Arizona Revised Statutes Title 34 - Public Buildings And Improvements

Chapter 1 EMPLOYMENT OF SPECIAL SERVICES
Article 1 General Provisions

• § 34-101 Definitions
  In this title, unless the context otherwise requires: 1. " Agent" : (a) Means any county, city or town, or officer, board or commission...
• § 34-102 Multiple Contracts; Professional Services
  A. For professional services that are provided by a technical registrant, an agent may procure and award multiple contracts from a single solicitation under...
• § 34-103 Employment Of Technical Registrants For Work On Public Buildings And Structures; Direct Selection; Final List Selection; Public Competition
  A. An agent shall procure professional services from a technical registrant in the manner prescribed in chapter 6 of this title if either of...
• § 34-104 Contract With Architect; Proprietary Specifications; Penalty; Compensation
  A. The architect employed shall execute with the agent a contract to prepare working drawings and details and specifications for the proposed project, and...
• § 34-105 Guaranteed Energy Cost Savings Contracts; Definitions
  A. An agent may contract for the procurement of a guaranteed energy cost savings contract with a qualified provider. B. An agent may enter...

Chapter 2 EMPLOYMENT OF CONTRACTORS
Article 1 Bids and Estimates

• § 34-201 Notice Of Intention To Receive Bids And Enter Contract; Procedure; Doing Work Without Advertising For Bids; County Compliance
  A. Except as provided in subsections B through G and L of this section, every agent, on acceptance and approval of the working drawings...
• § 34-202 Bids By Contractors; Estimates When Work Not Done By Contract
  A. Proposals for construction of buildings or structures, or additions and alterations thereto, shall be accompanied by bids for all of the proposed work,...
• § 34-203 Failure To Comply; Civil Penalty
  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,...

Article 2 Contract

• § 34-221 Contract With Successful Bidder; Payments To Contractor And Design Professional; Security; Recovery Of Damages For Delay; Progress Payments; Definitions
  A. The agent shall enter into a contract with the lowest responsible bidder whose proposal is satisfactory, except that in determining the lowest responsible...
• § 34-222 Surety Bond Required; Suit On Bond; Limitations
  A. Except where specifically exempted by statute, before any contract is executed with any person for the construction, alteration, or repair of any public...
• § 34-223 Payment Bond Provisions
  A. Every claimant who has furnished labor or material in the prosecution of the work provided for in such contract in respect of which...
• § 34-224 Effect Of Article On Prior Contracts
  This article shall not apply to any contract awarded pursuant to any invitation for bids issued on or before the effective date of this...
• § 34-225 Governmental Mall; Private And Public Development; Construction Contracts; Limitations
  A political subdivision of the state may not authorize pursuant to its planning and zoning or other powers the private or public development of...
• § 34-226 State Preemption; Indemnity Agreements In Construction And Design Professional Services Contracts Void; Definitions
  A. The regulation and use of indemnity agreements in construction and design professional services contracts are of statewide concern. The regulation of indemnity agreements...
• § 34-227 Construction Contracts; Design Professional Services Contracts; Void Provisions
  A provision, covenant, clause or understanding in, collateral to or affecting a construction contract or a design professional service contract, as defined in section...

