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14-58-1001. Projects exceeding two million dollars.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-58-1001. Projects exceeding two million dollars.
(a) In the event funds from any sources for a municipal project other than revenues derived from a performance-based efficiency project exceed two million dollars ($2,000,000), excluding the cost of land, the provisions of this subchapter and all other provisions of this Code governing construction of public facilities, including, but not limited to, the provisions of § 22-9-201 et seq. at the election of municipalities shall not be applicable to the project if the selection and contracting process set forth in this section is followed.
(b)(1) The selection procedures for the construction manager, general contractor, architect, or engineer shall provide for solicitation for qualified, licensed professionals to submit proposals.
(2) The procedures shall assure the design and completion of the project in an expeditious manner while adhering to high standards of design and construction quality.
(3) A municipality shall:
(A) Publish notice of its intention to receive written proposals three (3) consecutive days in a newspaper of local distribution;
(B) Allow a minimum of ten (10) working days from the first date of publication for the professionals to send letters or resumes in response to the newspaper advertisement; and
(C) Provide additional means of notification, if any, as the municipality shall determine is appropriate.
(c)(1)(A) A preselection committee which shall be composed of at least three (3) members from the municipality shall review the proposals.
(B) The preselection committee shall select a maximum of five (5) applicants and schedule interviews.
(C) The municipality shall notify the finalists of their status.
(2)(A) The final selection committee shall be composed of the members on the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-58-1001
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:14-58-1001
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 216233ab6b429c132643f5af5ab0ba2d3fbcbb29b2e02da130247189f21f6387
Source location: content.xml paragraph 18784
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14-58-1001. Projects exceeding two million dollars.
(a) In the event funds from any sources for a municipal project other than revenues derived from a performance-based efficiency project exceed two million dollars ($2,000,000), excluding the cost of land, the provisions of this subchapter and all other provisions of this Code governing construction of public facilities, including, but not limited to, the provisions of § 22-9-201 et seq. at the election of municipalities shall not be applicable to the project if the selection and contracting process set forth in this section is followed.
(b)(1) The selection procedures for the construction manager, general contractor, architect, or engineer shall provide for solicitation for qualified, licensed professionals to submit proposals.
(2) The procedures shall assure the design and completion of the project in an expeditious manner while adhering to high standards of design and construction quality.
(3) A municipality shall:
(A) Publish notice of its intention to receive written proposals three (3) consecutive days in a newspaper of local distribution;
(B) Allow a minimum of ten (10) working days from the first date of publication for the professionals to send letters or resumes in response to the newspaper advertisement; and
(C) Provide additional means of notification, if any, as the municipality shall determine is appropriate.
(c)(1)(A) A preselection committee which shall be composed of at least three (3) members from the municipality shall review the proposals.
(B) The preselection committee shall select a maximum of five (5) applicants and schedule interviews.
(C) The municipality shall notify the finalists of their status.
(2)(A) The final selection committee shall be composed of the members on the preselection committee.
(B) The final interviews shall be held at the times and dates designated by the final selection committee.
(C) In selecting a general contractor, construction manager, architect, or engineer, the municipality shall consider established criteria, which shall include, but not be limited to, the following:
(i) The experience of the professional or professionals in similar projects;
(ii) The record of the professional or professionals in timely completion of the projects with high quality workmanship; and
(iii) Other similar matters to determine that the professional or professionals will complete the project within the time and budget and to the specifications set by the municipality.
(3)(A) The final selection committee shall make a formal recommendation to its governing body of the professional or professionals whom it determines to be in the best interest of the municipality.
(B)(i) Contracts for architectural, engineering, and land surveying professional consultant services shall be negotiated on the basis of demonstrated competence and qualifications for the type of services required and at fair and reasonable prices without the use of competitive bidding.
(ii) No rule or regulation shall inhibit a municipality's authority to negotiate fees for the services.
(d)(1) Construction contracts for the projects shall not be entered into without a payment and performance bond in the amount of the contract and any amendments thereto and shall provide for the manner in which the construction shall be managed and supervised.
(2) All project architects and engineers shall be properly licensed in accordance with the Arkansas State Board of Architects, Landscape Architects, and Interior Designers and the State Board of Licensure for Professional Engineers and Professional Surveyors.
(3) The construction manager or general contractor shall be properly licensed by the Contractors Licensing Board.
(4)(A) All subcontractors on the project shall be properly licensed by the Contractors Licensing Board.
