236.7 Negotiation - Revision history

Hoskir: /* 236.7.5.2 Railroads */ updated per RR3969

2024-12-13T20:53:38Z

236.7.5.2 Railroads: updated per RR3969

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	'''A. General'''		'''A. General'''

	The acquisition of land owned by railroad companies is a ~~dual~~ responsibility of district right of way and the Multimodal Operations Division (for additional information see [[643.4 Railroads\|EPG 643.4 Railroads]]).		The acquisition of land owned by railroad companies is a team responsibility of the COROW, district right of way manager, and the Multimodal Operations Division (for additional information see [[643.4 Railroads\|EPG 643.4 Railroads]]).

	Plans approved for acquisition purposes will indicate a separate parcel number for the operating railroad right of way and to each parcel of non-operating railroad property owned by a railroad.		Plans approved for acquisition purposes will indicate a separate parcel number for the operating railroad right of way and to each parcel of non-operating railroad property owned by a railroad.

	District right of way is responsible for the acquisition ~~of non-operating~~ railroad ~~property. The Multimodal Operations Division will acquire non-operating land only when they are also acquiring operating~~ right of way ~~from the same railroad~~.		District right of way is responsible for compiling the acquisition documents and COROW is responsible for negotiating all railroad right of way.

	The Railroad Projects Manager is responsible for ~~acquisitions, agreements and/or documents related to operating~~ railroad right of way. ~~If both operating right of way~~ and ~~non-operating land are required~~ from the ~~same~~ railroad~~, all necessary information will be provided to the Multimodal Operations Division~~.		The Railroad Projects Manager is responsible for ensuring all communication regarding the acquisition of railroad right of way includes the COROW staff. The RRPM will ensure the Construction and Maintenance Agreement is simultaneously obtained from the affected railroad entity during negotiations.

	'''B. Acquisition Procedures - ~~Non-operating~~ Railroad Land'''		'''B. Acquisition Procedures - Railroad Land'''

	The Multimodal Operations Division will ~~acquire non-operating land if operating right~~ of ~~way is also being acquired from the same~~ railroad.		The Multimodal Operations Division will notify COROW of railroad projects. The COROW will:

	:*Obtain title information for each parcel. The conveyance of the property to the railroad is sufficient unless the land involved is a recent purchase.		:*Obtain title information for each parcel. The conveyance of the property to the railroad is sufficient unless the land involved is a recent purchase.
	:*Appraise each parcel in accordance with current appraisal procedures.		:*Appraise each parcel in accordance with current appraisal procedures.
	:*Prepare a deed with metes and bounds description. A Warranty Deed (Form 4-7.1A (CCO RW3)) or Quit Claim Deed (Form 4-7.2 (CCO RW2)) is desirable and have been accepted by railroads in some situations, or use an Easement for Highway Purposes, or 4-7.5 (CCO RW23). (Forms RW2, RW3 and RW23 are accessible in ~~[http://sp/sites/eagreements/SitePages/Home.aspx~~ eAgreements].)		:*Prepare a deed with metes and bounds description. A Warranty Deed (Form 4-7.1A (CCO RW3)) or Quit Claim Deed (Form 4-7.2 (CCO RW2)) is desirable and have been accepted by railroads in some situations, or use an Easement for Highway Purposes, (Form 4-7.5 (CCO RW23)). (Forms RW2, RW3 and RW23 are accessible in eAgreements.)

	When only non-operating railroad land is involved, negotiate in accordance with current acquisition procedures. The name of the railroad's authorized representative may be obtained from the Multimodal Operations Division Railroad Projects Manager.		'''C. Controlled Access from Railroads and Abutting Owners'''

	'''C~~. Acquisition Procedures - Operating Railroad Right of Way'''~~

	~~:*Obtain title information for each parcel.~~
	~~:*Appraise each parcel in accordance with current appraisal procedures.~~
	~~:*Prepare a metes and bounds legal description for the easement area and provide to the Multimodal Operations Division to include in an easement or grade separation agreement.~~
	~~:*Prepare and transmit to the Multimodal Operations Division an undated offer letter reflecting the approved just compensation. Tax proration phrases should not be included in the offer letter.~~
	~~:*Transmit to the Multimodal Operations Division an appraisal or waiver valuation and three plan sheets.~~

	~~'''D~~. Controlled Access from Railroads and Abutting Owners'''

	When a proposed controlled access boundary line intersects or coincides with a railroad right of way line, all easements should include a controlled access clause for access rights from the railroad and adjoining owners of underlying rights.		When a proposed controlled access boundary line intersects or coincides with a railroad right of way line, all easements should include a controlled access clause for access rights from the railroad and adjoining owners of underlying rights.
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	Also, when the proposed controlled access boundary line and the railroad right of way line coincide, it is necessary to acquire abutters' rights of direct access from owners of land and property rights adjoining the opposite side of the railroad right of way.		Also, when the proposed controlled access boundary line and the railroad right of way line coincide, it is necessary to acquire abutters' rights of direct access from owners of land and property rights adjoining the opposite side of the railroad right of way.

	'''E. Acquiring Underlying Fee in Railroad Land and Right of Way'''		'''D. Acquiring Underlying Fee in Railroad Land and Right of Way'''

	~~It is advisable to acquire the underlying fee rights of current adjoining successors in title, when acquiring non-operating railroad land.~~

	~~When a proposed highway boundary line crosses or intersects the right of way of an operating railroad, it may be necessary~~ to acquire the underlying fee ~~within the limits of the railroad right of way from adjacent owners who have reversionary~~ rights~~. It is the discretion of the district right~~ of ~~way manager as to whether or not the underlying fee should be acquired. The necessity increases~~, ~~as the likelihood of future~~ railroad ~~abandonment increases~~.		It is advisable to acquire the underlying fee rights of current adjoining successors in title, when acquiring railroad land.

