FHWA/MoDOT Partnering Agreements

RIGHT OF WAY AND REALTY

April 2011

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 priorities.
• Provide accurate, complete submissions of clearance certifications, and other documents submitted to FHWA.
• 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.
• Provide detailed 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 staff.
• Provide detailed 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.
• FHWA Performance 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.
• Provide federal oversight of the ROW and ODA programs areas through process reviews, spot checks, and other practiced methods.

III. Ground Rules

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 host.

IV. Conflict Resolution

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 Administrator.
• 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:

• Completion of work activities in MoDOT's business plan and FHWA's annual performance plan.
• Results of process reviews in the ROW and ODA programs areas.
• MoDOT's goal is to achieve 95% acquisition rate by negotiation.
• MoDOT's 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.

VI. Communicating with Management

We will keep management informed of our activities and how our partnering is working by:

• Communicate 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 achievements.