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Ground Rules

We agree to concentrate efforts in improving our work by following these ground rules.

• We will respect each other by acting professionally and listening to respective points of view.
• We will communicate by the most effective methods available (e.g. phone, e-mail, and meetings).
• We will make decisions by mutual agreement whenever possible. When unable to do this, we will elevate to a higher level in accordance with the conflict resolution process.
• We will conduct quarterly or semiannual meetings between MoDOT and FHWA staff to discuss any items or issues of mutual interest. These meetings will serve as a regular opportunity to assess performance and ensure our offices continue to work well together.
• We will work together to annually conduct a risk assessment and to participate in the FHWA Strategic Advance.
• We will collaborate in the annual development of the related portions of FHWA's Performance Plan.
• We will present a unified voice to internal and external customers. We will discuss matters together before responding to customers.
• We will abide by the decisions made through the dispute resolution process and will share that decision with staff.
• We will revisit this partnering agreement annually to determine if changes need to be made.

Conflict Resolution

Conflicts are to be resolved at the lowest level possible between FHWA and MoDOT staff. After exhausting all possibilities and an agreement cannot be reached between MoDOT and FHWA staff, the issue will be elevated in the following manner:

• Elevate the discussion to the applicable MoDOT Division Lead and FHWA Team Leaders. We will make every effort to solve the conflict at our level.
• If unresolved issues persist, we will present our cases both verbally and in writing to the applicable MoDOT Chief Officer and FHWA's Deputy Division Administrator no more than two (2) weeks after hearing from the parties involved.
• Unresolved issues between the applicable MoDOT Chief Officer and FHWA's Deputy Division Administrator will be handled through will be handled through collaborative discussions between MoDOT Director/Deputy Director and FHWA Division Administrator.

Communicating with Management

We will keep management informed of our activities and how our partnering is working by regularly informing our immediate supervisors of significant activities in the Program area and providing updates on how this partnering agreement is working.

Risk Management Process

The objective of FHWA's risk management process is to establish a consistent approach to identify and prioritize program area risks. Applying the principles of risk makes it possible to identify threats and opportunities; assess and prioritize those threats and opportunities; and determine and prioritize strategies so that we can decide how to address future issues affecting the Federal-aid Highway Programs.

MoDOT Staff and FHWA staff agree to coordinate yearly to identify risk items for the next performance year.

PoDI Selection Process

FHWA has developed an internal process for the identification of PoDIs, as required and in conformance with FHWA HQ guidance; this internal process will guide the yearly PoDI selection process.

The identification of PoDIs will involve a seven-step process including a risk-based assessment to identify project risks, development of potential PoDIs, short-list of potential projects, project screening, oversight plan development, final PoDI selection and sharing PoDIs with MoDOT. The TEs and Program Specialists are responsible for identifying the PoDIs and project specific oversight plans which incorporates those elements of the project to be reviewed. Each TE and Program Specialist will work with the Design Liaison within their respective MoDOT Districts and other MoDOT Central Office staff in the development and selection of the PoDIs for each District. The final PoDI selection decision will rest with the Program Implementation and Program Development Team Leaders.

FHWA will provide MoDOT's State Design Engineer, State Construction and Materials Engineer and others a copy of the PoDI Tracker Spreadsheet and Summary tab for inclusion in MoDOT's EPG.

Definitions

Projects of Division Interest (PoDI):

• PoDI are those projects that contain elements of higher risk,or present a meaningful opportunity for FHWA involvement to enhance meeting program or project objectives.

Local Public Agency (LPA):

• LPA means any city, county, township, municipality, or other political subdivision that may be empowered to cooperate with the State Transportation Authority (STA) in highway matters. [23 CFR 635.102]

Performance Year (PY):

• Encompasses the months of October 1 to September 30.

MoDOT's Values of Safety, Service and Stability are measured by several Tangible Results:

• Tangible Results are what MoDOT's customers expect the department to accomplish. These are the tangible things that MoDOT's customers will see as the department fulfills its mission. MoDOT delivers results through accountability, innovation and efficiency.
• Values represent the fundamental principles and philosophy of the agency and guide the agency's behavior. These values establish the boundaries within which all department activities will be conducted.

Missouri's Strategic Highway Safety Plan (SHSP) Show-Me Zero- Driving Missouri Toward Safer Roads:

• The Show-Me Zero 5-year SHSP identifies strategies having the greatest potential to move Missouri toward zero traffic fatalities.

Timeframe for completing actions (business days):

• Consecutive days that FHWA and MoDOT are both open for business, excluding Federal and State Holidays, Saturdays, and Sundays.

Engineering Policy Guide (EPG)

• This document provides a single reference for all engineering and engineering-related Bridge, Construction, Design, Highway Safety & Traffic, Maintenance, Planning and Right of Way guidance.

MoDOT/FHWA Stewardship and Oversight (S&O) Agreement

• The S&O Agreement sets forth the agreement between FHWA and MoDOT on the roles and responsibilities of the FHWA MO Division and MoDOT with respect to Title 23 project approvals and related responsibilities, and the Federal-aid Highway Program (FAHP) oversight activities.

Major Projects

• A project with an estimated total cost of $500,000,000 or more.

Roles and Responsibilities of FHWA and MoDOT:

The following activities require coordination between FHWA and MoDOT within the agreed timeframes. In this agreement, all reference to days dentes business days. FHWA and MoDOT agree to work as true partners.

ROLES AND RESPONSIBILITIES

Project Close Out and Agreed Upon Procedures Engagements

1. MoDOT and FHWA will manage the project closeout as outlined in 2 CFR 200.344, including but not limited to liquidating all financial obligations incurred no later than 120 calendar days after the period of performance.

2. MoDOT and FHWA will ensure full utilization of available funds.

3. MoDOT and FHWA will take proactive measures to manage inactive projects, as described in 23 CFR 630.106(5).

Finalize Projects
Applicable to Projects Available for Close Out

1. MoDOT and FHWA will close projects on a timely basis. The timeless below are contingent on documented unique factors impacting the project closeout process.

   • Financial Services will enter the projects that received a final invoice into the shared Access database. Finalized project information will be available following the end of each month creating a population of project files available for engagement procedures. Availability will be determined based on final invoice received from vendor.

   • AI will judgementally select projects monthly after notification from FS that the shared Access database has been updated engagement based on risk assessments and agreed-upon procedures in accordance with Government Auditing Standards.

   • The sample size selected for potential engagements will be 10-15% of federal and state funded projects that have been entered into the shared Access database. The sample size may be expanded or reduced based on risk assessments and the number of projects in the AI selection queue for potential engagement. AI will communicate to FS after each monthly selection those projects selected for potential engagements.

   • FS will close out projects, regardless of whether they are selected for potential engagement or not. MoDOT and FHWA agree closed projects may be reopened, due to engagement findings, to address any necessary financial actions. It is agreed that requests to have closed files reopened will be held to a minimum as to not create additional workload on staff.

   • AI has unrestricted access for audit or engagement to any and all project files, closed or otherwise, as authorized in the Audit Charter of the Missouri Highways and Transportation Commission's (MHTC) Audit Committee.

   • FS will maintain the selected project files until at a minimum the project selected potential engagement, which will be performed as scheduling allows.

   • AI will continue to monitor the number and age of projects in the AL selection queue or under engagement to ensure timely actions can be taken for the engagement. The number of projects in the AI selection queue will fluctuate due to variables in risk assessment results, complexity, workload, and cooperation of auditee. AL will select a smaller sample size to control the total projects selected for potential engagement.

   • Upon determination of project dates approaching or meeting the three-year agreement mark, AI reviews the project file to determine if there are any obvious issues and then de-selects the project if none are noted. FS is notified of the de-selected by AI.

2. MoDOT and FHWA agree FS will randomly review documentation that supports charges for reimbursement prior to closing projects not selected by AI.

This agreement will be reviewed and updated, as needed, on an annual basis.
IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below.

[SIGNED] Misty Volkart Audits and Investigations Director Missouri Department of Transportation Date: 3/3/25	[DIGITALLY SIGNED] Date: 2025.03.04 14:37:53 06'00 Ashley Scheulen Transportation Finance Manager Federal Highway Administration - Missouri Division Date: 3/4/25
[SIGNED] Todd Grosvenor Financial Services Director Missouri Department of Transportation Date: 3-4-25	[DIGITALLY SIGNED] Date: 2025.03.04 14:49:28 06'00 Lauren Paulwell Services Team Leader Federal Highway Administration - Missouri Division Date:

Roles and Responsibilities of MoDOT:

The following activities require coordination between FHWA and MoDOT in order to attain reviews/approvals within the agreed timeframes. In this agreement, all reference to days denotes business days. FHWA and MoDOT agree to work as true partners to ensure the success of the Bridge Program.

The following table identifies the various approval/review activities.

Activities		MoDOT/FHWA Responsibilities
Approval/Action	Reference Document	Description of Actions and Responsibilities	Expected Timeframe (MoDOT)	Expected Timeframe (FHWA)
Bridge-Related Standards (Major Changes)		Design, Construction, Inspection, and Maintenance Policy/Procedure Collaboration	As needed	As needed
Bridge PoDI Project (Preconstruction Phase)	EPG Article 123.1.1	Bridge Type, Size, & Location (TS&L) Review	Ten (10) working days prior to expected response	Respond w/in ten (10) working days
		Design Exception (refer to EPG Article 131.1) Approval	Ten (10) working days prior to expected response	Respond w/in ten (10) working days
		90% Plan Review	Ten (10) working days prior to expected response	Respond w/in ten (10) working days
		Plans, Specifications, & Estimate (PS&E)	When submitted to Design Division	N/A
National Bridge Inspection Standards (NBIS)	23 CFR 650 Subpart C	Maintain National Bridge Inventory (NBI) for Missouri	Submit NBI to FHWA(MO- Div.) before March 15th annually	Submit NBI to FHWA(HQ) on or before March 15th annually
		Administer bridge inspection program in Missouri	N/A	N/A
		National Bridge Inspection Program Review	As needed (input)	Submit preliminary Finding Summary of Metrics (FSMs) on or before Dec. 31st annually and the final FSMs on or before March 31st annually
National Tunnel Inspection Standards (NTIS)	23 CFR 650 Subpart E	Maintain National Tunnel Inventory (NTI) for Missouri	Submit NTI to FHWA(MO- Div.) before March 15th annually	Submit NTI to FHWA(HQ) on or before March 15th annually
		Administer tunnel inspection program in Missouri	N/A	N/A
		National Tunnel Inspection Program Review	As needed (input)	Submit preliminary Finding Summary of Metrics (FSMs) on or before Dec. 31st annually and the final FSMs on or before March 31st annually

This agreement will be reviewed and updated, as needed, on an annual basis.

IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below.

FHWA: [DIGITALLY SIGNED] Date: 2024.12.13 14:23:56 -06'00' Scott Stotlemeyer, P.E. FHWA-MO Division Bridge Engineer

MISSOURI DEPARTMENT OF TRANSPORTATION: [DIGITALLY SIGNED] Date: 2024.12.16 06:56:12 -06'00' Bryan Hartnagel, P.E., Ph.D. MoDOT State Bridge Engineer

Roles and Responsibilities of MoDOT and FHWA:

The following activities require coordination between MoDOT and FHWA in order to attain reviews./approvals within the agreed timeframes. In this agreement, all reference to days denotes business days. MoDOT and FHWA agree to work as true partners to enure the success of the Civil Rights Program.

The following table identifies the various approval/review activities.

Activities		MoDOT/FHWA Responsibilities
Approval/Action	Reference Document	Description of Actions and Responsibilities	Expected Timeframe (MoDOT)	Expected Timeframe (FHWA)
Title VI Plan accomplishments and next year's goals	23 CFR 200.9(b)(10)	MoDOT should upload into CR Connect	Annually by October 1	Annually by October 15
Title VI Plan update	23 CFR 200.9(b)(11)	Plan due to the Division by Oct 1. Division must review and upload plan to CR Connect by Dec 1.	Annually by October 1
EEO Contract Compliance Review Reports	23 CFR 230 Subpart D	MoDOT will submit to FHWA Division office for review	Annually bu October 31st	As submitted by State upon completion
Contract Compliance Program Plan	23 CFR 230 Subpart C		Annually by October 31st
Disadvantaged Business Enterprise (DBE) Program revisions		DBE Program Plan should be updated with regulation changes and or guidance updates	As needed or as requested	As needed or as requested by FHWA
DBE Uniform Awards & Commitment Report (form DOT 4630)	49 CFR 26, Appendix B	Due to HCR: June 1st & December1¹		Semi- Annually, June 1 and December 1
State's DBE Program Goal (Start 45 Day Public Notice)	49 CFR 26.45(f)(i)	DBE Methodology shall be submitted to FHWA after 45-day public notice.	Every 3 Years by June 1	Tri-Annually by August 1
Supportive services funds requests	23 CFR 230.204 And 23 CFR 230.113 & 23 CFR 230.204	MoDOT shall submit SOW to FHWA Division Office	Annually per FHWA request	Annually per FHWA-HQ
Annual Contractor Employment Report (Construction Summary of Employment Data (Form PR-1392)	23 CFR 230.121(a); Appendix D to Subpart A, Part 230,	MoDOT shall collect 1391 reports from contractor and submit the 1392 to FHWA Division Office	Annually by October 5	Annually by October 5
Report on supportive services On-the-Job Training (OJT) & (DBE)	23 USC 140(a-b) 23 CFR 230.113, 230.117, & 230.119	MoDOT shall submit Supportive Services Report detailing the status of ongoing programs to the Division Office	Quarterly by April 1, July 1, Octobe 1, and January 1	Quarterly by January 15, April 15, July 15, and October 15
OJT goals & accomplishments	23 USC 140(a-b) 23 CFR 230.113, 230.117, & 230.119	ADA Complaints received from FHWA HCR shall be investigated by MoDOT.	As requested by FHWA (90 Day Review)	As requested by HQ, within 90 days of receipt
Quarterly Dashboard (Title VI, EOCC, OJT, OJT SS, DBE, DBE SS)	N/A	MoDOT shall submit to the Division Office	Quarterly by Sep 15, Dec 15, March 15, June 15

This agreement will be reviewed and updated, as needed, on an annual basis.

IN WITNESS WHEREOF, the paties have entered into this Agreement on the last written below.

FHWA: [DIGITALLY SIGNED] Date: 2025.01.21 09:39:24 -06'00' Lauren Paulwell FHWA-MO Right of Way Program Manager (573) 638-26

MISSOURI DEPARTMENT OF TRANSPORTATION [SIGNED] Missy Stuedle Business Development and Compliance Director MoDOT State

Roles and Responsibilities of FHWA and MoDOT:

The following activities require coordination between FHWA and MoDOT in order to attain reviews/approvals within the agreed timeframes. In this agreement, all reference to days denotes business days. FHWA and MoDOT agree to work as true partners to ensure the success of the Construction and Materials Program.

The following table identifies the various approval/review activities.