	~~The description on deeds for each~~ underlying fee ~~owner will extend to~~ the ~~center~~ of the railroad right of way ~~or include~~ the ~~entire railroad~~ right of way, ~~when applicable, and will contain~~ the ~~wording "subject to~~ railroad ~~right of way~~."		When a proposed highway boundary line crosses or intersects the right of way of an operating railroad, it may be necessary to acquire the underlying fee within the limits of the railroad right of way from adjacent owners who have reversionary rights. It is the discretion of the district right of way manager and COROW as to whether or not the underlying fee should be acquired. The necessity increases, as the likelihood of future railroad abandonment increases.

	'''F. Condemnation of Railroads'''		'''E. Condemnation of Railroads'''

	The Railroad Projects Manager is to be notified of the anticipated date of condemnation when the ~~Multimodal Operations Division~~ is acquiring railroad property.		The Railroad Projects Manager is to be notified of the anticipated date of condemnation when the COROW is acquiring railroad property.

	District right of way will be responsible for including in condemnation both operating and non-operating railroad property that are not acquired by negotiation. Prior to preparation of a condemnation petition, determine ~~from the Multimodal Operations Division~~ the status of negotiations and a recommendation to include or exclude railroad property in condemnation. Railroad property is not to be included in the condemnation petition unless the Multimodal Operations Division has received proper authorization from the Department of Economic Development, Division of Motor Carrier and Railroad Safety.		District right of way will be responsible for including in condemnation both operating and non-operating railroad property that are not acquired by negotiation. Prior to preparation of a condemnation petition, determine the status of negotiations and a recommendation to include or exclude railroad property in condemnation. Railroad property is not to be included in the condemnation petition unless the Multimodal Operations Division has received proper authorization from the Department of Economic Development, Division of Motor Carrier, and Railroad Safety.

	===236.7.5.3 Acquisition from Federal Agencies===		===236.7.5.3 Acquisition from Federal Agencies===

Hoskir: added from A-419 to forms area per RR3914

2024-07-31T17:49:54Z

added from A-419 to forms area per RR3914

← Older revision		Revision as of 12:49, 31 July 2024
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	<div style="float: right; margin-right:0px; width:350px; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">		<div style="float: right; margin-right:0px; width:350px; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">
	'''<u><center>Forms</center></u>'''		'''<u><center>Forms</center></u>'''
			*[https://epg.modot.org/forms/RW/Chapter%203_Administration/A-419%20Form.pdf Acquisition Payment (Form A-419)]
	*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Administrative%20Settlement%20Justification%20Letter%20Form%207.3%203%201.pdf Administrative Settlement Justification Letter (Form 7-3.3.1)]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Administrative%20Settlement%20Justification%20Letter%20Form%207.3%203%201.pdf Administrative Settlement Justification Letter (Form 7-3.3.1)]
	*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Application%20Employment%20Contract%20Negotiator%20Form%207.8.1.pdf Application for Employment as Contract Negotiator (Form 7.8.1)]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Application%20Employment%20Contract%20Negotiator%20Form%207.8.1.pdf Application for Employment as Contract Negotiator (Form 7.8.1)]

Hoskir: /* 236.7.7.3 Taxpayer Identification Numbers */ updated per RR3899

2024-07-15T13:40:13Z

236.7.7.3 Taxpayer Identification Numbers: updated per RR3899

← Older revision		Revision as of 08:40, 15 July 2024
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	Under IRS regulations, any person whose TIN is requested must furnish such TIN and certify that the TIN is correct. The solicitation shall be made by providing a written statement to the taxpayer that they are required by law to furnish a correct TIN, and that they may be subject to civil or criminal penalties for failing to furnish a correct TIN.		Under IRS regulations, any person whose TIN is requested must furnish such TIN and certify that the TIN is correct. The solicitation shall be made by providing a written statement to the taxpayer that they are required by law to furnish a correct TIN, and that they may be subject to civil or criminal penalties for failing to furnish a correct TIN.

	The procedures described in [[236.7 Negotiation#236.7.2 Guidelines and Procedures\|EPG 236.7.2]] shall be followed in soliciting TINs from taxpayers during negotiations. The paragraph in the offer letter pertaining to TINs will satisfy the above requirement. A ~~[https://oa.mo.gov/sites/default/files/vendor_input_ach_eftd.pdf~~ Vendor Input Form ~~MO 300-1489]~~ can be used with the request.		The procedures described in [[236.7 Negotiation#236.7.2 Guidelines and Procedures\|EPG 236.7.2]] shall be followed in soliciting TINs from taxpayers during negotiations. The paragraph in the offer letter pertaining to TINs will satisfy the above requirement. A Vendor Input Form or W9, whichever is applicable, can be used with the request.

	When dealing with a representative of the owner(s), it is permissible to request that the representative obtain the TIN from the taxpayer(s); however, if they fail to supply it, a request must be sent to the taxpayer(s) by certified mail.		When dealing with a representative of the owner(s), it is permissible to request that the representative obtain the TIN from the taxpayer(s); however, if they fail to supply it, a request must be sent to the taxpayer(s) by certified mail.

	A completed Form 7-7.3 will be retained in the parcel file and provided to the escrow agent. A completed Vendor Input Form ~~MO 300-1489~~ is to be submitted to the Office of Administration.		A completed Form 7-7.3 will be retained in the parcel file and provided to the escrow agent. A completed Vendor Input Form is to be submitted to the Office of Administration.

