[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR635.115]

[Page 177-178]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 635--CONSTRUCTION AND MAINTENANCE--Table of Contents
 
                     Subpart A--Contract Procedures
 
Sec. 635.115  Agreement estimate.

    (a) Following the award of contract, an agreement estimate based on 
the contract unit prices and estimated quantities shall be prepared by 
the SHA and submitted to the Division Administrator as soon as 
practicable for use in the preparation of the project agreement. The 
agreement estimate shall also include the actual or best estimated costs 
of any other items to be included in the project agreement.
    (b) An agreement estimate shall be submitted by the SHA for each 
force account project (see 23 CFR part 635, subpart B) when the plans 
and specifications are submitted to the Division Administrator for 
approval. It shall normally be based on the estimated quantities and the 
unit prices agreed upon in advance between the SHA and the Division 
Administrator, whether the work is to be done by the SHA or by a local 
public agency. Such agreed unit prices shall constitute a commitment as 
the basis for Federal participation in the cost of the project. The unit 
prices shall be based upon the estimated actual cost of performing the 
work but shall in no case exceed unit prices currently being obtained by 
competitive bidding on comparable highway construction work in the same 
general locality. In special cases

[[Page 178]]

involving unusual circumstances, the estimate may be based upon the 
estimated costs for labor, materials, equipment rentals, and supervision 
to complete the work rather than upon agreed unit prices. This paragraph 
shall not be applicable to agreement estimates for railroad and utility 
force account work.