HomeMy Public PortalAboutORD16137BILL NO. 2021-011
SPONSORED BY Councilmember Fitzwater
ORDINANCE NO. /Cal
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
CONSTRUCTION CONTRACT WITH PARKING LOT MAINTENANCE, LLC. AND A
GRANT AGREEMENT BETWEEN THE CITY OF JEFFERSON AND THE MISSOURI
HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE PURPOSE OF
CONSTRUCTING THE APRON MAINTENANCES PROJECT FOR THE JEFFERSON
CITY MEMORIAL AIRPORT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The bid of Parking Lot Maintenance, LLC is declared to be the lowest
and best bid and is hereby accepted for the Apron Pavement Maintenance project.
Section 2. The Mayor and City Clerk are hereby authorized to execute an
agreement with Parking Lot Maintenance, LLC. for the Apron Pavement Maintenance
project.
Section 3. The Mayor and City Clerk are hereby authorized to execute a grant
amendment with the Missouri Highways and Transportation Commission for the purpose
of constructing the Apron Maintenance and Remarking project for the Jefferson City
Memorial Airport.
Section 4. These agreements shall be substantially the same in form and content
as Exhibit A and B attached hereto.
Section 5. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: -,,-/n 7 CD2
Presiding Officer
ATTEST:
Approved: XVZr
Mayor Carrie Tergin
APPROVED AS TO FORM:
Memorandum
To: City Council
From: City Administrator
Re: Grant Acceptance Over $25,000
For: Bill Authorizing Grant Agreement
Pursuant to Section 2- 28 of the City Code, I request authority to accept the following Grant:
The name of the grantor:
Federal Aviation Administration, Department of
Transportation as Administered through the Missouri
De artment of Transportation
The amount of the grant:
$415,698
The purpose of the grant:
Construct Apron Rehabilitation and Remarking Project at
the Jefferson City Memorial Airport
Any matching requirements or future
The first $347,707 of the grant will require a 10% match
obligations tied to acceptance of the
or $38,634, the remaining $67,911 of the grant has no
grant:
matching requirement. All matching funds will come
from the airport portion of the Capital Improvement
Sales Tax.
CFDA#:
20.106
Grant Award # (if any):
20-04OB-1
City Department Responsible:
Public Work
Employee assigned as Grant
Britt E. Smith, PE
Administrator:
Revenue account # to be amended:
61-100-430010
Expense account # to be amended:
61-990-578081
Reviewed by Finance:
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Please NOTE: Upon Approval, the City Administrator may, on behalf of the city execute any documents
necessary for accepting the grant and amend the budget to reflect the acceptance of such revenue, and amend
the budget to reflect equivalent expenses so as to accomplish the purpose of such funds.
For Finance Department Use only:
Approved on the Consent Agenda this day of , 20
Revised 8/2/16 by Ordinance 15545
APRON PAVEMENT MAINTENANCE APRIL 2021
CITY OF JEFFERSON
CONSTRUCTION CONTRACT
THIS CONTRACT, made and entered into this � day of I Y 1A 2021, by and between
Parking Lot Maintenance, LLC, hereinafter referred to as "Contract r," and the City of Jefferson, Missouri, a
municipal corporation of the State of Missouri, hereinafter referred to as "City."
WITNESSETH:
THAT WHEREAS, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor,
tools, equipment, materials and supplies and for constructing the following City improvements:
Project No. 127371, MoDOT No. 20-040B-1, Apron Pavement Maintenance
NOW THEREFORE, the parties to this contract agree to the following:
1. Scone of Services.
Contractor agrees to provide all labor, equipment, hardware and supplies to perform the work included in the project
entitled "Apron Pavement Maintenance" in accordance with the plans and specifications on file with the
Department of Public Works.
2. Manner and Time for Completion.
Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary
to perform said work at Contractor's own expense in accordance with the contract documents and any applicable
City ordinances and state and federal laws, within 75 calendar days from the date Contractor is ordered to proceed,
which order shall be issued by the Director of Public Works within fifteen (15) calendar days after the date of this
contract.
3. PrevailinE Waees.
To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage
of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by
Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal
Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing
hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the
contents of the current Annual Wage Order No. 27, Section 014, Callaway County, and Federal Wage rates as
set forth. The Contractor further agrees that Contractor will keep an accurate record showing the names and
occupations of all workmen employed in connection with the work to be performed under the terms of this contract.
