[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR635.105]

[Page 171-172]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 635--CONSTRUCTION AND MAINTENANCE--Table of Contents
 
                     Subpart A--Contract Procedures
 
Sec. 635.105  Supervising agency.

    (a) The STD has responsibility for the construction of all Federal-
aid projects, and is not relieved of such responsibility by authorizing 
performance of the work by a local public agency or other Federal 
agency. The STD shall be responsible for insuring that such projects 
receive adequate supervision and inspection to insure that projects are 
completed in conformance with approved plans and specifications.
    (b) Although the STD may employ a consultant to provide construction 
engineering services, such as inspection or survey work on a project, 
the STD shall provide a full-time employed State engineer to be in 
responsible charge of the project.
    (c) When a project is located on a street or highway over which the 
STD does not have legal jurisdiction, or when special conditions 
warrant, the STD, while not relieved of overall project responsibility, 
may arrange for the local public agency having jurisdiction over such 
street or highway to perform the work with its own forces or by 
contract; provided the following

[[Page 172]]

conditions are met and the Division Administrator approves the 
arrangements in advance.
    (1) In the case of force account work, there is full compliance with 
subpart B of this part.
    (2) When the work is to be performed under a contract awarded by a 
local public agency, all Federal requirements including those prescribed 
in this subpart shall be met.
    (3) The local public agency is adequately staffed and suitably 
equipped to undertake and satisfactorily complete the work; and
    (4) In those instances where a local public agency elects to use 
consultants for construction engineering services, the local public 
agency shall provide a full-time employee of the agency to be in 
responsible charge of the project.