Amendments to Contractual Agreements
An amendment or amendments to the agreement may be necessary if certain acquisition responsibilities or participation requirements change during the course of an ongoing project. If the agreement originally called for the LG to be the acquiring agency and it desires to transfer all or a portion of the remaining acquisition responsibilities to TxDOT, an amendment to the agreement should be used. The amendment should describe by parcel number any outstanding ROW that is being transferred to TxDOT for acquisition. It should also identify any utility adjustment or other outstanding obligation that is to be transferred to TxDOT. If only portions of the acquisition responsibilities are being transferred to TxDOT, the amendment should also set forth the LG's remaining acquisition responsibilities. The amendment would also be used if the participation ratio changes, for example pursuant to a Minute Order designated an LG as an
.
In fixed price agreements when the State is the acquiring agency the LG's fixed price contribution set forth in the agreement is not subject to adjustment unless: (1) site conditions change (2) work required by the LG is ineligible for federal participation or (3) the adjustment is mutually agreed on by the State and the LG.