A.R.S. § 34-502 — Arizona Code / Title 34 / Chapter 5 / Article 1 / Section 502
34-502 Computer access; child pornography; visual depictions harmful to minors; obscene; procedures
Status: in_force

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 to visual depictions that are child pornography, harmful to minors or obscene. The governing board of every school district shall prescribe policies, standards and rules for the enforcement of this subsection.  Every school district shall make its policies, standards and rules available to the public.

B. A public library that provides a public access computer shall do both of the following:

1. 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.

2. Deploy and enforce a technology protection measure to prevent anyone from gaining access to visual depictions that are child pornography or obscene.

C. An administrator, supervisor or other representative of a public library may disable a technology protection measure described in subsection B of this section if both of the following apply:

1. The request is from a library patron who is not a minor.

2. The technology is disabled only to enable access for research or other lawful purposes.

D. The director of the Arizona state library, archives and public records shall adopt rules for the enforcement of subsection B of this section.  The director of the Arizona state library, archives and public records shall make the rules available to the public.  A public library shall post the rules and its policies in a conspicuous place for library patrons to view.

E. A governing body that operates a public library shall develop a policy for the library to implement the rules developed pursuant to subsection D of this section that are adopted at an open meeting. The governing body shall review the policy at least every three years. The policy shall:

1. State that it restricts access to internet or online sites that contain material described in this section.

2. State how the library intends to meet the requirements of this section.

3. Require the public library to inform patrons that administrative procedures and guidelines for the staff to follow in enforcing the rules have been adopted and are available for review at the library.

4. Require the public library to inform patrons that procedures for use by patrons and staff to handle complaints about the rule, its enforcement or about observed patron behavior have been adopted and are available for review at the library.

F. A public school that complies with subsection A of this section or a public library that complies with subsection B of this section shall not be criminally liable or liable for any damages that might arise from a minor gaining access to visual depictions that are child pornography, harmful to minors or obscene through the use of a public access computer that is owned or controlled by the public school or public library.

G. If the state board of education or the superintendent of public instruction determines that a school district or charter school is in violation of subsection A of this section, the state board of education or the superintendent of public instruction shall notify the school district or charter school that it is in violation of subsection A of this section.  If the state board of education or the superintendent of public instruction determines that the school district or charter school has failed to comply with subsection A of this section within sixty days after a notice has been issued pursuant to this subsection, the state board of education or the superintendent of public instruction may direct the department of education to withhold up to ten per cent of the monthly apportionment of state aid that would otherwise be due the school district or charter school.  The department of education shall adjust the school district or charter school's apportionment accordingly. When the state board of education or the superintendent of public instruction determines that the school district or charter school is in compliance with subsection A of this section, the department of education shall restore the full amount of state aid payments to the school district or charter school.

H. If the governing body that operates a public library determines that the public library is in violation of subsection B of this section, the governing body shall notify the public library that it is in violation of subsection B of this section.  If the governing body determines that the public library has failed to comply with subsection B of this section within sixty days after a notice has been issued pursuant to this subsection, the governing body may direct the appropriate department or agency to withhold up to ten per cent of the monthly apportionment of public monies that would otherwise be due to the public library.  When the governing body determines that the public library is in compliance with subsection B of this section, the governing body shall restore the full amount of public monies to the public library.
A.R.S. § 34-101 — Arizona Code / Title 34 / Chapter 1 / Article 1 / Section 101
34-101 Definitions
Status: in_force

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 of any county, city or town, and irrigation, power, electrical, drainage, flood protection and flood control districts, tax levying public improvement districts and county or city improvement districts.

(b) Includes any county board of supervisors and any representative authorized by an agent to act as an agent for the purpose of authorizing necessary change orders to previously awarded contracts in accordance with guidelines established by rule of the agent, including the board of supervisors.

2. "Architect services" means those professional architect services that are within the scope of architectural practice as provided in title 32, chapter 1.

3. "Construction":

(a) Means the process of building, altering, repairing, improving or demolishing any public structure or building or other public improvements of any kind to any public real property.

