connection with this work.
(b) Contractor shall purchase, at the Contractor’s sole cost and expense, insurance
necessary to cover contractor’s owned property.
(c) Contractor shall provide waiver of subrogation to Owner.
(d) Pollution Liability: If requested by Owner at any time, Contractor shall, at
Contractor’s sole cost and expense, obtain and maintain for the term of the
contract, Pollution Liability Insurance covering losses caused by pollution
conditions resulting from performance of the Contract. This requirement also
applies to any consultant or subcontractor engaged by Contractor or performing
construction, geotechnical, well drilling, abatement activities, or contractor
services.
(e) Pollution Liability Insurance shall cover Owner costs and liabilities attributable to
bodily injury; property damage, including loss of use of damaged property or of
property that has not been physically injured; clean-up cost; and defenses,
including costs and expenses (including attorney’s fees) incurred in the
investigation, defense, or settlement of claims. Contractor shall maintain such
insurance in an amount of at least two million dollars ($2,000,000) per loss with an
annual aggregate of at least five million dollars ($5,000,000). Nothing shall
prohibit Departments from increasing this insurance limit.
(f) If coverage is written on a claims-made basis, Contractor represents that any
retroactive dates applicable to coverage under the policy precedes the effective
date of the letter; and that continuous coverage will be maintained, or an extended
discovery period will be exercised for a period of three (3) years or as required by
law beginning from the time that services under the contract are completed.
(g) If the scope of work as defined in this Contract includes the disposal of any
hazardous or non-hazardous materials from the Projects site, the Contractor must
furnish the Owner with evidence of Pollution Liability insurance maintained by the
disposal site operator for losses arising from the insured facility accepting waste
under this Contract. Such coverage must be maintained in amounts conforming to
applicable laws, rules, and regulations.
(h) Remediation: A Remediation Contractor shall provide liability insurance for the
removal or remediation of asbestos, including the transportation and disposals of
asbestos waste materials, from the Project site. Limits of insurance shall be not
less than those required under the Commercial General Liability policy.
Depending on the nature and amount of asbestos to be removed/abated, Owner
may request higher limits than those required by the Commercial General Liability
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policy.
(i) Additional Requirements: All policies shall be provided by insurers qualified to
write the respective insurance in the State of Arkansas, be in such form and
include such provision as are generally considered standard provisions for the
type of insurance involved.
3-319 ACKNOWLEDGEMENT OF ADDENDA
(A) Every effort should be exerted to eliminate bid addenda. If addenda are necessary, they
should be issued as soon as possible, but no later than twenty-four (24) hours before
receiving bids.
(B) Upon approval by the Section, an addendum which only sets a later bid date, may be issued
any time before time has been called for the opening of bids.
(C) In the event an addendum requires changes in the scope of the project, an appropriate
extension of the bidding period should be granted. Changes in the scope of the work or
specifications shall require review and approval by the Design Review Section.
(D) Design Professionals are responsible for the issuance of any addenda and related
documentation. Issuance shall be by fax, hand delivered, electronic notification, or picked up
by potential bidders who received plans and specifications from the official plan distribution
entity.
(E) No addenda shall be issued without the prior approval of the Section.
(F) Any addenda must be acknowledged on the bid form and the acknowledgment shall be stated
during the reading of the bids.
(G) Failure by the bidder to acknowledge all addenda shall be considered a non-responsive bid.
(H) While failure to acknowledge all addenda renders a bid non-responsive, failure to
acknowledge addenda which only sets a later bid date or time, or both, shall not be deemed to
be non-responsive.
(I) Bidders are responsible for verifying whether any addenda were issued prior to submitting a
bid.
3-320 CONTRACT TIME
The period of time allocated for the substantial completion of the work shall be stated as a calendar
date or as a specific number of calendar days. The Department, with input from the Design
Professional, shall decide on the liquidated damages for failure to meet the substantial completion
deadline. The liquidated damages shall be included in the project specifications. Refer to §3-403.
3-321 LATE BIDS
All bids received shall be recorded by date and time on the sealed bid envelope. The recorded date
and time shall be determinative regarding issues of lateness. Bids received at the office designated
in the invitation to bid, but after the time has been called for receipt, will not be considered, unless it
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is determined that the late receipt was due solely to mishandling by the State after receipt at the
State office designated in the invitation.
3-322 MODIFICATIONS OF BIDS
Bidders may submit written modifications to their bid at any time prior to the exact time set for
receipt of bids. Modifications may be made on the bidder’s envelope. No modifications made shall
show the base bid amount. The bidder must sign any bid modification.
3-323 WITHDRAWAL OF BIDS
Withdrawal of bids is authorized by fax to the Section, but only if the withdrawal is made prior to the
exact time set for receipt of bids. A bid may also be withdrawn in person by a bidder, or bidder
representative, provided the bidder’s identity is made known and a receipt for the bid is signed by
the bidder or bidder representative, but only if the withdrawal is made prior to the exact time set for
receipt of bids.
3-324 QUALIFICATIONS OF CONTRACTORS
(A) Pre-Bid: Pursuant to Ark. Code Ann. § 22-9-105, contractors who have an existing contract
shall not bid on additional state capital improvement contracts with state department if the
state department determines that the Contractor has one (1) or more material issues in an
existing contract and has provided written notification of their determination to the Contractor.
Material issues include, but are not limited to:
(1) Having one (1) or more projects in which:
(a) The commencement of the project is delayed thirty (30) or more calendar days
beyond the department’s notice to proceed and the delay is due to the
Contractor’s acts or omissions;
(b) The completion of the project is delayed ten percent (10%) or sixty (60) calendar
days beyond the completion date, whichever is less, and the delay is due to the
Contractor’s acts or omissions;
(c) The Contractor has falsified or destroyed documents relating to the contract
including without limitation, falsification of invoices, making false representations
to state department officials or making false statements about any payment(s);
(d) The Contractor has failed to replace inferior or defective work or materials after
notification by the state department to which such services or materials have been
provided or delivered;
(e) The Contractor has failed to make appropriate and timely payments to their
subcontractor;
(f) The department has provided formal notice to the Surety to take action on a
project;
(g) The Contractor has failed to meet the completion date for the project which has
caused material harm, whether financial or operational, to the department when
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the delay is due to the Contractor’s acts or omissions;
(h) The Contractor fails to adequately complete the project punch list within one
hundred and twenty (120) calendar days from substantial completion and the
delay is due to the Contractor’s acts or omissions; or
(i) The Contractor fails to respond to warranty issues or latent defects within ten (10)
calendar days after being notified by the department in writing.
(2) Appeals of material issues determinations by state departments shall be made to the
Office of State Procurement (OSP) Director or his or her designee.
(a) Substantive Requirements. An appeal must set forth facts showing that the
appellant is a firm that has an existing state contract with a state department and
the factual basis for appealing the material issues determination by the state
department.
(b) Formal Requirements. An appeal must be submitted in writing to the OSP
Director. To expedite handling of appeals, if delivered by mail, the envelope
containing an appeal should be clearly labeled “Appeal of Material Issues
Determination.” Appeals delivered by email should be identified as an Appeal of
Material Issues Determination in the subject line and marked as important. An
appeal shall include as a minimum the following: (1) The name and address of the
appellant (or the appellant’s attorney); (2) appropriate identification of the contract
by reference to its number, if a number has been assigned; and (3) unless good
cause is shown for its absence, a copy of any documents or supporting evidence
upon which the appeal is based, attached to or enclosed with the appeal as an
exhibit. Where such documents or supporting evidence substantiating any claims
made in an appeal are believed or known to exist but are not available with
reasonable diligence to include as an exhibit within the time for submitting a
protest, the anticipated documents must be described in the protest to explain
how they are expected to support the appeal and when the appellant reasonably
anticipates they will be available, if ever. Failure to provide such supporting
exhibits without good cause or within a reasonable time may result in the appeal
being denied.
(c) Timeliness. To be timely, an appeal must be submitted in writing to the OSP
Director within fourteen (14) calendar days after the written determination was
delivered to the Contractor pursuant to subsection (3) below.
(d) Burden of Supporting an Appeal and Supplying Requested Information. A
Contractor submitting an appeal has the burden of stating facts showing that the
appellant has a factual basis for the appeal. In determining an appeal, the OSP
Director may, but has no duty to, request an appellant or other interested party to
submit documentation or information relevant to the appeal. Failure of any person
to comply expeditiously with a request for documents or information by the OSP
Director when determining an appeal may result in the appeal being determined
without consideration of the requested information. Delivery of requested
documents or information after three business days from the request is generally
not considered expeditious, but the OSP Director may allow additional time for
good cause.
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(e) Claims of damages or questions of law. When an appeal claims damages or
questions of law, the Contractor should submit a claim through the Arkansas
Claims Commission. The Commission regulates the procedure by which such
claims are submitted and determined.
(f) Decisions. The decision of the OSP Director regarding an appeal under this rule is
final and conclusive. Decisions shall be issued by the OSP Director in writing,
state the reasons for the decision, and be mailed or otherwise furnished to the
appellant and interested parties.
(3) The state departments under the jurisdiction of the Division of Building Authority (DBA)
shall promptly notify and provide their written determination to the Contractor and
provide a written copy to the Section Administrator. State departments shall provide
written notification to DBA if an appeal in subsection (2) above is not timely filed or if
the appeal is overruled in favor of the Contractor. Upon receipt of this notification, the
Section shall place the name of the prohibited bidder on the DBA website. The
prohibition shall not be for a period of more than three (3) years and shall remain
effective until the state department’s written notification to DBA that the material
issue(s) affecting the existing contract is no longer a concern for the state department
or the contract has been terminated or closed out, whichever is sooner.
(4) Institutions of higher education shall promptly notify and provide a written determination
to the Contractor and copy the Department of Education, Division of Higher Education
(ADHE). Institutions of higher education shall provide written notification to the ADHE if
an appeal in subsection (2) above is not timely filed or if the appeal is overruled in favor
of the Contractor. Upon receipt of this notification, the ADHE shall place the name of
the prohibited bidder on its website. The prohibition shall not be for a period of more
than three (3) years and shall remain effective until the institution of higher education’s
written notification to the that the material issue(s) affecting the existing contract is no
longer a concern for the institution of higher education or the contract has been
terminated or closed out, whichever is sooner.
