22 CAR § 112-403. Invoice/pay request

(a)(1) All invoices and pay requests shall be submitted to the department and processed in accordance with Arkansas Code § 19-4-1401 et seq., and Arkansas Code § 22-9-201 et seq. (2) If the invoice or pay request is for partial pay, then the amount of retainage pursuant to Arkansas Code § 22-9-601 et seq., shall be withheld and shown on the invoice or pay request. (3) No amount of the retainage shall be released until the conditions under the law are met. (4) 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)(A) 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. (B) The contractor shall submit a copy with the final invoice or pay request to the department. (C) The agency shall then submit a copy to the Construction 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 Construction Section, including: (A) Final invoice or pay request indicating retainage release executed by the: (i) Contractor; (ii) Design professional; and (iii) Department; (B) One (1) copy of the certificate of substantial completion or approved phased substantial completion; and (C) Letter from the 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 (1) year; (ii) Roof installer’s or roofs installers’ warranty and the manufacturer’s warranty, if specified; (iii) Termite inspection certificate; (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); and (4)(A) Certification of final completion. (B) Certification of final completion will occur when the contractor, design professional, owner, and the Building Authority Division have signed and certified that the project meets final completion which includes all phases of the work, closeout documentation has been provided, and punch list items are complete. (C) 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).