Article 3 Eligibility and Preference of Contractors and Subcontractors

• § 34-241 Eligibility Of Contractors On Public Works; Preferred Contractors; Eligibility Of Subcontractor; Definitions
  A. In awarding the contract for work to be paid for from public funds, bids of contractors, who are licensed under title 32, chapter...
• § 34-242 Preference For Locally Manufactured Materials In Awarding Contracts For Furnishing Materials
  A. In awarding contracts for furnishing materials to construct a building or structure, or additions to or alterations of existing buildings or structures, either...
• § 34-243 Preference For Materials Supplied By Resident Dealers In Awarding Contracts For Furnishing Materials
  In awarding contracts for furnishing materials to construct a building or structure, or additions to or alterations of existing buildings or structures, either directly...
• § 34-243.01 Effect Of Transaction Privilege And Use Taxes In Awarding Contracts For Furnishing Any Kind Of Equipment Or Materials Or Construction
  In awarding contracts for furnishing any kind of equipment or materials or construction to a political subdivision of this state, the amount of any...
• § 34-244 Provisions Inapplicable To Federal Aid Contracts When Federal Law Conflicts
  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...
• § 34-245 Provisions Inapplicable To Irrigation Districts
  The provisions of this article and sections 34-301 and 34-302 shall not apply to irrigation districts.
• § 34-246 Violations; Classification
  An officer of the state or political subdivision thereof or a person acting under or for such officer, or a contractor or subcontractor of...

Article 4 Contracts in Restraint of Trade or Commerce

• § 34-251 Definitions
  In this article, unless the context otherwise requires: 1. " Governmental agency" includes this state, agencies, boards, commissions, departments, institutions and political subdivisions of...
• § 34-252 Contract, Combination Or Conspiracy To Restrain Trade Or Commerce; Violation; Classification
  A. A person who enters into any contract, combination, conspiracy or other act in restraint of trade or commerce which is unlawful under title...
• § 34-253 Noncollusion Affidavits
  A governmental agency may require noncollusion affidavits from all bidders. The governmental agency shall specify the requirement for noncollusion affidavits in the call for...
• § 34-254 Civil Damages; Limitation
  A. Any governmental agency entering into a contract which is or was the subject of a contract, combination, conspiracy or other act prohibited by...
• § 34-255 Convicted Persons; Contracting Employment; Prohibition
  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...
• § 34-256 Persons Convicted; Service Prohibition
  A person is not eligible to serve as registrar of contractors or as a member of the contractors' recovery fund board who was convicted...
• § 34-257 Suspension From Bidding
  Any governmental agency may suspend for a period of up to three years from the date of conviction any person and any subsidiary or...
• § 34-258 Enforcement Jurisdiction
  The attorney general or a county attorney has jurisdiction to enforce the provisions of this article.

Chapter 3 EMPLOYEES ON PUBLIC WORKS
Article 1 Eligibility for Employment

• § 34-301 Employment Of Aliens On Public Works Prohibited
  A. A person not a citizen or ward of the United States shall not be employed upon or in connection with any state, county...
• § 34-302 Residence Requirements For Employees
  A. In performing contracts for public work executed by a political subdivision of this state, and in the performance of any work by a...

Article 2 Wages, Hours and Agreements

• § 34-321 Public Policy; Prevailing Wage Contract; Prohibited Agreements; Definitions
  A. The public interest in the rates of wages paid under public works contracts transcends local or municipal interests and is of statewide concern....

Chapter 4 STRUCTURE OF BUILDINGS
Article 1 State Buildings

• § 34-401 New And Renovated State Buildings; Automated External Defibrillators
  A. Any state building that is constructed or any state building that undergoes a major renovation at a cost of at least two hundred...

Article 3 Energy Conservation and Solar Design Standards

• § 34-451 Energy Conservation Standards For Public Buildings
  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...
• § 34-452 Solar Design Standards For State Buildings; Energy Life Cycle Costing
  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...
• § 34-453 Energy Performance Goals For State Buildings
  A. The department of administration shall apply energy conservation measures to and shall improve the design for the construction of capital projects so that...
• § 34-454 Establishment And Use Of Life Cycle Cost Methods And Procedures; Definition
  A. The director of the department of administration, in consultation with the Arizona commerce authority, shall establish practical and effective present value methods for...
• § 34-455 Performance Contracting; Definitions
  A. The department of administration shall develop and implement a program to enter into performance contracts solely for the purpose of achieving energy savings...
• § 34-456 Use Of Energy Savings; Definitions
  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...