	'''A. Instructions for Preparing Request for Taxpayer Identification Number and Request for Allocation of Gross Proceeds'''		'''A. Instructions for Preparing Request for Taxpayer Identification Number and Request for Allocation of Gross Proceeds'''

Hoskir: /* 236.7.2.9 Negotiation Procedures */ updated per RR3899

2024-07-15T13:14:25Z

236.7.2.9 Negotiation Procedures: updated per RR3899

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	:*Provide conveyance documents		:*Provide conveyance documents
	:*Provide or agree to obtain answers to the owner’s questions		:*Provide or agree to obtain answers to the owner’s questions
	:*Provide a ~~[https://oa.mo.gov/sites/default/files/vendor_input_ach_eftd.pdf~~ Vendor Input Form ~~MO 300-1489]~~ for completion.		:*Provide a Vendor Input Form or a W9 for completion.

	During the second contact the negotiator should review the items discussed during the first contact. The negotiator should give special attention to making sure the property owner understands the plans and the effect on the remaining property. Any additional questions the owner has should be answered.		During the second contact the negotiator should review the items discussed during the first contact. The negotiator should give special attention to making sure the property owner understands the plans and the effect on the remaining property. Any additional questions the owner has should be answered.
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	During the third contact the negotiator should attempt to get the owner to accept or reject the offer. If the owner fails to accept or reject the offer, or does reject the offer, the mediation and condemnation process are to be explained. The owner is to be advised that negotiations can continue until such time as the condemnation commissioners' report is filed.		During the third contact the negotiator should attempt to get the owner to accept or reject the offer. If the owner fails to accept or reject the offer, or does reject the offer, the mediation and condemnation process are to be explained. The owner is to be advised that negotiations can continue until such time as the condemnation commissioners' report is filed.

	Obtain a taxpayer identification number (TIN) using a ~~[https://oa.mo.gov/sites/default/files/vendor_input_ach_eftd.pdf~~ Vendor Input Form ~~MO 300-1489]~~ as shown in [[236.7 Negotiation#236.7.7 1099 Reporting of Acquisitions\|EPG 236.7.7]]. If a husband and wife own the property, either one can provide their TIN. Partnerships and trusts should have their own TIN that should be used for reporting real estate transactions. If there is more than one owner, other than a husband and wife, partnership or trust, each owner that is expected to receive an allocation of the proceeds shall be given a form on which to provide their TIN.		Obtain a taxpayer identification number (TIN) using a Vendor Input Form or a W9, whichever is applicable, as shown in [[236.7 Negotiation#236.7.7 1099 Reporting of Acquisitions\|EPG 236.7.7]]. If a husband and wife own the property, either one can provide their TIN. Partnerships and trusts should have their own TIN that should be used for reporting real estate transactions. If there is more than one owner, other than a husband and wife, partnership or trust, each owner that is expected to receive an allocation of the proceeds shall be given a form on which to provide their TIN.

	During negotiations, the negotiator’s objective is to promote understanding of the design and reasonableness of the offer. If the owner disagrees with the offer, the negotiator should attempt to determine the reasoning of the owner’s opinion of value or their objections to design considerations. The owner’s opinion of value, reasoning, counteroffers and objections are to be documented in the negotiator’s report and discussed with the chief negotiator or district right of way manager. If the negotiator is unable to acquire the property for the approved offer, an administrative settlement may be considered as described in [[236.7 Negotiation#236.7.3 Administrative and Legal Settlements\|EPG 236.7.3]].		During negotiations, the negotiator’s objective is to promote understanding of the design and reasonableness of the offer. If the owner disagrees with the offer, the negotiator should attempt to determine the reasoning of the owner’s opinion of value or their objections to design considerations. The owner’s opinion of value, reasoning, counteroffers and objections are to be documented in the negotiator’s report and discussed with the chief negotiator or district right of way manager. If the negotiator is unable to acquire the property for the approved offer, an administrative settlement may be considered as described in [[236.7 Negotiation#236.7.3 Administrative and Legal Settlements\|EPG 236.7.3]].

Hoskir: updated link to eAgreements

2024-03-04T16:05:01Z

updated link to eAgreements

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	*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Settlement%20Trial%20Report%20Exh%205E.2.docx Settlement/Trial Report]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Settlement%20Trial%20Report%20Exh%205E.2.docx Settlement/Trial Report]
	*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Written%20Notice%20of%20the%20Intended%20Acq%20of%20ODA%20Form%20236.7.2.6.docx Written Notice of the Intended Acquisition for Outdoor Advertising (Form 236.7.2.6)]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Written%20Notice%20of%20the%20Intended%20Acq%20of%20ODA%20Form%20236.7.2.6.docx Written Notice of the Intended Acquisition for Outdoor Advertising (Form 236.7.2.6)]
	*Forms RW2, RW8, RW10, RW15, RW20, RW23, RW25, RW33, RW34 and RW35 are accessible in [~~http~~://~~sp/sites~~/~~eagreements~~/~~SitePages~~/~~Home.aspx~~ eAgreements].		*Forms RW2, RW8, RW10, RW15, RW20, RW23, RW25, RW33, RW34 and RW35 are accessible in [https://netprod3.dot.missouri/eAgreements/Search/QuickSearch eAgreements].
	</div>		</div>

Hoskir: updated per email from Mendy S.

2023-12-04T16:56:14Z

updated per email from Mendy S.

