(a)
(1) The borrower shall prepare:
- (A) Plans and specifications for constructing the proposed project; and
- (B) A final engineering design report on all significant elements of the project.
(2)
- (A) These documents shall conform to Recommended Standards for Sewage Works.
- (B) See 16 State Standards, latest edition as amended by Arkansas Natural Resources Commission minute orders.
- (3) The plans and specifications shall incorporate the accepted recommendations of any value engineering done according to 15 CAR § 26-401, relating to value engineering.
- (4) Two (2) copies of the documents shall be submitted to the commission staff.
(b) Initial submittal of plans and specifications.
- (1) Two (2) copies of the initial plans and specifications shall be submitted to the commission staff.
(2) The initial submittal shall be complete enough so that a contractor could develop an estimate of the project cost and will contain at least the following:
- (A) Plans:
- (i) Cover sheet identifying:
- (a) (a) Project;
- (b) (b) Commission staff's project number;
- (c) (c) Owner; and
(d) (d) Other pertinent information;
(ii) Vicinity map and site plan;
(iii) Sheets showing items of construction, including detailed drawings, plan/profile drawings, etc.; and
- (iv) Miscellaneous standard detail drawings; and
(B) Specifications:
- (i) Title page and table of contents identifying:
- (a) (a) Project;
(b) (b) Commission staff's project number;
(c) (c) Owner; and
(d) (d) Other pertinent information;
- (ii) The advertisement for bids and the information for bidders sections;
- (iii) Bid proposal listing items of construction, method of bidding, contract time, bid bond requirements, etc.;
- (iv)
- (a) (a) Contract documents including the agreement and separate payment and performance bonds.
(b) (b) Each bond must be for one hundred sixty percent (160%) of the contract amount;
(v) General conditions and CWRLF supplemental conditions; and
(vi) Detailed specifications including construction methods, equipment specifications, method of measurement, payment, etc.
- (c) Final plans and specifications. Besides the requirements for the initial submittal of plans and specifications, final plans and specifications shall contain the following:
(1) Provisions assuring compliance with the commission rules and policies and all relevant statues including a contractor's act of assurance form warranting compliance by the contractor with applicable:
- (A) Rules;
- (B) Policies; and
- (C) Statutes;
(2)
- (A) Provisions requiring the successful contractor and subcontractors to pay all laborers and mechanics employed on the project not less than the prevailing wage rates.
- (B) The wage rates are determined by the United States Secretary of Labor, according to the Davis-Bacon Act, 40 U.S.C. §§ 3141 – 3144, 3146, and 3147, or according to state prevailing wage requirements, as applicable;
- (3) Provisions providing for the borrower to retain a percentage of the progress payments otherwise due to the contractor until the building of the project is substantially complete and for a reduction in the retainage according to 15 CAR § 26-607, relating to retainage;
- (4) Provisions requiring the contractor to obtain and maintain the appropriate insurance coverage;
- (5) Provisions giving authorized representatives of the commission access to all such construction activities, books, records, documents, and other evidence of the contractor for inspection, audit, and copying during normal business hours;
- (6) Provisions for equal opportunity employment and utilization of MBE/WBE firms;
(7)
- (A) Language that shall release and hold harmless the commission and its officers, members, and employees from claims arising concerning the design, construction, and operation of the project.
- (B) This includes any matter due solely to the contractor's or borrower's negligence; and
- (8) Those conditions, specifications, and other provisions provided by or requested by the commission.
Codification Notes: "MBE/WBE" means minority business enterprise firms and women-owned business enterprise firms.