2019 Arkansas Code
Title 22 - Public Property
Chapter 2 - Building Authority Division Act
§ 22-2-107. Creation of Building Authority Division Sections
(a) There are created within the Building Authority Division the following sections which shall have the duties and responsibilities designated by the Secretary of the Department of Transformation and Shared Services and which may include, in relation to other provisions of this chapter, the duties and responsibilities respectively designated in this section:
(1) Construction Section. The Construction Section shall:
(A) Supervise the bidding and awarding of contracts for new construction and renovations for or by state agencies' capital improvements;
(B) Establish and maintain complete construction files on all jobs, including plans and specifications for alterations, renovations, and repairs of all capital improvements;
(C) Approve all proposed contracts, change orders, and final payments requests;
(D) Ensure that on-site observation of all construction projects, alterations, and repairs is accomplished on a regular basis and maintain records of those observations;
(E) Obtain and maintain construction inspection and observation reports from architects or engineers or their consultants from state agencies and institutions for all capital improvement construction projects;
(F)
(i) Conduct visits with the design professional to determine the responsibility and performance required by the contract documents.
(ii) On-site observations by design professionals shall concur with the contractor's payment request and shall be submitted in written form with the pay request.
(iii) The inspection and observation reports shall be as adopted by the secretary.
(iv) State agencies shall engage the services of licensed architects or engineers for all projects covered by the Arkansas Architectural Act, § 17-15-101 et seq., and the Arkansas Engineering Act, § 17-30-101 et seq.; and
(G) Ensure that the construction of all projects complies with the contract documents;
(2) Building Operations Section. The Building Operations Section shall:
(A) Operate, maintain, and manage public buildings as required by the provisions of this chapter or otherwise by law;
(B) Provide for maintenance and operation, including janitorial services for any buildings, structures, or grounds which are owned, leased, or managed by the division as may be required by the provisions of this chapter; and
(C) Develop and, upon adoption by the secretary, enforce procedures, standards, and criteria designed to standardize the level of maintenance on all public buildings and other capital improvements;
(3) Design Review Section. The Design Review Section shall:
(A) Establish procedures for the selection of engineering, environmental, architectural, and building design consultants' services by state agencies and by the division. The procedures shall ensure an equitable opportunity for all persons and firms;
(B) Encourage, within the rules of the state, the timely and expedient commitment and expenditure of appropriations for capital improvements;
(C) Establish standard fee schedules for design professional consultant services for capital improvements;
(D) Develop and establish minimum design standards and criteria, which shall be made available to all design professionals in the state;
(E) Utilize, require, or undertake studies concerning the needs for and costs of proposed capital improvements;
(F) Review and approve, consistent with the provisions of this chapter, contracts for design professional consultant services, preliminary plans, cost estimates, building programs, feasibility studies, and construction bid documents for capital improvements and mediate architectural and engineering design and construction-related problems;
(G) Assist in analyzing architectural and engineering design and construction problems at state-owned facilities;
(H) Ensure that state agencies shall engage the services of licensed architects and licensed engineers for capital improvement projects which are not exempted by the requirements of:
(i) The Arkansas Architectural Act, § 17-15-101 et seq.;
(ii) Section 17-30-101 et seq.; and
(iii) Section 22-9-101 et seq.; and
(I) The director shall employ within the Design Review Section the State Architect and the State Engineer who shall have sufficient private practice experience within their respective fields as well as be registered and licensed within the state; and
(4) Real Estate Services Section. The Real Estate Services Section shall:
(A) Develop and enforce minimum leasing, sale, and purchase of property standards and criteria for consideration and adoption by the secretary;
(B) Design standard lease forms to be approved by the secretary for use by state agencies as provided in this chapter;
(C) Assist state agencies and the secretary in determining and evaluating rental space needs and the allocation of space for state agencies;
(D) Conduct surveys to determine available rental space that meets minimum leasing standards and criteria and that may be available for use by state agencies;
(E) Otherwise carry out and administer those duties and responsibilities delegated to the Real Estate Services Section by the secretary and assist state agencies to ensure that rental space acquired and utilized by state agencies is acquired and utilized in a manner consistent with the intent of this chapter so that no state agency shall lease space that is not absolutely essential to the efficient performance of its duties and responsibilities; and
(F) Carry out and administer those duties and responsibilities involving the purchase or sale of property by state agencies that are under the jurisdiction of the division so as to ensure that the property is sold or purchased in a manner consistent with Arkansas laws and rules.
(b) The secretary may transfer the various duties and functions among the various sections of the division and effect any other organizational or administrative changes that may be necessary to bring about the efficient and effective implementation of this chapter.