(b) Does not include the routine operation, routine repair or routine maintenance of existing facilities, structures, buildings or real property.

4. "Construction-manager-at-risk" means a project delivery method in which:

(a) There is a separate contract for design services and a separate contract for construction services, except that instead of a single contract for construction services, the agent may elect separate contracts for preconstruction services during the design phase, for construction during the construction phase and for any other construction services.

(b) The contract for construction services may be entered into at the same time as the contract for design services or at a later time.

(c) Design and construction of the project may be either:

(i) Sequential with the entire design complete before construction commences.

(ii) Concurrent with the design produced in two or more phases and construction of some phases commencing before the entire design is complete.

(d) Finance services, maintenance services, operations services, preconstruction services and other related services may be included.

5. "Construction services" means either of the following for construction-manager-at-risk, design-build and job-order-contracting project delivery methods:

(a) Construction, excluding services, through the construction-manager-at-risk or job-order-contracting project delivery methods.

(b) A combination of construction and, as elected by the agent, one or more related services, such as finance services, maintenance services, operations services, design services and preconstruction services, as those services are authorized in the definitions of construction-manager-at-risk, design-build or job-order-contracting in this section.

6. "Contract" means all types of agent agreements, regardless of what they are called, for the procurement of services pursuant to this title.

7. "Contractor" means any person who has a contract with an agent.

8. "Design-bid-build" means a project delivery method in which:

(a) There is a sequential award of two separate contracts.

(b) The first contract is for design services.

(c) The second contract is for construction.

(d) Design and construction of the project are in sequential phases.

(e) Finance services, maintenance services and operations services are not included.

9. "Design-build" means a project delivery method in which:

(a) There is a single contract for design services and construction services, except that instead of a single contract for design services and construction services, the agent may elect separate contracts for preconstruction services and design services during the design phase, for construction and design services during the construction phase and for any other construction services.

(b) Design and construction of the project may be either:

(i) Sequential with the entire design complete before construction commences.

(ii) Concurrent with the design produced in two or more phases and construction of some phases commencing before the entire design is complete.

(c) Finance services, maintenance services, operations services, preconstruction services and other related services may be included.

10. "Design professional" means an individual or firm that is registered by the state board of technical registration pursuant to title 32, chapter 1 to practice architecture, engineering, geology, landscape architecture or land surveying or any combination of those professions and persons employed by the registered individual or firm.

11. "Design requirements":

(a) Means at a minimum the agent's written description of the project or service to be procured, including:

(i) The required features, functions, characteristics, qualities and properties.

(ii) The anticipated schedule, including start, duration and completion.

(iii) The estimated budgets applicable to the specific procurement for design and construction and, if applicable, for operation and maintenance.

(b) May include:

(i) Drawings and other documents illustrating the scale and relationship of the features, functions and characteristics of the project, which shall all be prepared by a design professional who is registered pursuant to section 32-121.

(ii) Additional design information or documents that the agent elects to include.

12. "Design services" means architect services, engineer services or landscape architect services.

13. "Direct selection" means the selection of a technical registrant without the requirement of advertising or the use of a current register.

14. "Engineer services" means those professional engineer services that are within the scope of engineering practice as provided in title 32, chapter 1.

15. "Finance services" means financing for a construction services project.

16. "Horizontal construction" means construction of highways, roads, streets, bridges, canals, floodways, earthen dams, landfills, light rail and airport runways, taxiways and aprons. For the purposes of this paragraph, light rail does not include any related rail stations, maintenance facilities or parking facilities.

17. "Job-order-contracting" means a project delivery method in which:

(a) The contract is a requirements contract for indefinite quantities of construction.

(b) The construction to be performed is specified in job orders issued during the contract.

(c) Finance services, maintenance services, operations services, preconstruction services, design services and other related services may be included.

18. "Landscape architect services" means those professional landscape architect services that are within the scope of landscape architectural practice as provided in title 32, chapter 1.

19. "Maintenance services" means routine maintenance, repair and replacement of existing facilities, structures, buildings or real property.

