Title 34, Public Buildings and Improvements

In this title, unless the context otherwise requires: 1. "Agent": (a) Means any county, city or town, or officer, board or commission of any county, city or town, and irrigation, power, electrical, drainage, flood protection and flood control districts, tax levying public improve…

A. For professional services that are provided by a technical registrant, an agent may procure and award multiple contracts from a single solicitation under section 34-103 or chapter 6 of this title, as applicable, except that professional services that are part of design-build c…

A. An agent shall procure professional services from a technical registrant in the manner prescribed in chapter 6 of this title if the contract is for an amount of more than five hundred thousand dollars. B. An agent may procure professional services from a technical registrant i…

A. The architect employed shall execute with the agent a contract to prepare working drawings and details and specifications for the proposed project, and to supervise its construction, unless the agent does not employ the architect to supervise the work. B. An architect shall no…

A. An agent may contract for the procurement of a guaranteed energy cost savings contract with a qualified provider. B. An agent may enter into a guaranteed energy cost savings contract with a qualified provider if the agent determines that the amount the agent would spend on the…

A. Except as provided in subsections B through G and L of this section, every agent, on acceptance and approval of the working drawings and specifications, shall publish a notice to contractors of intention to receive bids and contract for the proposed work. This notice shall be …

A. Proposals for construction of buildings or structures, or additions and alterations thereto, shall be accompanied by bids for all of the proposed work, signed by a responsible contractor and accompanied by a certified check, cashier's check, or surety bond. B. If the proposed …

A. An agent who knowingly violates the provisions of section 34-201 is liable for a civil penalty: 1. Except as provided in paragraph 2, not to exceed five thousand dollars for each violation. 2. On the effective date of this amendment to this section until July 1, 2009, not to e…

A. The agent shall enter into a contract with the lowest responsible bidder whose proposal is satisfactory, except that in determining the lowest responsible bidder under this section, the board of supervisors may consider, for not more than five projects, the time of completion …

A. Except where specifically exempted by statute, before any contract is executed with any person for the construction, alteration, or repair of any public building, a public work or improvement of any county, city or town, or officer, board or commission thereof, and irrigation,…

A. Every claimant who has furnished labor or material in the prosecution of the work provided for in a contract for which a payment bond is furnished under section 34-222, and who has not been paid in full for the labor or material for the work before the expiration of a period o…

This article shall not apply to any contract awarded pursuant to any invitation for bids issued on or before the effective date of this article or to any person or bonds in respect to any such contract, but rights, duties and obligations of parties arising under, or incidental to…

A political subdivision of this state may not authorize, pursuant to its planning and zoning or other powers, the private or public development of structures or sites or award a construction contract for new buildings or improvements within the governmental mall composed of the a…

A. The regulation and use of indemnity agreements in construction and design professional services contracts are of statewide concern. The regulation of indemnity agreements in construction and design professional services contracts pursuant to this section and their use are not …

A provision, covenant, clause or understanding in, collateral to or affecting a construction contract or a design professional service contract, as defined in section 34-226, that makes the contract subject to the laws of another state or that requires any litigation, arbitration…

A. In awarding the contract for work to be paid for from public funds, bids of contractors, who are licensed under title 32, chapter 1 or chapter 10, who have satisfactorily performed prior public contracts, and who have paid real or personal property taxes assessed under title 4…

A. In awarding contracts for furnishing materials to construct a building or structure, or additions to or alterations of existing buildings or structures, either directly or through a contractor or subcontractor, to any political subdivision of this state, to be paid for from pu…

In awarding contracts for furnishing materials to construct a building or structure, or additions to or alterations of existing buildings or structures, either directly or through a contractor, to any political subdivision of this state, to be paid for from public funds, the cont…

In awarding contracts for furnishing any kind of equipment or materials or construction to a political subdivision of this state, the amount of any applicable transaction privilege or use tax of a political subdivision of this state shall not be a factor in determining the lowest…

A. If any provision or condition of this article or section 34-301, 34-302 or 38-481 conflicts with any provision of federal law or any rule or regulation made under federal law pertaining to federal aid contracts, such provision or condition shall not apply on federal aid contra…

The provisions of this article and sections 34-301 and 34-302 shall not apply to irrigation districts.