Hoskir: /* 236.7.8.2 Roster of Approved Contract Negotiators */ updated per RR3800

2023-11-06T19:14:56Z

236.7.8.2 Roster of Approved Contract Negotiators: updated per RR3800

← Older revision		Revision as of 14:14, 6 November 2023
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	===236.7.8.2 Roster of Approved Contract Negotiators===		===236.7.8.2 Roster of Approved Contract Negotiators===

	The Right of Way Section will maintain a Roster of Approved Contract Negotiators (Form 7-8.2), listing all approved contract negotiators. The roster indicates the districts in which the individual is ~~primarily~~ available to work~~. However~~, approved negotiators may work in ~~all areas~~ of the state.		The Right of Way Section will maintain a Roster of Approved Contract Negotiators (Form 7-8.2), listing all approved contract negotiators. The roster indicates the districts in which the individual is available to work, however, approved negotiators may work in any district of the state.

	===236.7.8.3 Preliminary Contract Negotiation Fee Estimate===		===236.7.8.3 Preliminary Contract Negotiation Fee Estimate===

Hoskir: /* 236.7.8.1 Application for Employment as Contract Negotiator */ updated per RR3800

2023-11-06T19:14:07Z

236.7.8.1 Application for Employment as Contract Negotiator: updated per RR3800

← Older revision		Revision as of 14:14, 6 November 2023
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	===236.7.8.1 Application for Employment as Contract Negotiator===		===236.7.8.1 Application for Employment as Contract Negotiator===

	All contracts for negotiation services shall comply with statutory, MODOT and E-Verify requirements when applicable. Please refer to [[236.~~3 Administration~~#236.3.~~11 Contracting with MoDOT and E~~-~~Verify Requirements~~\|EPG 236.3.11 Contracting with MoDOT and E-Verify Requirements]] for more information.		All contracts for negotiation services shall comply with statutory, Missouri Department of Transportation (MODOT) and E-Verify requirements when applicable. Please refer to [[236.3_Administration#236.3.11_Contracting_with_MoDOT_and_E-Verify_Requirements\|EPG 236.3.11 Contracting with MoDOT and E-Verify Requirements]] for more information.

	Right of Way negotiators employed under agreement by the MHTC must enjoy a good professional reputation and be able to provide evidence of significant experience in Federal-Aid projects and negotiating for [[236.~~10 Right Of Way Condemnation~~#236.10.~~7 Eminent Domain Guidelines~~\|eminent domain]] acquisitions. Additional experience obtained through classes relating to the uniform act and negotiations is ~~considered but not required~~.		Right of Way negotiators employed under agreement by the Missouri Highways and Transportation Commission (MHTC) must enjoy a good professional reputation and be able to provide evidence of significant experience in Federal-Aid projects and negotiating for [[236.10_Right_Of_Way_Condemnation#236.10.7_Eminent_Domain_Guidelines\|eminent domain]] acquisitions. Additional experience obtained through classes relating to the uniform act and negotiations is recommended as outlined below.

	All fee negotiators who desire to work for MHTC on a contract basis ~~must~~ submit an [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Application%20Employment%20Contract%20Negotiator%20Form%207.8.1.pdf Application for Employment as a Contract Negotiator] (Form 7.8.1), to a district right of way office. When the application is received at the district office, a member of the right of way ~~staff~~ shall conduct an investigation to ~~determine~~ the qualifications of the applicant. This investigation shall be to the extent necessary to determine the abilities of the applicant and the applicant's general reputation within the profession. All clients shown on the application ~~shall~~ be contacted ~~in person or~~ by telephone. All applicants must ~~be recommended~~ by at least two clients.		All fee negotiators who desire to work for MHTC on a contract basis are required to complete the MoDOT ROW Negotiator training and submit an [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Application%20Employment%20Contract%20Negotiator%20Form%207.8.1.pdf Application for Employment as a Contract Negotiator] (Form 7.8.1), to a district right of way office. When the application is received at the district office, a member of the right of way department shall conduct an investigation to verify the qualifications of the applicant. This investigation shall be to the extent necessary to determine the abilities of the applicant and the applicant's general reputation within the profession. All clients shown on the application may be contacted by telephone. All applicants must have recommendations by at least two clients.

	After the investigation is completed and district right of way is satisfied with the applicant's qualifications, the district shall transmit to ~~the~~ Right of Way ~~Section its~~ recommendation together with one copy of the application and ~~such~~ other ~~exhibits considered pertinent to~~ the approval process. ~~The~~ Right of Way ~~Section~~ will review the ~~application material~~ to ~~determine~~ the applicant's qualifications and will advise the district office, in writing, of the approval or disapproval of the applicant.		After the investigation is completed and district right of way department is satisfied with the applicant's qualifications, the district shall transmit to Central Office Right of Way the recommendation together with one copy of the application and any other necessary information for the approval process. Central Office Right of Way will review the recommendation and supporting information to verify the applicant's qualifications and will advise the district office, in writing, of the approval or disapproval of the applicant.

	'''Duration of Approval of Fee Negotiators on the Roster of Approved Negotiators'''		'''Duration of Approval of Fee Negotiators on the Roster of Approved Negotiators'''

	Duration of approval on the Roster of Approved Fee Negotiators is 5 years. ~~A renewal application~~ will be ~~sent to each fee negotiator prior~~ to their 5 year ~~expiration date as contained in MoDOT’s database~~. If the negotiator fails to comply with the terms of the Negotiator Contract Agreement, or the progress or quality of the work is unsatisfactory, MoDOT reserves the right to remove the negotiator from the approved roster. ~~The~~ renewal application will ~~seek to determine~~ the ~~applicants desire~~ to remain on the list and ~~also to~~ capture updated information ~~including~~ address, phone numbers, email addresses and areas of the state the applicant is interested in performing work. Renewal dates are contained in the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf Roster of Approved Contract Negotiators (Form 7-8.2)]~~. If you have any questions you can contact the Right of Way Section of MoDOT's Design Division~~.		Duration of approval on the Roster of Approved Fee Negotiators is 5 years. The negotiator will be required to complete the MoDOT ROW Negotiator training and submit their renewal application by July 1<sup>st</sup>, of the expiration year listed on the roster. If a renewal application is not received by July 1<sup>st</sup>, the appraiser will be removed from the roster. If the negotiator fails to comply with the terms of the Negotiator Contract Agreement, or the progress or quality of the work is unsatisfactory, MoDOT reserves the right to remove the negotiator from the approved roster. A renewal application will be required if the applicant desires to remain on the list and capture updated information such as address, phone numbers, email addresses and areas of the state the applicant is interested in performing work. Renewal dates are contained in the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf Roster of Approved Contract Negotiators (Form 7-8.2)].