The record shall show the actual wages paid to the workmen in connection with the work to be performed under the
terms of this contract. A copy of the record shall be delivered to the Purchasing Agent of the Jefferson City Finance
Department each week. In accordance with Section 290.250, RSMo, Contractor shall forfeit to the City One
Hundred Dollars ($100.00) for each workman employed, for each calendar day or portion thereof that the workman
is paid less than the stipulated rates for any work done under this contract, by the Contractor or any subcontractor
under the Contractor.
4. Insurance.
Contractor shall procure and maintain at its own expense during the life of this contract:
(a) The Contractor shall obtain and maintain during the term of the Project and this Contract the insurance
coverages at least equal to the coverages set forth in this section, but no event less than the individual and combined
sovereign immunity limits established by Section 537.610 R.S.Mo. Insurance policies providing required coverages
shall be with companies licensed to do business in the State of Missouri and rated no less than AA by Best or
equivalent. All costs of obtaining and maintaining insurance coverages are included in the Bid Amount and no
additional payment will be made therefor by the City.
Jefferson City Project Manual CA -1 Jefferson City Memorial Airport
APRON PAVEMENT MAINTENANCE
Comprehensive General Liability Insurance
(including coverage for Bodily Injury and
Property Damage)
Comprehensive Automobile Liability Insurance
(including coverage for Bodily Injury and
Property Damage)
Employer's Liability
APRIL 2021
$500,000 per occurrence
$3,000,000 aggregate
$500,000 per occurrence
$3,000,000 aggregate
$3,000,000 bodily injury by accident (each
accident)
$3,000,000 bodily injury by disease (each
employee)
$3,000,000 bodily injury policy limit
(b) Worker's Compensation - In addition, the Contractor and all subcontractors shall provide Worker's
Compensation Insurance in at least statutory amounts for all workers employed at the Project site.
(c) Owner's Protective Liability Insurance - The Contractor shall also obtain at its own expense and deliver
to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson and the Engineer as the
insured, in an amount not less than the individual and combined sovereign immunity limits established by Section
537.610 R.S.Mo., except for those claims governed by the provisions of the Missouri Workmen's Compensation
Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground
structures or by reason of blasting, explosion or collapse.
(d) Subcontracts - In case any or all of this work is sublet, the Contractor shall require the Subcontractor to
procure and maintain all insurance required in Subparagraphs (a) and (b) hereof and in like amounts.
(e) Before commencing any work, the Contractor shall provide to the City certificates of insurance
evidencing the issuance and maintenance in force of the coverages required by this section. Each such certificate
shall show the City, and such other governmental agencies as may be required by the City to be insured by
underlying grant or contract relating to the Project, as an additional insured, and shall bear an endorsement
precluding cancellation of or change in coverage without at least thirty (30) days written notice to the City. The City
may waive any insurance coverages or amounts required by this section when the City deems such waiver to be in
the interest of the public health, safety, and general welfare.
5. Contractor's Responsibility for Subcontractors.
It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and
omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all
subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as
applicable to the work of subcontractors and to give Contractor the same power regarding termination of any
subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in
this contract shall create any contractual relations between any subcontractor and the City or between any
subcontractors.
6. Liquidated Damages.
The City may deduct (according to the below schedule) from any amount otherwise due under this contract for
every day Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will
ensure the completion by the time above specified, or any extension thereof, or fails to complete the work by such
time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor
shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable
causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents.
Jefferson City Project Manual CA -2 Jefferson City Memorial Airport
APRON PAVEMENT MAINTENANCE APRIL 2021
BID / PHASE
LIQUIDATED DAMAGES COST
ALLOWED CONSTRUCTION TIME
Phase 1
$1,500 / Calendar Day
28 Calendar Days
Phase 2
$1,500 / Calendar Day
7 Calendar Days
Phase 3A
$1,500 / Calendar Day
14 Calendar Days
Phase 3B
$1,500 / Calendar Day
14 Calendar Days
Phase 3C
$1,500 / Calendar Day
12 Calendar Days
Total Calendar Day
Contract
75 Calendar Days
7. Termination.
The City reserves the right to terminate this contract by giving at least ten (10) calendar days prior written notice to
Contractor, without prejudice to any other rights or remedies of the City should Contractor be adjudged a bankrupt,
or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed
for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply
enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment
to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of
the City or fail to observe or perform any provisions of the contract.
