136.5 Agreements

Additional Information
Fig. 136.5.1 HS4 Safe Routes to School Program Agreement	Fig. 136.5.2 STP Urban Program Agreement
Fig. 136.5.3 Transportation Enhancement Funds Program Agreement	Fig. 136.5.3.1 Transportation Enhancement Funds Supplemental Agreement
Fig. 136.5.4 Off-System Bridge Replacement and Rehabilitation Program Agreement	Fig. 136.5.5 On-System Bridge Replacement and Rehabilitation Program Agreement
Fig. 136.5.6 Congestion Mitigation and Air Quality Agreement	Fig. 136.5.7 Transportation and Community and System Preservation Program Agreement
Fig. 136.5.8 Federal Aid Program Agreement	Fig. 136.5.9 Congestion Mitigation and Air Quality Agreement (Vehicle and Equipment Purchases)
Fig. 136.5.10 Sample Ordinance	Fig. 136.5.11 American Recovery and Reinvestment Act Federal Aid Agreement

It will be necessary for the local agency to enter into an agreement with the Missouri Highway and Transportation Commission for each project or group of projects. This is a legal instrument necessary in order to pass through federal funds and outlines the responsibilities of the local agency and the Missouri Highway and Transportation Commission. Blank agreements are available for Safe Routes to School, STP- urban projects), STP - enhancement projects, Bridge projects BRO, BRM and Congestion Mitigation and Air Quality projects, TCSP, Federal Earmarks and CMAQ Vehicle Purchase.

A multi-party or three-party agreement may be necessary if another unit of government such as a township or special road district is involved.

If the local agency elects to construct any portion of the project with its own forces, it will be necessary to include a provision in the agreement that requires the local agency to comply with Section II, Equal Opportunity and Section III, Nonsegregated Facilities, as set out in FHWA Form 1273. FHWA Form 1273 will be attached to all project agreements.

The MoDOT district representative will initiate preparation of the agreement. The district representative will consult with the local agency to pinpoint the various arrangements and details that will be covered. The agreement will first be presented to the local agency for signature. Seven copies of the agreement, signed by the local agency should be submitted to MoDOT's district representative. Projects being constructed by cities must also return 1 copy of an enabling legislation at the time of the execution. After approval and signature by the Missouri Highway and Transportation Commission, a fully executed copy will be returned to the local agency.

If a supplemental agreement is necessary, an ordinance may be required if the original ordinance makes references to specific project information such as but not limited to, amount of federal funds, project timeline or the original agreement. Please refer to Fig. 136.5.10 Sample Ordinance for a sample ordinance. The local agency may elect to fill in the areas providing project descriptions in a general project descriptive manner to preclude the passage of another ordinance.

No work is to be initiated on any part of the project until federal funding has been approved (obligated) by FHWA and the local agency has been notified by MoDOT to proceed.