20. "Materials":

(a) Means all property, including equipment, supplies, printing, insurance and leases of property.

(b) Does not include land, a permanent interest in land or real property or leasing space.

21. "Operations services" means routine operation of existing facilities, structures, buildings or real property.

22. "Person" means any corporation, business, individual, union, committee, club, other organization or group of individuals.

23. "Preconstruction services" means services and other activities during the design phase.

24. "Procurement":

(a) Means buying, purchasing, renting, leasing or otherwise acquiring any materials, services, construction or construction services.

(b) Includes all functions that pertain to obtaining any materials, services, construction or construction services, including description of requirements, selection and solicitation of sources, preparation and award of contract and all phases of contract administration.

25. "Public competition" means a competitive procurement process pursuant to section 34-103, subsection G that includes advertising in a public newspaper and a qualification-based selection process.

26. "Services":

(a) Means the furnishing of labor, time or effort by a contractor or subcontractor that does not involve the delivery of a specific end product other than required reports and performance.

(b) Does not include employment agreements or collective bargaining agreements.

27. "Subcontractor" means a person who contracts to perform work or render service to a contractor or to another subcontractor as a part of a contract with an agent.

28. "Technical registrant" means a person who provides any of the professional services listed in title 32, chapter 1.
A.R.S. § 34-613 — Arizona Code / Title 34 / Chapter 6 / Article 1 / Section 613
34-613 Failure to comply; civil penalty
Status: in_force

34-613. Failure to comply; civil penalty

A. An agent who knowingly and intentionally violates this chapter is liable for a civil penalty of not more than:

1. Ten thousand dollars for a first violation.

2. Twenty-five thousand dollars for a second violation.

3. Seventy-five thousand dollars for a third violation.

B. All monies collected from the civil penalty shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.  The attorney general shall bring an action to recover the penalty in the name of this state in the superior court in the county in which the violation occurred.  The attorney general shall bring any appropriate civil action to enjoin a threatened or pending violation of this chapter.
A.R.S. § 34-302 — Arizona Code / Title 34 / Chapter 3 / Article 1 / Section 302
34-302 Residence requirements for employees
Status: in_force

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 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 the state.

B. Contractors or subcontractors may employ on such work not to exceed three regularly employed nonresident executives and technical experts, or when bona fide residents of the state are not available for such employment and the authorized representative of the industrial commission so certifies, persons who are not qualified under this section may be employed until there are available a sufficient number of employees who qualify.
A.R.S. § 34-454 — Arizona Code / Title 34 / Chapter 4 / Article 3 / Section 454
34-454 Establishment and use of life cycle cost methods and procedures; definition
Status: in_force

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 estimating and comparing life cycle costs for state capital projects, using the sum of all capital and operating expenses associated with the energy system of the building involved over the expected life of the system or during a period of twenty-five years, whichever is shorter, and using average fuel costs and a discount rate determined by the director. The director shall develop and prescribe the procedures to be followed in applying and implementing the methods and procedures established by this subsection.

B. The design of new capital projects and the application of energy conservation measures to existing capital projects shall be made using life cycle cost methods and procedures established pursuant to subsection A.

C. In leasing buildings preference shall be given to buildings which minimize life cycle costs.

D. For the purposes of this section, "life cycle cost" means the total cost of owning, operating and maintaining a building over its useful life, including such costs as fuel, energy, labor and replacement components determined on the basis of a systematic evaluation and comparison of alternative building systems, except that in the case of leased buildings, the life cycle costs shall be calculated over the effective remaining term of the lease.
A.R.S. § 34-501 — Arizona Code / Title 34 / Chapter 5 / Article 1 / Section 501
34-501 Definitions
Status: in_force

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 in section 13-3553.

2. "Harmful to minors" has the same meaning prescribed in section 13-3501.

3. "Obscene" has the same meaning prescribed in 20 United States Code section 9101.

4. "Public access computer" means a computer that is all of the following:

(a) Located in a public school or public library.

(b) Authorized for use by or available for use by a minor.

(c) Connected to any computer communication system.

