FHWA/MoDOT Partnering Agreements
RIGHT OF WAY AND REALTY
I. Roles and Responsibilities of MoDOT
MoDOT's Role - Ensure the Right of Way (ROW) Program performs in accordance with state
and federal laws and regulations while implementing MoDOT's Strategic Plan
and related Business Plan. For our program area, the following tasks are considered
the most important and we will work with FHWA as true partners to ensure success:
- Deliver projects on
the STIP within the time frames outlined in the STIP and in compliance with
federal laws and regulations, including, but not limited to the Uniform
Act and corresponding regulations.
- Disposal of excess
property in compliance with 23 CFR §710.405(d)(1).
- Effective control of
outdoor advertising (ODA) in compliance with the Highway Beautification
Act, federal regulations, the federal/state agreement and Missouri state
laws and administrative rules.
- Provide FHWA with project
- Provide accurate, complete
submissions of clearance certifications, and other documents submitted to
- Involve FHWA in changes,
modifications, additions, and creation of state legislation and/or administrative
rules relating to ROW and ODA.
- Provide consistent
communication and direction to district ROW staff and contractors regarding
changes to federal and state regulation.
- MoDOT ROW staff and
FHWA Program Development Team Leader will work closely together to add the
most value to individual projects and overall program.
- Provide changes to
ROW and ODA policies to FHWA in a timely manner.
- Changes to ROW and
ODA policies require FHWA approval.
- Offer invitation to
meetings to FHWA.
- Confer with FHWA when
issues, concerns and questions arise in the ROW and ODA programs areas.
II. Roles and Responsibilities of FHWA
Provide clear, concise,
factual based answers and/or claims involving noncompliance.
Seek MoDOT's opinion
on changes to the CFR sections relating to ROW and ODA.
Provide timely review
and approval of clearance certifications, and other requests for review,
approval, comment, and/or concurrence.Ensure CO-ROW is involved in all
ROW communications with MoDOT, as CO-ROW is the liaison between FHWA and
MoDOT in ROW and ODA matters.
information on federal position statements and policy changes within two
days of receiving information from Headquarters. Changes that affect MoDOT's
operating procedures/policies will be discussed through a meeting of appropriate
information upon best practices of other state departments of transportation.MoDOT
ROW staff and FHWA Program development Team Leader will work closely together
to add the most value to individual projects and overall program.
Plan will be developed and shared with MoDOT in order to complement MoDOT's
Strategic and ROW Business plans and to ensure success for MoDOT and FHWA.
oversight of the ROW and ODA programs areas through process reviews, spot
checks, and other practiced methods.
We agree to concentrate
efforts in improving our work by following these ground rules:
We will respond
to e-mails and telephone calls within two (2) working days unless out
of the office during that time.
We will communicate
directly with each other by telephone, mail, e-mail and more importantly
in face-to-face conversations.
We will respect
the roles and responsibilities of FHWA and MoDOT.
We will strive
to achieve mutual goals and strategic initiatives.
Both parties recognize
that there will be circumstances where a "waiver" from the
completeness or timeliness criteria will be proposed. Waivers shall
be well documented and agreed upon by both parties.
We will revisit
and revise this agreement every year and make revisions as necessary.
We will participate
in a regularly rescheduled meeting fours times a year (January, April,
July and October) with the MoDOT ROW staff along with other meetings as needed to discuss items of mutual interest. FHWA will
host the January and July meetings and MoDOT will host the April and
October meetings. Minutes of these meetings will be taken by the meeting
In case of conflict,
we will resolve it at the lowest level by the FHWA Program Development Team
Leader working with MoDOT Central Office ROW staff. If agreement cannot
be reached after fifteen ( 15) working days we agree to elevate the issue
in the following manner:
Elevate the discussion
to the MoDOT's Director of Program Delivery and FHWA Assistant Division
We will make every
effort to solve the conflict at our level, but after no more than ten
(10) working days after hearing from the parties involved, we will present
our cases both verbally and in writing to MoDOT's Chief Engineer and
the FHWA Division Administrator.
We will abide
by their decision and will share that decision with staff.
V. Performance Evaluation
We will measure our
partnering progress and success by the following performance indicators:
of work activities in MoDOT's business plan and FHWA's annual performance
of process reviews in the ROW and ODA programs areas.
goal is to achieve 95% acquisition rate by negotiation.
goal is to achieve at least 4 (of 5) rating by property owners who believe
MoDOT treated them fa irly during right of way negotiations.
Communicating with Management
We will keep
management informed of our activities and how our partnering is working
important or controversial issues to management immediately as they arise.
Use the no surprise philosophy.
- We will provide
management with minutes of our quarterly meetings.
- Complete an
annual report, which summarize performance indicators and outlines significant