(B) Any person who is not considered a contractor under § 17-25-101 et seq. may continue to perform subcontracting work under the provisions of this subchapter.
(e) The funds may be represented in whole or in part by a written pledge or commitment from a donor, provided that the municipality shall assure itself of the financial stability of the donor to fulfill the pledge or commitment.
(f)(1) All projects constructed pursuant to this section, to the extent applicable, shall be in accordance and compliance with:
(A) Section 17-38-101 et seq., regulating plumbers;
(B) Section 17-33-101 et seq., regulating the heating, ventilation, air conditioning, and refrigeration industry;
(C) The Fire Prevention Act, § 12-13-101 et seq.;
(D) Section 12-80-101 et seq., regarding earthquake resistant design for public structure;
(E) Americans with Disabilities Act Accessibility Guidelines, 28 C.F.R. pt. 36, App. A, adopted by the authority; and
(F) The minimum standards of the authority and criteria pertaining to projects constructed under this section.
(2) Notwithstanding anything in this section to the contrary, the provisions of §§ 19-11-801, 22-9-101, 22-9-103, 22-9-104, and 22-9-213, § 22-9-301 et seq. [repealed], § 22-9-401 et seq., § 22-9-501 et seq., § 22-9-601 et seq., § 22-9-701 et seq., and all competitive bidding statutes shall remain in full force and effect and not be affected hereby.
(3) This section shall not authorize a design-build project contract.
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-25-101. Definition. [Effective until July 1, 2020.]
(a)(1) As used in this chapter, “contractor” means any person, firm, partnership, copartnership, association, corporation, or other organization, or any combination thereof, that for a fixed price, commission, fee, or wage attempts to or submits a bid to construct or demolish, or contracts or undertakes to construct or demolish, or assumes charge, in a supervisory capacity or otherwise, or manages the construction, erection, alteration, demolition, or repair, or has or have constructed, erected, altered, demolished, or repaired, under his or her, their, or its direction, any building, apartment, condominium, highway, sewer, utility, grading, or any other improvement or structure on public or private property for lease, rent, resale, public access, or similar purpose, except single-family residences, when the cost of the work to be done, or done, in the State of Arkansas by the contractor, including, but not limited to, labor and materials, is fifty thousand dollars ($50,000) or more.
(2) However, when a person or an entity acts as a contractor in the construction, erection, alteration, demolition, or repair of his or her own or its own property, such action shall not result in the person's or entity's being required to obtain a license, but the person or entity shall comply with all other provisions of this chapter.
(b) However, the fifty-thousand-dollar exception shall not apply to any project of construction in which any of the construction work necessary to complete the project, except any in-progress change orders, is divided into separate contracts of amounts less than fifty thousand dollars ($50,000), a purpose being to circumvent the provisions of this chapter.
(c) It is the intention of this definiti
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-25-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-25-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-25-101. Definition. [Effective July 1, 2020.]
(a)(1) As used in this chapter, “contractor” means any person, firm, partnership, copartnership, association, corporation, or other organization, or any combination thereof, that for a fixed price, commission, fee, or wage attempts to or submits a bid to construct or demolish, or contracts or undertakes to construct or demolish, or assumes charge, in a supervisory capacity or otherwise, or manages the construction, erection, alteration, demolition, or repair, or has or have constructed, erected, altered, demolished, or repaired, under his or her, their, or its direction, any building, apartment, condominium, highway, sewer, utility, grading, or any other improvement or structure on public or private property for lease, rent, resale, public access, or similar purpose, except single-family residences, when the cost of the work to be done, or done, in the State of Arkansas by the contractor, including, but not limited to, labor and materials, is fifty thousand dollars ($50,000) or more.
(2) However, when a person or an entity acts as a contractor in the construction, erection, alteration, demolition, or repair of his or her own or its own property, such action shall not result in the person's or entity's being required to obtain a license, but the person or entity shall comply with all other provisions of this chapter.
(b) However, the fifty-thousand-dollar exception shall not apply to any project of construction in which any of the construction work necessary to complete the project, except any in-progress change orders, is divided into separate contracts of amounts less than fifty thousand dollars ($50,000), a purpose being to circumvent the provisions of this chapter.
(c) It is the intention of this definition to
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-25-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-25-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-33-101. Definitions.