Article 4 Building Codes

• § 34-461 Applicability Of Local Codes; Exception; Definition
  A. Public buildings shall be constructed in compliance with the state fire code unless a fire code has been adopted by the city, town,...
• § 34-462 Community College Buildings; Exemption From Building Codes
  Community college buildings are exempt from local building codes pursuant to section 34-461, subsection D.

Article 5 Lighting Standards for State

• § 34-471 Lighting Standards For State And Community College Buildings; Life Cycle Costing; Evaluation Standards; Shielding
  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...
• § 34-472 Exemptions
  This article does not apply to: 1. Any county, city or town. 2. Programs, projects or improvements of the state transportation board relating to...

Chapter 5 COMPUTER ACCESS
Article 1 Access by Minors

• § 34-501 Definitions
  In this article, unless the context otherwise requires: 1. " Child pornography" means the visual depiction of sexual exploitation of a minor as prescribed...
• § 34-502 Computer Access; Child Pornography; Visual Depictions Harmful To Minors; Obscene; Procedures
  A. A public school that provides a public access computer shall deploy and enforce a technology protection measure to prevent minors from gaining access...

Chapter 6 ARCHITECT SERVICES, ASSAYER SERVICES, CONSTRUCTION SERVICES, ENGINEER SERVICES, GEOLOGIST SERVICES, LANDSCAPE ARCHITECT SERVICES AND LAND SURVEYING SERVICES
Article 1 General Provisions

• § 34-601 Definitions
  In this chapter, unless the context otherwise requires: 1. " Contract" means all types of agent agreements, regardless of what they are called, for...
• § 34-602 Project Delivery Methods For Design And Construction Services
  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....
• § 34-603 Procurement Of Professional Services And Construction‑manager‑at‑risk, Design‑build And Job‑order‑contracting Construction Services; Definition
  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...
• § 34-604 Procurement Of Multiple Contracts For Certain Job‑order‑contracting Construction Services And Certain Professional Services; Definition
  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...
• § 34-605 Requirements Applicable To Construction Services And Professional Services And To Contracts For Construction Services And Professional Services; Definition
  A. The requirements prescribed in this section apply to each contract entered into as the result of a procurement under section 34-603, 34-604 or...
• § 34-606 Emergency Procurements
  Notwithstanding any other provision of this title, an agent may make or authorize others to make emergency procurements of architect services, construction-manager-at-risk construction services,...
• § 34-607 Multiterm Contracts For Job‑order‑contracting Construction Services
  A. A contract for construction services using the job-order-contracting method may be entered into for a period of up to five years, as deemed...
• § 34-608 Bid Security For Design‑build And Job‑order‑contracting Construction Services
  A. As a guarantee that the contractor will enter into a contract, bid security is required for all design-build construction services and all job-order-contracting...
• § 34-609 Contracts For Construction‑manager‑at‑risk, Design‑build And Job‑order‑contracting Construction Services; Payments To Contractor; Security; Recovery Of Damages By Contractor For Delay; Progress Payments
  A. An agent shall enter into a contract with the selected person or firm for construction-manager-at-risk construction services, design-build construction services or job-order-contracting construction...
• § 34-610 Construction‑manager‑at‑risk, Design‑build And Job‑order‑contracting Construction Services Surety Bond Required; Suit On Bond; Limitations
  A. Except if specifically exempted by statute, before an agent executes any contract with any person or firm for construction-manager-at-risk construction services, design-build construction...
• § 34-611 Payment Bonds For Construction‑manager‑at‑risk, Design‑build And Job‑order‑contracting Construction Services
  A. Every claimant who has furnished labor or material in the prosecution of the construction provided for in a contract for construction-manager-at-risk construction services,...
• § 34-612 Accounting Standards; Statutory Applicability
  A. Any construction by a county pursuant to this chapter shall comply with the uniform accounting system prescribed for counties by the auditor general...
• § 34-613 Failure To Comply; Civil Penalty
  A. An agent who knowingly and intentionally violates this chapter is liable for a civil penalty: 1. Except as provided in paragraph 2, of...

Last modified: October 13, 2016