17 AAC 15.411. Utility relocation by state contract

(a) Utility relocation work may be performed under a construction contract or a utility relocation contract let by the department if the utility can demonstrate to the department that it is in the public interest to do so.

(b) When the utility relocation work that is to be included in a construction contract let by the department or in a utility relocation contract let by the department includes non-reimbursable items, the utility and the department must enter into an agreement by which the utility agrees to repay the department for the costs of the non-reimbursable contract items and any engineering expenses associated with non-reimbursable items.

(c) The department will, in its discretion, require the utility to make periodic progress payments for the costs of the non-reimbursable contract items. Any requirement for progress payments must be included in the non-reimbursable agreement referred to in (b) of this section. The department will, in its discretion, use these payments to pay for the work done by its contractor.

History: Eff. 5/23/82, Register 82

Authority: AS 02.15.020

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