U.S. Department of Transportation
Federal Highway Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
Agreement Focus Areas
The FHWA and MoDOT shall carry out the terms indicated in this Agreement resulting in improved communication and streamlined financial decision making for Federal projects and programs.
I. Ground Rules
The following ground rules apply to the development and execution of each element of this Agreement. We agree to concentrate efforts in improving our joint work by following these ground rules.
II. Roles, Responsibilities and Performance Evaluation
|31 USC 1341(a)(1)(A) & (B); 31 USC 1517(a); 23
USC 118(b); 23 USC 121
||Obligation of all available federal aid funds by the program deadline.
Percent of local program funds obligated reported through Tracker.
|MoDOT will monitor appropriations, allotments and obligations to ensure
that all funding is used efficiently and in accordance with state and
federal laws and regulations within each quarter and use all Obligation
Authority (OA) by the end of the year. This will be completed while
implementing MoDOT’s Tangible Results priorities and goals.
||Annual FHWA Notice||Annually
||MoDOT will report to FHWA its request for August redistribution by the requested due date each year.||MoDOT will prepare reports to document the unneeded balances of fiscal year obligation limitation subject to lapse annually. FHWA will review MoDOT's plan and submit to OCFO for processing.|
|Authorize Current Bill (Note: this action cannot be assumed by State)||23 CFR 140; 23 CFR
|Weekly or as scheduled by MoDOT
|FHWA will approve the bill no later than 11:00 a.m. central time on the requested payment date.||MoDOT will charge costs related to federal projects and programs in accordance with state and federal laws and regulations. MoDOT will accumulate eligible costs and request reimbursement from FHWA on a weekly basis, and provide FHWA a detailed description of what caused credits totaling $10,000 or greater. FHWA will process payments to MoDOT on a weekly basis in accordance with federal laws and regulations while implementing FHWA’s Performance Plan and required stewardship and oversight.|
||31 USC 1341(a)(1)(A) & (B); 31 USC 1517(a); 23
USC 118(b); 23 USC 121
||MoDOT will report to FHWA semi-annually the analysis of Earmark/Discretionary
funds & associated projects 60 days after the period end date (March
due end of May and September due end of November).
||MoDOT will monitor earmarks and discretionary funds to ensure that
all funding is used efficiently.
||23 CFR 630.106(a); FHWA memorandums dated March 29, 2013 and December 30, 2013||Quarterly
||MoDOT will submit and inactive project detail report quarterly (SharePoint is used to manage process). MoDOT and FHWA's desired trend is to reduce the percentage of inactive projects to 2% or less of the state's apportionment.||MoDOT and FHWA will proactively monitor active and inactive projects,
report project status by established deadlines and adjust the federal
funds to the current best estimate of
cost. MoDOT will submit inactive project justifications to FHWA for assessment of validity.
||TIFIA - 23 USC 601-609, GARVEEs - 23 USC 122; GARVEE Guidance 3/14,
SIB - NHS Act Section
23 USC 610;
SIB Guidance 3/14
||MoDOT will report the status of advance construction in the MoDOT Tracker.||FHWA will advise MoDOT of new innovative financial tools to advance
and complete transportation projects. MoDOT will consider new and innovative
financial solutions offered by FHWA. FHWA and MoDOT will work together
to continuously search for possible
sources to identify new highway financing tools.
|Approval of Indirect Cost
|49 CFR Part 18; 2 CFR
200 Subpart E (previously 2 CFR 225); ASMBC-10
||MoDOT will submit additive rate updates by June 1 each year.||MoDOT will submit additive rate updates annually to FHWA for review and approval.|
|Obligate funds/approve Federal-aid Agreements (project authorization) (Note: this actions cannot be assumed by State)||23 CFR 630, Subpart A||As needed||FMIS transactions will be processed timely and accurately. FHWA will approve or returns 90% of FMIS actions within 14 calendar days.||All Federal-aid Agreements received by FHWA from MoDOT will be fully funded, and have the appropriate program approvals (e.g. PS&E, ROW, force account, NEPA). MoDOT will deobligate projects authorized but not awarded within 6 months.|
|Oversight, FIRE Program||FHWA Order 4560.1C (0r as superseded)||As needed||FHWA will provide oversight as it relates to Financial Review and
Evaluation (FIRE) Program through risk assessments and related process
reviews, spot checks or other practiced methods. MoDOT will be responsible
for administering the federal-aid program for the state and will use
a risk based approach to implementing adequate controls to ensure compliance
with federal laws and regulations. FHWA will provide MoDOT with reports
to verify staff's access to FMIS and RASPS, and
MoDOT will ensure staff access is monitored for authorized use only.
|PE/ROW Payback||23 CFR 630.112(c)(1) & (2), FHWA Order 5020.1||Annually||MoDOT will report to FHWA the list of PE & ROW payback projects including any requests for extension by March 31 each year.||MoDOT will review PE/ROW projects for potential repayment if they have not gone to ROW or construction in 10 or 20 years, respectively. An extension may be requested for projects not meeting the timeframes.|
|Project Closure||49 CFR Part 18; 2 CFR
|Monthly||Construction (STIP) projects will be submitted to FHWA within 90 days
from the end of the month the final estimate was approved in Site Manager.
Non-audited projects (LPA) will be submitted to FHWA within 120 days
of project being added to Financial Services final voucher queue. Projects
audited internally, other than railroads, will be submitted to FHWA
within one month of receiving the audit report. Railroads will be submitted
to FHWA within one month of receiving the audit report on the final
crossing in the project.
FHWA will approve or return 90% of final vouchers within 30 days.
|MoDOT and FHWA will close projects on a timely basis. The timelines are contingent on availability of funds and other documented unique factors impacting the project.|
|Transfer of Funds between programs or to other
FHWA offices or agencies
as requested by State
|23 USC 126, FHWA Order
|FHWA will approve or return the transfer within 14 calendar days.||MoDOT will submit requests for transfer and FHWA approves and processes the funding transfers between programs, to other States, to other agencies, and to FHWA HQ, Federal Lands, or Research offices.|
III. Conflict Management
Historically, FHWA and MoDOT have benefited from an excellent working relationship. This Agreement intends to build upon this history by establishing a framework to further promote the existing partnership. This Agreement establishes the following procedures to resolve conflict, streamline processes and build a team spirit to achieve maximum success.
IV. Communication with Management
We will keep senior management informed of our activities and how our partnering is working through verbal conversations. If issues have not been resolved and require action of senior management, a written communication regarding the issue will be shared with senior management and members of the FHWA and MoDOT Financial Services Finance Teams. This communication will include:
We will revisit and revise this agreement as deemed necesary. At a minimum the agreement will be revisited annually.