[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR645.109]

[Page 222]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 645_UTILITIES--Table of Contents
 
      Subpart A_Utility Relocations, Adjustments, and Reimbursement
 
Sec.  645.109  Preliminary engineering.

    (a) As mutually agreed to by the TD and utility, and subject to the 
provisions of paragraph (b) of this section, preliminary engineering 
activities associated with utility relocation work may be done by:
    (1) The TD's or utility's engineering forces;
    (2) An engineering consultant selected by the TD, after consultation 
with the utility, the contract to be administered by the TD; or,
    (3) An engineering consultant selected by the utility, with the 
approval of the TD, the contract to be administered by the utility.
    (b) When a utility is not adequately staffed to pursue the necessary 
preliminary engineering and related work for the utility relocation, 
Federal funds may participate in the amount paid to engineers, 
architects, and others for required engineering and allied services 
provided such amounts are not based on a percentage of the cost of 
relocation. When Federal participation is requested by the STD in the 
cost of such services, the utility and its consultant shall agree in 
writing as to the services to be provided and the fees and arrangements 
for the services. Federal funds may participate in the cost of such 
services performed under existing written continuing contracts when it 
is demonstrated that such work is performed regularly for the utility in 
its own work and that the costs are reasonable.
    (c) The procedures in 23 CFR part 172, Administration of Engineering 
and Design Related Service Contracts, may be used as a guide for 
reviewing proposed consultant contracts.

[50 FR 20345, May 15, 1985, as amended at 60 FR 34850, July 5, 1995; 65 
FR 70311, Nov. 22, 2000]