22-2-113. Schedule of supervision — Type three — All other cases.

22-2-113. Schedule of supervision — Type three — All other cases. (a) In all other cases, within or without Pulaski County, Arkansas, when the construction of public buildings or capital improvements is undertaken or is presently being undertaken or is authorized but not presently under contract by or for a state agency, then the Building Authority Division shall serve in a technical advisory capacity to advise an agency in relation to that agency's capital improvement and to perform review and approval duties, specifically including, but not limited to, the provision and performance of the following services and duties: (1) Consult with the agency as to the need for and the type, cost, and design of the capital improvement; (2) Assist the agency in reviewing architectural proposals and advising the agency in the selection of persons to perform architectural and engineering services, but the agency shall have the responsibility of selecting those persons. However, nothing in this subdivision (a)(2) shall affect the power and responsibility of the Building Authority Division to review and approve architectural and engineering design plans and to negotiate contracts for architects' and engineers' services as otherwise provided in this section; (3) Review and approve architectural and engineering plans and designs to ensure compliance with minimum design and construction standards and criteria promulgated by the Secretary of the Department of Transformation and Shared Services pursuant to this chapter; (4) As agent for the state agency, negotiate and approve any contractual terms, relationships, or responsibilities for architectural and engineering services; (5) Assist the state agency in receipt of bids for construction contracts necessary for the capital improvement if bids are required by law; (6) Advise and assist the agency in the selection of persons to perform construction services, but the agency shall have the responsibility of selecting the persons to perform the services. However, nothing in this subdivision (a)(6) shall affect the powers and responsibilities of the Building Authority Division consistent with subdivisions (a)(7) and (8) of this section; (7)(A) Review and approve construction plans to ensure compliance with minimum construction standards and criteria promulgated by the secretary as provided in this chapter. (B)(i) This subdivision (a)(7) does not apply to the design or construction of an unpaved trail project. (ii) The State Parks, Recreation, and Travel Commission shall ensure that an unpaved trail project created under this subdivision (a)(7) meets the standards for observation by registered professionals as established by the Building Authority Division; (8)(A) As agent for the agency, negotiate and approve all construction contracts, revisions, and modifications necessary for the capital improvement. (B)(i) This subdivision (a)(8) does not apply to the design or construction of an unpaved trail project. (ii) The State Parks, Recreation, and Travel Commission shall ensure that an unpaved trail project created under this subdivision (a)(8) adheres to applicable public works laws; (9) Assist and advise the state agency as to the operation, management, and maintenance of the capital improvement. However, the operation, management, and maintenance shall be in accordance with minimum standards as promulgated by the secretary; and (10) Otherwise take such action as may be necessary to carry out the policies, standards, criteria, and other rules as may be adopted or promulgated by the secretary to implement the provisions of this chapter. (b)(1) The boards of trustees of the University of Arkansas, Arkansas State University, University of Central Arkansas, Henderson State University, Arkansas Tech University, and Southern Arkansas University, respectively, are exempt from review, consultation, assistance, advice, and approval by the Building Authority Division for those items listed in subsection (a) of this section. Upon approval of the Division of Higher Education, the governing boards of all other public institutions of higher education shall be exempt from review and approval by the Building Authority Division for those items listed in subsection (a) of this section. However, prior to granting such approval, the Division of Higher Education shall have reviewed and approved policies and procedures adopted by the governing board with respect to bidding and construction of capital improvement projects. Nothing in this subdivision (b)(1) shall prevent any of the foregoing institutions exempt from review and approval of the Building Authority Division from entering into an agreement with the Building Authority Division to provide reviews and approval of all items listed in subsection (a) of this section. (2) However, any of the foregoing boards which are exempt as set forth in subdivision (b)(1) of this section and which do not enter into an agreement with the Building Authority Division shall adopt policies and procedures involving the bidding and awarding of capital improvement contracts and shall furnish such policies and procedures to the Division of Higher Education for its review and advice. It is the intention of this section that any and all adopted policies and procedures pertaining to the bidding and awarding of capital improvement contracts from public funds as stated herein shall provide a uniformity among the foregoing institutions with respect to the policies and procedures to be followed.