	===236.7.8.2 Roster of Approved Contract Negotiators===		===236.7.8.2 Roster of Approved Contract Negotiators===

Hoskir: /* 236.7.7.4 Methods for Reporting to the IRS */ updated per RR3772

2023-09-13T13:19:58Z

236.7.7.4 Methods for Reporting to the IRS: updated per RR3772

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	:* If the property is purchased and the transaction is closed by an escrow agent, the escrow agent is to handle the reporting to the IRS. The agreement for title and escrow services as described in [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services\|EPG 236.4.4.6 Escrow Services]] provides for this requirement. If a bank or other source is used as an escrow agent, the letter of understanding with the escrow agent should spell out this duty along with the other duties.		:* If the property is purchased and the transaction is closed by an escrow agent, the escrow agent is to handle the reporting to the IRS. The agreement for title and escrow services as described in [[236.4 Description Writing and Titles#236.4.4.6 Escrow Services\|EPG 236.4.4.6 Escrow Services]] provides for this requirement. If a bank or other source is used as an escrow agent, the letter of understanding with the escrow agent should spell out this duty along with the other duties.
	:* If the property is purchased and the transaction is not closed by an escrow agent, district right of way is responsible for creating a 1099-S in the RWPA application. The “Property Transfer Settlement” field shall be filled in with “Yes” if part of the consideration for a reportable acquisition transaction consisted of realty. The most current address shall be verified and used on the form.		:* If the property is purchased and the transaction is not closed by an escrow agent, district right of way is responsible for creating a 1099-S in the RWPA application. The “Property Transfer Settlement” field shall be filled in with “Yes” if part of the consideration for a reportable acquisition transaction consisted of realty. The most current address shall be verified and used on the form.
	:* If the property is condemned, it should be determined if the County Clerk is reporting the transaction to the IRS. If they are making the report, MoDOT will not duplicate it. If the County Clerk is not reporting the transactions, district right of way is responsible for creating a 1099-S in the RWPA application.		:* If the property is condemned, it should be determined if the County Clerk is reporting the transaction to the IRS. If they are making the report, MoDOT will not duplicate it. If the County Clerk is not reporting the transactions, district right of way is responsible for creating a 1099-S and/or 1099-I in the RWPA application.
	:* If the property purchased is a temporary easement, OA will handle reporting the 1099-MISC.		:* If the property purchased is a temporary easement, OA will handle reporting the 1099-MISC.
	~~:* If interest is ordered to be paid following a condemnation case, OA will handle reporting the 1099-INT.~~