(d) Visible to a minor.

5. "Technology protection measure" means a technology that blocks or filters internet access to visual depictions.
A.R.S. § 34-462 — Arizona Code / Title 34 / Chapter 4 / Article 4 / Section 462
34-462 Community college buildings; exemption from building codes
Status: in_force

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.
A.R.S. § 34-223 — Arizona Code / Title 34 / Chapter 2 / Article 2 / Section 223
34-223 Payment bond provisions
Status: in_force

34-223. Payment bond provisions

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 of ninety days after the day on which the last of the labor was done or performed by the claimant or material was furnished or supplied by the claimant for which the claim is made, shall have the right to sue on the payment bond for the amount, or the balance of the amount, unpaid at the time of institution of the suit and to prosecute the action to final judgment for the sum or sums justly due the claimant, and have execution thereon, provided however that any claimant who has a direct contractual relationship with a subcontractor of the contractor furnishing the payment bond but not a contractual relationship express or implied with the contractor has a right of action on the payment bond on giving the contractor the following notices:

1. A written preliminary twenty-day notice, as provided for in section 33-992.01, subsection C, paragraphs 1, 2, 3 and 4 and subsections E, F and H.

2. A written ninety-day notice given within ninety days after the date on which the claimant performed the last of the labor or furnished or supplied the last of the material for which the claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. The ninety-day notice shall be given by any means that provides written, third-party verification of delivery to the contractor at any place the contractor maintains an office or conducts business, or at the contractor's residence.

B. Every suit instituted under this section shall be brought in the name of the claimant but no such suit shall be commenced after the expiration of one year after the date on which the last of the labor was performed or materials were supplied by the person bringing this suit.

C. On written application, the contracting body and the agent in charge of its office shall furnish to any person that states the person has supplied labor or materials for the work, and payment for the labor or materials for the work has not been made, or is being sued on the bond, or is the surety on the bond, a certified copy of the bond and the contract for which the bond was given.  The copy is prima facie evidence of the contents, execution and delivery of the original. Applicants shall pay for the certified copies and the reasonable fees that the contracting body or the agent in charge of its office fixes to cover the actual cost of preparation of the certified copies.
A.R.S. § 34-224 — Arizona Code / Title 34 / Chapter 2 / Article 2 / Section 224
34-224 Effect of article on prior contracts
Status: in_force

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 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, bonds executed prior to such effective date shall continue to be governed by the prior statutes applicable to such bonds.
A.R.S. § 34-453 — Arizona Code / Title 34 / Chapter 4 / Article 3 / Section 453
34-453 Energy performance goals for state buildings
Status: in_force

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 the energy consumption per gross square foot in use during fiscal year 1992-1993 is at least ten per cent less than the energy consumption per gross square foot in use during fiscal year 1985-1986.

B. The department of administration may exclude from the requirements of subsection A any capital project or portion of a capital project in which energy intensive activities are carried out. The department of administration shall identify and list those exclusions.

C. The department of administration shall report on energy conservation related activities in the annual state capital improvement plan.
A.R.S. § 34-461 — Arizona Code / Title 34 / Chapter 4 / Article 4 / Section 461
34-461 Applicability of local codes; exceptions; definition
Status: in_force

34-461. Applicability of local codes; exceptions; definition

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 which the school district or charter school building is located to impose the fire code adopted by the city, town, county or fire district on school district or charter school buildings. An intergovernmental agreement entered into pursuant to this subsection may allow the city, town, county or fire district to conduct regularly scheduled fire safety inspections. Public buildings shall be constructed in compliance with applicable building, plumbing, electrical, fire and mechanical codes adopted by the city, town, county or fire district in which the building is located. The owner of the public building is subject to the same fees required of other persons. Public buildings are subject to inspection during construction pursuant to these codes to determine compliance.

B. If a public building is built in an area that has not adopted local codes, the building shall be designed or constructed according to the state fire code adopted by the office of the state fire marshal and the building, plumbing, electrical and mechanical codes that apply in the largest city in the county in which the building is located.