(B) Post-Bid: Contract awards should be made to the lowest responsible bidder. Breaches of
responsibility may include without limitation:
(1) Conviction for of a criminal offense in connection with obtaining or attempting to obtain
a public or private contract or subcontract, or in the performance of such contract or
subcontract;
(2) Conviction under federal or state law of embezzlement, theft, forgery, bribery,
falsification or destruction of records, receiving stolen property, or any other offense
indicating a lack of business integrity;
(3) Conviction under federal or state antitrust;
(4) Violation of contract provisions, as set forth below:
(a) Failure to perform in accordance with the specifications or within the time limit
provided in the state capital improvement contract; or
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(b) Failure to perform or unsatisfactory performance in accordance with the terms of
one or more contracts;
(5) Failure to post bid or performance bonds as required by laws or rules;
(6) Substitution of work or materials without the prior written approval of the Department
and the Design Professional; however, these approvals shall not in any manner
diminish the Section’s approval of change orders;
(7) Failure to replace inferior or defective work or materials after notification by the
Department or the Section to which such services or materials has been provided or
delivered;
(8) Refusal to accept a contract awarded pursuant to the terms and conditions of the
contractor's bid;
(9) Falsifying invoices, or making false representations to any Department or State official,
or untrue statements about any payment under a contract or to procure award of a
contract, or to induce a modification in the price or the terms of a contract to the
contractor's advantage;
(10) Collusion or collaboration with another contractor or contractors in the submission of a
bid or bids that results in, or could result in lessening or reducing competition for a bid;
(11) Falsifying information in the submission of any document in any process related to the
capital improvement project;
(12) Failure to make appropriate and timely payments to their subcontractors; or
(13) Any other act or omission the Department determines to demonstrate that the
Contractor cannot act in a responsible manner, including but is not limited to
suspension or debarment by any other governmental entity for any cause, which may
include but not limited to Contractors who are suspended or debarred by the Arkansas
Department of Labor or deemed unqualified by the Contractor’s Licensing Board.
3-325 OBLIGATIONS OF BIDDERS
Each bidder will be presumed to have read and be thoroughly familiar with the plans and contract
documents, including all addenda. Failure to do so is solely at the bidder’s risk. The failure or
omission of any bidder to examine any form, instrument, or document shall in no way relieve the
bidder from any obligation in respect to the bid. Capital improvement projects are not tax exempt.
Failure of the successful bidder to determine the applicable taxes shall not be justification to
increase the contract amount. See also §3-306(B).
3-326 ADDITIONS TO OR DELETION FROM THE DOCUMENTS
All deletions, changes, additions, or alterations of the bid documents will be acknowledged and
read aloud. If such modifications are not waived, the bid shall be declared non-responsive and
rejected. Corrections or change of figures must be noted.
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3-327 ANNOUNCING LOW BIDDER
Until such time as the bids have been reviewed and certified, any announcement or reference to
the low bidder will use the phrase, "apparent low bidder." Contract awards should not be made on
the day of bid opening except in special cases and approved by the Section.
3-328 PROTESTS
Any actual or prospective bidder who is aggrieved in connection with the project documents or
award of a capital improvement contract has the right to protest to the Construction Section
Administrator or the Department that opened and read the bid pursuant to §3-102. The protest shall
be submitted in writing within five (5) business days after the bid opening. In the event a bidder is
declared non-responsive or rejected after the five (5) day period, the bidder shall have three (3)
business days from the declaration to submit a protest. All protests shall identify the project by bid
number or with sufficient detail to identify the project, and shall, with specificity, set forth the
allegations of the acts or omissions related to the protest. Since time is of the essence in award of
all capital improvement contracts, protests and their resolution shall be resolved promptly. DBA
shall be informed of protests to Department Officials and of their response. Subcontractors or
suppliers are not considered bidders under this subsection. Only official representatives of the
actual or prospective bidder may submit a protest. This section shall not be construed as a waiver
of the State’s right to reject any or all bids and to waive any formalities.
Any and all protests regarding the Department determination of the lowest responsible bidder shall
be made to the Agency with a copy to DBA in the timeframe stated above and in accordance with
§3-329. Protests involving prohibited bidders shall be made pursuant to §3-324.
3-329 RESOLUTION OF PROTEST
The Construction Section Administrator and the Department official (performing the bid opening), or
a designee, shall have authority to settle or resolve a protest of an aggrieved actual or prospective
bidder, concerning the project bid documents, solicitation, or award of a contract.
3-330 UNSUCCESSFUL BID
In the event no responsive bids are received or the bidders are deemed not responsible, and it is
determined by the Section that further solicitation of bids would be futile, the contract may be
awarded to any available qualified contractor only after obtaining the approval of the Construction
Section Administrator or designee.
3-400 CONTRACT ADMINISTRATION
This section is applicable to all department capital improvement projects regardless of whether a
design professional has contract administration duties or not.
3-401 CONSTRUCTION OBSERVATIONS
(A) The Section has the responsibility of periodic construction observations on all projects unless
exempted. If the Department has capital improvement project issues which need to be
addressed involving the Contractor or the project, the Department should immediately notify
the Section. Pre-construction meetings should include DBA personnel. Notification of pre-
construction meetings shall be provided to the Section five (5) calendar days prior to the
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meeting.
(B) When the project is presumed to be complete, the Section shall be notified by the Design
Professional so that the certification of final completion may be signed by the parties,
including DBA. Notification shall be provided to the Section five (5) calendar days prior to the
certification of final completion. Final pay requests and release of retainage will not be
approved by the Section until all close out procedures have been completed. See §3-500
through §3-504.
3-402 INVOICE/PAY REQUEST
(A) All invoices and pay requests shall be submitted to the Department and processed in
accordance with Ark. Code Ann. §§ 22-9-201 et seq. and 19-4-1401 et seq.
If the invoice or pay request is for partial pay, then the amount of retainage pursuant to Ark.
Code Ann. § 22-9-601 et seq. shall be withheld and shown on the invoice or pay request. No
amount of the retainage shall be released until the conditions under the law are met. If the
invoice or pay request is for full payment, no retainage is withheld.
(B) The following shall accompany any partial releases of retainage for phased work as well as
the final pay request:
(1) An affidavit from the Contractor stating that other than those noted written exceptions,
no existing debts are owed and that all payments due to subcontractors or suppliers
have been made regarding the capital improvement project. The Contractor shall
submit a copy with the final invoice or pay request to the Department. The Agency
shall then submit a copy to the Section.
(2) Approval of the surety company for final payment to the Contractor shall not relieve the
surety company of any of its obligations.
(3) Retainage release pay request package prepared by the appropriate entity and
submitted to the Section, including:
(a) Final invoice or pay request indicating retainage release executed by the
Contractor, Design Professional and Department;
(b) One (1) copy of the Certificate of Substantial Completion or approved phased
substantial completion;
(c) Letter from Design Professional verifying that all punch list items have been
completed by the Contractor, and approving the following, if applicable:
(i) Commencement date of the Contractor’s warranty period shall become
effective on the date of substantial completion and shall not be less than one
year;
(ii) Roof(s) warranty(s) Installer’s warranty and the manufacturer’s warranty, if
specified;
(iii) Termite Inspection Certificate;
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(iv) Operational and Maintenance Manuals;
(v) Certificate of Air Balance; and
(vi) As built markup prints and shop drawings provided by the Contractor for use
by the Design Professional in the preparation of record drawings. (Not
required for phased completions).
(4) Certification of Final Completion: Certification of final completion will occur when the
Contractor, Design Professional, Owner, and DBA have signed and certified the
project meets final completion which includes all phases of the work, closeout
documentation has been provided, and punch list items are complete. A meeting with
representatives from the parties above shall occur on site prior to any project final
certification (not required for phased or intermittent completions which do not require
release of retainage).
3-403 LIQUIDATED DAMAGES
Any liquidated damages owed by the Contractor to the Department for delay in project completion
will be calculated by multiplying the “amount per day” of liquidated damages specified in the
contract documents by the number of days which occur between the contract completion date (as
amended by applicable change orders) and the date of issue of the certificate of substantial
completion. Deductions for liquidated damages may be deducted from the final pay request. Prior to
final payment approval and retainage release, the Department shall provide to the Section written
documentation and justification regarding any assessment of liquidated damages. The final
payment will be reflective of such actions. The Department, with input from the Design Professional,
shall decide on the amount of liquidated damages and the amount of such damages to be included
in the project specifications.
3-404 DESIGN PROFESSIONAL CONTRACT ADMINISTRATION RESPONSIBILITIES
(A) After the Design Professional has received written approval from DBA that the project has
been approved for bid, the Section, shall set a bid opening date, time, and place prior to
advertising for bids. Department officials, pursuant to §3-102, shall coordinate bid dates with
the Section. Bids shall be solicited for the project in accordance with Arkansas laws and rules
(Refer to §3-200(B)).
(B) One (1) copy of half size plans and specifications shall be provided to the Section within three
(3) business days after the first advertisement or plan/specification disbursement. Failure to
do so may cause a delay or cancellation of the bid opening. Any addenda to the plans and
specifications must be reviewed and approved by the Section prior to issuance. Design
Professionals shall submit addenda requiring a change in the scope of work in sufficient time
to allow for appropriate DBA review and comment.
(C) If the bid plans and specifications have been modified during negotiations (after the bid
opening but prior to the award of contract), then one (1) set of the modified plans and
specifications shall be furnished to the Design Review Section for review and approval. Upon
approval, a set of the final construction documents issued shall be provided to the Section.
Additionally, any modifications to the plans and specifications after the award of contract shall
be submitted to the Design Review Section for review and approval. Upon approval, a set of
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plans and specifications shall be furnished to the Section.
(D) Detailed instructions for Design Professionals can be found in §2-100 et seq. The Section will
not approve bid opening time, place, or date without final plan review and approval from the
Design Review Section. Observation reports shall be submitted by the Design Professional
(Refer to §§2-201, 2-206, and 2-1605.) For payment of professional services, see §2-308.
(E) Design Professionals will complete all other contract administrative duties and responsibilities
as noted in these rules and all other standard services and responsibilities pursuant to their
professional services contract.
3-405 AWARD OF CONTRACT
(A) After the lowest responsible bidder has been determined, a letter of Intent to Award a contract
may be issued by the Design Professional. Once issued, a contract is to be submitted to the
Section for approval with one (1) complete set of contracted plans and specifications (see §3-
406). A Notice to Proceed shall not be issued nor shall any work commence unless the
contract has been approved by the Section.
(B) No capital improvement contract shall be awarded to other than the lowest responsible bidder.
If the apparent low bidder is not determined to be the lowest responsible bidder, Agencies
should contact the Section.
Refer also to § 3-315.
3-406 CONSTRUCTION CONTRACTS
(A) The Design Professional will prepare the construction contract and after execution by the
Contractor and Agency, the one (1) original along with the appropriate documents shall be
forwarded to the Section for review and approval. The following information shall be
submitted: bonds, insurance certificates, proof of advertising, if placed by the Department or
Design Professional, Executive Order 98-04 forms and any necessary approvals, Immigrant
Contract Disclosure form, and the Boycott Restriction Certification shall accompany the
contract. The Section will review and approve or disapprove all construction contracts. The
DBA contract number shall be used in pay requests, payments, correspondence, etc.,
pertaining to the contract.
(B) The Section will retain the original set of documents and an electronic copy will be forwarded
to the Department Project Coordinator for disbursement, to the Contractor, and the Design
Professional. The Design Professional shall issue a notice to proceed. Within ten (10)
business days after the notice to proceed, the Contractor shall submit a complete breakdown
of the project cost (schedule of values) and project schedule to the Design Professional who
shall provide a copy to the Department and the Section. No payment shall be made to the
Contractor until the breakdown of project costs and project schedule are provided. The
Contractor shall deliver to the Owner and the Section a copy of the required disclosure forms
along with a statement of the listed subcontractor’s contract amounts, subcontractors required
disclosure forms.