Activities		MoDOT/FHWA Responsibilities
Approval/Action	Reference Document	A Description of Actions and Responsibilities	Expected Timeframe (MoDOT)	Expected Timeframe (FHWA)
Meetings		MoDOT will keep FHWA posted throughout the construction phase of the PoDIs and invite the FHWA Program Implementation Team Leader (PITL) and/or FHWA TE’s to all regularly scheduled construction update meetings, including industry, technical team, pre- construction and/or pre-activities meetings.	Will schedule the meetings and provide dates/times to FHWA.	Will be available on an as- needed basis. Will actively participate in industry and technical team meetings to provide input on Specification development and information on FHWA program activities and initiatives relative to those industries.
Change Orders and Extra Work	23 CFR 635.120 EPG 109.12.1.1 Change Order Approval Level Criteria	MoDOT will provide complete and well- documented change orders	Will submit 5 business days prior to expected approval date if change order approval is identified as a PoDI approval action.	Will review and approve change orders identified as a PoDI activity on PoDI projects within 5 business days of receiving them.
Project / Site Visits	Inspection report form	FHWA will conduct project site visits /inspections. MoDOT Resident Engineer (RE) or district staff will provide FHWA TE’s documentation that supports follow-up action items that may result from project observation findings.	Will submit within the timeframe identified in the inspection report.	Will provide a minimum of 7 business days in notice of project inspections to appropriate MoDOT RE, MoDOT Construction & Materials Liaison Engineer, and Assistant State Construction and Materials Engineer. FHWA reserves the right to visit any federal-aid construction project at any time.
Resolution of Project/ Site Visit Inspection Findings	Inspection report form	FHWA shall provide MoDOT RE, MoDOT Construction & Materials Liaison Engineer, and District Construction & Materials Engineer an email with any significant project observations that require timely actions to address the observation. MoDOT RE or district staff will provide FHWA TE’s documentation that supports follow-up action items that may result from project observation findings.	Will submit within the timeframe identified in the inspection report.	Will send an email within 2 business days.
Claim/ Dispute resolution	23 CFR 635.124 Participation in contract claim awards and settlements. EPG 105.16.1 Procedures for Handling Contractor Claims 23 CFR 637 EPG 105.16.2 Dispute Resolution	MoDOT will send invitation to FHWA PITL and/or FHWA TE’s for claim/dispute resolution meetings and provide FHWA with copy of all information on the claim as it becomes available.	Will submit minimum of 7 business days in advance of the meeting.	Will actively participate in contract claim awards and settlement meetings and discussions.
Engineering Policy Guide (EPG) Approval Process	EPG	MoDOT will involve FHWA in the development of proposed level 2 or above revisions to construction and materials Standard Specifications, Standard Plans, and engineering policies prior to requesting approval in accordance with the Engineering Policy Guide (EPG) Approval Process.	Will provide documentation with a minimum of 10 business days prior to expected approval.	Will provide concurrence of acceptability or comments within 10 business days of receipt.
Job Special Provisions (JSP)	EPG 237.5	MoDOT will involve FHWA early in the development of proposed level 2 or above construction and materials Job Special Provisions (JSP) prior to submittal for FHWA approval.	Will provide documentation with a minimum of 10 business days prior to expected approval.	Will provide concurrence of acceptability or comments within 10 business days of receipt.
Final Acceptance		FHWA will provide final acceptance if identified as a PoDI activity.	Will provide documentation with a minimum of 10 business days prior to expected approval.	Will provide concurrence of acceptability or comments within 15 business days of receiving all required documentation from MoDOT so that final payment can occur in a timely manner.
Independent Assurance and Materials Certification	23 CFR 637	MoDOT will provide FHWA with annual summary reports for Independent Assurance and Materials Certification	Will provide annual report in January of each calendar year.	Will provide comments as needed.
Federal Statements and Policy Changes		FHWA will provide detailed information on federal position statements and policy changes that effect MoDOT’s operating procedures/policies will be discussed through a meeting of appropriate staff.	Will provide comments and schedule a meeting as needed.	Will submit within 5 business days of receiving information from FHWA Headquarters and schedule a meeting as needed.

This agreement will be reviewed and updated, as needed, on an annual basis.

IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below.

FHWA: [DIGITALLY SIGNED] Date: 2025.01.23 05:42:58 -06'00' Félix R. González FHWA-MO Division Construction and Materials Engineer Office: (573) 638-2622 Email: felix.r.gonzalez@dot.gov

MISSOURI DEPARTMENT OF TRANSPORTATION: [DIGITALLY SIGNED] Date: 2025.01.22 12:54:11 -06'00' Brandi Baldwin, P.E. State Construction & Materials Engineer Cell: (573) 338-4035 Office: (573) 751-7455 Email: brandi.baldwin@modot.mo.gov

Roles and Responsibilities of FHWA and MoDOT:

The following activities require coordination between FHWA and MoDOT in order to attain reviews/approvals within the agreed timeframes. In this agreement, all reference to days denotes business days. FHWA and MoDOT agree to work as true partners to ensure the success of the Design Division.

The following table identifies the various Design Project approval/review activities.

Activities		MoDOT/FHWA Responsibilities
Approval/Action	Reference Document	Description of Actions and Responsibilities	Expected Timeframe (MoDOT)	Expected Timeframe (FHWA)
PoDI Plan Development and Core Team Activity		FHWA Transpmtation Engineer (TE) will meet with the MoDOT District Design Engineer and Project Managers (PM) after the draft Management STIP/TIP is submitted to MoDOT Central Office to develop a short list of potential projects, based on the various risk factors. FHWA will evaluate the risk factors and develop a list of PoDIs and Core Team Activity PoDIs (including LPA Projects, see LPA Patinering Agreement).	After the MoDOT Central Office Team receives the list of PoDIs it will be uploaded to the EPG.	Will provide MoDOTa list of PoDIs for each District and the overall PoDI summary. Each PoDI will identify the various activities for each project.
		MoDOT will provide FHWA TE the ability to patticipate in core team meetings, review plans, and provide input regarding safety, compliance, and constructability on projects identified as Design PoDls and Core Team Activity Design PoDIs.	Recommend providing FHWA with a minimum of 10 days advance notice for meetings.	If FHWA would like to modify the PoDI classification of a project, FHWA will provide MoDOTa 30- days' notice (min) orior to making the change.
Preliminary Plans Review and/or Approval when identified as a PoDI Activity	23 CFR 630 Subpart B	MoDOT Design Liaison will submit approved preliminary plans to FHWA TE for review/approval. FHWA will review and provide comments as necessary.	Will submit 10 days prior to expected review deadline.	Will provide comments or approval within 10 days of receipt.
90% Plans Review and/or Approval when identified as a PoDI Activity	23 CFR 630 Subpart B	MoDOT Design Liaison will submit approved 90% plans to FHWA TE for review/approval. FHWA will review and provide comments as necessary.	Will submit 1O days prior to expected review deadline.	Will provide comments or approval within 1O days of receipt.
Plans, Specifications and Estimates (PS&E) Review and/or Approval when identified as a PoDI Activity	23 CFR 630 Subpart	MoDOT Design Liaison will submit full and complete PS&Es to FHWA TE for review/approval, coordinate with FHWA on late submittals, and keep FHWA posted on last minute changes. All right- of-way, utility, railroad, and environmental cetiification/clearances should be completed prior to submittal.	Will submit PS&E 10 days prior to federal authorization date.	Will provide comments or approval within 8 days of receipt.
		Addendums will also be submitted for approval.	Will submit addendums 2 days prior to sending to the prospective bidders.	Will provide comments or approval for addendums within 2 days of receipt.
		FHWA will review and provide comments as necessary.
Transportation Management Plan (TMP) (includes temporary traffic control plan) when identified as a PoDI Activity	23 CFR 630 Subpart J	MoDOT Design Liaison will submit TMP to FHWA TE for review/approval. FHWA will review and provide comments as necessary.	Will submit 10 days prior to expected review deadline.	Will provide comments or approval (if any) within 10 days of receipt.
Design Exceptions Approval when identified as a PoDI Activity	23 CFR 625.3 (f)	MoDOT Design Liaison and District PM will discuss design exceptions with FHWA TE prior to submittal so that complete and descriptive justification is provided. FHWA will review and provide comments as necessary.	Will submit 10 days prior to expected approval deadline.	Will provide comments or approval within 10 days of receipt.
Access Justification Report (AJR)	23 CFR 624 FHWA Policy and Procedures for New or Revised Interstate Access Approval in Missouri	MoDOT PM will invite FHWA TE to all core team meetings and ask questions to ensure the AJR covers requirements. MoDOT Design Liaison will submit a draft AJR copy to FHWA TE for review, build FHWA HQ review time into schedule (if needed), submit complete repo1t containing all traffic analysis information that has been reviewed by MoDOT staff, and coordinate with FHWA to schedule an AJR presentation for FHWA leadership to discuss potential concerns. FHWA TE will attend core team meeting as allowed and provide information regarding AJR reauirements.	Will submit final version 15 days prior to expected approval if draft is provided. Allow 20 days, if no draft. Allow 40 days if HQ approval is needed.	Will provide comments or approval within 15 days of receipt if draft is provided, 20 days if draft is not provided. Will respond within 40 days if HQ review and approval is required.

The following table identifies the various activities that may be identified as a Design Program approval/review activities.

Activities		MoDOT/FHWA Responsibilities
Approval/Action	Reference Document	Description of Actions and Responsibilities	Expected Timeframe (MoDOT)	Expected Timeframe (FHWA)
Quarterly FHWA/MoDOT Design Partnering Meetings	23 CFR 630 Subpart B	MoDOT Design Leadership will coordinate with FHWA Team Leaders and Deputy Division Administrator to schedule quarterly meetings to discuss program updates.	Quarterly	Quarterly
FHWA/MoDOT Stewardship and Oversight and Partnering Agreements	23 CFR 630 Subpart B	FHWA's Design Program Coordinator will request MoDOT's Design Program Administrator participation in the discussion of the FHWA/MoDOT agreements related to the Design Program.	Will respond and coordinate with FHWA as needed.	Annually
Revisions to MoDOT Engineering Policy Guide (EPG)	23 CFR 625 EPG Approval Process	MoDOT will involve FHWA early in the development and will submit Level 2 and Level 3 EPG Ballot Issues to FHWA for review and approval. FHWA will review, offer feedback, and approve/reject all Level 2 and 3 ballot items.	Will submit 10 days prior to expected approval.	Will provide feedback during early involvement, comments (if any), and approval or rejection within 10 days of receipt.
Revision to Standard Plans and Specifications	23 CFR 625 EPG Approval Process	MoDOT will submit Level 2 and 3 revisions to FHWA in accordance with the "Policy Approval Process". FHWA will review, offer feedback during early involvement, and approve all Level 2 and 3 revisions.	Will submit 10 days prior to expected approval.	Will provide feedback during early involvement, comments (if any), and provide approval or rejection within 10 days of receipt.
Development of Standard Job Special Provisions (JSPs) for Review and Approval	23 CFR 625 EPG Approval Process	MoDOT will include FHWA on the development of all standard JSPs that change or modify an existing specification and will submit the JSPs to FHWA for review and approval before incorporating them into the standard JSP list or specifications. FHWA will review, offer feedback during early involvement, and provide approval or rejection of the standard JSP's	Will submit 10 days prior to expected approval.	Will provide feedback during early involvement, comments (if any),and approval or rejection within 10 days of receipt.
Revisions to Utility Accommodation Policy	23 CFR 645.215	MoDOT will submit the Utility Accommodation Policy revisions to FHWA. FHWA will review, offer feedback, and approve/reject all revisions.	Will submit 10 days prior to expected approval.	Will provide comments or approval within 10 days of receipt.
Utility Variance on Interstate Right of Way	23 CFR 645.215	MoDOT will submit the Utility Variance Approval Form and supporting documentation to the FHWA Utility Program Manager.	Will submit 10 days prior to expected review deadline.	Will provide comments or approval within 10 days of receipt.
Special Experimental Project (SEP) SEPl4 SEP 15 SEPl6	SEP-14 Policy Memo dated 2/13/1990 SEP-15 Federal Register V. 69,No. 193 dated 10/6/2004 SEP-16 Federal Register V. 83, No. 183 dated 9/20/2018	MoDOT will initiate the conversation with FHWA. Will develop and submit the request, workplan, and suppmting documentation (and any other documentation necessary) to FHWA. Note: Build FHWA HQ review time into schedule; all requests must be reviewed and approved by HQ. FHWA will coordinate with MoDOT in development of the request. Will recommend acceptance to FHWA HQ. If FHWA HQ has comments, FHWA will work with MoDOT for resolution, and resubmit to HQ for final approval.	Will submit final version 20 days prior to expected comments. Allow 30 days for HQ review.	Will provide comments or recommendation to HQ within 20 days of receipt. Will respond within 30 days for HQ review and approval.

This agreement will be reviewed and updated, as needed, on an annual basis.

IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below.

FEDERAL HIGHWAY ADMINISTRATION [DIGITALLY SIGNED] Date:2025.01.23 07:51:15 -06'00' Natalie Ruth Roark Missouri Division Projects Team Leader

MISSOURI DEPARTMENT OF TRANSPORTATION [SIGNED] Damian D Small-Jay 1/30/2025 For MoDOT State Design Engineer

Roles and Responsibilities of FHWA and MoDOT:

The following activities require coordination between FHWA and MoDOT in order to attain reviews/approvals within the agreed timeframes. In this agreement, all reference to days denotes business days. FHWA and MoDOT agree to work as true partners to ensure the success of the Design-Build Program.

The following table identifies the various approval/review activities.

REQUEST FOR QUALIFICATIONS (RFQ) Design-Build procurement process begins with short-listing the most highly qualified submitters based on qualifications submitted in response to a Request for Qualifications (RFQ).

Activities		MoDOT/FHWA Responsibilities
Approval/Action	REQUIRED / PoDI SELECTED	Description of Actions and Responsibilities	Expected Timeframe (MoDOT)	Expected Timeframe (FHWA)
RFQ Review	PoDI SELECTED	MoDOT will provide the entire RFQ to FHWA for review.	Will submit 7 days prior to expected approval.	Will review the RFQ document and will provide concurrence of acceptability or comments within 7 days of receipt.
RFQ/SOQ Evaluation and Selection Process	PoDI SELECTED	FHWA will monitor the selection and scoring process but will not be part of the scoring team and will not provide formal approval of the shortlisted teams.	Will provide FHWA with a minimum of 10 days notice for meetings.	Will be available on an as-needed basis. No FHWA approval of the short list of selected teams is required.
RFQ/SOQ Summary Report	PoDI SELECTED	The Statement of Qualifications will be evaluated by a prequalification review/short listing team, known as the Executive Selection Committee. The Project Director will meet with the Executive Selection Committee to present details of all SOQs received, as well as the ratings each team received. RFQ/SOQ Summary report will be provided at the Executive Selection Committee Meeting.	Will provide RFQ/SOQ Summary Report presented to the Executive Selection Committee.	n/a

REQUEST FOR PROPOSALS (RFP) The second phase of a Design-Build procurement process consists of the submission of technical proposals, and sometimes contract price, in response to a Request for Proposals (RFP).

Activities		MoDOT/FHWA Responsibilities
Approval/Action	REQUIRED / PoDI SELECTED	Description of Actions and Responsibilities	Expected Timeframe (MoDOT)	Expected Timeframe (FHWA)*
Draft Books (all) & Instruction to Proposers (ITP)	PoDI SELECTED	Individual Chapters or Entire Book	Will submit 5 days prior to expected approval. Will submit 7 days prior if submitted in its entirety.	Will provide concurrence of acceptability or comments within 5 days of receipt for individual chapters or section submittals, and 7 days of receipt if submitted in its entirety.
Final Draft RFP	REQUIRED	23 CFR 635.112(i) Entire Request for Proposal	Will submit 10 days prior to expected approval.	Will provide concurrence of acceptability or comments within 10 days of receipt. FHWA approval of the final RFP will be provided after all review comments have been satisfactorily resolved. Written approval of the final RFP must be given by FHWA prior to its release to the shortlisted firms, and before project authorization can be given. A sample of the FHWA Approval of Final Request for Proposal Letter can be found in Appendix D.
Request for Authorization (Certification of RFP)	REQUIRED	23 CFR 635.309(p)	Will submit 10 days prior to expected approval. Will require a formal, written certification that the conditions of 23 CFR 635.309(p) have been met. A sample of MoDOT Request for Authorization Letter can be found in Appendix E.	Will provide concurrence of acceptability or comments within 10 days of receipt. Following FHWA’s approval of the RFP and submittal of the written certification, the project must be approved by FHWA in the Fiscal Management Information System (FMIS). The FMIS approval/ authorization will constitute FHWA approval to release the RFP. A sample of the MoDOT Request for Authorization Letter can be found in Appendix E.
Addendums to RFP	REQUIRED	23 CFR 635.112(i) As needed	Will submit 3 days prior to expected approval.	Will provide concurrence of acceptability, comments or deny within 3 days of receipt.