C. Public buildings are subject to those codes that apply and are in effect when the building is designed or constructed and to the currently adopted codes when a building is found to be structurally unsafe, without adequate egress or a fire hazard or is otherwise dangerous to human life.

D. Subsections A and B of this section do not apply to state owned buildings except for the application of the fire code in effect where a state owned building is located.  In complying with the applicable codes pursuant to subsections A and B of this section, the permitting process and fees do not apply to a public school district owned building in a county with a population of more than seven hundred fifty thousand persons but less than two million persons except for the application of the design and permitting process and any fee required of a fire code in effect where such a public school district owned building is located. State department of corrections facilities are exempt from the application of the local fire code in the absence of an intergovernmental agreement between the state department of corrections and the governmental entity responsible for enforcing any local fire code.

E. Notwithstanding subsection A of this section, cities prescribed in section 37-1383, subsection A, paragraph 5 do not have authority that supersedes and are not exempt from the office of the state fire marshal's established fire code in state or county owned buildings wherever located throughout this state.

F. Notwithstanding subsection A of this section, buildings and properties owned by the Arizona board of regents or a university under its jurisdiction are exempt from any city, town, county or fire district fire code in the absence of an intergovernmental agreement between the Arizona board of regents or the university and the city, town, county or fire district.

G. If the office of the state fire marshal enters into an intergovernmental agreement pursuant to subsection A of this section, a school district or charter school may choose to have the plan review, permitting and any related inspections or any regularly scheduled fire safety inspections completed by either the office of the state fire marshal or the city, town, county or fire district. If the school district or charter school chooses to have the city, town, county or fire district perform the plan review, permitting and any related inspections or the regularly scheduled fire safety inspections, the city, town, county or fire district shall inform the school district or charter school of any fees associated with the inspection process.

H. This section does not preclude a public school district in a county with a population of more than seven hundred fifty thousand persons but less than two million persons from submitting, at its discretion, to the building design or construction permitting process of the appropriate local government entity for any given project. A public school district making such a decision is subject to subsections A and B of this section and the permit and code compliance requirements of the local government entity, including inspections and fee payments that may be required, for the duration of the project that the district submitted to the local government entity.

I. Public school districts in a county with a population of more than seven hundred fifty thousand persons but less than two million persons shall adopt policies to provide requirements to be followed by licensed or registered contractors or employees in order to ensure that construction projects are in compliance with the applicable codes pursuant to subsections A and B of this section and that records required by code or law for a given project are completed and maintained by the applicable district.  At a minimum, these policies shall:

1. Include the method by which the public school district will notify the appropriate local government unit or units, and retain a record of the notification, that the public school district will not be using the permitting process for a given project pursuant to subsection D of this section.

2. Prohibit a construction contractor from serving as a district's inspector and code compliance official on the same project for which the contractor is providing construction services.

3. Require the architect of record for a given district project to be responsible for signing the certificate of occupancy when such a certificate is required for that particular project.

J. For the purposes of this section, "public building" means a building or appurtenance to a building that is built in whole or in part with public monies.
A.R.S. § 34-472 — Arizona Code / Title 34 / Chapter 4 / Article 5 / Section 472
34-472 Exemptions
Status: in_force

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 the construction, reconstruction, improvement or maintenance of state highways or bridges and interstate system highways.

3. Construction or major renovation of the state capitol building as defined in section 41-790.
A.R.S. § 34-254 — Arizona Code / Title 34 / Chapter 2 / Article 4 / Section 254
34-254 Civil damages; limitation
Status: in_force

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 title 44, chapter 10, article 1 has a right of action against the parties to the contract, combination, conspiracy or other act to recover damages as provided in this section. The governmental agency may proceed jointly or severally in a civil action against any one or more of the parties for recovery of the full amount of the damages. There is no right to contribution among parties not named as defendants by the governmental agency.

B. At the election of the governmental agency, the agency may recover either the actual damages trebled or ten per cent of the contract price trebled and as determined by the court taxable costs, reasonable attorney's fees and expenses.