(C) The DBA construction project file shall contain copies of bonds, contracts, certified bid
tabulation, insurance certificates, Design Professional agreements, proof of advertising,
change orders, observation reports, processing of final payment requests and the applicable
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disclosure forms and documents. Documentation reflecting justification and approval shall
also be contained in the project file if the contract was made pursuant to historic preservation,
alternative delivery, sole source, or emergency procedures.
(D) Refer also to §§3-315 and 3-503. Refer to §3-408 for information regarding contract change
orders.
3-407 PRE-CONSTRUCTION CONFERENCES
A member of the Section may be available for pre-construction conferences. All notices of
conferences specifying the time, date, and location shall be delivered to DBA no later than five (5)
working days before the scheduled conference date. Conferences shall be conducted at a location
convenient to the site (Department decision) with all parties (DBA, Department project coordinator,
Contractor, and Design Professional) involved. All information significant to the project should be
made available for discussion such as subcontractors, applications for payments, payment
procedures, change order process, construction time schedule, project superintendent(s), and
safety procedures. The Design Professional shall provide the minutes of these proceedings to the
parties involved. The Design Professional shall deliver a copy of the minutes, including the sign in
sheet, to the Section within five (5) business days of the meeting.
3-408 CHANGE ORDERS
(A) A change order is an amendment to the original contract that may include, but is not limited to,
changes in the dollar value of the contract or the time for completion. Change Orders shall be
submitted for approval to the Section after an agreement regarding the change is reached by
the Department, Design Professional, and the Contractor. A Change Order is not effective
until approved by the Section. Emergency change orders may be effective by following the
same rules as emergency contracts. The distribution of change orders will be the same as the
original contract.
(B) Along with the Change Order form, the Department or authorized representative must submit
documentation outlining all changes including the work to be accomplished or deleted, any
revisions to the contract time, and the exact dollar amount. In addition to the Section’s review
and approval of the change order, the Design Review Section shall review and approve any
changes regarding the scope of the project within its jurisdiction. Submittals shall be in one (1)
original along with the appropriate supporting documentation.
(C) The Design Professional shall prepare the Change Order and coordinate execution by the
Contractor, the Department, and the Design Professional execute it. After the signatures have
been received, the Section will determine if the documentation is in order and approve the
Change Order accordingly and provide an electronic copy to the Department Project
Coordinator for disbursement, to the Contractor, and Design Professional. The Section shall
maintain the original Change Order. If proper documentation is not provided, the Change
Order will be returned to the sender.
(D) Change orders shall be approved by the Section before work is done unless prior approval by
the Section has been granted.
(E) The Section shall not be responsible for the review or approval of Change Orders on exempt
contracts (Refer to §3-101) unless the Change Order increases the total contract amount to
more than the exempt amount. If the exempt contract is increased to more than the exempt
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amount by a Change Order, the Department shall seek approval from the Section by
submitting the original contract or purchase order along with justification for the increase.
Under no circumstances shall an Agency abuse this process to subvert any law or rule
relating to capital improvements.
(F) All drawings pertaining to the work referenced within the Change Order shall be stamped,
sealed, and signed by the appropriate Design Professional prior to submission to DBA.
(G) The documentation for Change Orders shall include any applicable copies of all requests for
pricing from the Design Professional and responses from the Contractor and the
subcontractors. Pricing and supporting documentation must comply with the contract
documents.
3-500 PROJECT CLOSEOUT
(A) Substantial Completion: The Contractor shall notify all parties involved of the date upon which
he will be ready for substantial completion at least five (5) calendar days in advance. The
project Architect or Engineer, a representative of DBA, and the department will schedule and
perform the observation to verify if the construction meets substantial completion status. No
statement of substantial completion shall be effective without the Section’s approval. The
Department or Design Professional shall submit one (1) original and applicable documents to
the Section for review and approval. The Section will retain the original and an electronic copy
will be forwarded to the Department Project Coordinator, the Contractor, and Design
Professional.
(B) Upon completion of the punch list items, the Contractor may submit a request for final
payment. DBA shall be provided all necessary approvals including consent of surety, release
of claims, certificate of final completion, payment document for final payment from the
Contractor, and the Department’s request for final payment. Contractor shall furnish copies of
all maintenance manuals and warranty items to the design professional prior to the request for
final payment. See §3-402 for required documentation.
(C) Project Close Out Finals: The Contractor shall notify the Design Professional when they are
ready for a final review at least five (5) calendar days in advance, at which time the Design
Professional, with the Department and representatives of DBA, will conduct a final review
(walk through); and, if acceptable, accept the facility. All mechanical, HVACR, plumbing,
electrical, and other building systems shall be checked and inspected completely at the time
of final review prior to project final acceptance. The mechanical system should be balanced
once per each major seasonal change by the Contractor under the administration of the
Design Professional during the first-year warranty period per the project specifications. Written
instructions concerning seasonal adjustment should be issued to the Department/Owner for
use by the applicable Department building maintenance staff. The Design Professional shall
provide DBA with a letter stating that all systems have been inspected and deficiencies listed
have been corrected. Upon completion of the project, a certification of final completion shall
be signed by the Contractor, Design Professional, Department, and DBA.
(D) When the project has reached final completion, the Design Professional shall provide to the
Section and Department Representative a CD/DVD with the following information:
(1) Contractor as-built drawings combined into a complete and concise set of project
drawings;
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(2) Substantive correspondence relating to the project;
(3) Complete pay applications and design professional inspection reports and photos;
(4) Manuals/specification books;
(5) All Contractor warranty and equipment warranty documents;
(6) Inspection and permit documents issued by Federal or State entities with approvals
and/acceptance of Work;
(7) All record documents; and
(8) All equipment and system inspection and acceptance documents.
The CD/DVD shall be in a DBA approved readable format (MS-Word, MS-Excel, pdf, jpg, and
tif files are acceptable). Failure to provide the above items may cause delay in the Design
Professional’s final payment. The information must be organized within folders for easy
discovery. Upon request of the Design Professional, DBA will provide additional instructions
on the required formatting or placement of documents, or other requirements.
3-501 RECORD DRAWINGS
During the progress of the work, the Contractor shall keep an accurate record of all changes and
corrections from the layouts shown on the drawings. All changes must be accurately marked on a
set of prints during the progress of the job. Exact locations of all underground utility service
entrances and their connections to utility mains, as well as, all valves, etc., which will be concealed
in the finish work shall be accurately indicated on the drawings by measured distances. Depths and
horizontal distances shall be indicated. Upon completion of the work and prior to final payments, the
Contractor shall furnish to the Design Professional one (1) set of "record" reproducible prints, legibly
and accurately drawn to indicate all changes, additions, deletions, etc., from the contract drawings.
The Design Professional shall verify and add any additional information required before transmitting
these reproducible prints to the Department. On DBA owned property, the Design Review Section
shall receive the copy of the "record" drawings of reproducible prints or CD/DVD copies for record
keeping.
3-502 DELIVERY OF GUARANTEES, BONDS, MAINTENANCE MANUALS
Upon completion of the work and before final payment will be authorized, the Contractor shall
furnish the Design Professional, the Contractor's one-year acceptance warranty, bonds, roof
warranties, termite inspection, maintenance and operation manuals and operation training, air
balance data, shop drawings, catalog data, as-built "record" reproducible prints, and other
documents called for in the specifications, for review and approval prior to the transmission to the
Department.
3-503 COMPLETION CERTIFICATES, AFFIDAVITS
Before final payment, the Contractor shall furnish to the Design Professional one (1) executed copy
of the required documents which shall be attached to the Contractor’s request for final payment.
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3-504 DUTIES OF DESIGN PROFESSIONALS ON STATE PROJECTS
(A) The Design Professional shall maintain up-to-date files on each project which shall include
project plans and specifications, shop drawings, record drawings, and observations and
inspection reports. The Design Professional shall provide to DBA all applicable contracted
medium regarding the project prior to the final payment. All drawings are the property of the
Design Professional; however, the State retains the right to obtain copies of all drawings upon
request and payment of direct reproduction costs. Drawings produced for State projects shall
not be used or incorporated into any other projects unless permission to do so is provided in
writing from DBA and the Design Professional. Refer to §2-1605 for Design Professional
project observation requirements.
(B) Design Professionals shall be responsible for reviewing all closeout documents, manuals, and
warranty items for approval and compliance with the contract documents.
3-600 PAYMENT REQUESTS
(A) Requests for payments from capital improvement funds shall be made using a payment
document using the General Accounting Procedures pursuant to AASIS.
(B) Each payment document shall indicate the DBA project number and be supported by the
Design Professional's certification of the Contractor’s estimates. Estimates must be broken
down by units of work normally used to calculate the work accomplished during the invoicing
period.
(C) The Design Professional shall conduct site visits to determine the responsibility and
performance required by the Contract Documents. Refer to §2-1605 for Design Professional's
project observation requirements. Observations shall concur with the Contractor's payment
request and shall be submitted in written form with the pay request.
(D) Observation reports by Design Professionals are required once a month at a minimum. The
use of the standard A.I.A. Document G-711 "Architect Field Report" or other approved form is
acceptable. Reports are to be maintained on file by the Design Professional and shall be
provided to the Owner/Department and the Section monthly.
Minimal observation reports shall include, but are not limited to the following phases of
construction:
(1) Foundation;
(2) Roof deck;
(3) Roofing and Insulation;
(4) Mechanical Equipment Installation;
(5) Electrical Equipment Installation;
(6) Prior to installation of interior wall, backfilling trenches, laying concrete, and ceiling
finishes concealing the work (i.e. plumbing, electrical, HVACR) shall be observed; and
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(7) Plumbing equipment and fixtures installation.
(E) Contractor final pay requests must be approved by the Design Professional. Payment
requests shall be submitted by the Contractor in one (1) original.
3-601 PAYMENTS
(A) For contracts in which a payment and performance bond was issued, a copy of all payment
documents including labor and material costs shall be sent to the Department for approval
prior to any payment being released. Where a payment document is supported by two (2) or
more invoices, the Contractor shall provide documentation clearly evidencing the total to be
paid. Failure to provide documentation shall result in return of the payment document to the
Contractor.
(B) If pay estimates are not approved, the Contractor shall promptly be notified in writing of the
reasons for non-approval.
(C) Late payment penalties may be assessed pursuant to Ark. Code Ann. § 19-4-1411 and § 22-
9-205.
3-602 FINAL PAYMENTS
The following shall accompany the final payment document for contracts:
(A) Contractor’s invoice;
(B) Certificate of Final Completion;
(C) Contractor’s release of claims;
(D) Consent of surety;
(E) Department request for final payment; and
(F) The Design Professionals acceptance and certification letter.