PROPOSAL PHASE

Activities		MoDOT/FHWA Responsibilities
Approval/ Action	REQUIRED / PoDI SELECTED	Description of Actions and Responsibilities	Expected Timeframe (MoDOT)	Expected Timeframe (FHWA)*
Technical Discussion Phase	PoDI SELECTED	The project team may conduct one-on-one confidential meetings with each of the shortlisted design- build proposers.	Will schedule the meetings with each team and provide dates/times to FHWA.	Will be available on an as-needed basis.
Design Exceptions+	PoDI SELECTED	Reviewed concurrently with MoDOT. Project Director will discuss design exceptions with  FHWA TE prior to submittal so that complete and descriptive justification is provided. FHWA will review and provide comments or request additional information, to concur with the acceptability of design exceptions.	Will submit 10 days prior to expected concurrence of acceptability.	Will provide concurrence of acceptability, or provide comments within 10 days of receipt. Final approval will be granted after the project is awarded.
Alternative Applicable Standards (AAS)	PoDI SELECTED	Proposers shall be responsible for submitting enough information about the AAS, so that it can be adequately evaluated. MoDOT will provide the backup information and recommendations for approval to FHWA for concurrence.	Will submit 5 days prior to expected approval.	Will provide concurrence of acceptability, comments or deny within 5 days of receipt. Final approval will be granted after the project is awarded.
NEPA Re-Evaluation review / Supplemental NEPA document++ Special Circumstances for NEPA Approval After Award may be needed based upon the specific needs of a project.	REQUIRED	23 CFR 771 and 774 Proposals submitted as part of the Design-Build process may include modifications or changes to the project engineering, location, traffic handling, or other project impacts from those that were evaluated in a NEPA document. FHWA will maintain close coordination throughout the proposal stage of the Design-Build process to assist MoDOT in providing feedback and guidance regarding the NEPA process.	Will submit 7 days prior to expected approval.	Will provide concurrence of acceptability, or provide comments within 7 days of receipt.
Right of Way Conditional Clearance (ROW)	PoDI SELECTED	23 CFR 635.309 All right-of-way (ROW) actions must be in conformance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and implementing 49 CFR Part 24 Regulations.	Will submit 5 days prior to expected approval. Will ensure that EPG Section 236.3.4.3 and 236.3.7.8 of the EPG are followed to correspond with the Design-Build process.	Will provide concurrence of acceptability and approve all conditional clearances within 5 days of receipt.
+++Modified or New Conceptual Access Justification Report (AJR) +++Modifications or New proposals proposed by the shortlisted teams (if applicable)	REQUIRED	23 USC 111 Modified or New Conceptual AJR - see the policy on FHWA Missouri website 23 CFR 624 FHWA Policy and Procedures for Interstate System Access	Will follow the process outlined in the AJR Guide and the general steps outlined in the FHWA Missouri website to provide the best results and FHWA Division responses on AJR proposals. Will submit modified AJRs 10 days prior to expected approval. Allow additional time if HQ review is needed.	Will provide concurrence of acceptability, or provide comments within 10 days of receipt of the AJR.
			Allow additional time if HQ review is needed.	Will provide comments within 40 days of receipt of the AJR.
Proposal Evaluation Process	PoDI SELECTED	FHWA will observe and provide assistance.	Will schedule the meetings and provide dates/times to FHWA.	Will be available on an as-needed basis.
Proposal Evaluation Summary Report	PoDI SELECTED	Provided at the Executive Recommendation Committee Meeting	Will schedule the meeting and provide date/time to FHWA.	Will be available on an as-needed basis.
Executive Selection Committee Meeting	PoDI SELECTED	FHWA will observe the Executive Selection Committee Meeting and discussion	Will schedule the meeting and provide date/time to FHWA.	Will be available on an as-needed basis.
FHWA Concurrence of Contract Award	REQUIRED	Upon approval from the Commission, and before the award is announced publicly, MoDOT will request in writing that FHWA concur in the final award of the contract to the apparent best- value proposer.	Will submit Approval from the Commission 1 day after Approval. A sample of MoDOT Request for Concurrence in Award Letter can be found in Appendix F.	Will provide approval or comments within 1 day of receipt. A sample of FHWA Concur in Award Letter can be found in Appendix G.

DESIGN AND CONSTRUCTION PHASE The design and construction phase of the project will include all actions and activities from contract award through project completion. This phase will include design reviews and meetings, design plan reviews, quality assurance plan review/approval, construction inspections, change orders, design exceptions, status/scheduling meetings, etc.

Activities		MoDOT/FHWA Responsibilities
Approval/ Action	REQUIRED / PoDI SELECTED	Description of Actions and Responsibilities	Expected Timeframe (MoDOT)	Expected Timeframe (FHWA)*
+++Final Access Justification Report (AJR) ++NEPA Re-Evaluation Approval (if applicable)	REQUIRED	Prepared by best-value proposer during final design - see the policy on FHWA Missouri website. 23 USC 111 and 23 CFR 624 FHWA Policy and Procedures for Interstate System Access. 23 CFR 771 & 774 Environmental Impact and Related Procedures (NEPA) & SECTION 4(f)	Will follow the process outlined in the AJR Guide and the general steps outlined in the FHWA Missouri website to provide the best results and FHWA Division responses on AJR proposals. Will submit final AJR version 10 days prior to expected approval.	Will provide approval, comments or deny within 10 days of receipt.
			Allow additional time if HQ review is needed.	Will provide comments within 40 days of receipt.
Quality Assurance Plan	REQUIRED	The QA program must meet all the requirements of 23 CFR 637.207. FHWA approval of the QA program to be utilized on each project must be received prior to the start of construction.	Will submit 10 days prior to expected approval.	Will provide approval, comments or deny within 10 day of receipt.
Design Exceptions+	PoDI SELECTED	Following Award of the Project to the Best Value Proposer, the Contracting Team will finalize the formal Design Exception for Approval in accordance with the MoDOT EPG 131.1. FHWA will review and provide comments or request additional information, to approve or deny the design exceptions.	Will submit 10 days prior to expected approval.	Will provide approval, comments or deny within 10 days of receipt.
Plans Review	PoDI SELECTED	Plan sets that require FHWA review will be performed concurrent with the MoDOT review, to expedite the review and concurrence/approval process.	Will submit 5 days prior to expected approval. Allow additional time if HQ review is needed.	Will provide comments within 5 days of receipt.
Change Orders	PoDI SELECTED	Change orders that require FHWA review will be performed concurrent with the MoDOT review, to expedite the review and approval process. All change orders must be adequately documented, and include an independent MoDOT estimate of costs.	Will submit 10 days prior to expected approval.	Will provide approval, comments or deny within 10 days of receipt.
Construction and Focus Areas Inspection Reports	PoDI SELECTED	FHWA will conduct periodic on-site construction inspections of on-going construction operations based on FHWA’s risk based oversight program. Inspections will be documented on a standard FHWA inspection report.	MoDOT project staff will be available on an as-needed basis to join FHWA TE during the field review.	Will schedule the field review and provide dates/times to MoDOT. Copies of the FHWA inspection report will be transmitted to MoDOT in accordance with the FHWA/MoDOT Construction & Materials Partnering Agreement.

* If significant issues are noted, additional time may be required. Significant issues may require coordination with the FHWA Headquarters Office and/or any resources to resolve and may prolong the review period.

+Non-PoDI projects - Design Exception will require FHWA concurrence of acceptability if an AJR is needed. FHWA will provide concurrence of acceptability, or provide comments within 10 days of receipt.

++NEPA Special Circumstances - FHWA and MoDOT will evaluate the NEPA approval process after award on a case-by-case basis.

+++Access Justification Report (AJR) - see the policy on FHWA Missouri website at https://www.fhwa.dot.gov/modiv/programs/intersta/ and Appendix B: AJR Guidance in Design-Build projects.

This agreement will be reviewed and updated, as needed, on an annual basis.

IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below.

FEDERAL HIGHWAY ADMINISTRATION: [DIGITALLY SIGNED] Date: 2025.01.17 09:01:40 -06'00' Natalie Roark, P.E. Projects Team Leader

MISSOURI DEPARTMENT OF TRANSPORTATION: [DIGITALLY SIGNED] Date: 2025.01.21 13:21:31 -06'00' David J. Simmons, P.E. MoDOT Design-Build Coordinator

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APPENDIX A DESIGN-BUILD PROCESS FLOW CHART

FHWA-MODOT DESIGN-BUILD PROCESS FLOW CHART

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APPENDIX B AJR GUIDANCE IN DESIGN-BUILD PROJECTS

FHWA - MoDOT Design-Build Agreement Access Justification Guidance in Design-Build Projects

The goal for both MoDOT and FHWA is to identify the most efficient and cost-effective process for appropriately processing modification of access to an interstate in the Design-Build procurement. The Project Director and FHWA TE should collaborate on the appropriate path forward using this guidance.

Risk Analysis

Analyzing risk in projects is paramount to the success of delivering quality projects. MoDOT performs risk assessments on projects as part of the Project Delivery Determination process, preparation of the Request for Proposal, and at the beginning of the Design-Build Contract. The risk associated with obtaining an Access Justification Report approval should be considered when analyzing risk in the project.

Risk Mitigation:

Projects of High Risk - Projects with major impacts to interstate access, interchange reconfigurations, corridors, high volumes, etc.

• Pre-Procurement - Conceptual AJR approval shall be prepared and included in the RFP.
• Proposal - The Instructions to Proposers shall include the requirement of a Traffic & Safety Operational Analysis (Policy Point 3) and a Conceptual Signing Plan as part of the proposal if the proposal includes modifications to an existing Conceptual AJR.
• Design and Construction Phase - The Contractor shall be responsible for preparing any modification to an existing Conceptual AJR for Approval and the Final AJR Approval.

Projects of Medium Risk - Projects with impacts to an interchange that enhance the interchange like adding movements, medium to high volumes, etc.

• Pre-Procurement - A Traffic and Safety Operational Analysis (TS&O) should be prepared and included in the RFP.
• Proposal - The Instructions to Proposers shall include the requirement of a Traffic & Safety Operational Analysis (Policy Point 3) and a Conceptual Signing Plan as part of the proposal if the proposal includes modifications to an existing, or requires a new TS&O.
• Design and Construction Phase - The Contractor should be responsible for preparing any modification to or any new Conceptual AJR for Approval and the Final AJR Approval.

Projects of Low Risk - Projects with no anticipated impacts to access to the interstate, but there is a potential as part of the Design-Build process.

• Pre-Procurement - No preliminary AJR work is prepared.
• Proposal - The Instructions to Proposers should include the requirement of a Traffic & Safety Operational Analysis (Policy Point 3) and a Conceptual Signing Plan as part of the proposal if the proposal includes any impacts to interstate access if required.
• Design and Construction Phase - The Contractor should be responsible for preparing the required Conceptual AJR for Approval and the Final AJR Approval.

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APPENDIX C FHWA & MoDOT CONFIDENTIALITY AGREEMENT

Missouri Division 8/7/2013

3220 W. Edgewood, Suite H Jefferson City, Missouri 65109 (573) 636-7104 Fax(573)636-9283 Missouri.FHWA@fhwa.dot.gov In Reply Refer To: HDA-MO

Mrs. Kathy Harvey, State Design Engineer Missouri Department of Transportation, Central Office 105 W. Capitol Avenue Jefferson City, MO 65102

Subject: Confidentiality on Design Build Projects

Dear Mrs. Harvey,

On occasion, FHWA employees have been requested to sign State Confidentiality Statements related to Federally-assisted procurement actions, consultant negotiations, design build contracts, or development of environmental documents. Based on guidance provided by our Office of Chief Counsel, please be advised that such action is beyond the regulatory authority of FHWA employees. However, FHWA staff may elect to participate as an observer and/or technical resource under 23 CFR 1.5 for any project funded or eligible for funding as part of the Federal-aid Highway program.

Regarding confidentiality, all employees of the US Department of Transportation including FHWA are bound by 18 U.S.C. &sec; 1905 which carries a criminal penalty if any employee discloses confidential commercial information. In accordance with these regulations:

1. FHWA employees who need to view the confidential commercial information will use the same degree of care to protect the information as used to protect FHWA information of similar nature, but in any event not less than reasonable care under the circumstances.

2. FHWA employees will withhold confidential commercial information authorized to be withheld under 5 U.S.C. &sec; 552(b)(4), which is co-extensive with 18 U.S.C. § 1905.

3. Under a FOIA request for records that includes confidential commercial information which may be releasable under FOIA, FHWA will promptly notify MoDOT and provide an opportunity to object to the disclosure of the information and to state the basis for the objection. The burden of proof to justify nondisclosure resides with MoDOT. The MoDOT has the right to file in the District Court to prevent the disclosure of information that it considers confidential; in the event such a filing is made, the process to disclose such information would be stopped and the matter referred to legal counsel.

4. If taken to court on our decision to withhold confidential commercial information under FOIA, FHWA will forcefully argue to the Department of Justice the validity of that decision and urge it to defend that decision by all appropriate means.

In summary, FHWA Missouri Division employees cannot execute confidentiality agreements but will use the best efforts at our disposal to protect confidential information submitted by MoDOT for review or as requested by FHWA for projects funded or eligible for Federal-aid highway funding.

If you should have any further questions please do not hesitate to contact Mr. Scott Bowles at (573) 638-2610.

Sincerely yours,

[SIGNED]

Scott Bowles Program Implementation Team Leader

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APPENDIX D FHWA APPROVAL OF FINAL REQUEST FOR PROPOSAL LETTER

Missouri Division October 5, 2023

3220 W. Edgewood, Suite H Jefferson City, Missouri 65109 (573) 636-7104 Fax(573)636-9283 Missouri.FHWA@fhwa.dot.gov In Reply Refer To: Charles Pursley HDA-MO

Attention:	Mr. Eric Kopinski–Improve I-70 Program Director Missouri Department of Transportation
Subject:	Improve I-70 - Columbia to Kingdom City Design-Build Project Rte. I-70, Boone and Callaway Counties Job No. JST0021 Approval of Request for Proposals (RFP)

Mr. Patrick McKenna, Director Missouri Department of Transportation Jefferson City, Missouri 65102

Dear Mr. Kopinski:

This letter is in response to the October 5, 2023, request from the Missouri Department of Transportation (MoDOT) for our review and approval of the Final RFP document of the Improve I-70 - Columbia to Kingdom City Design-Build Project in Boone & Callaway Counties.

The Federal Highway Administration (FHWA) Missouri Division has reviewed and commented on the Final RFP. FHWA comments have been adequately addressed and the associated changes to the RFP document are satisfactory.

Construction authorization and obligation of federal funds for construction (FMIS approval/authorization) will not occur until MoDOT certifies that the conditions of 23 CFR 635.309(p) have been met. FHWA concurs in this deviation from the process outlined in MoDOT’s Engineering Policy Guide, 139.8.2.4.