	===236.7.7.5 Corrected 1099-S's===		===236.7.7.5 Corrected 1099-S's===

Hoskir: updated forms area

2023-08-09T16:23:49Z

updated forms area

← Older revision		Revision as of 11:23, 9 August 2023
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	{\|style="padding: 0.3em~~; margin-left:15px~~; border: 1px solid #cccccc; text-align:~~center~~; ~~font-size: 95%; background:#f5f5f5" width="310px" align="right"~~		<div style="float: right; margin-right:0px; width:275px; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">
	\|-		'''<u><center>Forms</center></u>'''
	\|'''Forms'''		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Administrative%20Settlement%20Justification%20Letter%20Form%207.3%203%201.pdf Administrative Settlement Justification Letter (Form 7-3.3.1)]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Application%20Employment%20Contract%20Negotiator%20Form%207.8.1.pdf Application for Employment as Contract Negotiator (Form 7.8.1)]
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Administrative%20Settlement%20Justification%20Letter%20Form%207.3%203%201.pdf Administrative Settlement Justification Letter (Form 7-3.3.1)]		*[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation (Form 6.4.3)]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Contract%20Negotiator%20Performance%20Form%207.8.7.pdf Contract Negotiator Performance Evaluation (Form 7-8.7)]
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Application%20Employment%20Contract%20Negotiator%20Form%207.8.1.pdf Application for Employment as Contract Negotiator (Form 7.8.1)]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Disclaimer%20of%20Interest%20in%20Tenant%20Owner%20Form%207.2.5C.docx Disclaimer of Interest in Tenant Owned Improvement (Form 7-2.5C)]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Donation%20Letter%20waiver%20of%20Appraisal%20Form%207.2.12.docx Donation Letter & Waiver of Appraisal (Form 7-2.12)]
	\|[https://epg.modot.org/forms/RW/Chapter%206_Appraisal%20and%20Appraisal%20Review/Appraisal%20Review%20and%20Approval%20of%20Just%20Compensation%20Form%206.4.3.docx Appraisal Review and Approval of Just Compensation (Form 6.4.3)]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Title%20VI%20Survey.doc MoDOT Public Participation Survey (Title VI Survey)]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Title%20VI%20Survey.pdf MoDOT Public Participation Survey (Title VI Survey) – External Version]
	\|[~~http~~://epg.modot.org/forms/RW/Chapter%207_Negotiation/Contract%20Negotiator%20Performance%20Form%207.8.7.pdf Contract Negotiator Performance Evaluation (Form 7-8.7)]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator's Report (Form 7-2.13)]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Form%20-%20Capital%20Improvements%207.6.3.docx Offer Letter Form – Capital Improvements (Form 7.6.3)]
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Disclaimer%20of%20Interest%20in%20Tenant%20Owner%20Form%207.2.5C.docx Disclaimer of Interest in Tenant Owned Improvement (Form 7-2.5C)]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20prior%20Cond%20Form%207.2.5.D.docx Offer Letter - Combined Fee and Tenant Owners - Use Prior to Condemnation (Form 7.2.5D)]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Owner%20Form7.2.5.A.docx Offer Letter - Fee Owner (Form 7.2.5A)]
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Donation%20Letter%20waiver%20of%20Appraisal%20Form%207.2.12.docx Donation Letter & Waiver of Appraisal (Form 7-2.12)]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Owner%20No%20Declaimer%20Form%207.2.5.B.2.docx Offer Letter - Tenant Owner No Disclaimer (Form 7.2.5B(2))]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Form7.2.5.B.1.docx Offer Letter - Tenant Owner with Disclaimer (Form 7.2.5B(1))]
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Title%20VI%20Survey.doc MoDOT Public Participation Survey (Title VI Survey)]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Preliminary%20Contract%20Form%207.8.3.docx Preliminary Contract Negotiation Fee Estimate (Form 7-8.3)]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Pre-trial%20report%20Exh%205E.1.docx Pre-Trial Report]
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Title%20VI%20Survey.pdf MoDOT Public Participation Survey (Title VI Survey) – External Version]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20Owners%20section.pdf Prorata Real Estate Tax Claim, Owner's Section (Form 7-2.22C)]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20MoDOT%20section.pdf Prorata Real Estate Tax Claim, MoDOT's Section (Form 7-2.22D)]
	\|[~~http~~://~~eprojects~~/~~Templates~~/RW/Chapter%207_Negotiation/Negotiator's%20Report%20Form%207.2.12.pdf Negotiator's Report (Form 7-2.13)]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Renewal%20Application%20Contract%20Negotiator%20Form%207.8.1.A.pdf Renewal Application for Employment as Contract Negotiator (Form 7-8.1a)]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20Allocation%20Gross%20Proceeds%20Form%207.7.3.pdf Request for Allocation of Gross Proceeds (Form 7-7.3)]
	\|[~~http~~://~~eprojects~~/~~Templates~~/RW/Chapter%207_Negotiation/Offer%20Letter%20Form%20-%20Capital%20Improvements%207.6.3.docx Offer Letter Form – Capital Improvements (Form 7.6.3)]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20for%20TIN%20and%20Allocation%20of%20Gross%20Proceeds%20Form%207.7.3.A.docx Request for Taxpayer Identification Number and Allocation of Gross Proceeds - Sample Letter (Form 7-7.3A)]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Requirements%20for%20the%20Retention%20Form%207.4.2C.pdf Requirements for the Retention of Improvements (Form 7-4.2C)]
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20prior%20Cond%20Form%207.2.5.D.docx Offer Letter - Combined Fee and Tenant Owners - Use Prior to Condemnation (Form 7.2.5D)]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf Roster of Approved Contract Negotiators (Form 7-8.2)]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/RWPA%20Checklist.pdf RWPA checklist]
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Owner%20Form7.2.5.A.docx Offer Letter - Fee Owner (Form 7.2.5A)]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Release%20Funds%20Held%20in%20Escrow%20Form%207.1.17.docx Sample Letter - Release of Funds Held in Escrow (Form 7-1.17C)]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Special%20Benefit%20Offer%20Letter%20Form%207.9.2.docx Sample Letter - Special Benefit Offer Letter (Form 7-9.2)]
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Owner%20No%20Declaimer%20Form%207.2.5.B.2.docx Offer Letter - Tenant Owner No Disclaimer (Form 7.2.5B(2))]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Transmittal%20of%20Check%20to%20Owner%20Form%207.1.17.docx Sample Letter - Transmittal of Check to Owner (Form 7-1.17A)]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Transmittal%20of%20Checks%20to%20Escrow%20Agent%20Form%207.1.17.B.docx Sample Letter - Transmittal of Checks to Escrow Agent (Form 7-1.17B)]
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Offer%20Letter%20Tenant%20Form7.2.5.B.1.docx Offer Letter - Tenant Owner with Disclaimer (Form 7.2.5B(1))]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Settlement%20Trial%20Report%20Exh%205E.2.docx Settlement/Trial Report]
	\|-		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Written%20Notice%20of%20the%20Intended%20Acq%20of%20ODA%20Form%20236.7.2.6.docx Written Notice of the Intended Acquisition for Outdoor Advertising (Form 236.7.2.6)]
	\|[~~http~~://~~eprojects~~/~~Templates~~/RW/Chapter%207_Negotiation/Preliminary%20Contract%20Form%207.8.3.docx Preliminary Contract Negotiation Fee Estimate (Form 7-8.3)]		*Forms RW2, RW8, RW10, RW15, RW20, RW23, RW25, RW33, RW34 and RW35 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].
	\|-		</div>
	\|[~~http~~://~~eprojects~~/~~Templates~~/RW/Chapter%207_Negotiation/Pre-trial%20report%20Exh%205E.1.docx Pre-Trial Report]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20Owners%20section.pdf Prorata Real Estate Tax Claim, Owner's Section (Form 7-2.22C)]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Prorata%20-%20MoDOT%20section.pdf Prorata Real Estate Tax Claim, MoDOT's Section (Form 7-2.22D)]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Renewal%20Application%20Contract%20Negotiator%20Form%207.8.1.A.pdf Renewal Application for Employment as Contract Negotiator (Form 7-8.1a)]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20Allocation%20Gross%20Proceeds%20Form%207.7.3.pdf Request for Allocation of Gross Proceeds (Form 7-7.3)]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20for%20TIN%20and%20Allocation%20of%20Gross%20Proceeds%20Form%207.7.3.A.docx Request for Taxpayer Identification Number and Allocation of Gross Proceeds - Sample Letter (Form 7-7.3A)]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Requirements%20for%20the%20Retention%20Form%207.4.2C.pdf Requirements for the Retention of Improvements (Form 7-4.2C)]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf Roster of Approved Contract Negotiators (Form 7-8.2)]
	\|-
	\|[~~http~~://~~eprojects~~/~~Templates~~/RW/Chapter%2010_Condemnation%20Procedures/RWPA%20Checklist.pdf RWPA checklist]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Release%20Funds%20Held%20in%20Escrow%20Form%207.1.17.docx Sample Letter - Release of Funds Held in Escrow (Form 7-1.17C)]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Special%20Benefit%20Offer%20Letter%20Form%207.9.2.docx Sample Letter - Special Benefit Offer Letter (Form 7-9.2)]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Transmittal%20of%20Check%20to%20Owner%20Form%207.1.17.docx Sample Letter - Transmittal of Check to Owner (Form 7-1.17A)]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Transmittal%20of%20Checks%20to%20Escrow%20Agent%20Form%207.1.17.B.docx Sample Letter - Transmittal of Checks to Escrow Agent (Form 7-1.17B)]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Settlement%20Trial%20Report%20Exh%205E.2.docx Settlement/Trial Report]
	\|-
	\|[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Written%20Notice%20of%20the%20Intended%20Acq%20of%20ODA%20Form%20236.7.2.6.docx Written Notice of the Intended Acquisition for Outdoor Advertising (Form 236.7.2.6)]
	\|-
	\|Forms RW2, RW8, RW10, RW15, RW20, RW23, RW25, RW33, RW34 and RW35 are accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements].
	\|}