3-603 DELAY IN PROCESSING PAYMENT DOCUMENTS
Any penalties for the delay in processing of payments may be processed in accordance with Ark.
Code Ann. § 19-4-1411 and § 22-9-205.
3-700 CAPITAL IMPROVEMENT ALTERNATIVE DELIVERY METHODS
Pursuant to Ark. Code Ann. § 19-4-1415, DBA, unless exempted by law, has authority to approve
and administer contracts (contractor, construction manager, architect, or engineer) for projects that
exceed five million dollars ($5,000,000), which are awarded through negotiations instead of a bid
process. This type of alternative delivery method of contract shall be referred to as “negotiated
work.”
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3-701 PROJECT CRITERIA
(A) Department may utilize “negotiated work” for projects when:
(1) A Project’s programming requires “Fast Tracking”;
(2) The traditional design-bid-build process is less fiscally advantageous than negotiated
work; or
(3) Negotiated work is more practical for the project needs.
(B) Prior to utilization of negotiated work, Departments shall make a written request and provide
justification to the DBA Director for the use of alternative methods pursuant to §3-701(A). The
DBA Director may approve the request after reviewing the documents submitted. The
Department shall cooperate with DBA if more information is requested. If approved by the
DBA Director, the Department shall then submit the project for review by the Arkansas
Legislative Council. No contract shall be awarded without the approval of DBA and Arkansas
Legislative Council review.
3-702 SELECTIONS AND CONTRACT AWARD PROCESS
(A) All selection processes involving the Design Professional, Contractor, or contract manager
shall be made in accordance with §3-700. See also §2-1700 for the Design Professional
selection process.
(B) The pre-selection committee shall consist of five (5) members. The DBA Director shall
determine the two (2) members from DBA and the Department Secretary shall determine the
three (3) members of the Department. Under no circumstances shall the agency pre-selection
or selection committee members consist of a supervisor (direct or indirect) of another member
on the selection committee. Additionally, supervisors shall not attend any pre-selection or
selection meetings.
(1) A request for proposals (RFP) shall be made in accordance with §3-700. The
Department shall prepare all RFPs. DBA shall approve the draft of the RFP prior to its
publication. RFPs for Contractor’s services shall have a statement if the federal
prevailing wage applies.
(2) The pre-selection team shall meet at a designated time and place to review the
proposals. No more than five (5) applicants shall be selected for interview. The
Department may interview less than five (5) applicants only if there are less than five
(5) responsive proposals. If less than five (5) responsive proposals are received, the
Department should interview all responsive applicants. The Department shall notify the
finalists within five (5) business days of the selection determination.
(C) The final selection committee shall consist of three (3) members of the Department as
determined by the Department Secretary. The Department shall notify DBA and the finalists of
the time and date the final selection interviews will be held. The Department shall notify the
successful finalist within five (5) business days. DBA may attend the final selection meeting
but may not vote in the matter.
(D) The State reserves the right to reject any and all proposals and to waive any formality in the
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negotiation and award process.
(E) Once the final selection is determined, the Department may begin to enter final negotiations
with the successful finalist. Nothing shall prohibit the Agency from entering into negotiations
with other finalists, if final negotiations are not successful.
(F) Before DBA may approve any contracts:
(1) The contractor, engineer, architect, or construction manager shall be licensed in
accordance with §3-700;
(2) Contract Documents shall be reviewed in accordance with all related laws and rules
and the DBA Division 00 requirements and §2-706;
(3) The Contractor or Contract Manager (Refer to §3-315) shall submit a performance and
payment bond(s);
(4) Insurance amounts and procedures shall be in accordance with §3-318; and
(5) All disclosure statements and certifications required by Arkansas law and rule must be
received.
3-703 CONTRACT OVERSIGHT
The Section has contract oversight and responsibility.
(A) The Design Professional shall provide the Section current approved-for-construction plans
and specifications. The plans will be in half size. A copy of the plans and specifications that
the GMP is established on will be provided to the Section, the Design Review Section,
Department official, and Contractor and the plans and specifications will be stamped or noted
as “Guaranteed Maximum Price” and “Approved for Construction” with the date and signature
or seal of the Design Professional. For additional Design Professional requirements, see §2-
1706.
(B) Phased Fast Track Projects: A Notice to Proceed will be issued to the Contractor for each
approved-for-construction phase of the work. No work may commence on any phase of work
without DBA approval.
3-800 CAPTIAL IMPROVEMENTS HISTORIC SITES
Pursuant to Ark. Code Ann. §§ 22-9-208 through 22-9-211, DBA, unless exempted by law, has
authority to approve and administer contracts for projects awarded pursuant to the Historic Site
laws.
3-801 Project Criteria
Departments requesting to utilize the Historic Site method of contracting shall send written request
and justification to the DBA Director for approval. Upon approval, the request may be forwarded for
review by the Arkansas Legislative Council and approval by the Chief Fiscal Officer of the State.
Nothing shall prohibit a department from applying for Arkansas Legislative Council review prior to
receiving approval from the DBA Director or the State’s Chief Fiscal Officer.
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SECTION FOUR - BUILDING OPERATIONS
4-100 INTRODUCTION
The following minimum maintenance standards & criteria are established pursuant to Ark. Code
Ann. § 22-2-101 et. seq. These standards are designed to address the areas of management,
maintenance, and operation of all public buildings and capital improvements to provide a clean,
safe, and comfortable working environment for employees and the public of the State of Arkansas.
Any reference to the words “the Section” within Section Four shall mean the Building Operations
Section.
4-101 PREVENTIVE MAINTENANCE REQUIREMENTS
In an effort to sustain a safe and comfortable working environment in state owned buildings, the
following requirements shall be performed pursuant to applicable state and federal laws and rules
and in a manner deemed appropriate by the Department Secretary responsible for the maintenance
and operations of the state owned building:
(A) Work Authorization System: The Building’s Maintenance Office shall maintain a work-order
system which provides for a method of documentation.
(B) Equipment Inventory: Building maintenance offices shall have a complete inventory of
building equipment requiring regular maintenance which can be documented. This inventory
should include, but should not be limited to, air conditioning machines, boilers, pumps, fans,
air compressors, and other building service system components.
(C) Technical Library: Each building maintenance office shall maintain a library of as-built
(record) drawings showing the structural components, architectural plan, mechanical
systems, electrical systems, site details, and the manufacturer operating manuals necessary
to operate and maintain the physical plant.
(D) Plant Logs: All buildings with central heating and cooling systems shall implement the use of
daily logs to record boiler and water chiller operations. Logs should indicate the unit number
and location of the equipment and should be initialed and dated. The building maintenance
official is responsible for development of log forms for the building’s specific mechanical and
electrical systems. Information on the log sheet shall include, but is not limited to steam
pressure, sight glass on boilers, water temperature (out and return), blow down, chemical
test, safety valve test, low water test, pumps checked, and the night set back status for
boilers; the date and time for air temperature for ambient space, the compressors’ oil
level/temperature reservoir/leaving the cooler/pressure, the gears’ oil level/temperature,
chillers’ water temperature in/out, refrigerators’ level/pressure/temperature, the condensers’
water temperature in/out, and refrigerators’ pressure for chillers.
(E) Equipment Maintenance Records: Building maintenance offices shall have a preventive
maintenance program on all equipment requiring regular maintenance. This program should
consist of documented schedules of regular preventive maintenance assignments and
documentation reflecting maintenance is being performed on a regular basis. Building
maintenance offices shall also maintain adequate records of repair history of major
components of equipment. In addition, if the Owner Department utilizes maintenance
contracts or extended warranties on equipment or materials beyond the one-year contractor
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warranty for new construction, the maintenance offices shall maintain a list of the contacts
(name and phone numbers) for the warranties along with a description of what the contract
or warranty covers and the expiration date of the warranty. Maintenance staff is expected to
implement timely repair and maintenance procedures that are adequate to preserve the
serviceability of all building systems.
(F) Chemical Water Treatment: All buildings with central heating and cooling systems shall use
a water treatment program to prevent corrosion, scale, and algae build-up. Each building
maintenance office shall maintain a record of water test analysis performed monthly during
the respective heating and cooling seasons.
(G) Painting: Facilities shall be painted as needed to preserve surfaces against deterioration.
(H) Roof Maintenance: Maintenance offices shall inspect all building roofs on a periodic basis
and maintain a record of those inspections. Built-up roofs shall be inspected twice a year. All
roofs shall be inspected immediately after severe weather events. Maintenance staffs are
expected to repair or cause to be repaired on a timely basis and implement maintenance
procedures of roofs, roof drains, scuppers, base flashing, and gutters that are adequate to
prevent deterioration of the roof and building.
(I) Masonry Maintenance: Masonry walls will be water-proofed, caulked, repainted, and
repaired with sufficient frequency to preserve surfaces and maintain a reasonably attractive
appearance.
4-102 BUILDING CLEANING AND GENERAL BUILDING MANAGEMENT
The following requirements and schedules shall be performed pursuant to applicable state and
federal laws and rules and in a manner deemed appropriate by the Department Secretary
responsible for the maintenance and operation of the state owned building:
(A) Building Cleaning: All buildings shall be cleaned with adequate frequency and diligence to
protect the public health and maintain the aesthetics of interior surfaces.
(B) Emergency Procedures: All buildings shall have an evacuation procedure to follow in the
event of fire, bomb threats, or other emergencies. Building management shall conduct a fire
drill at least once each year. Evacuation plans shall be posted in conspicuous locations
along all evacuation routes to allow occupants and visitors to quickly determine the nearest
path of egress in an emergency.
(C) Landscape Maintenance: All maintenance offices shall maintain grounds, malls, plazas,
walks, parking lots, and streets in a manner designed to preserve the state's investment in
landscaping.
(D) Energy Management: All building management offices shall have in place an on-going
energy management program designed to operate the facility in an efficient and economical
manner. Set points should be inspected on an as needed basis but no less than once per
quarter.
(D) Energy Conservation: Departments shall maintain their facilities in accordance with their approved
Strategic Energy Plan (StEP) in accordance with Ark. Code Ann. § 22-3- 2001 et seq.), state
rules, and Governor’s Executive Order 09-07 regarding sustainability and energy efficiencies.
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4-103 BUILDING RULES AND REGULATIONS:
Each Owner Department Secretary shall be responsible for developing and administering the
building rules for their building and property. The rules should be provided to the building tenants in
a written and bound form. The following requirements and schedules shall be performed pursuant
to applicable state and federal laws and regulations and in a manner deemed appropriate by the
Owner Department Secretary responsible for the maintenance and operation of the building.
(A) Parking: Parking should not be allowed in fire lanes.
(B) Weapons: Pursuant to Ark. Code Ann. § 5-73-306(9) concealed weapons are prohibited to
be carried into any state office. Law Enforcement, Law Enforcement Retirees, and Parole
Board Members who meet the criteria under Ark. Code Ann. § 5-73-301 et seq. (Law
Enforcement), § 12-15-202 (Law Enforcement Retirees), and § 16-93-209 (permits issued to
Parole Board Members) may carry a concealed handgun onto state property. This
prohibition does not affect items considered to have historic, archival, or educational
purposes and have been approved by the director of the department where the item will be
stored or exhibited.
