Current through Register Vol. 30, No. 38, September 20, 2024
A. Notwithstanding
any other rule:
1. The contractor for
design-build or job-order-contracting construction services is not required to
be registered to perform design services pursuant to A.R.S. Title 32, Chapter 1
if the person actually performing the design services on behalf of the
contractor is appropriately registered.
2. The contractor for
construction-manager-at-risk, design-build or job-order-contracting
construction services shall be licensed to perform construction pursuant to
A.R.S. Title 32, Chapter 10.
3. The
school district shall obtain and maintain a record of proof in the procurement
file that a construction or construction services provider that has been
awarded a contract with the school district, or through a cooperative
purchasing agreement, has a license in good standing to perform construction
work pursuant to A.R.S. Title 32, Chapter 10. The license shall be active on
the day the contract is awarded. This paragraph does not require licensure for
professions that are not licensed pursuant to A.R.S. Title 32, Chapter
10.
B. In a procurement
for construction-manager-at-risk construction services or design-build
construction services, except for design-build contracts awarded pursuant to
R7-2-1111,
the school district shall enter into a written contract with the contractor for
preconstruction services under which the school district shall pay the
contractor a fee for preconstruction services in an amount agreed by the school
district and the contractor, and the school district shall not request or
obtain a fixed price or a guaranteed maximum price for the construction from
the contractor or enter into a construction contract with the contractor until
after the school district has entered into the written contract for
preconstruction services and a preconstruction services fee.
C. Construction shall not commence under a
construction services contract until the school district and contractor agree
in writing on either a fixed price that the school district will pay or a
guaranteed maximum price for the construction to be commenced. The construction
to be commenced may be the entire project or may be one or more phased parts of
the project.
D. For negotiated
construction-manager-at-risk and design-build contracts, preconstruction
services, general conditions, schedules, construction contingency, and
construction fees shall be part of the contract. For design-build contracts
awarded pursuant to a request for proposals, the fees shall be included in the
vendor's proposal and shall become part of the awarded contract.
E. For job-order-contracting construction
services only:
1. The maximum dollar amount of
an individual job order for job-order-contracting construction services shall
be one million dollars or a higher or lower amount prescribed by the governing
board in a policy adopted in a public meeting held pursuant to A.R.S. Title 38,
Chapter 3, Article 3.1. Requirements shall not be artificially divided or
fragmented in order to constitute a job order that satisfies the requirements
of this subsection.
2. If the
contractor subcontracts or intends to subcontract part or all of the work under
a job order and if the job-order-contracting construction services contract
includes descriptions of standard individual tasks, standard unit prices for
standard individual tasks and pricing of job orders based on the number of
units of standard individual tasks in the job order:
a. The contractor has a duty to deliver
promptly to each subcontractor invited to bid a coefficient to the contractor
to do all or part of the work under one or more job orders a copy of the
descriptions of all standard individual tasks on which the subcontractor is
invited to bid and a copy of the standard unit prices for the individual tasks
on which the subcontractor is invited to bid.
b. If not previously delivered to the
subcontractor, the contractor has a duty to promptly deliver to each
subcontractor invited to or that has agreed to do any of the work included in
any job order a copy of the description of each standard individual task that
is included in the job order and that the subcontractor is invited to perform,
the number of units of each standard individual task that is included in the
job order and that the subcontractor is invited to perform, and the standard
unit price for each standard individual task that is included in the job order
and that the subcontractor is invited to perform.
F. For all construction services
contracts, the contractor performing the construction services is permitted to
self-perform part of the construction work, if and to the extent agreed in
writing by the school district and the contractor. The school district may use
methods other than competitive bidding to assure itself that the price the
school district pays to the contractor for self-performed work is fair and
reasonable. Permitted methods to evaluate fairness and reasonableness of the
price of self-performed work include evaluation of the contractor's proposed
scope of work and price for self-performed work by an estimator who is hired
and paid by the school district, who is independent of the contractor and who
may be an employee of the school district. Although the school district may
elect to so require, nothing in Articles 10 and 11 shall be construed or
interpreted to require the school district to require a contractor desiring to
self-perform part of the construction work to competitively bid that part of
the construction work against other contractors in a bid competition.
G. For all construction services contracts,
the following requirements apply to the construction work to be performed by
subcontractors and do not apply to construction work that the school district
and the contractor agree in writing will be self-performed by the contractor:
1. The person selected to perform the
construction services shall select subcontractors based on qualifications alone
or on a combination of qualifications and price and shall not select
subcontractors based on price alone. A qualifications and price selection may
be a single-step selection based on a combination of qualifications and price
or a two-step selection. In a two-step selection, the first step shall be based
on qualifications alone and the second step may be based on a combination of
qualifications and price or on price alone.
2. The school district shall include in each
contract:
a. If the school district included
its subcontractor selection plan in the request for qualifications, the school
district's subcontractor selection plan and the procedures to implement the
school district's subcontractor selection plan proposed by the awarded
contractor in submitting its qualifications with those modifications to the
procedures as the school district and the contractor agree.
b. If the school district did not include its
subcontractor selection plan in the request for qualifications, the
subcontractor selection plan proposed by the awarded contractor in submitting
its qualifications with those modifications as the school district and the
contractor agree.
3. In
making the selection of subcontractors, the contractor shall use the
subcontractor selection plan and any procedures included in its
contract.
H. The school
district shall include in each contract for construction services the full
street or physical address of each separate location at which the construction
will be performed and a requirement that the contractor and each subcontractor
at any level include in each of its subcontracts the same address information.
The contractor and each subcontractor at any level shall include in each
subcontract the full street or physical address of each separate location at
which construction work will be performed.
