US Lawyer Database

Sec. 35.15.010. Construction by department.

(a) Except as provided in AS 44.33.300, it is the general policy of the state to require the construction of all public works under bid contract in accordance with AS 36.30 (State Procurement Code). However, when the estimated cost of a construction project is less than $100,000, or when it appears to be in the […]

Sec. 35.15.020. Request for public bids.

The solicitation of bids for construction of public works is governed by AS 36.30 (State Procurement Code). The request for bids may require the contractor to furnish equipment, labor, materials, and supplies for the project, or it may state that the department will furnish the materials and supplies. If the department elects to provide materials […]

Sec. 35.15.080. Local control of state public works projects.

(a) A municipality may, by resolution of its governing body, request the assumption of all or part of the department’s responsibilities relating to the planning, design, and construction of a public works project of the state that is to be located within the boundaries of the municipality and that would otherwise be constructed in the […]

Sec. 35.15.090. Use of appropriated funds.

Upon execution of an agreement under AS 35.15.080(a), state funds appropriated for a public works project that is the subject of the agreement shall be transferred to a special account in the state treasury. A municipality administering the project under the agreement may draw on the account for costs of the project, under fiscal control […]

Sec. 35.15.100. Responsibility of department.

When a municipality has assumed responsibility for a public works project under AS 35.15.080 – 35.15.120, the department is relieved of responsibility to the extent it is assumed by the municipality. The department may provide technical assistance on the responsibility assumed if requested to do so by the municipality and shall be reasonably compensated for […]

Sec. 35.15.110. Title to site and completion of project.

(a) Before advertisement for bids or construction contract negotiations, the department shall approve both the project site and the land interest in the site. (b) Responsibility for maintenance of the project shall be established in the original contract agreement. The department shall participate in the final inspection of the project and approve of the final […]

Sec. 35.15.120. Definitions.

In AS 35.15.080 – 35.15.120, (1) “construction” or any derivative of the term “construct” means, in addition to the meaning given in AS 35.95.100, selecting and acquiring a project site and necessary rights-of-way and easements, providing for and connecting to utilities, and building, supervising, and inspecting the public works project; (2) “governing body” means a […]