(C) Alcoholic Beverages and Controlled Substances: No alcoholic beverages or controlled, non-
prescribed substances are allowed inside the building or on property grounds. Alcoholic
beverages should not be allowed on the property (building or grounds) except as authorized
by state law and Governor’s directive.
(D) Disturbances: No conduct shall be allowed which creates a loud or unusual noise or
nuisance which obstructs the use of entrances in an emergency; or in any manner that
creates a security or safety risk or endangers the safety of the building tenants or the public.
(E) Posting and Distribution of Materials: No signs shall be posted in the common or public
areas of the building except as authorized by Building Operations officials.
(F) Assembly: Department Secretary’s, or their designees, reserve the right to limit the number
of persons entering their office area, demand that the premises be vacated and, if needed,
call authorized Law Enforcement Officers to assist.
(G) Preservation of Property: The improper disposal of rubbish on property, willful destruction of
or damage to property, theft of property, creation of any hazard on property, throwing of
articles of any kind from or at the building, or climbing on any part of a building or structure
shall be prohibited.
(H) Persons entering DBA buildings and facilities shall, upon request, sign in by providing their
full first and last name (not initials) and provide proper documentation. Entry may be
refused to anyone who refuses to provide their name or proper identification.
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SECTION FIVE - REAL ESTATE SERVICES
5-100 PURPOSE
This manual has been compiled to provide every state department, agency, board, or commission
with written standards for the most economical and efficient utilization of space and with written
procedures to be followed in leasing that space. Any reference to the words “the Section” within
Section Five shall mean the Real Estate Services Section.
5-101 REAL ESTATE SERVICES RESPONSIBILITY
Pursuant to Ark. Code Ann. § 22-2-102 et seq., the Building Authority Division Act, the Real Estate
Services Section of DBA is the leasing agency for all state entities (departments, agencies, boards,
commissions, and institutions of higher education).
(A) The Section has the responsibility to act as the leasing agent for all state departments, acting
either as Lessor or Lessee, including space in all private sector and public buildings.
(B) The Section shall, with input from the department, evaluate, determine, and approve the
needs of the Department. The Section shall locate appropriate rental space, and act as the
agent for the Department in negotiation of the lease for the rental space.
(C) Pursuant to Ark. Code Ann. § 22-2-114(a)(2), all state departments shall execute and enter
into leases with the Section when requested for the leasing or renting of space and facilities in
any public buildings.
(D) Any Department making a request for lease space shall submit justification to the Section, in
written form with the signature of the Department Secretary or authorized designee,
thoroughly outlining the following information:
(1) The Department and division(s) to occupy the space, including a list of positions to
occupy the space and the functions of each position by state employment grade;
(2) The date of the request and the date the space is needed;
(3) The number and phone number of the department contact person;
(4) The type of space needed and the location desired, including any special location
factors;
(5) The terms desired, budgeted amounts for rents, operational costs, and anticipated
moving expenses; and
(6) Any alternations or special requirements, including parking and storage requirements,
telecommunications room, library, hearing room, conference room, etc. and the
function of those requirements. List any other pertinent information that would affect
the planning of the space needs and the efficient operation of the Department,
including special HVAC requirements, i.e. ventilation for specific areas, and desired
office to cubicle ratio.
This written request shall be submitted at least ninety (90) days prior to the date the space is
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needed. Requests not containing this information shall be returned to the Department without
action. The Section shall locate appropriate space and negotiate a lease between the facility
owner and the Department. If space is available in a public building, the lease will be
negotiated for placement in the public building. If space is not available in a public building,
then the Section shall obtain adequate space in a privately owned facility. It is unlawful for
departments to enter into any lease negotiations with any building owner or manager without
the approval of the Section (See Ark. Code Ann. § 22- 2-114(a)(1).) If such negotiations take
place, the lease shall not be ratified. If the Department requests the lease document be
ratified, the Department shall be required to provide written justification to the TSS Secretary
for review.
(E) Standards for the utilization of space and the allocation of space to state departments have
been approved by DBA and are a part of these standards as found in §5-104. These
standards shall be used as a basis for all planning, leasing of space, allocation of space, and
advising state departments on leasing considerations. When available, the Design Review
Section may assist in space planning services through the Section.
(F) DBA has adopted a standard lease form for leasing of privately owned facilities and a
standard form for leasing of DBA owned properties. Copies of these forms are located at the
end of this section.
(G) Preferences to leased property within a Central Business District shall be granted pursuant to
Ark. Code Ann. § 22-2-114(a)(5)(A). The Section shall grant preferences in accordance with
applicable laws and in the following manner:
GUIDELINES FOR CONSIDERATION OF LEASE PROPERTIES:
(1) Establish a rating system for Evaluation:
5 – Excellent “As is” condition meets applicable codes and compliance; premises
can easily conform to state’s need and meets space criteria.
4 – Very Good Some modifications are necessary for occupancy but are reasonable
and achievable; can conform to the state’s need and criteria.
3 – Acceptable Numerous modifications and building system replacement or upgrade
are necessary to meet codes and compliance, but achievable. Some
compromise may be necessary in space planning to satisfy need.
2 – Fair Extensive modifications required to meet criteria; space planning for
maximum efficiency of space will be compromised; restricting
flexibility.
1 – Not Acceptable Modifications required far exceed the feasibility to conform.
Structurally inferior and not adaptable to meet the space need and
criteria.
(2) Survey Area for Available Properties:
Upon receipt of space request, the Real Estate Section shall research properties
available for Lease. The Section may choose to advertise the space through the local
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newspaper or the DBA website.
(3) Evaluate Property:
(a) Survey all properties by visual inspection and assess condition of building
systems in consultation with local officials or requesting Department;
(b) Obtain plans or specifications from the property owner, if available;
(c) Determine property’s ability to conform to space need; and
(d) Compile a summary of modifications required to conform to state needs.
(4) Obtain Proposal:
(a) Provide property owner with a summary of observed modifications recognizing
additional modifications may be necessary upon a more extensive inspection;
(b) Provide property owner with a description of the space request, the specifications,
and floor plan, if available;
(c) Obtain a lease proposal inclusive of the initial recommended modifications and
lease criteria; and
(d) Confirm terms with property owner/agent.
(5) Rating Properties by Categories:
(a) Divide the available properties into one of two categories:
(i) Located within the Central Business District (CBD); and
(ii) Located outside the CBD (non-CBD).
(b) Rate the properties according to the established rating system listed above.
(c) The following factors should be taken into consideration:
(i) Cost-effectiveness by the State to meet the space criteria;
(ii) Level of compromise by the State to meet the need;
(iii) Specific criteria established by the requesting Department; and
(iv) Restrictions or impairments in use or access.
(d) Determine the highest rated property for each category (CBD/non-CDB).
(6) Comparison of Proposals
The highest rated CBD and non-CBD properties will be compared. If the CBD property
meets all criteria and does not restrict or impair the services for which the lease is
intended or the rental rates are justified in a non-CBD location, the CBD property will
be granted the preference.
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Nothing in these guidelines will prevent the State from leasing with a non-CBD property owner
in accordance with Ark. Code Ann. § 22-2-114(a)(5)(A).
(H) The Section may utilize a Request for Proposal (RFP) selection process when locating lease
options in response to a Department’s request for lease space more than five thousand
(5,000) square feet or for a term up to ten (10) years. The Section may use a variety of
methods to advertise including local newspapers, the DBA website, social media, and other
methods, and will provide RFP packages to any property owners or managers interested in
submitting a proposal in response to the RFP inquiry. This procedure awards based on
selected criteria evaluation. Those proposals submitted with the proposed physical address
found within the Central Business District (CBD) of the requested city shall earn the maximum
weighted value for the “Location” criteria of the evaluation portion of the RFP selection
process unless otherwise stated. The lease award shall be given to the proposal which, in the
opinion of the Section and the Department, serves the best interests of the State and is in
accordance with applicable laws and these rules. Nothing in this section shall prohibit the
Section from negotiating directly with a Lessor without utilizing the RFP process if it
determines it is in the best interest of the State.
(I) The Section may utilize a formal bid procedure for the leasing of new construction (contract is
between the private lessor and the prime contractor) when locating lease options in response
to a Department’s request for lease space more than five thousand (5,000) square feet and
for a term of fifteen (15) years. The bidding and award of contracts under the public works
laws do not apply. The Section may use a variety of methods to advertise this request for
formal bids including local newspapers, the DBA website, social media, and other methods,
and will provide formal bid packages to any interested party. This is a two-step process: (1)
the site submittal(s) and approval(s); and (2) submission of a bid consisting of a price per
square foot. Bidders who obtain an option to purchase the sites they propose, shall obtain
ownership of the property within the time frame established the bid criteria upon acceptance
of their bid. The State reserves the right to reject any or all bids and to waive any Formalities.
At the public bid opening, the Section shall open and compare the bids and award the lease to
the lowest responsible bidder, but only if it is the opinion of the Section and the Department
that the best interests of the State would be served and in accordance with applicable laws
and these rules. Nothing in this section shall prohibit the Section from negotiating directly with
a Lessor without utilizing the bid process if it determines it is in the best interest of the State.
(J) If determined by the Section to be in the State’s best interest, the Section may enter into a
negotiated lease for a lease term which is longer than any of the terms stated in subsections
(H) or (I) should the Lessor provide the State or any entities an option(s) to purchase the
premises. While the Lessor and the Section may negotiate additional lease terms and
conditions within the lease or subsequent amendments, the standard terms and conditions
contained within the approved lease form at the time of execution shall prevail should any
conflict arise between any standard terms or conditions and any non-standard term(s) or
condition(s).
5-102 DETERMINATION BY DBA OF DESIRABILITY OF AVAILABLE SPACE
(A) Square Footage: A comparison of the square footage required to satisfy Department needs
with the square footage available in a given facility. Space leased shall be no more than 5%
less or 15% greater than the Department’s stated needs. Square footage required shall be
determined according to the §5-104.
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(B) Analysis of Building Facilities: An analysis of the sustainable and energy-efficiency qualities
and condition of building facilities, including mechanical systems, elevators, toilets, parking,
lighting, public/common areas, building envelope (roofs, window wall, windows & doors),
location relative to associated departments, availability of storage and proximity to the other
related offices of association.
(C) Operational cost of occupying the space for the term of the lease:
(1) Annual square foot cost of the leased space;
(2) Cost of interior modifications or TI Allowance (tenant improvement) provided by
Lessor;
(3) The availability of all utility services and their estimated cost, if not included in the
lease through utility history, if available by the Lessor;
(4) Cost of janitorial services if not included in the lease;
(5) Any other factors which would affect the actual cost to the Department, i.e. parking,
additional electrical requirements, custom furniture and fixtures, etc; and
(6) The information technology services needed by the requesting Department.