C. The cause of action accrues at the time of discovery by the governmental agency of the unlawful contract, combination, conspiracy or other unlawful act. The agency shall bring the action within four years of the date of accrual of the cause of action.
A.R.S. § 34-471 — Arizona Code / Title 34 / Chapter 4 / Article 5 / Section 471
34-471 Lighting standards for state and community college buildings; life cycle costing; evaluation standards; shielding
Status: in_force

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 transportation, community college districts and universities and major renovations for those entities involving lighting systems, shall include efficient and effective lighting systems as determined by an evaluation based on the illuminating engineering society of North America lighting handbook and recommended practices.

B. Life cycle costs as defined in section 34-454 shall be used to evaluate the design, equipment and materials that are considered pursuant to subsection A of this section.

C. All outdoor light fixtures that are owned and operated by this state and that are subject to the requirements of subsection A of this section shall be fully shielded as defined in section 49-1101, except that outdoor light fixtures that are used to illuminate sports facilities that are used by an educational institution shall be fully or partially shielded as defined in section 49-1101.  This subsection does not apply to those outdoor light fixtures that are not required to be shielded pursuant to section 49-1102.
A.R.S. § 34-257 — Arizona Code / Title 34 / Chapter 2 / Article 4 / Section 257
34-257 Suspension from bidding
Status: in_force

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 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 if that person or any officer, director, employee or agent of that person is convicted of entering into any contract, combination, conspiracy or other unlawful act in restraint of trade or commerce in the courts in this state, or of similar charges in any federal court or a court in any other state.
A.R.S. § 34-203 — Arizona Code / Title 34 / Chapter 2 / Article 1 / Section 203
34-203 Failure to comply; civil penalty
Status: in_force

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, 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 exceed:

(a) Ten thousand dollars for a first violation.

(b) Twenty-five thousand dollars for a second violation.

(c) Seventy-five thousand dollars for a third violation.

B. All monies collected from the civil penalty shall be deposited in the state general fund. The attorney general shall bring an action to recover the penalty in the name of this state in the superior court in the county in which the violation occurred. The attorney general shall bring any appropriate civil action to enjoin a threatened or pending violation of this article.
A.R.S. § 34-601 — Arizona Code / Title 34 / Chapter 6 / Article 1 / Section 601
34-601 Definitions
Status: in_force

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 the procurement of assayer services, construction services, design services, geologist services or land surveying services.

2. "Contractor" means any person who has a contract with an agent for assayer services, construction services, design services, geologist services or land surveying services.
A.R.S. § 34-452 — Arizona Code / Title 34 / Chapter 4 / Article 3 / Section 452
34-452 Solar design standards for state buildings; energy life cycle costing
Status: in_force

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 over six thousand square feet shall include a written evaluation of the following solar energy features:

1. Proper site orientation.

2. Utilization of active and passive solar energy systems for space heating.

3. Utilization of solar water heating.

4. Utilization of solar daylighting devices as defined in section 44-1761.

B. Energy life cycle costing shall be used to evaluate all solar energy and energy conservation design, equipment and materials that are considered for constructing new state buildings and in the scheduled remodeling of existing state buildings.
A.R.S. § 34-102 — Arizona Code / Title 34 / Chapter 1 / Article 1 / Section 102
34-102 Multiple contracts; professional services
Status: in_force

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 section 34-103 or  chapter 6 of this title, as applicable, except that professional services that are part of design-build construction services may not be procured under this subsection.  Each of the multiple contracts for professional services that are procured in a procurement must have a term not exceeding five years after the date of the contract award of the first contract under the procurement and may continue in effect after the five year term for professional services on projects commenced within the five year term.

B. In a solicitation for multiple contracts for professional services by technical registrants, the agent may award all of the multiple contracts to one contractor or may award the multiple contracts to multiple contractors.

