Local Public Agency (LPA)

TxDOT Right of Way Representative

TxDOT ROW Program Office

Validation of reimbursement eligibility and determination of ratio.

Determine the upper monetary limit of TxDOT cost participation.

Minimize LPA risk of payment for utility work deemed non-reimbursable by the State.

When utility adjustments are administered by the LPA under the terms of the Contractual Agreement for Right of Way Procurement (Local Government), a Determination of Upper Limit must be made to establish the extent of TxDOT cost participation before payment.

The LPA initiates the request for TxDOT to provide a determination of the upper monetary limit. Before the LPA makes payment to the utilities, TxDOT will confirm reimbursement eligibility, establish the eligibility ratio, and set the upper monetary limit that will be used for reimbursement of utility costs paid by the LPA.

The District will review the plans and utility billing with reference to the scope, necessity and economy of the utility adjustment, compensable interests held by the utility, eligibility of items reflected in the billing, UAR, betterment, and other matters that may be necessary in order to ensure that a definite understanding is reached concerning the determined limit of TxDOT cost participation.

If the LPA previously opted to use a Request for Determination of Eligibility (Right of Way Sub-process Activity VII), then many of these prepayment requirements would have already been completed during that determination.

This request is submitted after adjustment work is complete.