(D) Time factors affecting need for space.
(E) Capacity to accommodate future need of the Department for space and services.
(F) Handicapped Accessibility and Special Accommodations: All buildings leased or rented in
whole or in part for use by the state under any lease or rental agreement entered into shall be
in accordance with the contractual terms and applicable accessibility guidelines. The Lessee
shall be required to provide an emergency evacuation auxiliary aid used by those employees
who need assistance to safely exit state-owned property during emergency situations. The
Lessee is solely responsible for obtaining, maintaining, and training in the use of the auxiliary
aid. Any necessary installation of an auxiliary aid shall be coordinated with the approval of the
Lessor.
(G) All leases shall be made pursuant to the Governor’s Executive Order 98-04 or Act 34 of 1999,
to the extent applicable. Completed disclosure forms and all necessary documentation shall
be sent to the Section. All Lessors and Lessees shall be required to complete a disclosure
certification form regarding their utilization of services of any real estate broker(s) for all lease
negotiations.
5-103 DBA POLICY FOR LEASING
(A) Pursuant to Ark. Code Ann. § 22-2-114(a)(1), the Section is the responsible leasing agent for
all state departments. No Department, agency, board, or commission may renew or negotiate
a lease without the approval of the Section.
(B) Requests for lease action (lease renewals or request for new or additional space) shall be
submitted to the Section at least ninety (90) days prior to the date the space request or
change is needed. The Request shall be submitted to the Section and shall include the
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information indicated in §5-101(D). This information should be as complete and accurate as
possible since it will be used to determine the space necessary to meet the needs of the
Department.
(C) All leases for real property, including but not limited to offices, parking, storage, warehouses,
land, antenna, and towers must be approved by the Section and assigned a DBA lease
number. The approved lease number must be used by all departments.
The only exception shall be for short term use of facilities where Memorandums of
Understanding or other agreements may be utilized. Examples of these short-term use
facilities that are exempt from Section approval include:
(1) Classrooms (from 1-9 months)
(2) Per Seat Fees
(3) Per Semesters
(4) School Years (9 months)
(5) Short Term Specialty Classes
(6) Golf, Bowling, Gyms, Spa's for classes
(7) Conference/Meeting Rooms (from 1-10 days)
(8) Workshop/Seminars
(9) Fair Booths
(10) Testings
(11) Graduations
(12) Ball Fields (including seasonal rentals)
(13) Short-term Storage (less than 1 year) including “mini-storage” where the lease is
considered month-to-month providing there is a 30-day termination clause
(14) Modular Units (less than 1 year) – Leases of modular units (portable buildings) for a
period of 1 year or more shall be submitted to the Section in the same manner as
traditional office space and shall require DBA approval (Memorandum of
Understanding Exemption). DBA recommends the lease of modular units should be
planned on a temporary basis and not be utilized as a long term or permanent use of
space. Examples of temporary use includes utilization for disaster relief while a facility
is undergoing a capital improvement, temporary classroom space due to over-
enrollment or temporary use for a site-specific special program.
(D) Lease space will be provided to or negotiated for departments based on the Department’s
submittal of the completed request for lease space with an authorized signature and the
Department’s justification for the need.
(E) Space in public buildings shall be negotiated pursuant to Ark. Code Ann. § 22-2-114. The
number of moves will be kept to a minimum and efforts will be made that functional areas
remain as contiguous space.
(F) All leases may be terminated on thirty (30) days written notice to the Lessor if state or federal
appropriations of funds are insufficient for the Department to continue the operations for which
the leased premises are being used.
(G) When negotiating rental rates, the State should not exceed the rental rate prevailing in the
community for comparable facilities. Annual square foot price limits will be based on current
market conditions in a locality, and rental rates will vary from city to city in the state. State
policy for rental rates will reflect the state's position as a prime tenant. All new lease actions
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shall be supported by documentation which will reflect the lease rates available for
comparable facilities in the market at the time the new lease was negotiated.
(H) It is preferable for the private sector Lessor to furnish all utilities except telephone and data
services and to furnish janitorial service. Private sector Lessors shall be required to provide
maintenance of the building and building systems in all circumstances. When a lease is
negotiated in favor of the state involving special consideration for a public advantage such as
a significant reduction in rent or an exchange-for-services arrangement, the private sector
Lessor may be exempt from providing maintenance for the building and building systems if it
determined to be in the best interest of the State.
(I) All State Departments must receive invoices submitted by the Lessor to process rental
vouchers. While rent may be paid monthly or quarterly, prior DBA approval is required for
annual payment(s) and shall be reflected in the lease.
(J) Rentable area shall be computed by the standard method of floor measurement as adopted
by the Building Owners and Managers Association International (BOMA). ANSI/BOMA Z65.1-
2010, as amended.
(K) Rental overlap, the time between the beginning date of a new lease for different premises and
the last date of occupancy for existing premises, shall be held to a minimum and shall only
occur when moving arrangements require an overlap.
(L) The Section will serve as contact between the Department and Lessor or as the contact
between the Department and the tenant when the Department is the Lessor in all matters
pertaining to the lease prior to lease execution. Departments shall be permitted to contact the
Lessor for day-to-day issues, including but is not limited to invoices/payments, routine
maintenance and repairs, and annual inspections. Departments shall report all non-routine
maintenance and repair issues to the Section. The Section shall act as the liaison between
the two parties should lease interpretation and terms enforcement become necessary.
(M) Whenever possible, the Section shall lease space requiring only renovations necessary to
accommodate the requesting Department. Renovations shall always be held to the absolute
minimum necessary to allow the Department to function in the leased space. When renovation
is necessary, the cost of the renovation shall be borne by the Lessor except when the
renovation is to accommodate specific department functions which would be of no use or
value to future tenants. It is the policy of the State to encourage the Lessor to provide any
alterations and improvements required to make the space suitable for the requesting
department and to recapture this expenditure over the term of the lease as part of the rent.
Lump sum payment by the State for improvements shall require prior approval of DBA.
After the initial lease is in place and during the lease term, if the Department requests tenant
improvements, the Department must submit to the Section a Request for Lease Action form
containing the information in §5-101(D). Once approved by the Section, a change
amendment for the improvements and additional rents will be negotiated.
After the initial lease is in place and during the lease term, if the Department requests tenant
improvements, the Department must submit to the Section a Request for Lease Action form
containing the information in §5-101(D). Once approved by the Section, a change
amendment for the improvements and additional rents will be negotiated with the Lessor.
When a Department contracts for improvements directly with a contractor and payment is not
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made through rent:
(1) If the work is estimated over thirty-five thousand dollars ($35,000), but less than fifty
thousand dollars ($50,000), a Request for Lease Action must be submitted and
approved by the Section. The Request for Lease Action should include a bid tabulation
of three (3) competitive bids (all taxes and permit fees are inclusive in the bids), bid
specifications and drawings, any disclosure forms required under Governor’s Executive
Order 98-04 or Act 34 of 1999, to the extent applicable, any required bonds, and the
purchase order. Any required notice of legal advertisement must be made in
accordance with Arkansas laws and rules.
(2) If the work is estimated to be over fifty thousand dollars ($50,000) dollars, the project
must be formally bid in accordance with Arkansas law and rules. The information
contained in subsection (1) above must be submitted to the Construction Section for
review and approval.
No work may be done until the lease has been amended to allow tenant improvements.
If the Lessor cannot or will not provide for design professional services, the selection of such
professionals shall be the responsibility of the Department. (See §2-1702). Plans and
specifications shall be made pursuant to Ark. Code Ann. § 22-9-201, which requires
observation by registered design professionals for certain levels of expenditures.
(N) Modular office space leased and occupied by state departments for one (1) year or more are
considered leased space. Requests for this type of temporary space should be processed in
the same manner as requests for new or additional space. See §5-103(C)(14)(A).
(O) Pass-through escalation clauses in which the State agrees to pay all increases in property
taxes, services, or utilities shall not be negotiated, nor approved. Escalations shall be pre-
determined and negotiated with the original lease agreement.
(P) Information concerning leases shall be released pursuant to the Arkansas Freedom of
Information Act.
(Q) When space has been located which meets the requested criteria, the Section shall negotiate
and prepare for signature the standard State lease agreement. The agreement shall be
signed by Lessor, Lessee, and approved by DBA. No lease document is valid unless signed
by the proper DBA authorities. The Section shall ensure distribution of lease copies to the
Lessor and Lessee.
(R) Departments may enter into leases for residential dwellings or apartment-type facilities for use
as living quarters. Departments shall not enter into a lease for premises located in residential
or apartment type dwellings for any other purpose. (Example: A room in a residence cannot
be leased as office space.)
(S) All leased premises for departments not located within a state-owned building must be
identified with a separate address for each defined premises. Leased premises shall not be
shared with any private entity or use, other than for official state or public purposes. The
leased premises shall have a separate entrance from any other place of business unless the
premises is supported by funding, such as grant programs, stipulated by an agreement with
other entities which includes but is not limited to agencies and political subdivisions. All non-
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state Lessors or Sublessors shall state within the Lease Agreement their ownership or
subletting rights of the leased premises.
(T) While lease agreements may reflect that office furnishings or equipment is being utilized or
shared, the lease for such commodities may only be made with approval from the Department
of Transformation and Shared Services. Such reflections in the lease agreement for the
premises must be identified through an itemized inventory and attached as a lease exhibit.
Lease agreements, which combine the use of the premises and commodities, are
discouraged and should only be done if it is in the best interest of the State. The use of
separate lease agreements for such commodities is encouraged.
(U) Departments entering into Memorandum of Understandings for the purpose of planning
temporary space in the event of disasters shall submit the executed agreement to the Section
even though DBA is not a party to the agreement. Departments shall provide immediate
notification to DBA upon activation of the agreement due for disaster relief.
5-104 DBA SPACE ALLOCATION STANDARDS FOR LEASE SPACE
(A) Private Offices
Area
(1) Commissioner or Department Director
240
(2) Deputy Commissioner or Deputy Director
200
(3) Departmental Division Director or Administrator
180
(4) Chief Departmental Fiscal or Personnel Officer
160
(5) Section Head
140
(6) Professional or Technical
120
(7) Line Staff positions requiring private office
due to job function
100
(B) Reception and Public Areas
Area
(1) Receptionist + 4 Visitors
120
(2) Receptionist + 6 Visitors
160
(3) Receptionist + 8 Visitors
220
(4) Receptionist + 10 Visitors
240
(5) Public counter per work station
75
(C) Open Area Work Stations
Area
(1) Clerical
48
(2) Clerical with reference
60
(3) Clerical with side chair
64
(4) Clerical with reference and side chair
80
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(D) Conference, Meeting and Hearing Rooms Area
Based on 20 SF per person
(1) Consultation or Interview
(2 – 4 people)
80
(2) 14 to 16 people
300
(3) 18 to 20 people
375
(4) 22 to 24 people 450
(5) 36 to 38 people 600
(E) Auxiliary Space
Area
(1) File Room (per file cabinet)
10
(2) Copier Room (per copier)
175
(3) Information Technology Room (minimum)
32
(4) Employee Break room (based on serving at the same time)
Up to 5 people
120
6 to 10 people
180
11 to 15 people
220
(F) Service Areas Area
(1) Janitorial Closet 24
(2) Electrical Closet (minimum clearance as required by building codes)
(3’ clearance in front of equipment & 12’ above)
(3) Telecommunications Closet (minimum) 32
(4) ADA Unisex Restroom (minimum dimensions) 7’6” x 6’
(5) Mechanical space See below
(G) Circulation
Corridor and circulation space, toilet rooms, stairs, elevators, and separate mechanical space
should not exceed 25% of the total building area. Ratio of net leasable area to gross building
area should result in a building efficiency of 75% - 85%.