	==236.7.1 General Provisions==		==236.7.1 General Provisions==

← Older revision		Revision as of 11:56, 4 December 2023
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	<div style="float: right; margin-right:0px; width:~~275px~~; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">		<div style="float: right; margin-right:0px; width:350px; background-color: #f5f5f5; padding: 0.3em; border: 1px solid #cccccc; text-align:left;">
	'''<u><center>Forms</center></u>'''		'''<u><center>Forms</center></u>'''
	*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Administrative%20Settlement%20Justification%20Letter%20Form%207.3%203%201.pdf Administrative Settlement Justification Letter (Form 7-3.3.1)]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Administrative%20Settlement%20Justification%20Letter%20Form%207.3%203%201.pdf Administrative Settlement Justification Letter (Form 7-3.3.1)]
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	*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20for%20TIN%20and%20Allocation%20of%20Gross%20Proceeds%20Form%207.7.3.A.docx Request for Taxpayer Identification Number and Allocation of Gross Proceeds - Sample Letter (Form 7-7.3A)]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Request%20for%20TIN%20and%20Allocation%20of%20Gross%20Proceeds%20Form%207.7.3.A.docx Request for Taxpayer Identification Number and Allocation of Gross Proceeds - Sample Letter (Form 7-7.3A)]
	*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Requirements%20for%20the%20Retention%20Form%207.4.2C.pdf Requirements for the Retention of Improvements (Form 7-4.2C)]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Requirements%20for%20the%20Retention%20Form%207.4.2C.pdf Requirements for the Retention of Improvements (Form 7-4.2C)]
	*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf Roster of Approved Contract Negotiators ~~(Form 7-8.2)~~]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf Roster of Approved MoDOT Contract Negotiators]
	*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/RWPA%20Checklist.pdf RWPA checklist]		*[https://epg.modot.org/forms/RW/Chapter%2010_Condemnation%20Procedures/RWPA%20Checklist.pdf RWPA checklist]
	*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Release%20Funds%20Held%20in%20Escrow%20Form%207.1.17.docx Sample Letter - Release of Funds Held in Escrow (Form 7-1.17C)]		*[https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Sample%20Ltr%20Release%20Funds%20Held%20in%20Escrow%20Form%207.1.17.docx Sample Letter - Release of Funds Held in Escrow (Form 7-1.17C)]
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	'''Contract Negotiations'''		'''Contract Negotiations'''

	Contract negotiators may conduct negotiations under written agreement as described in [[236.7 Negotiation#236.7.8 Contract Negotiation\|EPG 236.7.8]]. The amount of the fee shall be established on a parcel basis. The Right of Way Section must approve contract negotiators prior to employment. The Right of Way Section maintains a Roster of Approved Contract Negotiators ~~(Form 7-8.2)~~.		Contract negotiators may conduct negotiations under written agreement as described in [[236.7 Negotiation#236.7.8 Contract Negotiation\|EPG 236.7.8]]. The amount of the fee shall be established on a parcel basis. The Right of Way Section must approve contract negotiators prior to employment. The Right of Way Section maintains a Roster of Approved MoDOT Contract Negotiators.