C.  Multiple contracts for the same job-order-contracting construction services to be awarded to separate persons or firms may be procured in a single solicitation as provided in section 34-604.
A.R.S. § 34-246 — Arizona Code / Title 34 / Chapter 2 / Article 3 / Section 246
34-246 Violations; classification
Status: in_force

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 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, is guilty of a class 2 misdemeanor.
A.R.S. § 34-321 — Arizona Code / Title 34 / Chapter 3 / Article 2 / Section 321
34-321 Public policy; prevailing wage contract; prohibited agreements; definitions
Status: in_force

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.

B. Agencies and political subdivisions of this state shall not by regulation, ordinance or in any other manner require public works contracts to contain a provision requiring the wages paid by the contractor or any subcontractor to be not less than the prevailing rate of wages for work of a similar nature in the state or political subdivision where the project is located.

C. Agencies and political subdivisions of this state shall not require in any public works contracts that a contractor, subcontractor, material supplier or carrier engaged in the construction, maintenance, repair or improvement of public works do any of the following as a condition of or a factor in bidding, negotiating, being awarded or performing work on a public works contract:

1. Negotiate, execute or otherwise become a party to any project labor agreement or other agreement with employees, employees' representatives or any labor organization.

2. Enter into a neutrality agreement with any labor organization.

3. Participate in or contribute to an apprenticeship program that is registered with the United States department of labor.

D. Subsection C of this section does not:

1. Prohibit private parties from entering into individual collective bargaining relationships.

2. Regulate or interfere with activity protected by law, including the national labor relations act.

E. For the purposes of this section:

1. "Agency" has the same meaning prescribed in section 41-1001.

2. "Neutrality agreement" includes an agreement to remain neutral toward any labor organization, release private employee information not required by federal labor law, allow access to property beyond what is required by federal labor law and recognize a labor organization without a secret ballot election conducted pursuant to federal labor law.

3. "Political subdivision" means a city, charter city, town, county, school district, community college district, multi-county water conservation district, industrial development authority or special taxing district established pursuant to title 48 that is primarily supported by taxes.

4. "Project labor agreement" means any prehire, collective bargaining, model construction or similar type of agreement entered into with one or more labor organizations, employees or employee representatives that establishes the terms and conditions of employment on a construction project.

5. "Public works contract" means a contract to which this state or a political subdivision is a party involving the employment of laborers, workmen or mechanics in the construction, alteration or repair of public buildings or improvements.
A.R.S. § 34-401 — Arizona Code / Title 34 / Chapter 4 / Article 1 / Section 401
34-401 New and renovated state buildings; automated external defibrillators
Status: in_force

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 fifty thousand dollars after the effective date of this section must be equipped with automated external defibrillators.

B. For fiscal year 2003-2004 and each fiscal year thereafter, the joint legislative budget committee and the governor's office of strategic planning and budgeting shall include funding for the placement of automated external defibrillators in capital budgets for new state buildings.
A.R.S. § 34-225 — Arizona Code / Title 34 / Chapter 2 / Article 2 / Section 225
34-225 Governmental mall; private and public development; construction contracts; limitations
Status: in_force

34-225. Governmental mall; private and public development; construction contracts; limitations

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 area described in section 41-1362 without a request for permission from, and written approval by, the director of the department of administration.
A.R.S. § 34-253 — Arizona Code / Title 34 / Chapter 2 / Article 4 / Section 253
34-253 Noncollusion affidavits
Status: in_force

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 bids. Failure of any bidder to provide an affidavit to the governmental agency is grounds for disqualification of his bid.
A.R.S. § 34-455 — Arizona Code / Title 34 / Chapter 4 / Article 3 / Section 455
34-455 Performance contracting; definitions
Status: in_force

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 as measured in dollars and benefits ancillary to that purpose. Each contract may be for a period of not more than the expected life of the energy savings measures implemented or twenty-five years, whichever is shorter. The contract shall provide that the energy and operational savings generated cover all costs, after accounting for any financial incentives or assistance provided by utilities, associated with implementation of energy conservation measures to include audits, design equipment, purchase and installation, metering, interest on monies borrowed and training, and the contract shall include contractor profit. The contractor shall recover an amount not to exceed the summation of these costs and the agreed upon profit. Energy dollar savings realized as a result of a performance contract under this section shall be shared at a negotiated rate between the state and the contractor, until such time as the contractor has recovered the amount specified in the contract, at which time all savings shall accrue to the state. Interest rates charged on each contract shall be mutually agreed upon by the department of administration and the contractor. Contracts shall contain contingency provisions agreed upon by the department and the contractor for cases where measured energy dollar savings do not meet predicted energy dollar savings.