An officer of the state or political subdivision thereof or a person acting under or for such officer, or a contractor or subcontractor of the state or political subdivision thereof, or any other person violating any provision of this article or sections 34-301, 34-302 or 38-481,…

In this article, unless the context otherwise requires: 1. "Governmental agency" includes this state, agencies, boards, commissions, departments, institutions and political subdivisions of this state, municipal corporations and all other public bodies which may enter into contrac…

A. A person who enters into any contract, combination, conspiracy or other act in restraint of trade or commerce which is unlawful under title 44, chapter 10, article 1 is guilty of a class 4 felony if the contract, combination, conspiracy or other unlawful act in restraint of tr…

A governmental agency may require noncollusion affidavits from all bidders. The governmental agency shall specify the requirement for noncollusion affidavits in the call for bids. Failure of any bidder to provide an affidavit to the governmental agency is grounds for disqualifica…

A. Any governmental agency entering into a contract which is or was the subject of a contract, combination, conspiracy or other act prohibited by title 44, chapter 10, article 1 has a right of action against the parties to the contract, combination, conspiracy or other act to rec…

A. For a period of up to three years from the date of conviction for a violation of section 34-252 as determined by the court, the person convicted is not eligible to enter into a contract with any governmental agency, either directly as a contractor or supplier or indirectly as …

A person is not eligible to serve as registrar of contractors or as a member of the contractors' recovery fund board who was convicted of a crime involving one of the following: 1. A contract, combination, conspiracy or other act in restraint of trade in the courts of this state …

Any governmental agency may suspend for a period of up to three years from the date of conviction any person and any subsidiary or affiliate of any person from further bidding to the agency and from being a subcontractor to a contractor with the agency or a supplier to the agency…

The attorney general or a county attorney has jurisdiction to enforce the provisions of this article.

A. A person not a citizen or ward of the United States shall not be employed upon or in connection with any state, county or municipal works or employment. B. This section shall not be construed to prevent the working of prisoners by the state or a county or municipality thereof …

A. In performing contracts for public work executed by a political subdivision of this state, and in the performance of any work by a political subdivision of this state, there shall be employed only persons who are and have been for not less than one year bona fide residents of …

A. The public interest in the rates of wages paid under public works contracts transcends local or municipal interests and is of statewide concern. B. Agencies and political subdivisions of this state shall not by regulation, ordinance or in any other manner require public works …

A. Any state building that is constructed or any state building that undergoes a major renovation at a cost of at least two hundred fifty thousand dollars after the effective date of this section must be equipped with automated external defibrillators. B. For fiscal year 2003-200…

A. The governor's energy office in consultation with persons responsible for building systems shall adopt and publish energy conservation standards for construction of all new capital projects as defined in section 41-790, including buildings designed and constructed by school di…

A. Capital projects as defined in section 41-790 including buildings designed and constructed by the department of administration, school districts and universities and containing over six thousand square feet shall include a written evaluation of the following solar energy featu…

A. The department of administration shall apply energy conservation measures to and shall improve the design for the construction of capital projects so that the energy consumption per gross square foot in use during fiscal year 1992-1993 is at least ten per cent less than the en…

A. The director of the department of administration, in consultation with the Arizona commerce authority, shall establish practical and effective present value methods for estimating and comparing life cycle costs for state capital projects, using the sum of all capital and opera…

A. The department of administration shall develop and implement a program to enter into performance contracts solely for the purpose of achieving energy savings as measured in dollars and benefits ancillary to that purpose. Each contract may be for a period of not more than the e…

A. Fifty per cent of the amount of after-contract cost savings realized by the department of administration for that year from contracts entered into pursuant to section 34-455 shall remain available without further appropriation to undertake additional energy conservation measur…

A. Public buildings shall be constructed in compliance with the state fire code or, if at the request of a school district or charter school, the office of the state fire marshal may authorize through an intergovernmental agreement with a city, town, county or fire district in wh…

Community college buildings are exempt from local building codes pursuant to section 34-461, subsection D.

A. All new state capital projects as defined in section 41-790, including buildings designed and constructed by the department of administration, the department of transportation, community college districts and universities and major renovations for those entities involving ligh…

This article does not apply to: 1. Any county, city or town. 2. Programs, projects or improvements of the state transportation board relating to the construction, reconstruction, improvement or maintenance of state highways or bridges and interstate system highways. 3. Constructi…

In this article, unless the context otherwise requires: 1. "Child pornography" means the visual depiction of sexual exploitation of a minor as prescribed in section 13-3553. 2. "Harmful to minors" has the same meaning prescribed in section 13-3501. 3. "Obscene" has the same meani…

A. A public school that provides a public access computer shall deploy and enforce a technology protection measure to prevent minors from gaining access to visual depictions that are child pornography, harmful to minors or obscene. The governing board of every school district sha…

In this chapter, unless the context otherwise requires: 1. "Contract" means all types of agent agreements, regardless of what they are called, for the procurement of assayer services, construction services, design services, geologist services or land surveying services. 2. "Contr…

A. An agent may procure design services, construction and construction services, as applicable, under any of the following project delivery methods: 1. Design-bid-build. 2. Construction-manager-at-risk. 3. Design-build. 4. Job-order-contracting. B. Except as provided in section 4…

A. Except for services that are under a single contract and that an agent procures pursuant to section 34-103 or 34-606, an agent shall procure a single contract for the following services pursuant to this section: 1. Architect services. 2. Construction-manager-at-risk constructi…

A. Except for multiple contracts an agent procures pursuant to section 34-103, section 34-606 or this section, an agent shall not procure in a single procurement multiple contracts for construction services or professional services. In a procurement under this section, there is a…