This letter provides FHWA's approval of the Final RFP and authorization to release the RFP to the short list of proposers.

Modifications to the RFP, or any other Governmental Approvals which have been provided for this project are subject to FHWA review and approval.

If you have any questions, you can contact me at (573) 638-2611 or at Charles.pursley@dot.gov

Sincerely yours,

Charles Pursley Transportation Engineer

Copies:

Jennifer Becker -MoDOT Design Liaison Vershun Tolliver - FHWA MO Division Deputy Division Administrator Kevin Irving - FHWA MO Division Acting Program Implementation Team Leader Pete Clogston - FHWA Major Projects Engineer

 

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APPENDIX E MoDOT REQUEST FOR AUTHORIZATION LETTER

Missouri Department of Transportation

Michael Marriott, P.E. Project Director Northwest Bridge Bundle 1303 S. Mitchell Ave. Chillicothe, MO 64601 Office: (660) 646-3218 Cell: (816) 262-1797

May 10, 2023

Scott Stotlemeyer, P.E. Federal Highway Administration 3220 W. Edgewood, Suite H Jefferson City, MO 65109

RE: Northwest Bridge Bundle - Request for Project Authorization

Dear Mr. Stotlemeyer,

This letter is to request approval of the Northwest Bridge Bundle RFP and authorization to release the RFP to the short-listed submitters. I certify that all the requirements listed in 23 CFR 635.309(p) have been met. Each item below details the compliance.

The planning process that was followed conforms to the statewide transportation planning requirements (23 CFR part 450). The project has already been added to the Statewide Transportation Improvement Program (STIP) and was approved by the Missouri Highway and Transportation Commission at their July 6, 2022 meeting.

The NEPA process has been completed per 23 CFR 636.109. The NEPA process concluded with the issuance of a Programmatic Categorical Exclusion (PCE) by the Federal Highway Administration (FHWA) for one location on March 30, 2023, and thirty-three locations on April 17, 2023. If the contractor proposes an alternative or modification to the cleared environmental footprint provided, the contractor will be responsible for performing a new environmental evaluation for the additionally impacted area. The contractor will be responsible for obtaining any additional clearance and for complying with the required National Environmental Policy Act (NEPA) regulations, documentation requirement and approvals for the additionally impacted area.

Utilities have been identified and located along the corridor. MoDOT has discussed relocation with each utility company. The cost obligations and the process will follow MoDOT policies. Impacts, if any, are unknown and the relocation process will not begin until the Contractor has established their design and the extent of the required relocations and adjustments have been identified. This information is included in the RFP.

MoDOT is overseeing the purchase of any necessary realty interest for the project. If the Contractors plans should require any additional realty interests outside of the area obtained by MoDOT, the cost will be the contractors. All purchases shall be in compliance with the Uniform Relocation and Real Properties Acquisition Policies Act, as amended (Uniform Act), 49 CFR part 24. This information is included in the RFP.

No railroads will be impacted by this project. The project is authorized by 227.107 RSMO.

MoDOT understands that changes to the design-build project concept and scope may require a modification of the Statewide Transportation Improvement Program and transportation improvement program. Compliance will be in accordance with the metropolitan and statewide transportation planning requirements in 23 CFR part 450. MoDOT will provide appropriate approval notification to the design builder for such changes.

Thank you for your review of this request for approval of the Northwest Bridge Bundle RFP and authorization to release the RFP to the short-listed submitters.

If you should have any questions or comments, please feel free to contact me at (816) 262-1797 or Michael.Marriott@modot.mo.gov

Sincerely,

[SIGNED]

Michael Marriott Project Director

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APPENDIX F MoDOT REQUEST FOR CONCURENCE IN AWARD LETTER

Improve I-70 Program Eric Kopinski, Program Director Missouri Department of Transportation 830 MoDOT Drive Jefferson City, MO 65109

November 12, 2024

Mr. Jim Smith, P.E. Federal Highway Administration 3220 West Edgewood, Suite H Jefferson City, Missouri 65109

Subject:

Concurrence in Award to Best Apparent Value Proposer Job Number: JST0020/J6I3033 Warren and St. Charles Counties, Missouri Improve I-70: Warrenton to Wentzville Design-Build Project

Dear Mr. Smith,

Please find the Final Recommendation Report for Job Number JST0020/J6I3033, Improve I-70: Warrenton to Wentzville Design-Build Project. We respectfully request a Concurrence in Award to the Joint Venture of Emery Sapp & Sons and Clarkson Construction Company in association with HNTB and Bartlett & West. This report is consistent with the recommendation to the MoDOT Executive Committee on November 5, 2024. The Missouri Highways and Transportation Commission approved this recommendation at the November Commission meeting on November 8, 2024.

Sincerely,

Kimberly M. Trainor, P.E. Improve I-70 East Project Director Kimberly.Trainor@modot.mo.gov 573-231-2786

Our mission is to provide a world-class transportation system that is safe, innovative, reliable and dedicated to a prosperous Missouri. www.modot.org

 

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APPENDIX G SAMPLE OF FHWA CONCUR IN AWARD LETTER

11/14/2024

Missouri Division 3220 W. Edgewood, Suite H Jefferson City, Missouri 65109 (573) 636-7104 Fax (573) 636-9283 Missouri.FHWA@.dot.gov

Ms. Kimberly M. Trainor Improve I-70 East Project Director Missouri Department of Transportation

Subject:

Improve I-70 - Warrenton to Wentzville Design-Build Project Rte. I-70, Warren, and St. Charles Counties Job No. JST0020/J6I3033 Concurrence in Award to Apparent Best Value Proposer

Dear Ms. Trainor:

This letter is provided in response to the November 12, 2024, submittal of the Final Recommendation Report (FRR) for the subject Design-Build project and request for FHWA’s concurrence in award of the project to the apparent best value proposer. Based on our review of the FRR, the approval of the FRR provided by the MoDOT Executive Selection Committee on November 5, 2024, and the award of the contract provided by the Missouri Highways and Transportation Commission on November 8, 2024, FHWA offers concurrence in the award of the project to the Improve 70 Alliance Joint Venture of Emery Sapp & Sons and Clarkson Construction in association with HNTB and Bartlett & West.

We understand that there may be negotiations of final contract details prior to the signing of the executed contract with the Improve I-70 Alliance Joint Venture Team. Please keep FHWA updated on the progress of the contract negotiations. FHWA asks that any significant changes to terms of the contract be coordinated with FHWA staff, and that an electronic copy of the final executed contract be submitted to our office.

I look forward to my continued work with your staff during the design and construction phases of this project. If you have any questions or concerns, please contact me at 573-638-2613 or at james.e.smith@dot.gov.

Sincerely yours,

James E. Smith, P.E. Transportation Engineer Federal Highway Administration

cc:

Kevin Ward, FHWA Missouri Division Administrator Dawn Perkins, FHWA Missouri Deputy Division Administrator Natalie Roark, Projects Team Leader Pete Clogston, Major Projects Engineer Eric Kopinski, Improve I-70 Program Director Jennifer Becker, Design Liaison-MoDOT Chris Kelly, Deputy East Project Director-MoDOT David Simmons, MoDOT Design-Build Coordinator

Roles and Responsibilities of FHWA and MoDOT:

The following activities require coordination between FHWA and MoDOT in order to attain reviews/approvals within the agreed timeframes. In this agreement, all reference to days denotes business days. FHWA and MoDOT agree to work as true partners to ensure the success of the Emergency Relief Program.

The following table identifies the various approval/review activities.

Activities		MoDOT/FHWA Responsibilities
Approval/Action	Reference Document	Description of Actions and Responsibilities	Expected Timeframe (MoDOT)	Expected Timeframe (FHWA)
Notice of Intent to request ER Funds	23 CFR 668.111	MoDOT will submit notice of intent to request emergency relief funds to FHWA.	Will submit within six (6) weeks following the disaster declaration date unless discussed with FHWA in advance.	Will provide acknowledgement letter to MoDOT within two (2) weeks after receiving their notice of intent.
Establish threshold for Field Inspections		MoDOT Safety and Emergency Management staff and FHWA staff will determine a reasonable damage threshold for individual sites that will require field inspection of the damage by FHWA staff.	ASAP after receiving FHWA’s acknowledgment letter.	ASAP after issuing FHWA’s acknowledgment letter.
Schedule FHWA Damage Site Inspections	23 CFR 668.113 (a)	MoDOT Safety and Emergency Management staff and FHWA staff will schedule damage site inspections for those sites that require a field inspection by FHWA staff.	ASAP after receiving FHWA’s acknowledgment letter.	ASAP after issuing FHWA’s acknowledgment letter.
DDIR Approval for Field Inspected Sites	ER Manual	MoDOT Safety and Emergency Management staff will provide adequate documentation to support the eligibility of the individual damage sites.	Most DDIRs should be reviewed and approved by FHWA staff within six (6) weeks after the field conditions allow for an assessment of the damage at each site.	After field verification the DDIR for these sites should be completed, signed, and approved by FHWA, at the conclusion of the field inspection, whenever possible, or no later than 3 business days following the field inspection.
Damage Site Documentation Review Meeting	23 CFR 668.113 (a)	MoDOT Safety and Emergency Management staff and FHWA staff will schedule damage site documentation review meetings for those sites that do not require a field inspection by FHWA staff.	ASAP after receiving FHWA’s acknowledgment letter.	ASAP after issuing FHWA’s acknowledgment letter.
DDIR Approval for Sites that do not require a Field Inspection	ER Manual	MoDOT Safety and Emergency Management staff will provide adequate documentation to support the eligibility of the individual damage sites.	Most DDIRs should be reviewed and approved by FHWA staff within six (6) weeks after the field conditions allow for an assessment of the damage at each site.	The DDIR for these sites should be completed, approved, and signed by FHWA during the course of the meeting.
Standard ER Request Method- Submit Damage Survey Summary Report	23 CFR 668.111 (b) (1)	MoDOT Safety and Emergency Management staff will submit Damage Survey Summary Report (DSSR) with supporting information to FHWA.	Within one (1) week after a sufficient number of DDIR’s have been signed by FHWA and MoDOT Staff to establish event eligibility and within six (6) weeks after MoDOT submits its letter of intent to seek reimbursement for the disaster.	Review Damage Survey Summary Report and supporting documentation and notify MoDOT of FHWA’s eligibility determination within two (2) weeks. Notify FHWA HQ concurrently.
Quick Release ER Request Method-Submit Abbreviated Damage Survey Summary Report	23 CFR 668.111 (b) (3)	MoDOT Safety and Emergency Management staff will submit an abbreviated DSSR.	Within one (1) week after a sufficient number of DDIR’s have been signed by FHWA and MoDOT Staff to establish event eligibility.	Review Damage Survey Summary Report and supporting documentation and notify MoDOT of FHWA’s eligibility determination within two (2) weeks of submittal.
Quick Release ER Request Method-Submit Complete Damage Survey Summary Report	23 CFR 668.111 (b) (3)	MoDOT Safety and Emergency Management staff will submit a complete DSSR.	Within six (6) weeks after MoDOT submits its letter of intent to seek reimbursement for the disaster.	Review Damage Survey Summary Report and supporting documentation and notify MoDOT of FHWA’s eligibility determination within two (2) weeks of submittal to FHWA.
Program of Projects	23 CFR 668.113	MoDOT Safety and Emergency Management staff will prepare the Program of Projects immediately following the FHWA Division Administrator’s approval of the ER application.	The Program of Projects should be submitted to FHWA within three (3) months of receipt of the Division Administrator’s approval of the event.	Review Program of Projects and supporting documentation and provide a response within two (2) weeks of submittal to FHWA.
Permanent Repairs by State or Local Forces	23 CFR 635.204	Obtain approval from FHWA for any permanent restoration work to be performed by state or local forces.	Prior to starting any permanent repairs at the site.	Review and respond to requests for utilization of state or local forces within two (2) weeks of receipt of request.
Project Authorization for Permanent Repairs	23 CFR 668.113 (b) (1)	MoDOT Safety and Emergency Management staff and MoDOT Financial Services staff will jointly ensure that Construction Authorization is received from FHWA.	Prior to performing permanent restoration work with state forces or advertisement of any contracted permanent repairs.	Review and respond to requests for Construction Authorization within two (2) weeks of receipt of request.
Amended DDIR	ER Manual	MoDOT Safety and Emergency Management staff will submit amendments to DDIR’s when there are changes in the scope of the repairs or changes that would affect the classification of the repairs as either permanent or emergency repairs.	As soon as the changed condition is known and prior to starting any permanent repairs at the site.	Review and respond within two (2) weeks of receipt of request.
Amended DDIR	ER Manual	MoDOT Safety and Emergency Management staff will submit amendments to DDIR’s prior to the FMIS project authorization if the actual cost exceeds the estimated cost in the DDIR by more that 20 percent or a minimum of $20,000.	Prior to submitting the request for FMIS project authorization.	Review and respond within two (2) weeks or receipt of amendment(s).

This agreement will be reviewed and updated, as needed, on an annual basis.

IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below.

FEDERAL HIGHWAY ADMINISTRATION [DIGITALLY SIGNED] Date: 2025.01.21 08:57:38 -06'00' Natalie Ruth Roark FHWA-MO Division Projects Team Leader

MISSOURI DEPARTMENT OF TRANSPORTATION [DIGITALLY SIGNED] Date: 2025.01.21 09:15:59 -06'00' Christopher R Engelbrecht MoDOT-Safety and Emergency Management Division Director

Roles and Responsibilities of FHWA and MoDOT:

The following activities require coordination between FHWA and MoDOT in order to attain reviews/approvals within the agreed timeframes. In this agreement, all reference to days denotes calendar days, unless otherwise noted. FHWA and MoDOT agree to work as true partners to ensure the success of the Environmental Program.

The following table identifies the various approval/review activities.