As used in this chapter:
(1) “Board” means the HVACR Licensing Board;
(2) “BTUH” means British Thermal Unit per hour of heat;
(3) “Department” means the Department of Health;
(4) “Director” means the Director of the Department of Health;
(5) “Heating and air conditioning” means the process of treating air to control temperature, humidity, cleanliness, ventilation, or circulation to meet human comfort requirements;
(6) “Heating, ventilation, air conditioning, and refrigeration” or “HVACR” means the design, installation, construction, maintenance, service, repair, alteration, or modification of a product or of equipment in heating and air conditioning, refrigeration, ventilation, or process cooling or heating systems;
(7) “Horsepower” means the equivalent to seven hundred forty-six (746) watts;
(8) “HVACR gas fitting work” means gas fitting work for the purpose of supplying an HVACR system and shall be limited to installing six feet (6') or less final of gas piping connection to a heating unit from an existing, accessible manual safety shutoff gas cock, installing flue gas vents and combustion air for the HVACR system;
(9) “HVACR Licensing Fund” means a fund established under this chapter to be used exclusively to fund all activities covered under this chapter;
(10) “HVACR maintenance work” means repair, modification, service, and all other work required for the normal continued performance of an HVACR system. This term does not include the installation or total replacement of a system or the installation of boiler or pressure vessels that must be installed by persons licensed under § 20-23-101 et seq.;
(11) “Licensee” means the holder of a license issued pursuant to this chapter;
(12) “One ton” means twelve thousand (12,00
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-33-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-33-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-38-101. Definitions.
As used in this chapter:
(1) “Apprentice plumber” means any person other than a journeyman or master plumber who is engaged in learning and assisting in the installation of plumbing and drainage and enrolled in a state-approved apprentice program;
(2) “Approved backflow preventor” means any permanent mechanical device or combination of permanent mechanical devices of whatever material that after installation according to the state plumbing regulations acts to prevent a reversal of the normal directional flow of potable water within the piping system in which it is installed;
(3) “Board” means the State Board of Health;
(4) “Department” means the Department of Health;
(5) “Final year of apprenticeship” means when an apprentice plumber has obtained four hundred eighty (480) hours or more of classroom instruction and completed six thousand (6,000) or more hours of on-the-job work in an approved United States Department of Labor apprenticeship program;
(6) “Gas utility serviceperson” means an employee of a gas utility specially trained for gas service work with the utility;
(7) “Journeyman plumber” means any person other than a master plumber who is engaged in the practical installation of plumbing;
(8) “Master plumber” means any person skilled in the planning, superintending, and practical installation of plumbing and familiar with the laws and rules governing it;
(9) “Plumbing” means:
(A) All piping, fixtures, appurtenances, and appliances:
(i) In connection with a supply of water within or adjacent to any building, structure, or conveyance on the premises and to the connection with a utility water meter or other public water utility property or other source of supply;
(ii) For sanitary drainage or storm drainage facilities
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-38-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-38-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
22-9-201. Applicability of §§ 22-9-202 — 22-9-204.
(a) The provisions of §§ 22-9-202 — 22-9-204 shall not apply to contracts awarded by the State Highway Commission for construction or maintenance of public highways, roads, or streets under the provisions of §§ 27-67-206 and 27-67-207.
(b) The provisions of § 22-9-204 shall not apply to projects designed to provide utility needs of the state or any agency thereof, a municipality, or a county. Those projects shall include, but shall not be limited to, pipeline installation, sanitation projects, light earth work and foundation work, local flood control, sanitary landfills, drainage projects, site clearing, water lines, streets, roads, alleys, sidewalks, water channelization, light construction sewage, water works, and improvements to street and highway construction.
(c)(1)(A) The notice and bid security provisions of §§ 19-4-1401, 19-4-1405, and 22-9-203 pertaining to the project amount and the time frames of the advertisement shall not apply to contracts for the performance of any work or the making of any capital improvements due to emergency contracting procedures.
(B) Nothing shall prohibit the contracting authority from requiring a bid security if the contracting authority determines to require a bid security.
(2)(A) The percentage requirements of § 22-9-203(e) shall not apply to contracts for the performance of any work or the making of any capital improvements due to emergency contracting procedures.
(B) If negotiations are unsuccessful and the contracting authority determines further negotiations with the lowest responsible bidder are not in the contracting authority's best interests, nothing shall prohibit the contracting authority from terminating negotiations and negotiating the award of the contrac
Source: Arkansas Code — historical release 78 (November 6, 2020) · 22-9-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 22-9-201. This identifies an authority to review, not proof of applicability.