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(a) If the department transfers any of its planning, design, and construction responsibilities to a municipality, the department will, and the municipality shall, enter into a transfer of responsibilities agreement. This agreement defines the conditions governing the transfer of responsibilities and must provide that
(1) the municipality, and any contractor engaged by the municipality, shall comply with the provisions of any affirmative action plan applicable to the project, AS 35, AS 36, AS 44.27.060 , 17 AAC and any other statutes or regulations governing the department's legal responsibilities in constructing public works.
(2) the municipality shall indemnify, defend, and hold harmless the state, its officers, agents, employees, and contractors for any claims or suits arising out of any local assumption of planning, design, and construction responsibilities; and
(3) the municipality shall coordinate all regulatory agency reviews and obtain all necessary written approvals from regulatory agencies.
(b) Notwithstanding the provisions of this section, if a public works project is to be funded in part or in whole by federal money, the agreement between the department and the municipality will not require compliance with any Alaska statute or regulation that is inconsistent with federal law or regulations. If required by federal regulations, the agreement is effective only after approval by the federal agency providing the funding. The agreement will also include the requirement that the municipality comply with the federal laws and regulations relating to the federal funding program.
(c) An agreement between the department and a municipality will include any terms that the department finds are necessary to meet local conditions and unique requirements and to assure compliance with the public facilities procurement policies developed by the department under AS 35.10.160 - 35.10.200. The department will, in its discretion, require the municipality to submit to the department, for review and approval, design and final bid documents, status and expenditure reports, "as-built" drawings and other pertinent material.
(d) An agreement will, in the department's discretion, include project charges for technical services provided by the department for a particular project at the request of the municipality.
(e) An agreement between the department and a municipality will, in the department's discretion, set out the maximum amount of money that the municipality may deduct for management fees, and the minimum amount of money to be used for construction.
History: Eff. 3/20/86, Register 97
Authority: AS 35.15.080
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Last modified 7/05/2006