Activities		MoDOT/FHWA Responsibilities
Approval Action	Reference Document	Approving Agency, Review Timeframe	MoDOT	FHWA
Programmatic Categorical Exclusion (PCE)	23 CFR 771 Programmatic Agreement for CEs	FHWA, 3 business days	Central office notifies district of approval action (consult FHWA as needed) Central office prepares report for FHWA (quarterly)	Verifies use of the Programmatic CE when requested Reviews quarterly submittal for risk- based stewardship and oversight purposes
Documented Categorical Exclusion (CE2) or revisions based on FHWA comments	23 CFR 771	FHWA, 2 weeks	Provides a completed CE2 and related source documents (such as surveys, studies, PI material, etc.) to FHWA prior to needed action	Requests additional information, provides comments or approval to MoDOT
Environmental Assessment (EA)	40 CFR 1500 23 CFR 771 TA 6640.8A	FHWA, 4 weeks	Provides a complete submittal to FHWA prior to needed action	Requests additional information, provides comments or approval to MoDOT
Finding of No Significant Impacts	40 CFR 1500 23 CFR 771 TA 6640.8A	FHWA, 4 weeks	Provides a complete submittal to FHWA prior to needed action	Requests additional information, provides comments or approval to MoDOT
NEPA Coordination Plan	SAFETEA- LU Section 6002 FAST Act Section 1304	FHWA, 2 weeks	Provides a complete submittal to FHWA prior to needed action	Requests additional information and provides comments to MoDOT
Classes of Action	23 CFR 771	FHWA, 2 weeks	Provides a complete submittal to FHWA prior to needed action	Requests additional information and provides comments to MoDOT
Purpose and Need	40 CFR 1500 23CFR 771 TA 6640.8A	FHWA, 4 weeks	Provides a complete submittal to FHWA prior to needed action	Requests additional information and provides comments to MoDOT
Environmental Impact Statement (EIS) and FEIS/ROD combined	40 CFR 1500 23 CFR 771 TA 6640.8A	FHWA, 8 weeks	Provides a complete submittal to FHWA prior to needed action	Requests additional information, provides comments or approval to MoDOT
Record of Decision	40 CFR 1500 23 CFR 771 TA 6640.8A	FHWA, 4 weeks	Provides a complete submittal to FHWA prior to needed action	Requests additional information, provides comments or approval to MoDOT
EA, EIS, 4(f) revised to address FHWA comments	40 CFR 1500 23 CFR 771 23 CFR 774 TA 6640.8A	MoDOT, 3 weeks* FHWA, 4 weeks	Provides revised copies that clearly indicate the changes that were requested from receipt of complete information from districts	Provides comments or approval to MoDOT including legal sufficiency review when appropriate
CE and EA/EIS Reevaluations	23 CFR 771	FHWA, 2 & 4 weeks, respectively	Provides a complete submittal to the FHWA prior to needed action	Requests additional information, provides comments or approval to MoDOT
Section 106 Compliance	36 CFR 800	FHWA, 4 weeks	Provides a complete submittal to the FHWA prior to needed action	Provides documentation to the Advisory Council on Historic Preservation and other consulting parties (tribes, historic organizations, etc.) requesting consultation determination and reviews and approves MOAs.
Section 4(f) de minimis	23 CFR 774	FHWA, 2 weeks	Provides a complete submittal to the FHWA prior to needed action	Requests additional information, provides comments or approval to MoDOT
Programmatic Section 4(f)	23 CFR 774	FHWA, 4 weeks	Provides a complete submittal to FHWA prior to needed action	Requests additional information; provides comments or approval to MoDOT
Individual Section 4(f) Evaluation	23 CFR 774	FHWA, 6 weeks	Provides a complete submittal to FHWA prior to needed action	Requests additional information, provides comments or approval to MoDOT
Biological Assessment (BA) under ESA for LAA	ESA	FHWA, 2 weeks	Provides complete submittal to FHWA prior to needed action	Requests additional information, provides comments to MoDOT for revision and submits to US FWS
PEL Coordination Review Points	23 CFR 450 23 USC 168 PEL Questionnaire	FHWA, 2 weeks	Provides complete submittal to FHWA prior to needed action	Requests additional information, provides comments or approval to MoDOT
Final PEL Documentation	23 CFR 450 23 USC 168 PEL Questionnaire	FHWA, 4 weeks	Provides a complete submittal to the FHWA prior to needed action	Requests additional information, provides comments or approval to MoDOT
NEPA document public involvement material for EA/EISs	EPG 129	Concurrent with MoDOT review and determined by current schedule	Include FHWA on all correspondence outlined in the EPG	Provide comments or approval to MoDOT

*from receipt of complete information from districts

This agreement will be reviewed and updated, as needed, on an annual basis.

IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below.

FHWA: [DIGITALLY SIGNED] Date: 2025.01.15 10:53:34 -06'00' Rebecca Rost FHWA-MO Division Environmental Specialist (573) 638-2623

MISSOURI DEPARTMENT OF TRANSPORTATION: [DIGITALLY SIGNED] Date: 2025.01.15 08:44:20 -06'00' Melissa Scheperle MoDOT Environmental and Historic Preservation Manager (573) 526-6684

Roles and Responsibilities of FHWA and MoDOT:

The following activities require coordination between FHWA and MoDOT in order to attain reviews/approvals within the agreed timeframes. In this agreement, all reference to days denotes business days. FHWA and MoDOT agree to work as true partners to ensure the success of the Financial Program.

The following table identifies the various approval/review activities.

Activities		MoDOT/FHWA Responsibilities
Approval/Action	Reference Document	Description of Actions and Responsibilities	Expected Timeframe (MoDOT)	Expected Timeframe (FHWA)
Appropriations, Allotments, Obligations	31 USC 1341(a)(1)( A) & (B); 31 USC 1517(a); 23 USC 118(b); 23 USC 121	Obligation of federal aid funds by the applicable program deadlines. Percent of local program funds obligated reported through Tracker-6g.	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 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.	FHWA will communicate funding notices to MoDOT, within 1 - 2 working days.
August Redistribution	Annual FHWA Notice	MoDOT will report to FHWA its request for August Redistribution by the requested due date each year.	MoDOT will prepare reports to document the unused balances of fiscal year obligation limitation subject to lapse annually, by the established due date.	FHWA will review MoDOT's plan and submit to OCFO for processing by the established due date.
Authorize Current Bill (CB) (Note: this action cannot be assumed by State)	23 CFR 140; 23 CFR 635.122, Updated Actions Needed to Reduce Improper Payments Memo, June 22, 2020	MoDOT will submit the bill by 1:00pm a day prior to the payment date. FHWA will approve the bill no later than 10:30 a.m. central time on the requested payment date. No CB credits switching costs on same project. # of CB credits for charges to wrong project. $ and # of CB credits processed (<$10,000 and =>$10,000)	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, provide FHWA a detailed description of what caused credits totaling $10,000 or greater and verification that cost billed more than 120 days after the end date have an approved extension of time in FMIS to liquidate and submit the final voucher per 2 CFR 200.344. The Current Bill End Date Tracker report is utilized to ensure payments are only requested for cost incurred within the period of performance and submitted through the Current Bill within the 120 days after the end date as prescribed by 2 CFR 200.344.	FHWA will process payments to MoDOT on a weekly basis or as scheduled.
Inactive Projects	23 CFR 630.106(a); FHWA memorandu ms dated May 12, 2017	% of inactive obligations to MO’s annual apportionment. % authorizations with expenditures within 270 days. % of inactive projects with $0 expended .	MoDOT will proactively monitor active and inactive projects, report project status by established deadlines and adjust the federal funds to the current best cost estimate. MoDOT will provide complete justifications for inactive projects in the SharePoint inactive report 45 calendar days prior to quarter end. MoDOT will provide responses to FHWA request for additional information and meet at the beginning of each quarter to review. If a project obligation is deemed improper, MoDOT will submit the final voucher, project adjustment, withdrawal, etc. at least 10 days prior to quarter end.	FHWA will have 10 days to review the report and concur or request additional information. FHWA will approve FMIS approval action for all funding adjustments sent at least 10 days prior to quarter end.
Innovative Finance	TIFIA - 23 USC 601- 609, GARVEEs - 23 USC 122; GARVEE Guidance 3/14, SIB - NHS Act Section 308; 23 USC 610; SIB Guidance 3/14		MoDOT will consider new and innovative financial solutions offered by FHWA. MoDOT will work with FHWA to continuously search for possible sources to identify new highway financing tools MoDOT will submit annual updates for SIB, GARVEE and Toll Credit Reporting by the established deadline.	FHWA will advise MoDOT of new innovative financial tools to advance and complete transportation projects. FHWA will review the annual updates for SIB, GARVEE and Toll Credit Reporting and submit to DA for approval to meet established deadlines.
Indirect Cost Allocation (ICAPs)	2 CFR 200 Subpart and Appendix VII, E, FHWA memo 9/4/15	MoDOT will submit additive rate updates by April 15 each year.	MoDOT will submit additive rate updates annually to FHWA for review and approval.	FHWA will review and approve prior to June 30 each year when rates package is submitted timely.
Obligate funds/approve Federal-aid Agreements (project authorization) (Note: this action cannot be assumed by State)	23 CFR 630, Subpart A	FMIS transactions will be processed timely and accurately. FHWA will approve or return 90% of FMIS actions within 10 days consistent with the Joint Project Authorization Process. FHWA will approve or return project returns within 5 days. # of conditional approvals and related areas # of expedited project approval requests	All Federal-aid Agreements submitted by MoDOT to FHWA will have the appropriate program approvals (e.g. PS&E, ROW, force account, NEPA). MoDOT will evaluate projects authorized but not awarded within 6 months to determine if the authorization should be withdrawn or the cost estimate and period of performance end date should be adjusted.	FHWA will review and approve Federal- Aid Agreements within the established timeframes as described in the performance measures.
Oversight, e FIRE Program	FHWA Order 4560.1C, FHWA Memo 1/11/2023		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. MoDOT will ensure staff access to FMIS/Current Bill is monitored for authorized use only.	FHWA will provide oversight as it relates to enterprise Financial Integrity Review and Evaluation (eFIRE) Program through risk assessments and related process reviews, spot checks or other practiced methods. FHWA will monitor FMIS access monthly and Current Bill access quarterly to manage system security.
Project Closure	49 CFR Part 18; 2 CFR 200.344	FHWA will approve or return 90% of final vouchers within 15 calendar days.	MoDOT will submit projects for closure within 120 days after the period of performance end date. The timelines for conversion of funds and subsequent closure will be based on sound financial management practices.	FHWA will review and approve project closures within the established timeframe.
Transfer of Funds between programs or to other FHWA offices or agencies as requested by State	23 USC 126, FHWA Order 4551.1	FHWA will approve or return the transfer within 10 days	MoDOT will submit requests for transfer. Staff will monitor transfers for timely processing.	FHWA approves and processes the funding transfers between programs, to other States, to other agencies, and to FHWA HQ, Federal Lands, or Research offices. Staff will monitor transfers for timely processing.

This agreement will be reviewed and updated, as needed, on an annual basis.

IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below.

FHWA: Ashley Scheulen FHWA-MO Division Finance Manager (573) 638-2614  

MISSOURI DEPARTMENT OF TRANSPORTATION: Todd Grosvenor MoDOT State Financial Services Director (573) 751-4626

Roles and Responsibilities of FHWA and MoDOT:

The following activities require coordination between FHWA and MoDOT in order to attain reviews/approvals within the agreed timeframes. In this agreement, all reference to days denotes business days. FHWA and MoDOT agree to work as true partners to ensure the success of the LPA Program.

The following table identifies the various approval/review activities.

Activities		MoDOT/FHWA Responsibilities
Approval/Action	Reference Document	A Description of Actions and Responsibilities	Expected Timeframe (MoDOT)	Expected Timeframe (FHWA)
Modifications to LPA Program	23 CFR 635.102 23 U.S.C. 106(g) 23 CFR 635.105(a)	MoDOT will discuss any changes or modifications to the LPA Program and/or LPA projects that could jeopardize federal participation.	Will submit 10 days prior to expected approval.	Will provide feedback during early involvement, comments (if any), and approval or rejection within 10 days of receipt.
Revisions to Article 136 of the Engineering Policy Guide (EPG)	EPG Approval Process	MoDOT will involve FHWA early in the development and will submit Level 2 and Level 3 EPG Ballot Issues to FHWA for review and approval. FHWA will review, offer feedback, and approve/reject all Level 2 and 3 ballot items.	Will submit 10 days prior to expected approval.	Will provide feedback during early involvement, comments (if any), and approval or rejection within 10 days of receipt.
Quarterly LPA Advisory Committee Meetings	23 U.S.C. 106(g) 23 CFR 635.105(a)	MoDOT will send a formal invitation to the FHWA LPA Program Coordinator and provide FHWA all information regarding the meeting. FHWA to share knowledge and feedback concerning the Federal-aid program.	As it becomes available	As it becomes available
PoDI Plan Development, Core Team Activity and Construction Oversight	PoDI Tracker	FHWA will meet with MoDOT District LPA Teams after the draft STIP/TIP is submitted to MoDOT Central Office to develop a short list of potential projects, based on the various risk factors. FHWA will evaluate the risk factors and develop a list of PoDIs. MoDOT will provide FHWA the ability to participate in core team meetings, review plans, and provide input regarding safety, compliance, and constructability on projects identified as LPA PoDIs.	After the MoDOT Central Office Team receives the list of PoDIs it will be uploaded to the EPG. Will provide FHWA with a minimum of 10 days advance notice for meetings.	Will provide MoDOT a list of PoDIs for each District and the overall PoDI summary. Each PoDI will identify the various activities for each project. If FHWA would like to change the PoDI classification, FHWA will provide MoDOT a 30- days’ notice (min) prior to making the change.
Construction Oversight – PoDI projects	23 U.S.C. 106(g) 23 CFR 635.105(a)	MoDOT District LPA Team will communicate with FHWA throughout the construction phase of the PoDI projects and invite FHWA LPA Program Coordinator and/or FHWA Transportation Engineer to all regularly scheduled construction update meetings. FHWA to share knowledge and feedback concerning PoDI projects to MoDOT District LPA Team.	Throughout the construction phase of PoDI projects.	Throughout the construction phase of PoDI projects.
Project Completion	23 U.S.C. 106(g) 23 CFR 635.105(a)	Complete the LPA projects on time and within budget while ensuring all safety, quality, right of way, and environmental requirements are met. Maintain effective communication between FHWA’s LPA Program Coordinator and MoDOT’s Local Programs Administrator regarding project and/or program issues and concerns.	Throughout project.	Throughout project.
Compliance Assessment Program (CAP) Reviews	23 U.S.C. 106(g) 23 CFR 635.105(a)	FHWA’s LPA Program Coordinator will coordinate annual CAP reviews with MoDOT’s Local Programs Administrator to promote a joint review effort of the LPA Program.	Will respond and coordinate with FHWA as needed.	Annually January-May
FHWA/MoDOT Stewardship and Oversight and Partnering Agreements	23 U.S.C. 106(g) 23 CFR 635.105(a)	FHWA’s LPA Program Coordinator will request MoDOT’s Local Programs Administrator and/or MoDOT’s Central Office LPA Liaisons participation in the discussion of the FHWA/MoDOT agreements related to the LPA Program.	Will respond and coordinate with FHWA as needed.	Annually
LPA Certification Training	23 U.S.C. 106(g) 23 CFR 635.105(a)	MoDOT will invite FHWA to participate and/or assist with the delivery of the LPA certification training. FHWA will share knowledge and feedback concerning the Federal-aid program.	Regularly as needed.	Regularly as needed.
Program Risk Assessment Process	PY25 LPA Program Assessment and Performance Analysis	FHWA’s LPA Program Coordinator will request MoDOT’s Local Programs Administrator and/or MoDOT’s Central Office LPA Liaisons participation in a yearly meeting to assess the state of the LPA program and identify any potential risk areas and potential mitigation strategies to reduce the risk.	Annually May/June	Annually May/June
Program Performance Evaluation	23 U.S.C. 106(g) 23 CFR 635.105(a)	MoDOT agrees to monitor the following measures: Percent of Federal Aid funds committed to LPA projects (MoDOT Tracker 6g and Design Division DTracker 6e). Percent of LPA projects completed on time (MoDOT Tracker 3c). Number of LPA trainings provided to the staff and/or Local Agencies. Number of days from sponsor project selection to project award (Design Division DTracker 6f). Number of days required to complete final paperwork for local projects (Design Division DTracker 6g). FHWA agrees to monitor the following measures: Number of Project Authorizations reviewed and the types of findings. (After the Fact reviews) Number of Buy America focused reviews and types of findings. Percent of CAP projects and question types (annual CAP review) answered sufficiently (no deficient findings).	Quarterly, unless otherwise noted.	Quarterly, unless otherwise noted.
Foster Program Relationship	23 U.S.C. 106(g) 23 CFR 635.105(a)	MoDOT’s Local Programs Administrator will schedule regular meetings between MoDOT’s LPA Staff and FHWA’s LPA Program Coordinator to enhance the good working relationship between the two offices. These meetings will serve as a regular opportunity to assess performance and ensure our offices continue to work well together.	Monthly meetings	Monthly meetings

This agreement will be reviewed and updated, as needed, on an annual basis.

IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below.