B. For the purposes of this section:

1. "Combined heat and power" means any system that simultaneously or sequentially generates both electric or mechanical energy and useful thermal energy using the same unit of fuel.

2. "Energy dollar savings" means a reduction in the cost of energy, from a base energy cost established through a methodology set forth in the contract, utilized in an existing or new state owned or leased building as a result of either:

(a) The lease or purchase of operating equipment by the state or contractor, improvements made, altered operation and maintenance, technical services provided or renewable energy sources utilized.

(b) The increased efficient use of existing energy sources by cogeneration or combined heat and power.
A.R.S. § 34-202 — Arizona Code / Title 34 / Chapter 2 / Article 1 / Section 202
34-202 Bids by contractors; estimates when work not done by contract
Status: in_force

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, signed by a responsible contractor and accompanied by a certified check, cashier's check, or surety bond.

B. If the proposed work is not to be done by contract, the accepted completed plans and specifications shall be estimated by a person specially qualified for that purpose and appointed by the agent for that purpose.
A.R.S. § 34-606 — Arizona Code / Title 34 / Chapter 6 / Article 1 / Section 606
34-606 Emergency procurements
Status: in_force

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, design-bid-build construction services, design-build construction services, engineer services, job-order-contracting construction services, landscape architect services, assayer services, geologist services or land surveying services if a threat to the public health, welfare or safety exists or if a situation exists that makes compliance with this title impracticable, unnecessary or contrary to the public interest, except that these emergency procurements shall be made with such competition as is practicable under the circumstances.  A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.
A.R.S. § 34-104 — Arizona Code / Title 34 / Chapter 1 / Article 1 / Section 104
34-104 Contract with architect; proprietary specifications; penalty; compensation
Status: in_force

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 to supervise its construction, unless the agent does not employ the architect to supervise the work.

B. An architect shall not use and the agent shall not allow the use of bidding, contracting or purchasing specifications proprietary to one supplier, distributor or manufacturer unless the specification includes both of the following:

1. A description of the essential characteristics of the products so specified.

2. A statement indicating the intent to consider alternative products which have the desired essential characteristics if such alternative products are identified.

C. Persons desiring to submit alternative product proposals for prior approval of the architect shall submit such proposals at least eight days prior to the original deadline for receiving bids. The architect shall consider and either approve or reject all proposals submitted and shall comply with the following requirements:

1. If, by the close of the fifth day prior to the deadline for receiving bids, the architect has approved any alternative product proposals, the bidding documents shall be modified to include the alternative products. The architect shall publish the modification in the same manner as the original bidding documents at least five days prior to the bidding deadline.

2. If the architect rejects an alternative product proposal, he shall give notice of the rejection to the agent prior to the deadline for receiving bids. Notice shall include a description of the rejected product.

D. A person who knowingly uses or allows the use of a bidding, contracting or purchasing specification proprietary to one supplier, distributor or manufacturer in violation of subsection B or fails to publish any alternate product as provided in subsection C, paragraph 1, or fails to give notice of rejection of an alternate proposal to the agent as provided in subsection C, paragraph 2 is liable for a civil penalty in an amount not to exceed twenty-five thousand dollars for each violation. The attorney general shall bring an action to recover such penalty in the name of this state in the superior court in the county in which the violation occurred.

E. If in the agent's judgment a satisfactory proposal is not received for construction of the project completely finished in accordance with the accepted plans and specifications, then the architect shall revise the scope or quality of the project, or both, as necessary to obtain a satisfactory proposal to construct the project.

F. If the proposed project is abandoned or suspended for a period of more than one hundred eighty days through no fault of the architect, he shall be compensated.