	===236.7.1.6 Acquisition of Real Property Interest===		===236.7.1.6 Acquisition of Real Property Interest===
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	'''Duration of Approval of Fee Negotiators on the Roster of Approved Negotiators'''		'''Duration of Approval of Fee Negotiators on the Roster of Approved Negotiators'''

	Duration of approval on the Roster of Approved Fee Negotiators is 5 years. The negotiator will be required to complete the MoDOT ROW Negotiator training and submit their renewal application by July 1<sup>st</sup>, of the expiration year listed on the roster. If a renewal application is not received by July 1<sup>st</sup>, the appraiser will be removed from the roster. If the negotiator fails to comply with the terms of the Negotiator Contract Agreement, or the progress or quality of the work is unsatisfactory, MoDOT reserves the right to remove the negotiator from the approved roster. A renewal application will be required if the applicant desires to remain on the list and capture updated information such as address, phone numbers, email addresses and areas of the state the applicant is interested in performing work. Renewal dates are contained in the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf Roster of Approved Contract Negotiators ~~(Form 7-8.2)~~].		Duration of approval on the Roster of Approved Fee Negotiators is 5 years. The negotiator will be required to complete the MoDOT ROW Negotiator training and submit their renewal application by July 1<sup>st</sup>, of the expiration year listed on the roster. If a renewal application is not received by July 1<sup>st</sup>, the appraiser will be removed from the roster. If the negotiator fails to comply with the terms of the Negotiator Contract Agreement, or the progress or quality of the work is unsatisfactory, MoDOT reserves the right to remove the negotiator from the approved roster. A renewal application will be required if the applicant desires to remain on the list and capture updated information such as address, phone numbers, email addresses and areas of the state the applicant is interested in performing work. Renewal dates are contained in the [https://epg.modot.org/forms/RW/Chapter%207_Negotiation/Roster%20of%20Approved%20Contract%20Negotiators.pdf Roster of Approved MoDOT Contract Negotiators].

	===236.7.8.2 Roster of Approved Contract Negotiators===		===236.7.8.2 Roster of Approved MoDOT Contract Negotiators===

	The Right of Way Section will maintain a Roster of Approved Contract Negotiators ~~(Form 7-8.2)~~, listing all approved contract negotiators. The roster indicates the districts in which the individual is available to work, however, approved negotiators may work in any district of the state.		The Right of Way Section will maintain a Roster of Approved MoDOT Contract Negotiators, listing all approved contract negotiators. The roster indicates the districts in which the individual is available to work, however, approved negotiators may work in any district of the state.

	===236.7.8.3 Preliminary Contract Negotiation Fee Estimate===		===236.7.8.3 Preliminary Contract Negotiation Fee Estimate===
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	When staff workload or project completion considerations warrant, negotiations agreements may be awarded without competitive proposals, the district may proceed as follows:		When staff workload or project completion considerations warrant, negotiations agreements may be awarded without competitive proposals, the district may proceed as follows:

	District shall select negotiators from the current Roster of Approved Contract Negotiators ~~(Form 7-8~~.~~2).~~ Every effort shall be made to select the most qualified negotiator available for the particular job. Consideration should be given to anticipated negotiation problems, negotiator’s experience, negotiator's past performance, pending assignments, etc. District personnel determine the selected negotiator’s availability to complete the work within a specified time.		District shall select negotiators from the current Roster of Approved MoDOT Contract Negotiators. Every effort shall be made to select the most qualified negotiator available for the particular job. Consideration should be given to anticipated negotiation problems, negotiator’s experience, negotiator's past performance, pending assignments, etc. District personnel determine the selected negotiator’s availability to complete the work within a specified time.

	After the negotiator has been made aware of all facts regarding the prospective negotiations assignment, the district shall request a Proposal for Contract Negotiations (Form 7-8.4, RW33) (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), setting forth a fee for each parcel. Since competitive proposals are not involved, the Competitive Proposal paragraph may be deleted or marked "not applicable." The proposal must be dated, signed, and submitted to the district office by the prospective negotiator.		After the negotiator has been made aware of all facts regarding the prospective negotiations assignment, the district shall request a Proposal for Contract Negotiations (Form 7-8.4, RW33) (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), setting forth a fee for each parcel. Since competitive proposals are not involved, the Competitive Proposal paragraph may be deleted or marked "not applicable." The proposal must be dated, signed, and submitted to the district office by the prospective negotiator.
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	===236.7.8.7 Contract Negotiator Performance Evaluation===		===236.7.8.7 Contract Negotiator Performance Evaluation===

	The last paragraph of Proposal for Contract Negotiation (Form 7-8.4, RW33) (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), advises contractors that their overall performance will be carefully evaluated and that failure to perform at an acceptable level can result in their removal from MoDOT’s Roster of Approved Contract Negotiators ~~(Form 7-8.2)~~.		The last paragraph of Proposal for Contract Negotiation (Form 7-8.4, RW33) (Form RW33 is accessible in [http://sp/sites/eagreements/SitePages/Home.aspx eAgreements]), advises contractors that their overall performance will be carefully evaluated and that failure to perform at an acceptable level can result in their removal from MoDOT’s Roster of Approved MoDOT Contract Negotiators.

	Properly used, the Performance Evaluation can be of considerable value to MoDOT in effectively managing contract negotiations work.		Properly used, the Performance Evaluation can be of considerable value to MoDOT in effectively managing contract negotiations work.

	<b>Notification to Contract Negotiator of Removal from Roster of Approved Contract Negotiators ~~(Form 7-8.2)~~</b></br>		<b>Notification to Contract Negotiator of Removal from Roster of Approved MoDOT Contract Negotiators</b></br>
	In the event the fee negotiator is found to have unsatisfactory performance or unsatisfactory work product outlined in scope of services, MoDOT has the right to remove the fee appraiser from the roster.		In the event the fee negotiator is found to have unsatisfactory performance or unsatisfactory work product outlined in scope of services, MoDOT has the right to remove the fee appraiser from the roster.