FEDERAL HIGHWAY ADMINISTRATION: [DIGITALLY SIGNED] Date: 2025.03.10 15:49:11 -05'00' Natalie Roark, P.E. FHWA-MO LPA Program Coordinator (573) 638-2630

MISSOURI DEPARTMENT OF TRANSPORTATION: [DIGITALLY SIGNED] 2025.03.11 08:23:35 -05'00' Ashley Buechter, P.E. MoDOT Local Programs Administrator 573-526-6997

PARTNERSHIP AGREEMENT

Between

Federal Highway Administration, Missouri Division Office Planning Team,
Federal Transit Administration, Region VII Planning and Program Development Team, and
Missouri Department of Transportation, Transportation Planning Division

TABLE OF CONTENTS

PURPOSE OF THIS AGREEMENT
AGREEMENT PLANNING PROCESS AREAS
AGREEMENT STANDARDS
FHWA-MO, FTA REGION VII AND MoDOT ROLES AND RESPONSIBILITIES

1. Statewide Long Range Transportation Plan (LRTP) and Metropolitan Transportation
   1. Plan (MTP) 5
   2. LRTP
   3. MTP
2. Statewide Transportation Improvement Program (STIP) and STIP Amendments
   1. STIP
   2. STIP Amendments
3. State Planning and Research (SPR) Program – FHWA-MO and MoDOT only
4. Metropolitan Unified Planning Work Program (UPWP) and Transportation Improvement Program (TIP)
5. Transportation Air Quality Conformity Determinations
6. MPO Certification Reviews and Process Reviews
7. MoDOT and MPO Self-Certification (Federal Planning Finding)
8. Highway Performance Monitoring System (HPMS) – FHWA-MO and MoDOT only
9. Functional Classification Changes – FHWA-MO and MoDOT only
10. Certification of Public Road Mileage – FHWA-MO and MoDOT only

METHODS FOR COMMUNICATION
METHODS FOR CONFLICT RESOLUTION REGARDING ONE DOT / MoDOT ISSUES
MEETING ATTENDANCE AND REPRESENTATION
PERFORMANCE EVALUATION
AGREEMENT APPENDIX

 

 

 

PURPOSE OF THIS AGREEMENT

The purpose of this agreement is to set forth the general terms and conditions for transportation planning collaboration between the Federal Highway Administration – Missouri Division (FHWA-MO), Federal Transit Administration Region VII (FTA Region VII) and the Missouri Department of Transportation (MoDOT). The agreement will enhance and provide guidance to the cooperative transportation planning processes between FHWA-MO, FTA Region VII and MoDOT. This agreement applies to MoDOT, FHWA-MO, and FTA Region VII planning staff. This agreement replaces the existing agreement executed on May 6, 2009.

 

AGREEMENT PLANNING PROCESS AREAS

The FHWA-MO, FTA Region VII and MoDOT shall carry out the ONE DOT (FHWA-MO and FTA Region VII) planning processes given in this agreement resulting in improved communication and streamlined transportation planning decision-making for federal surface transportation projects and programs. This agreement outlines the roles and responsibilities for reviewing and processing the following required metropolitan and statewide planning products and processes.

1. Statewide Long Range Transportation Plan (LRTP) and Metropolitan Transportation Plan (MTP)
2. Statewide Transportation Improvement Program (STIP) and STIP Amendments
3. State Planning and Research (SPR) Program – FHWA-MO and MoDOT only
4. Metropolitan Unified Planning Work Program (UPWP) and Transportation Improvement Program (TIP)
5. Transportation Air Quality Conformity Determinations
6. MPO Certification Reviews and Process Reviews
7. MoDOT and MPO Self-Certification
8. Highway Performance Monitoring System (HPMS) – FHWA-MO and MoDOT only
9. Functional Classification Changes – FHWA-MO and MoDOT only
10. Certification of Public Road Mileage – FHWA-MO and MoDOT only

 

AGREEMENT STANDARDS

The agreement partners recognize the joint review and approval role of FHWA-MO and FTA Region VII, and MoDOT planning staff connected with the STIP and amendments, TIP and amendments, UPWP and amendments, and air-quality conformity determination for designated air-quality non-attainment and maintenance areas. It is also understood that FHWA-MO and FTA Region VII will provide a joint, review-only function in connection with the LRTPs and review and approval actions on the state and metropolitan area planning processes from Certification Reviews.

The following standards apply to each element of this agreement. The partners agree to concentrate efforts in improving joint work efforts by adhering to the following procedures:

• We will implement activities covered by the agreement in a mutually supportive manner between MoDOT, FHWA-MO, and FTA Region VII offices.

• We will strive to ensure adherence to required planning processes and product timeframes.

• We will respect each other by valuing the opinions of others and maintaining an open mind to suggestions.

• We will communicate with each other directly by telephone and email, and in meetings.

• We will make decisions by following a thorough discussion of the issue using appropriate communication methods. To the extent possible, decisions should be made within a two-week period following discussions.

• We will actively participate in scheduled meetings, add value to the discussion, and refrain from personal agendas and follow strict planning requirements. We will promote quality planning process and product development practices and make current best practices part of our method of conducting business.

• We will strive to implement a ONE DOT review and approval process that includes participation on a value-added basis, without causing delay in meeting Federal, state and local project approval and implementation schedule goals.

• We will recognize the timeliness and quality of our cooperative effort to deliver planning work product reviews, planning work product approvals, and planning process reviews as reliable and measurable performance output indicators.

• We will recognize enhanced planning program delivery processes and enhanced quality of planning program work products as value adding, reliable and measurable performance outcome indicators.

• We agree it is generally best practice for the ONE DOT agencies to share and coordinate planning product review comments in order to send one set of ONE DOT comments to MoDOT and to the MPO. However, in a situation that calls for either agency to provide written comments separately to MoDOT and the MPO, the correspondence should be identified at FTA Region VII or FHWA-MO ONLY comments as appropriate and should be copied to the other agency (i.e. FTA Region VII or FHWA-MO as appropriate).

• For processes that require deadlines, the reviewing agencies will meet the deadline. If agencies are not able to do so, they will notify the agency whose planning work product they are reviewing.

• This agreement is considered a working document and can be updated by mutual agreement of the agencies.

• We agree that nothing in this agreement is intended to conflict with applicable current law, regulation, orders or directives of the United States Department of Transportation, FHWA-MO, or FTA Region VII. If a provision of this agreement is inconsistent with such authority, then that provision will be invalid to the extent of such inconsistency, but the remainder of that provision and all other provision, terms, and conditions of this agreement will remain in full force and effect.

 

FHWA-MO, FTA REGION VII AND MoDOT ROLES AND RESPONSIBILITIES

I. Statewide Long Range Transportation Plan (LRTP) and Metropolitan Transportation Plan (MTP)

Although FHWA-MO and FTA Region VII do not approve the LRTP and MTP, the timely adoption of a compliant LRTP and MTP is crucial as a basis for ONE DOT to issue approval of the MoDOT STIP and MPO TIP, and to make air-quality conformity determinations, if needed. This agreement emphasizes the importance of timely review of draft LRTP and MTP that does not cause delays in their adoption by the state or the MPO.

LRTP

1. MoDOT, ONE DOT, the MPOs and other planning partners will collaborate throughout the LRTP development process.
2. MoDOT will submit the draft statewide LRTP to FHWA-MO and FTA Region VII.
3. FHWA-MO and FTA Region VII shall provide comments to MoDOT within 30 calendar days following receipt of the draft LRTP. ONE DOT shall clearly identify comments based on regulatory requirements and on best practices.

MTP

1. MoDOT, ONE DOT and MPOs will collaborate throughout the MTP development process.
2. The MPO will submit the working draft MTP 30 calendar days prior to public release to MoDOT, FHWA-MO and FTA Region VII.

ONE DOT and MoDOT shall submit comments based on regulatory requirements and best practices to the MPO within 15 calendar days following receipt of the MPO’s working draft MTP.

 

II. Statewide Transportation Improvement Program (STIP) and STIP Amendments

STIP

MoDOT will actively involve ONE DOT as early on as possible in the effort to develop the STIP. ONE DOT shall clearly identify comments based on regulatory requirements and comments based on best practices. Regulatory comments that ONE DOT expects to be included in MoDOT’s STIP will be noted, to the extent possible.

1. MoDOT will provide a preliminary (management) draft STIP to ONE DOT on or before April 10th for review and comment. ONE DOT will provide comments within 14 calendar days. The identification of Projects of Division Interest (PoDI) is especially important during this first review. MoDOT will respond to ONE DOT’s comments within 14 calendar days.

2. MoDOT will share its public draft STIP with ONE DOT at the start of the 30-day public comment period that begins after the May Missouri Highways and Transportation Commission (Commission) meeting. ONE DOT will provide comments within 14 calendar days. MoDOT will provide responses to ONE DOT comments within 14 calendar days.

3. MoDOT will submit the final STIP to ONE DOT for review and approval following Commission approval in July.

4. ONE DOT shall have 14 calendar days from receipt of the final STIP to complete the coordinated agency review and to transmit the ONE DOT approval letter.

5. The ONE DOT STIP approval action letter shall be prepared by the FHWA-MO and signed by both FHWA-MO and FTA Region VII. The signed ONE DOT approval letter shall be transmitted electronically to MoDOT and copied parties by the FTA Region VII. The FHWA-MO shall be copied on the action.

STIP Amendments

STIP amendments for non-MPO areas

STIP amendments for MPO areas

1. MoDOT shall submit its proposed STIP amendments to ONE DOT for review and approval. The MoDOT Planning and Policy Group will submit STIP/TIP amendments for MPO areas. MoDOT’s Statewide Programming Group will submit STIP amendments for non-MPO areas.

2. MoDOT will provide a draft STIP amendment preview to ONE DOT one week prior to Commission approval.

3. Following Commission approval, MoDOT’s Statewide Programming Group will submit the STIP amendment for non-MPO areas to ONE DOT for review and approval.

4. ONE DOT shall have seven calendar days from receipt of the amendment request to complete its coordinated agency review and approval.

5. If the amendment request involves only highway projects, FHWA-MO will prepare, sign and electronically transmit the ONE DOT FHWA only approval letter to MoDOT and copied parties.

   If the amendment involves only transit projects, FTA Region VII will prepare, sign and electronically transmit the ONE DOT FTA only approval letter to MoDOT and copied parties.

   If the amendment request involves both highway and transit projects, the ONE DOT approval letter will be prepared by the FHWA-MO, signed by both FHWA-MO and FTA Region VII and transmitted electronically by FTA Region VII to MoDOT and copied parties.

   In all three STIP amendment scenarios, the Federal agency transmitting the ONE DOT approval letter will copy the other ONE DOT agency.

6. Once the MPO board approves the amendment, the MPO will submit the amendment to MoDOT for state/federal approval within seven calendar days.

7. MoDOT will submit the MPO Board approved amendment to the Governor’s Office for review and approval and send a preview of the documents to ONE DOT within seven calendar days of its receipt from the MPO.

8. Within seven calendar days following the Governor’s approval, MoDOT’s Planning and Policy Group will submit the MPO’s Board and Governor approved TIP amendment support package, with a MoDOT STIP amendment request letter to ONE DOT for review and approval.

9. If the amendment request involves only highway projects, FHWA-MO will prepare, sign and electronically transmit the ONE DOT FHWA only approval letter to MoDOT and copied parties.

   If the amendment involves only transit projects, FTA Region VII will prepare, sign and electronically transmit the ONE DOT FTA only approval letter to MoDOT and copied parties.

   If the amendment request involves both highway and transit projects, the ONE DOT approval letter will be prepared by the FHWA-MO, signed by both FHWA-MO and FTA Region VII and transmitted electronically by FTA Region VII to MoDOT and copied parties.

   In all three amendment scenarios, the Federal agency transmitting the ONE DOT approval letter will copy the other ONE DOT agency.

 

III. State Planning and Research (SPR) Program – FHWA-MO and MoDOT only

1. MoDOT will submit a preliminary draft copy of the proposed SPR program to FHWA-MO that includes scope of work with necessary funding and cost estimates on or before June 1. The FHWA-MO will review the preliminary draft and provide comments to MoDOT on or before June 15.

2. MoDOT will formally submit the final SPR Program and responses to FHWA-MO comments for FHWA-MO approval on or before June 22. This request for approval includes an electronic submittal of a federal-aid project agreement for the FHWA-MO's execution.

3. FHWA-MO will transmit final approval letter to MoDOT’s Director of Transportation Planning within seven calendar days of its receipt of the final SPR program approval request.

4. The FHWA-MO will execute the federal-aid project agreement based on the final SPR program on or before June 30.

5. MoDOT’s annual expenditure report will be submitted to FHWA-MO within 90 calendar days of the close of MoDOT’s fiscal year (June 30).

6. MoDOT will close the SPR project within 90 calendar days after the end of MoDOT’s fiscal year (June 30).

7. MoDOT will inform MPO’s provides the approved SPR work program on MoDOT’s external website.

 

IV. Metropolitan Unified Planning Work Program (UPWP) and Transportation Improvement Program (TIP)

ONE DOT and MoDOT acknowledge that MPOs have unique structures, so review and approval processes must be flexible. The review and approval process outlined below provides guidelines to ensure ONE DOT, MoDOT and MPOs work collaboratively to meet federal requirements for MPO work products.

UPWP and TIP

UPWP

TIP

TIP IN NON-ATTAINMENT OR MAINTENANCE AREA

1. ONE DOT, MoDOT and the MPO will work together to develop a quality and Federal regulation compliant UPWP and TIP.

2. The MPO is expected to submit the draft work products to ONE DOT and MoDOT for its preliminary review at least five weeks (35 calendar days) prior to the MPO’s approval of release for public comment or the MPO technical committee meeting where the draft is being reviewed, whichever comes first.

3. At least three weeks (21 calendar days) prior to the MPO’s approval of release for public comment or the MPO technical committee meeting where the draft is being reviewed, whichever comes first, ONE DOT and MoDOT will provide comments to the MPO either combined or separately. ONE DOT will identify comments based on regulatory requirements and best practices. Regulatory comments ONE DOT expects to be included in the MPO's work product will be noted.

4. At least one week (seven calendar days) prior to the MPO’s approval of release for public comment or the MPO technical committee meeting where the draft is being reviewed, whichever comes first, the MPO will provide ONE DOT and MoDOT a response to ONE DOT/MoDOT comments, along with the documentation of additional MPO changes to the draft work products.

5. Once the MPO board approves the work product, the MPO will submit the document to MoDOT for state/federal approval within seven calendar days.

6. MoDOT shall submit the MPO board approved UPWP to ONE DOT for review and approval within seven calendar days of its receipt from the MPO.

7. ONE DOT shall complete its final coordinated review and approval notification action within seven calendar days of receipt of MoDOT’s formal request for approval. The signed ONE DOT UPWP approval letter shall be forwarded to MoDOT by the ONE DOT agency preparing the notification. The other ONE DOT agency and appropriate MPO shall be copied on the action.

8. Any outstanding corrective actions related to UPWP’s Federal compliance that were not incorporated into the Board approved UPWP will be immediately incorporated into the UPWP through the appropriate UPWP modification process. Other comments and recommendations not incorporated will be discussed prior to the next review cycle.

9. MoDOT will a provide ONE DOT a copy of MPO progress reports within seven calendar days of its receipt from the MPO.

10. MoDOT shall submit the MPO Board approved TIP to the Governor’s Office for review and approval and send a preview of the documents to ONE DOT within seven calendar days of its receipt from the MPO.

11. Within seven calendar days following receipt of the Governor’s approval, MoDOT will submit the TIP documents to ONE DOT for final review and approval.

