NAC408.317. Engineering activities relating to relocation of facility eligible for reimbursement.

     1. Preliminary engineering activities relating to the relocation of a utility’s facility which is eligible for reimbursement may be carried out by:

     (a) The engineers of the utility;

     (b) An engineering consultant chosen by the utility, pursuant to a written contract administered by the utility, if the utility obtains the prior written approval of the Department;

     (c) An engineering consultant, chosen by the Department, at the request of and in consultation with the utility, if the Department administers the contract; or

     (d) The Department, if the utility requests the Department to perform the engineering activities and the Department determines that it can adequately perform the work.

     2. If a utility does not have a sufficient number of qualified employees to carry out the purchase of the right-of-way, engineering or any other work relating to the relocation of its facility, any money which is received from this state or the Federal Government for the project and administered by the Department may be used to reimburse the utility for the money paid to engineers, architects and any other persons for engineering and other related services if the money for reimbursement is not based on a percentage of the cost of the relocation.

     3. The utility and its engineering consultant shall enter into a written contract concerning the services to be provided and the fees and arrangements for those services. Money received from this state or the Federal Government for projects may be used to pay the reasonable costs of those services provided pursuant to a written continuing contract if the work is performed regularly for the utility.

     4. If the utility wishes to obtain the engineering services pursuant to a written continuing contract, it must first submit to the Department:

     (a) The appropriate justification and information concerning the fees for those services; and

     (b) A copy of the contract.

     5. If federal money is available for the project, the Department will obtain the written approval from the Federal Highway Administration for any contract which is expected to exceed $25,000.

     (Added to NAC by Dep’t of Transportation, eff. 1-6-95; A by R135-98, 10-3-2000)