Agency number 017.00
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5-105 DBA LEASE FORMS 1 & 2
Division of Building Authority Lease Term:
STATE OF ARKANSAS Annual Rent: $
COUNTY OF PULASKI Square Feet:
Standard Lease Form 1 Rate:$
Approved by Attorney General Type: New -:
<Month/Date/Year of Effective Date> Worked By:
Agency: County:
Lease #:
STATE OF ARKANSAS LEASE AGREEMENT
This Lease is made this day of , 20 , by which Lessor leases the PREMISES to
Lessee through DBA, Lessee's Leasing Agent.
For the purposes of this Lease Agreement the following definitions apply: "LESSOR" means:
<LESSOR’S NAME>, <individual, partnership or corporation> "LESSEE" means: <STATE
DEPARTMENT AND PERMANENT ADDRESS>, a department of the State of Arkansas.
"DBA " means the Real Estate Services Section of Arkansas Department of Transformation and
Shared Services, Division of Building Authority. By law DBA is the leasing agency for LESSEE. Ark.
Code Ann. § 22-2-114. DBA is not an additional LESSEE and therefore shall not owe any rent.
"PREMISES" means the property which is the subject of this Lease which is further described in
paragraph #1.
1. DESCRIPTION OF PREMISES:
Approximately 0,000 square feet of <type of space> located at <street address>; all situated in the
City of <city name>, County of <county name>, Arkansas.
2. TERM:
The initial term will begin on and end on . The LESSEE may elect to
extend the term not more than ninety (90) days upon the same terms by written notice to LESSOR,
not less than thirty (30) days before the end of the initial term.
3. RENT:
The LESSEE agrees to pay $ per calendar month on or before the tenth (10) day of each
such period, upon invoice from the LESSOR. If the Term commences on a day other than the first day
of a calendar month, then the installment of the Rent for such month shall be prorated upon a daily
basis at the rate of $ per day.
Agency number 017.00
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4. UTILITIES AND SERVICES:
The LESSOR will furnish the following utilities and services:
- Electricity - Elevator Service
- Gas - Trash Removal
- Water and Sewer - Janitorial Services
and Supplies
- Lamps, tubes, ballast
and replacements
5. MAINTENANCE, REPAIR AND REPLACEMENT:
The LESSOR shall maintain the leased PREMISES, including the building and all equipment, fixtures,
and appurtenances furnished by the LESSOR under this Lease, in good repair and tenantable
condition, except in case of damages arising from the acts of the LESSEE'S agents or employees.
For the purpose of maintaining said PREMISES and property, the LESSOR may at reasonable times,
and with the approval of the authorized LESSEE representative in charge, enter and inspect the same
and make any necessary repairs hereto. The LESSOR shall be responsible for maintaining all
structural supports and exterior walls of the building, including windows, doors, roofs, and
passageways from the lobby. LESSOR shall provide reasonable maintenance necessary to keep the
street and parking areas leading to the leased property, and the adjacent sidewalks and entrance
lobby, in good order and repair, and reasonably free of snow, ice, rubbish and other obstructions.
LESSOR shall provide lawn and plant maintenance and shall provide monthly pest control service.
LESSOR shall maintain in good working order and repair all plumbing, toilet facilities and other
fixtures and equipment installed for the general supply of hot and cold water, heat, air-conditioning
(including maintenance and filters).
6. FAILURE TO PERFORM:
The covenant to pay rent and the covenant to provide any service, utility, maintenance, or repair
required under this Lease are dependent. If the LESSOR shall breach any of the conditions required
to be performed by it under this Lease, LESSEE may cure such breach and deduct the cost thereof
from rent subsequently becoming due hereunder. If LESSOR fails to correct a deficiency within thirty
(30) days after written notice from DBA and LESSEE, or within an appropriate shorter period stated in
the notice, in the event of a deficiency constituting a hazard to the health and safety of the LESSEE'S
employees, property, or any other person, DBA and LESSEE may elect to terminate this Lease.
Nothing shall prohibit the LESSEE from extending the time periods stated above if LESSEE
determines that it is in its best interest to do so and LESSEE determines that the LESSOR is diligently
seeking to cure such failure or breach and the deficiency can be corrected within the extended time
period in a manner that will ensure throughout the time period as well as upon completion, the safety
of the LESSEE’S employees, property and other persons.
7. DAMAGE BY FIRE OR OTHER CASUALTY:
LESSOR shall bear the risk of loss by fire or other casualty and shall maintain fire and extended
coverage insurance to the full replacement value of the PREMISES. If the PREMISES are destroyed
by fire or other casualty, this Lease will immediately terminate. In case of partial destruction or
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damage, so as to render the PREMISES unsuitable for the purposes for which they are leased, as
determined by LESSEE and DBA, the LESSEE, may terminate the Lease by giving written notice to
the LESSOR through DBA, within fifteen (15) calendar days thereafter; if so terminated, no rent will
accrue to the LESSOR after such partial destruction or damage; and if not so terminated, the rent will
be reduced proportionately by supplemental agreement hereto effective from the date of such partial
destruction or damage.
Nothing shall prohibit the LESSEE from extending the time periods stated above if LESSEE
determines that it is in its best interest to do so and determines in addition that the LESSOR is
diligently seeking to cure the partial destruction or damage and the partial destruction or damage can
be corrected within the extended time period in a manner that will ensure throughout the time period
as well as upon completion, the safety of the LESSEE’S employees, property and other persons.
8. ALTERATIONS:
The LESSEE may attach fixtures and install signs in or to the PREMISES with LESSOR'S approval,
which shall not be unreasonably withheld. Such fixtures and signs shall remain the property of
LESSEE and may be removed from the PREMISES within a reasonable time after the termination of
this Lease provided the LESSEE shall restore the PREMISES to a condition as good as at the
beginning of this Lease, ordinary wear and tear excepted.
DBA, acting as agent for LESSEE, may, during the course of this Lease, negotiate with LESSOR for
other improvements to be made in the PREMISES. No additional cost or fee for services or work will
be charged by LESSOR without the prior written authorization of DBA.
9. TERMINATION:
In addition to other remedies provided herein, the LESSEE may terminate this Lease by thirty (30)
days written notice to LESSOR by DBA if the LESSEE'S funds are insufficient for it to continue the
operations for which the PREMISES are being used.
10. SPECIAL PROVISIONS:
The parties agree that the terms and conditions of this Lease shall be read together and harmonized
whenever possible; however, in the event of a conflict between Section 10 or Section 11 and any
other provisions elsewhere in this Lease Agreement, the provisions contained in Sections 1-10
(Special Provisions (a) through (e) and Section 11 (Miscellaneous (a) through (e) shall prevail.
(a) LESSOR shall be responsible that this facility conforms to the Arkansas Fire Prevention
Code, as amended, Arkansas State Plumbing Code, The National Electrical Code, and
any other state and local laws, codes, authorities, etc., applicable to the leased facility
including the Arkansas adopted Americans with Disabilities Act Accessibility Guidelines for
Buildings and Facilities (ADAAG).
(b) Failure to make any disclosure required by Governor’s Executive Order 98-04 or Act 34 of
1999, to the extent applicable, or any violation of any rule or policy adopted pursuant to
that Order, shall be a material breach of terms of this contract. Any LESSOR, whether an
individual or entity, who fails to make the required disclosure or who violates any rule,
regulation, or policy shall be subject to all legal remedies available to the LESSEE.
(1) The LESSOR shall prior to assigning this Lease with any person or entity, for which
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the total consideration is greater than $25,000, requires the assignee to complete a
Contract and Grant Disclosure and Certification Form. The LESSOR shall ensure that any
contract agreement, current or future between the LESSOR and an assignee for which the
total consideration is greater than $25,000 shall contain the following:
Failure to make any disclosure required by Governor Executive Order 98-04 or Act 34 of
1999, to the extent applicable, or any violation of any rule or policy adopted pursuant to
that Order, shall be a material breach of the term of this Sublease. The party who fails to
make the required disclosure or who violates the rule, regulation, or policy shall be subject
to all legal remedies available to the LESSEE.
(2) The LESSOR shall transmit to the agency a copy of the Contract and Grant Disclosure
and Certification Form completed and signed by the assignee and a statement containing
the dollar amount of the Sublease. The LESSOR shall transmit to DBA a copy of the
disclosure form within ten (10) days of entering into any agreement with assignee.
(3) The terms and conditions regarding the failure to disclose and conditions which
constitutes material breach of contract and rights of termination and remedies under the
Executive Order 98-04 or Act 34 of 1999, to the extent applicable, are hereby incorporated
within.
(c) The LESSOR hereby acknowledges that <insert real estate broker firm or individual>
<is/was> the LESSOR’S sole agent(s) for these lease negotiations and states that the
named broker(s) <is/are> licensed by the State of Arkansas for such transactions.
(d) The State shall not be responsible for the payment of any taxes or assessments for the
PREMISES.
(e) Lessor asserts that <he/she/it> <is/is not> the true owner of the PREMISES and the
LESSOR’S rights to the PREMISES <are/are not> pursuant to a lease or sublease.
(f) ADD ADDITIONAL SPECIALIZED PROVISIONS HERE
11. MISCELLANEOUS:
(a) The Lease and any modifications or amendments to it will not be valid without the written
approval of DBA.
(b) This Lease shall benefit and bind the parties hereto and their heirs, personal
representatives, successors and assigns.
(c) The LESSEE may terminate this Lease by written notice from DBA to LESSOR upon the
taking by eminent domain of any part of the PREMISES. This provision does not prevent
the LESSEE from claiming or recovering from the condemning authority the value of
LESSEE'S leasehold interests.
(d) Nothing in this Lease shall be construed to waive the sovereign immunity of the STATE
OF ARKANSAS or any entities thereof.
(e) This Lease contains the entire agreement of the parties.
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5-15
Executed by the parties who individually represent that each has the authority to enter into this
Lease.