12. ONE DOT shall complete its final coordinated review and approval notification action within seven calendar days of receipt of MoDOT’s formal request for approval. The signed ONE DOT STIP amendment approval letter for the TIP update shall be transmitted to MoDOT by the ONE DOT agency preparing the notification. The other ONE DOT agency and appropriate MPO shall be copied on the action.

13. Any outstanding corrective actions related to the TIP’s Federal compliance that was not incorporated into the Board approved TIP will be immediately incorporated into the approved TIP through the appropriate TIP modification process. Other comments and recommendations not incorporated will be discussed prior to the next review cycle.

14. For a TIP located in a nonattainment or maintenance areas for air quality, ONE DOT cannot complete the TIP approval action until after they receive an affirming EPA concurrence in the conformity determination and after ONE DOT’s issuance of its approval of the conformity determination (see Section V).

15. Upon its receipt of the Board approved TIP and Conformity Determination from MoDOT, ONE DOT will submit a formal request to the US Environmental Protection Agency (USEPA) Region 7 for their review and concurrence in the conformity determination document developed for the TIP update.

16. ONE DOT will transmit its approval of the STIP amendment for the TIP update following its receipt of an affirming USEPA concurrence in the conformity determination and after ONE DOT’s issuance of its approval of the conformity determination (see Section V).

The flowchart on page 11 of this agreement provides a summary of the process described above.

 

V. Transportation Air Quality Conformity Determinations

Section 176C of the Clean Air Act establishes conformity requirements for MTPs, TIPs, and projects in areas designated as non-attainment or maintenance.

1. MoDOT shall submit its ''Air Quality Conformity Determination and Documentation'' along with a draft MTP (including amendments) and/or TIP (including amendments) to ONE DOT for its review, comments and approval, as necessary.

2. Within seven calendar days of receiving MoDOT’s request, ONE DOT shall formally request Environmental Protection Agency Region 7 (EPA-7) to review and comment on the conformity determination within 30 calendar days of their receipt of the written ONE DOT request.

3. Through the air-quality consultation process, ONE DOT and EPA-7 shall discuss and resolve any comments or concerns that arise during the review of the document. ONE DOT shall clearly identify comments based on regulatory requirements and comments based on best practice. Regulatory comments that ONE DOT expects to be addressed in the MPO's current conformity determination will be noted.

4. Upon receipt of a concurrence letter from EPA-7 and Governor approval action (if required), ONE DOT shall issue the joint conformity determination memorandum to the MPO within seven calendar days. MoDOT and all other appropriate parties shall be copied on the action.

 

VI. MPO Certification Reviews and Process Reviews

The scope of the ONE DOT certification review of the transportation planning process is comprehensive, covering the transportation planning process for the entire area and all of the agencies involved. It provides an opportunity for the federal agencies to verify compliance with current transportation law and planning regulations, enhance the process, and take a more detailed look at the process’s technical and administrative elements. The certification is not just a review of the MPO or the MPO staff, but rather covers all of the agencies (state, MPO and transit operators) charged with cooperatively carrying out the process within the MPO’s transportation planning area. MoDOT and MPOs are considered review participants and valuable partners to ONE DOT in performing a review. Certification reviews for MPOs with population over 200,000 are required by federal law to occur every four years. Although not required by federal law, ONE DOT organizes a similar process review for MPOs with population less than 200,000 at least every five years.

1. The federal review team shall consist of staff from FHWA-MO, FTA Region VII, and if necessary, technical experts from other division or region offices, headquarters, resource center and EPA.

2. FHWA-MO and FTA Region VII shall be responsible for the logistics of reviews.

3. The federal review team will notify the MPO and MoDOT to determine the review date 90 calendar days prior to the review.

4. ONE DOT shall provide written notification of the review by a letter addressed to the MPO executive director, MoDOT’s Transportation Planning Director and the public transit operator(s). The notification letter shall be copied to other appropriate planning partners (such as air quality agency). Generally, the letter will include information such as the purpose of the review, scheduled dates, federal contact persons, review guideline questions and review team member list. To the extent possible, the formal notification letter will be sent at least two months prior to the site visit.

5. The federal review team will complete an office-desk review prior to conducting the on- site review (including presentation of initial findings). Both the desk review and on-site segments of the certification review will be coordinated with all review participants, which includes state, DOTs, MPOs, all transit operators. In its role as review participants, MoDOT will attend and participate in all on-site meeting sessions.

6. The federal review team will issue a draft report within 60 calendar days of the review to planning partners (state, MPO and public transit operators) requesting their review and comments prior to formally issuing the final report. Planning partners will review and provide comments to ONE DOT within 21 calendar days of receipt of the draft final report.

7. Upon receipt of all comments regarding the draft, the federal review team will issue a final report to the MPO with a ONE DOT transmittal letter addressed to the MPO executive director within 14 calendar days. Copies will be sent to MoDOT, the transit operator(s) and other agencies that participated in the review.

8. The MPO, MoDOT and transit operator, as applicable, will respond with an action plan to address planning findings and outline their method, if any, for addressing corrective actions and recommendations within 60 calendar days of receipt of the final report.

9. The federal review team will review the action plan and provide follow-up to ensure the implementation of corrective actions and recommendations within an agreed upon timeframe.

10. Within 9-12 months following receipt of MPO action plan, the federal review team will request a status on implemented recommendations from the certification/planning process review. The review team will provide a recommendation implementation status summary table to review participants and review team.

 

VII. MoDOT and MPO Self-Certification (Federal Planning Finding)

1. With the submission of the STIP/TIP, MoDOT and the MPO shall self-certify to ONE DOT that the metropolitan transportation planning process is addressing the major issues facing the area and is being conducted in accordance with all applicable requirements listed in 23 CFR Part 450.334(a). The MPO board chair or executive director and the MoDOT district engineer will sign the self-certification statement.

2. ONE DOT will transmit its Federal Planning Finding (approval of self-certification) as part of the ONE DOT approval letter for the STIP/TIP.

 

VIII. Highway Performance Monitoring System (HPMS) – FHWA-MO and MoDOT only

The HPMS provides data reflecting the extent, condition, performance, use, and operating characteristics of the nation's highways. MoDOT's HPMS data is used to apportion federal-aid highway and highway safety funds to the state of Missouri, measure FHWA-MO and state performance against several strategic national objectives and to make national highway investment requirements known to the U.S. Congress through the conditions and performance reports. As a result, both the FHWA-MO and MoDOT have a stake in maintaining a high quality, complete HPMS database.

1. MoDOT will maintain HPMS data to reflect current information (sample information/universal information).

2. MoDOT will collect, assemble and report identified data to comply with FHWA-MO- provided data definitions and standards.

3. FHWA-MO will emphasize a continued process improvement cooperative effort with state highway agency, local government and metropolitan planning organizations to collect, assemble and report HPMS information.

4. MoDOT will submit its HPMS data report to FHWA Headquarters by June 15. FHWA-MO will provide oversight assistance as necessary to accomplish the submittal.

5. FHWA-MO and MoDOT-HPMS personnel will address FHWA Headquarters’ comments on the MoDOT HPMS data report for clarification and improvement strategies.

6. FHWA-MO and MoDOT will coordinate an annual review to assure that data provided is the product of a comprehensive and effectively managed collection and reporting process, and the data provided to FHWA-MO is timely, complete, accurate and of good quality.

 

IX. Functional Classification Changes – FHWA-MO and MoDOT only

Federal legislation requires the functional classification of roadways to determine the funding eligibility of transportation projects.

In general, the procedure and timeline for requested modifications to a functional classification as described above will be as follows:

1. All functional classification requests are processed through the MoDOT District planning contact. Functional classification requests located within a metropolitan planning area are coordinated with the MPO. Functional classification requests not located within a metropolitan planning area are processed solely by the MoDOT District.

2. MoDOT District staff (and MPO personnel where appropriate) reviews functional classification requests for consistency with applicable guidelines including MoDOT’s functional classification processing guidelines, and FHWA’s Highway Functional Classification Concepts, Criteria and Procedures.

3. Functional classification requests located within a metropolitan planning area are processed per MPO policy. Following MPO review, any comments, revisions and/or formal actions by the MPO are submitted to MoDOT District.

4. The MoDOT District forwards the request, and all relevant documentation, to MoDOT Central Office, Transportation Planning (preferably in electronic format).

5. MoDOT Central Office reviews requests for consistency with applicable guidelines, including MoDOT’s functional classification processing guidelines, and FHWA’s Highway Functional Classification Concepts, Criteria and Procedures. Any concerns with the request are addressed with MoDOT District.

6. MoDOT Central Office forwards the request, and all relevant documentation, to FHWA- MO (preferably in electronic format).

7. FHWA-MO will confirm receipt of the request to verify delivery. Any requests for clarification or additional documentation will be made within five working days or receipt. The initial request will be approved or denied within 30 calendar days unless an extension is mutually agreed upon.

8. FHWA-MO will provide MoDOT Central Office with a formal letter of decision. MoDOT Central Office will notify the MoDOT District of the decision, and provide a copy of FHWA-MO’s letter. MoDOT District will notify the local agency or MPO of the decision, and provide a copy of FHWA-MO’s letter.

9. FHWA-MO will recommend any National Highway System (NHS) changes to FHWA-HQ immediately following functional classification approval. FHWA-MO will communicate all NHS approvals, and any requests for additional information, to MoDOT Central Office.

10. MoDOT Central Office will revise the modified functional classification maps, and supply MoDOT District and FHWA-MO an electronic copy of each. MoDOT District is responsible for communicating the availability of any maps to the corresponding MPO.

 

X. Certification of Public Road Mileage – FHWA-MO and MoDOT only

Each year Missouri is required to submit to the Federal Highway Administration (FHWA-MO) a certification of public road mileage within the state. This certification of mileage is used to compute the state’s apportionment of federal highway safety funds and is required to be received by the FHWA-MO no later than June 1 of each year.
The certification process is as follows:

1. A summary of the state-certified mileage is generated by MoDOT Central Office Transportation Planning staff. This summary consists of federal, state, county, city and private road (marked state) mileages.

2. MoDOT’s director reviews and approves the summary and submits it to the Governor.

3. The Governor certifies the mileage of public roads as defined in Title 23, United States Code Section 402(c) and submits the certification to the FHWA-MO along with the summary.

4. FHWA-MO submits the Missouri certification to the FHWA Office of Highway Policy Information (HPPI) along with a recommendation that HPPI accept the certified mileage. FHWA-MO will copy MoDOT on the submittal, and on any resulting correspondence.

 

METHODS FOR COMMUNICATION

FHWA-MO, FTA Region VII and MoDOT have an excellent working relationship. This agreement intends to build upon this history by establishing a framework to further promote the existing partnership. In addition to meetings, e-mails, telephones and teleconferences have been used as effective forms of communication. This agreement establishes the following procedures for streamlining the communication process. The communication strategies are applicable to ONE DOT and MoDOT except when specifically stated otherwise.

1. We shall confer on a regular quarterly basis. If there is a major programmatic issue, the party bringing the concern to the table shall communicate it by telephone, email or letter.

2. We agree that each agency will possess an up-to-date lead contact list of the individuals at each agency responsible for overseeing various areas of both the state and metropolitan planning programs.

3. We agree that MoDOT Transportation Planning Division will extend an invitation to FHWA-MO and FTA Region VII to attend their meetings with MoDOT District Offices to discuss the development of planning work products and processes.

4. We agree that in an effort to enhance the effectiveness of our partnership we must better understand one another's day-to-day key operations. FHWA-MO, FTA Region VII, and MoDOT shall seek to appropriately involve the other in each agency's day-to-day internal business functions as said partnership enhancing opportunities arrive (i.e., MoDOT Transportation Planning Division's weekly managers meeting, FHWA-MO All- Employee Meetings, etc.). MoDOT will provide teleconferencing opportunity to ONE DOT for its weekly managers meeting, as needed.

5. We agree that the MoDOT Transportation Planning Director and ONE DOT’s planning program managers will involve the other in the early stages of their development of annual work plans (MoDOT planning program business plan/FHWA-MO performance plan). Agreed upon joint work efforts will be shown in both plans.

6. We agree that the MoDOT Transportation Planning Director and ONE DOT’s planning program managers will meet at the mid-year point of each work period to identify the status of joint work efforts and the end-of-the-year point of each work period to document joint work effort accomplishments.

7. We agree to have quarterly planning program coordination meetings. The evaluation of the level of FHWA-MO, FTA Region VII and MoDOT's commitment to this agreement will be a standard item on each meeting's agenda. MoDOT will provide teleconference opportunity to FTA Region VII, as needed, for quarterly meetings. FHWA-MO, FTA Region VII and MoDOT shall keep minutes from each quarterly meeting. We will meet as needed throughout the year on specific issues related to focus areas.

8. MoDOT will share the MoDOT Tracker, Transportation Planning Division Tracker and the Annual Accountability Report with ONE DOT.

9. MoDOT and FHWA-MO will strive to communicate to all MPOs promptly regarding policy changes, desired changes in practices or other matters which impact the development of standard planning documents or practices.

 

METHODS FOR CONFLICT RESOLUTION REGARDING ONE DOT / MoDOT ISSUES

ONE DOT and MoDOT agree, to the maximum extent possible, that issues involving the agencies shall be resolved at the staff level. When issues arise that cannot be resolved at the staff level, partners agree to elevate the issue in the following manner:

1. Resolution of the issue will be sought at MoDOT Unit Manager/ONE DOT planning program manager level

2. Elevate issue to the MoDOT Transportation Planning Director/ ONE DOT Program Development Team Leaders/FHWA-MO Assistant Division Administrator level

3. Elevate issue to the MoDOT Chief Engineer/ FTA Region VII Regional Administrator/FHWA-MO Division Administrator leadership level for final resolution

4. The agreed upon manner of resolution to be finalized with the exchange of the agreed upon written expectations via email or hard copy communication

 

MEETING ATTENDANCE AND REPRESENTATION

1. A representative of the FHWA-MO, FTA Region VII and MoDOT will participate, as appropriate, in policy and working group meetings of the MPOs via telephone, video or site visit, or by providing comments to staff in advance.

2. MoDOT shall communicate to all MPOs that MoDOT, FHWA-MO and FTA Region VII should be copied on all policy, working group and other appropriate meetings.

 

PERFORMANCE EVALUATION

1. On a quarterly basis, ONE DOT and MoDOT agree to track the average number of days for MoDOT to obtain ONE DOT’s review and approval of MoDOT formal requests for:

   • UPWP updates and amendments
   • STIP amendment approval for TIP updates and amendments

   Any ONE DOT approvals that fall beyond the agreed upon time frame will be analyzed to resolve problem areas to achieve the timeframe.

2. On an annual basis, ONE DOT and MoDOT will identify and document noteworthy practices that have improved the quality of planning processes throughout the state.

3. ONE DOT and MoDOT will complete a joint end-of-year assessment of the effectiveness and relvancy of this Agreement. Modifications will be made to the Agreement as needed.