LESSOR LESSEE
By: By:
Date: Date:
DEPARTMENT OF TRANSFORMATION
AND SHARED SERVICES, DIVISION OF BUILDING AUTHORITY
As Agent for
By: By:
<Name>, Administrator <Name>, Director
of Real Estate Services
Date: Date:
Agency number 017.00
5-16
Division of Building Authority Lease Term:
STATE OF ARKANSAS Annual Rent: $
COUNTY OF PULASKI Square Feet:
Standard Lease Form 2 Rate: $
Approved by Attorney General Type: New
Month/Date/Year of Effective Date Worked By:
County: Agency:
Lease #:
STATE OF ARKANSAS LEASE AGREEMENT BETWEEN STATE ENTITIES
This Lease is made this day of , <year>, by which Lessor leases the PREMISES to
Lessee.
For the purposes of this Lease Agreement the following definitions apply:
"LESSOR" means: DEPARTMENT OF TRANSFORMATION AND SHARED SERVICES, DIVISION
OF BUILDING AUTHORITY, <permanent address >, a department of the State of Arkansas.
"LESSEE" means: <STATE DEPARTMENT AND PERMANENT ADDRESS>, a department of the
State of Arkansas.
1. DESCRIPTION OF PREMISES:
Approximately square feet of office space located in the Building at
; all situated in the City of <city name>, County of <county name>, Arkansas,
further described as follows:
2. TERM:
The term of this Lease will begin on <date> and end on <date>, unless the term shall be sooner
terminated as hereinafter provided.
3. RENT:
The LESSEE agrees to pay to LESSOR the sum of $ per calendar annum, payable in
monthly installments of $ , apportionable on a daily basis at $ . Such
amount to be paid to LESSOR at: <address>, Little Rock, AR 72201.
This Lease will commence on the date which the LESSEE shall have commenced business
operations upon the leased PREMISES. If the term of the Lease shall commence on a day other than
the first day of the calendar month, the LESSEE shall pay, upon the commencement date of the term,
a portion of the fixed annual rental described in the foregoing provision, prorated on a daily basis.
4. UTILITIES AND SERVICES:
It is understood that the rental paid by the LESSEE is for the purposes of reimbursing the LESSOR
for providing maintenance and repair of all mechanical and structural systems, janitorial service,
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utilities, pest control, security, trash removal, grounds, including applicable parking areas,
maintenance, insurance, and all other expenses normally associated with the maintenance and
operation of the lease PREMISES. LESSOR may seek additional reimbursements from LESSEE for
“after-hour call outs” of DBA Building Operations Personnel due to acts or omissions by LESSEE’S
employees, representatives, or invitees.
5. ALTERATIONS:
The LESSEE may attach fixtures and install signs in or to the PREMISES with LESSOR'S approval,
which shall not be unreasonably withheld. Such fixtures and signs shall remain the property of
LESSEE and may be removed from the PREMISES within a reasonable time after the termination of
this Lease provided the LESSEE shall restore the PREMISES to a condition as good as at the
beginning of this Lease, ordinary wear and tear excepted. Any subsequent requested space
alterations, attaching fixtures, and erecting additions after the initial construction has been completed
and accepted by the LESSEE shall be the responsibility of the LESSEE. No services or work will be
performed for which an additional cost or fee will be charged by LESSOR without the prior written
authorization of the LESSEE.
6. ADDITIONAL PROVISIONS:
LESSOR and LESSEE mutually agree that the following additional provisions are hereby added to
become a part of this Lease Agreement:
(a) LESSOR shall bear the risk of loss by fire or other casualty and shall maintain fire and
extended coverage insurance to the full replacement value of the PREMISES. If the
PREMISES are destroyed by fire or other casualty, this Lease will immediately terminate. In
case of partial destruction or damage, so as to render the PREMISES unsuitable for the
purposes for which they are leased, as determined by LESSOR, the LESSOR, may terminate
the Lease by giving written notice to the LESSEE, within fifteen (15) calendar days thereafter;
if so terminated, no rent will accrue to the LESSOR after such partial destruction or damage;
and if not so terminated, the rent will be reduced proportionately by supplemental agreement
hereto effective from the date of such partial destruction or damage.
(b) LESSEE agrees to accept the lease PREMISES in "as is" condition. All modifications will be
at the expense of the LESSEE.
<OR if alterations are made that are specific to the Lessee’s operations conditional language
can be added to state:
(1) Alterations shall remain the property of the LESSEE.
(2) Alterations shall be removed by LESSEE within thirty (30) days upon Lease termination or
expiration, unless alterations are accepted in writing by DBA.
(3) LESSEE shall restore the PREMISES in a condition as good as at the beginning of the
Lease term; ordinary wear and tear excepted.
(c) This Lease shall benefit and bind the parties hereto and their heirs, personal representatives,
successors, and assigns.
(d) Nothing in this Lease shall be construed to waive the sovereign immunity of the STATE OF
ARKANSAS or any entities thereof.
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(e) In all instances in which a LESSEE employs an individual or individuals who require an
emergency evacuation auxiliary aid to safely exit the PREMISES during an emergency
situation, the LESSEE is required to, and is solely responsible for obtaining, maintaining, and
training in the use of said auxiliary aid. Any necessary installation of said device shall be
coordinated and approved by the LESSOR. This requirement shall apply in all instances
regardless of whether the individual(s) with disabilities are employed at the time of the
execution of this Lease, are hired and employed after execution of this Lease, or a current
employee regardless of hire date becomes disabled so as to require an emergency
evacuation auxiliary aid.
(f) LESSEE shall not sublease nor assign this Lease without the written approval of the LESSOR.
(g) This Lease contains the entire agreement of the parties.
7. BUILDING RULES:
The LESSEE agrees to cooperate with LESSOR in enforcing the Building Rules attached hereto and
incorporated herein by reference as Exhibit "A". In the case that LESSEE is notified by LESSOR of
Building Rule infractions committed by LESSEE’S employees or invitees, LESSEE agrees to take
prompt and appropriate action to correct such violations.
8. RELOCATION
Nothing in this Lease shall be construed to prohibit or lessen LESSOR’S authority to relocate
LESSEE, therefore when requested by LESSOR, LESSEE agrees to execute and enter into a lease
or an amended lease with LESSOR or other public entity for the leasing of space in any public
buildings as deemed by the LESSOR to be in the best interests of the State.
Executed by the parties who individually represent that each has the authority to enter into this Lease:
LESSOR: LESSEE:
DEPARTMENT OF TRANSFORMATION
AND SHARED SERVICES, DIVISION OF BUILDING AUTHORITY
By:
<Name>, Title, Real
Estate Services Section
Date:
By:
Date:
By:
<Name>, Director
Date:
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SECTION SIX - REAL PROPERTY TRANSFERS
6-100 REAL PROPERTY OFFER AND ACCEPTANCE (PURCHASE)
(A) All Department real estate transactions, unless exempted, involving transfers of property
ownership are governed by Ark. Code Ann. § 22-6-601. Departments should review this code
provision. Departments have several duties under this law in regard to requests and
notifications prior the purchase or sale of properties. Transfers of ownership include,
purchases, sales, donations, transfers of like property, and transfers between state entities.
Any questions pertaining to real estate transfers should be directed to the Real Estate
Services Section Administrator. Departments may contact the Real Estate Services
Administrator for a copy of quick reference guides for the purchase or sale of property.
(B) Departments shall obtain an appraisal of the property for all real estate transactions.
Appraisers shall be properly licensed in accordance with Arkansas laws and any applicable
rules. Appraisals must be accompanied by an “Affidavit of Appraiser” in order to be valid.
Once the services are obtained, Departments shall give notice to the DBA Director.
(C) All offers and acceptances should state that it shall be conditional upon approval by the
Governor. All offers and acceptances and applicable documents shall be delivered to the Real
Estate Services Section. The Section shall make a recommendation to the Director.
Departments may request advice and counsel of the Attorney General’s office for the
purchase of property. The Real Estate Services Section may assist departments in making
the conditional offer and acceptance and in obtaining the necessary review and/or approvals.
Once the applicable documents are received by DBA, the DBA Director will make a
recommendation to the Department of Transformation and Shared Services Secretary who
will transmit a final recommendation to the Governor. Once a determination is made by the
Governor and transmitted to the Department of Transformation and Shared Services
Secretary and DBA Director, the DBA Director shall forward it to the department.
(D) It is preferable that all offers and acceptances be reviewed by the Real Estate Services
Section Administrator prior to the Department’s execution of the document. A copy of the
appraisal shall accompany the offer and acceptance at this stage of the review. DBA shall
notify the Department of its review of the offer and acceptance as well as notify the
Department of the property’s flood plain status. All offers and acceptance shall contain the
appropriate language pursuant to Executive Order 98-04 or Act 34 of 1999, to the extent
applicable.
(E) The Real Estate Services Section is responsible for reviews and approvals of lease-
purchases of property pursuant to Ark. Code Ann. § 22-2-114 and these rules.
(F) Guidelines regarding the sale and purchase of properties are available by contacting the Real
Estate Services Section Administrator.
(G) Prior to any offer of purchase or receipt of any real property, agencies shall request a review
of the floodplain status of the property pursuant to §2-700 et seq.
6-101 CLOSING OF REAL PROPERTY (PURCHASE/SALE)
(A) Purchase: Buyer and seller shall be responsible for their respective closing costs. As soon as
practical after closing, the deed shall be filed by the Department receiving the real property in
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the proper county clerk’s office. Departments are encouraged to review Ark. Code Ann. § 26-
60-601 regarding exemptions from revenue stamps; Ark. Code Ann. § 22-5-411 regarding the
filing of a deed with the State Land Commissioner; and Ark Code Ann. § 25-16-706 regarding
Seller’s responsibility regarding purchase of a title commitment.
(B) Sale: The Real Estate Services Section Administrator may assist departments in coordinating
the closing of property. Buyer and seller are responsible for their respective closing costs.
Closing is expected to be within 30 days of the bid opening or acceptance date.
6-102 EXEMPTION FROM REAL PROPERTY TAXES
The Department, if purchasing property that has been previously taxed, should request an
exemption from the county tax assessor for real property taxes as soon as possible after closing
and recording of the deed and abstract if such a request is necessary.
6-103 SALE OF REAL PROPERTY
All sales of real property owned by agencies shall be made pursuant to Ark. Code Ann. § 22-6-601.
This code provision should be reviewed for questions concerning governor’s approval, appraisals,
appraiser’s oaths, advertising, bid bonds, bid openings and award of contract through a bid process
as well as remaining fund balances from the receipt of monies. Departments should consult Ark.
Code Ann. § 22-6-113 concerning the state’s retention of mineral interests in any sale of state real
property.
6-104 PROTEST
Any bidder or prospective bidder who is aggrieved in connection with the specifications, solicitation
for or award of a sale of land pursuant to Ark. Code Ann. § 22-6-601, has the right to protest to the
Real Estate Services Section Administrator. The protest shall be submitted in writing within five (5)
working days after the bid opening and identify the project by bid number or with sufficient detail to
identify the project, and shall, with specificity, set out the allegations of the acts or omissions related
to the protest. DBA shall endeavor to resolve protests promptly.