[SIGNED]:
Machelle Watkins
Transportation Planning Director
Missouri Department of Transportation
Date: 6/26/2015

[DIGITALLY SIGNED]:
Kevin W. Ward, P.E.
Division Administrator
FHWA Missouri Division
Date: 6/23/2015

[SIGNED]:
Mokhtee Ahmad
Regional Administrator Planning Director
Missouri Department of Transportation
FTA Region VII
Date: 6/23/2015

---

AGREEMENT APPENDIX

ONE DOT/MoDOT OVERSIGHT PLAN FOR TRANSPORATION PLANNING PROGRAM ACTIVITIES:

PLANNING PROGRAM ACTIVITIES (FOCUS AREAS)		AGENCY RESPONSIBILIES
Approval Action	Reference Document	ONE DOT	MoDOT	Remarks
Statewide 20-Year Long- Range Transportation Plan (LRTP)	23 CFR 450.214	Review	Develop	ONE DOT reviews and comments on LRTP, but no official approval action is taken. MHTC is responsible for approval.
Metropolitan Transportation Plan (MTP)	23 CFR 450.322	Review	Review	ONE DOT reviews and comments on metropolitan MTPs, but no official approval action is taken by ONE DOT, other than concurrence in conformity determination in air quality non- attainment and maintenance areas. ONE DOT concurrence action.
Statewide Transportation Improvement Program (STIP)	23 CFR 450.216 23 CFR 450.218	Approve	Develop	Minimum four-year period; updated at least every four years. ONE DOT approval action. MHTC is responsible for approval prior to MoDOT’s submittal to ONE DOT.
Federal Planning Finding – State Transportation Planning Process	23 CFR 450.218	Approve	Develop	ONE DOT review and approve MoDOT’s certification that the statewide transportation planning process is being carried out in accordance with applicable Federal requirements.
Federal Planning Finding – Metropolitan Transportation Planning Process	23 CFR 450.334	Approve	Develop	ONE DOT review and approve MoDOT and MPO certification that the metropolitan transportation planning process is being carried out in accordance with applicable Federal requirements.
State Planning and Research (SPR) Work Program	23 CFR 420.111 23 CFR 420.115	Approve	Develop	Annually developed work program.
Metropolitan Unified Planning Work Program (UPWP)	23 CFR 420.115 23 CFR 450. 308	Approve	Approve	Annually developed program. ONE DOT and MoDOT reviews and approves UPWPs from each MPO.
Metropolitan Transportation Improvement Program (TIP)	23 CFR 450.324	Approve	Review	Minimum four-year period; updated at least every four years. ONE DOT reviews and comments on TIPs. All TIPs are included in the STIP by reference. The STIP amendment for the inclusion of the TIP is approved by ONE DOT.
Clean Air Act Conformity Determinations: Non- Attainment and Maintenance Areas	23 CFR 450.322 (a) 23 CFR 450.324 (a) 23 CFR 450.328 (b) 40 CFR Part 51	Approve	Review	ONE DOT review for approval completed at time of TIP and MTP updates.
Federal Certification Review of TMAs Planning Process (MPOs with population of 200,000 or greater)	23 CFR 450.334 (b)	Certify	Participant	Joint FHWA-MO/FTA Region VII Planning Regulations require these reviews be completed every four years. ONE DOT jointly certifies that the requirements in 23 CFR 450 are being met.
Highway Performance Monitoring System (HPMS) Annual Data Submittal from State and Field Verification Review and Report	23 USC 502 23 CFR 420.105 (b) 23 CFR 500 Subpart B	Review	Develop	FHWA HQ requires a field verification review to be conducted by the division offices. Based on this review, the division office recommends the acceptance of the HPMS data for funding apportionment and allocation purposes. (Annual June 15 submission date)
Transportation Planning Process Reviews in non-TMA MPOs	Not Required by Law Performance Objective	Review	Participant	Discretionary ONE DOT process reviews of non-TMAs MPOs transportation planning processes. Completed on five- year cycle. ONE DOT review action.

Roles and Responsibilities of FHWA and MoDOT

The following activities require coordination between FHWA and MoDOT in order to attain reviews/approvals within the agreed timeframes. In this agreement, all reference to days denotes business days. FHWA and MoDOT agree to work as true partners to ensure the success of the Research and Innovation Program.

The following table identifies the various approval/review activities.

Activities		MoDOT/FHWA Responsibilities
Approval/Action	Reference Document	A Description of Actions and Responsibilities	Expected Timeframe (MoDOT)	Expected Timeframe (FHWA)
State Planning and Research (SPR) Quarterly Reports	23 CFR 420.117	MoDOT submit SPR Subpart B (aka Part III) Reports to FHWA for review	Quarterly	Review within 5 working days
Project changes/additions to approved SPR Subpart B (aka Part III)	23 CFR 420.115	MoDOT submits to FHWA for review and approval (formal amendment may be required).	As needed	Review and approve within 5 working days
Innovation and Research Programs*	Various	FHWA and MoDOT will coordinate between innovation and research related programs.	As needed	As needed
Research Peer Exchange	23 CFR 420.209	MoDOT will host a Research Peer Exchange in which FHWA will participate in.	Every 5 years	Every 5 Years
Every Day Counts (EDC) and MoSTIC Programs+	23 USC 101	Both FHWA and MoDOT will coordinate EDC initiative efforts and participate in MoSTIC.	As Needed	As needed

*Programs listed are Innovation and Research programs:

• Local Technical Assistance Program (LTAP)
• National Cooperative Highway Research Program (NCHRP)
• Strategic Highway Research Program (SHRP2)
• Transportation Pooled Fund (TPF)
• Transportation Research Board (TRB)
• Technology Transfer (T2)
• University Transportation Centers (UTC)
• Increased Federal Share [23 USC 120(c)(3)]
• Special Experimental Project No. 14 (SEP-14) Innovative/Alternative Contracting Techniques (see Design Partnering Agreement)
• Special Experimental Project No. 15 (SEP-15) Innovative Project Delivery (see Design Partnering Agreement)

+Programs listed are EDC programs:

• Accelerated Innovation Deployment (AID) Demonstration
• State Transportation Innovation Council (STIC) Incentive
• Accelerated Market Readiness (AMR)
• Missouri State Transportation Innovation Council (MoSTIC)

This agreement will be reviewed and updated, as needed, on an annual basis.

IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below.

FHWA:

 

Jason Marino FHWA-MO Division Research and Innovation Program Manager (573) 638-2603  

MISSOURI DEPARTMENT OF TRANSPORTATION:

Jennifer Harper, P.E. MoDOT State Research Director (573) 526-3636

Roles and Responsibilities of FHWA and MoDOT:

The following activities require coordination between FHWA and MoDOT in order to attain reviews/approvals within the agreed timeframes. In this agreement, all reference to days denotes business days. FHWA and MoDOT agree to work as true partners to ensure the success of the Right of Way and Realty Programs.

The following table identifies the various approval/review activities.

Activities		Agency Responsible
Approval/Action	Reference Document	Interstate	Other NHS	Non-NHS
ROW Acquisition Authorization	23 CFR 710.307 EPG 236.3.4	FHWA*	FHWA*	FHWA*
ROW Conditional Clearance (see Appendix A)	23 CFR 635.309 EPG 236.3.7.6	FHWA**	FHWA**	FHWA**
Hardship/Protective Purchase	23 CFR 710.307 23 CFR 710.503 23 CFR 710.509 23 USC 108 EPG 236.3.4.6	FHWA	FHWA*	FHWA*
Credits (including Early Acquisitions, Donations, or other contributions)	23 CFR 710.501 23 CFR 710.505 23 CFR 710.507 EPG 236.3.4.4	FHWA	FHWA	FHWA
Waiver for Comparable Replacement Dwelling Requirement	49CFR 24.204(6) EPG 236.8.8	FHWA	FHWA	FHWA
Federal Land Transfers	23 CFR 710.601 23 USC 107(d) 23 USC 317 EPG	FHWA	FHWA	FHWA
Direct Federal Acquisition	23 CFR 710.603 EPG 236.7.5.3	FHWA	FHWA	FHWA
Relinquishments (or CRSR)	23 CFR 620 Subpart B 23 CFR 710.401 23 CFR 710.403 EPG 236.14 + 236.5.10	FHWA	MoDOT	MoDOT
Functional Replacement	23 CFR 710.509	FHWA	FHWA	FHWA
Disposal of ROW	23 CFR 710.403 23 CFR 710.409 CFR 236.5	FHWA	MoDOT	MoDOT
Disposal at Less Than Fair Market Value (see Appendix B)	23 CFR 710.403 23 CFR 710.409 23 USC 156 EPG 236.5.16	FHWA	MoDOT	MoDOT
Disposal and/or Changes in Access Control	23 CFR 620 Subpart B 23 CFR 710.403 23 USC 111 EPG 236.5.28	FHWA	MoDOT	MoDOT
Airspace Agreements	23 CFR 710.403 23 CFR 710.405 23 USC 111 EPG 236.5.25	FHWA	MoDOT	MoDOT
Lease/License of ROW Real Property	23 CFR 710.407 EPG 236.5.25	FHWA	MoDOT	MoDOT

*The Division Office approves if Federal funds utilized.

**Only on Projects of Division Interest (PoDI).

PROGRAM ACTIVITIES		AGENCY RESPONSIBLE
Approval Action	Reference Document	Approve	Remarks
MoDOT'sROW Manual and Revisions	23 CFR 710.201(c) 49 CFR 1.48(d)(l 1) EPG 236	FHWA	Review and Approval by January 1, 2001 and every 5 years thereafter; Revisions reviewed as necessary.
ROW Statistical Report	49 CFR 24 Appendix B	FHWA	Report due to FHWA HQ by November 15th annually.
ROW Partnering Agreement	23 CFR 710.201(i) EPG 236.1.1.6	FHWA & MoDOT	Every year or as necessary.
Risk Assessment	FHWA Risk Assessment and Performance Plan; MoDOT Tracker and Direction EPG 236.12	N/A	FHWA staff will work with MoDOT staff on the development of the FHWA Risk Assessment and Performance Plan to ensure success for FHWA and MoDOT.
MoDOT's Outdoor Advertising Control (OAC) policy and operating procedures for providing effective control	23 CFR 750.304 23 CFR 750.705 49 CFR 1.48 (c)(ll) 23 USC 131 EPG 236.16	FHWA	Review as necessary.
Authorization to proceed with acquisitions on federally funded sign removal projects (nonconforming)	23 CFR 750.307 EPG 236.16.7.4	FHWA
Requests to Exempt signs from removal in defined areas	23 CFR 750.503	FHWA
MoDOT's Junkyard policy and operating procedures for providing effective control	23 CFR 751.9 23 USC 136 EPG 236.17	FHWA
Authorization to proceed with a junkyard control project	23 CFR 751.25 EPG 236.17.1.4	FHWA

This agreement will be reviewed and updated, as needed, on an annual basis.

IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below.

FHWA: [SIGNED] Lauren Paulwell FHWA-MO Right of Way Program Manager (573) 638-26

MISSOURI DEPARTMENT OF TRANSPORTATION: [DIGITALLY SIGNED] Date: 2025.02.04 12:29:06 -06'00' Brenda Harris, Assistant to State Design Engineer - ROW MoDOT State -(573)751-7458

Roles and Responsibilities of FHWA and MoDOT:

The following activities require coordination between FHWA and MoDOT in order to attain reviews/approvals within the agreed timeframes. In this agreement, all reference to days denotes business days. FHWA and MoDOT agree to work as true partners to ensure the success of the Highway Safety and Traffic Division.

The following table identifies the various approval/review activities.

Activities		MoDOT/FHWA Responsibilities
Approval/ Action	Reference Document	A Description of Actions and Responsibilities	Expected Timeframe (MoDOT)	Expected Timeframe (FHWA)
Update Strategic Highway Safety Plan (SHSP)	23 USC § 148 (Sections 148 (a)(6) and 148(c), and the SI-ISP must be approved by the Governor/ responsible estate agency)	MoDOT will involve FHWA in the update and implementation of the SHSP.	Due by December 2025. Update required every five years.	Regular update meetings.
Review/ Approve annual HSIP report	23 USC § 148, 23USC § 130, 23CFR §924	MoDOT will update HSIP annually using HSIP on-line reporting tool.	Annually due to FHWA by August 31 using HSIP on-line reporting tool.	Annually FHWA completes review by September 30.
Establish Safety Performance Targets	23 CFR 490.21 l(c) (2) and 23 CFR 490.209(a) and 23 u.s.c. 148(i).	MoDOT will communicate with FHWA on information related to setting the required safety targets. FHWA will communicate on progress every year. This may involve development of a HSIP Implementation Plan (23 u.s.c.148(i)).	By June annually	Will review and provide to HQ annually.
Fully program HSIP projects	23 CFR 490.21 l(c) (2) and 23 CFR 490.209(a)	MoDOT will fully program HSIP projects and obtain 100% obligation rate for HSIP funding.	By September 30 annually	Review quarterly progress
Comply with HSIP Special Rules	23 USC § l 48(g)(l ), 23 USC § 148(g)(2), and 23 USC § 148(g)(3).	1. HRRR Special Rule (23 u.s.c. 148(g)(l)), 2. OIder Drivers and Pedestrians Special Rule (23U.S.C. 148(g)(2)), and 3. Vulnerable Road Use r(VRU) Safety Special Rule (23 u.s.c. 148(g)(3))	Action will be determined each year based on special rule assessment.	Every May
Division Administrators provide writing approval of the State MUTCD and supplements that have been determined to be in substantial conformance per the CFR	23CFR 655.603(b) (1) - https://www.ecfr.gov/ current/title-23/chapter-I/ subchapter-G/part-655# 655.603	Update State MUTCD and obtain/maintain substantial conformance of MoDOT's traffic control-related guidance with the MUTCD, obtain clarification and interpretation of the MUTCD, and coordinate any requests for experimentation of traffic control devices per the MUTCD	State will need to obtain substantial conformance of the State MUTCD by January 18, 2026.	Ongoing review effort.
Complete Work Zone Process Review	Work Zone Safety and Mobility Rule, 23CFR § 630 subpart J and the Temporary Traffic Control Devices Rule, 23CFR § 630 subpart K. (§ 630.1008 State level processes and procedures and §630.1016 Compliance date).	Complete Work Zone Process Review to assess the effectiveness of work zone safety and mobility policies and procedures (pursuant to federal regulations 23 CFR630 Subpart J).	Review required every five years. Due December 31, 2030.	Annual review of work zones and regular meetings to complete review.
Statutory Safety Programs	Open Container Law (23 USC § 154), Repeat Offender Law (23 USC § 164), National Minimum Drinking Age (23 USC §158), Operation of Motor Vehicles by Intoxicated Minors (23 USC § 161), and Revocation of Suspension of Drivers' Licenses of Individuals Convicted of Drug Offenses (23 USC § 159).	1. Title 23 U.S.C. Section 154- Open Container- 23 CFR 1270- Open Container Laws - MO is out of compliance (2.5% penalty)- Annual "shift" letter from MoDOT to FHWA by Oct.30th- Annual "split" letter from MoDOT to FHWA &NHTSA by Nov. 30th 2. Title 23 U.S.C. Section 159- Revocation or Suspension of Drivers' Licenses- 23 CFR 192- Drug Offender's Driver's License Suspension- Annual certification letter from Governor to FHWA by Jan. 13. Title 23 U.S.C. Section 163- Blood Alcohol Concentration (0.08 BAC)- MO is in compliance4. Title 23 U.S.C. Section l 64- Repeat Intoxicated Driver- 23 CFR 1275 - Repeat Intoxicated Driver Laws- MO is out of compliance (2.5% penalty)	Due each year on October 31 and November 30.	Review and submit immediately.

This agreement will be reviewed and updated, as needed, on an annual basis.

IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below.

FHWA:

Digitally signed by JOHN PAUL MILLER Date: 2024.12.12 10:00:34 -06'00'

John Miller FHWA-MO Division Transportation Specialist (Safety and Mobility) (573) 638-2628

 

MISSOURI DEPARTMENT OF TRANSPORTATION:

 

[SIGNED] Jon Nelson MoDOT Highway Safety and Traffic Engineer (573) 751-5417