8. City's Right to Proceed.
In the event this contract is terminated pursuant to Paragraph 7, then the City may take over the work and prosecute
the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any
costs over the amount of this contract thereby occasioned by the City. In any such case, the City may take
possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work
site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation
of, the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws.
9. Indemnity.
To the fullest extent permitted by law, the Contractor will indemnify and hold harmless the Engineer, Burns &
McDonnell Engineering, Inc., the City, its elected and appointed officials, employees, and agents from and against
any and all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from the
performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury,
sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including
the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of
contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any
of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity
which would otherwise exist as to any party or person described in this Paragraph.
10. Payment for Labor and Materials.
Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the
work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to ensure the payment of
all materials and labor used in the performance of this contract.
11. Supplies.
The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods
and materials for the project as set out in Section 144.062 RSMo 1994 as amended. Contractor shall keep and
maintain records and invoices of all such purchases which shall be submitted to the City.
12 Payment.
The City hereby agrees to pay Contractor the work done pursuant to this contract according to the payment schedule
set forth in the Contract Documents upon acceptance of said work by the Director of Public Works, and in
accordance with the rates and/or amounts stated in the bid of Contractor dated February 22, 2021, which are by
reference made a part hereof. No partial payment to Contractor shall operate as approval or acceptance of work
done or materials furnished hereunder. The total amount of this contract shall not exceed Four Hundred Fifty -Four
Thousand One Hundred Fifteen Dollars ($454,115.00).
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APRON PAVEMENT MAINTENANCE APRIL 2021
13. Performance and Materialman's Bonds Required.
Contractor shall provide a bond to the City before work is commenced, and no later than fifteen (15) calendar days
after the execution of this contract, guaranteeing the Contractor's performance of the work bid for, the payment of
amounts due to all suppliers of labor and materials, the payment of insurance premiums for workers compensation
insurance and all other insurance called for under this contract, and the payment of the prevailing wage rate to all
workmen as required by this contract, said bond to be in a form approved by the City, and to be given by such
company or companies as may be acceptable to the City in its sole and absolute discretion. The amount of the bond
shall be equal to the Contractor's bid.
14. Knowledge of Local Conditions.
Contractor hereby warrants that it has examined the location of the proposed work and the attached specifications
and has fully considered such local conditions in making its bid herein.
15. Severability.
If any section, subsection, sentence, or clause of this Contract shall be adjudged illegal, invalid, or unenforceable,
such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract
as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged.
16. Governing Law.
The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have
jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby
consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract, the City
shall be entitled to recover its attorney's fees and expenses incurred in such action.
17. Contract Documents.
The contract documents shall consist of the following:
a.
This Contract
g.
Supplementary Provisions
b.
Addenda
h.
Local Provisions
c.
Signed Copy of Bid
i.
Technical Specifications
d.
Notice to Bidders
j.
Drawings and/or Sketches
e.
Instructions to Bidders
k.
Proposal and associated attachments
f.
General Provisions
1.
Performance and Payment Bonds
m.
Wage Rate Determinations
This contract and the other documents enumerated in this paragraph, form the Contract between the parties. These
documents are as fully a part of the contract as if attached hereto or repeated herein.
18. Complete Understanding, Merger.
Parties agree that this document including those documents described in the section entitled "Contract Documents"
represent the full and complete understanding of the parties. This contact includes only those goods and services
specifically set out. This contract supersedes all prior contracts and understandings between the Contractor and the
City.
19. Authorship and Enforcement.
Parties agree that the production of this document was the joint effort of both parties and that the contract should not
be construed as having been drafted by either party. In the event that either party shall seek to enforce the terms of
this contract through litigation, the prevailing party in such action shall be entitled to receive, in addition to any
other relief, its reasonable attorney's fees, expenses and costs.
20. Amendments.
This contract may not be modified, changed or altered by any oral promise or statement by whomsoever made; nor
shall any modification of it be binding upon the City until such written modification shall have been approved in
writing by an authorized officer of the City. Contractor acknowledges that the City may not be responsible for
paying for changes or modifications that were not properly authorized.
Jefferson City Project Manual CA -4 Jefferson City Memorial Airport
APRON PAVEMENT MAINTENANCE APRIL 2021
21. Waiver of Breech.
Failure to Exercise Rights and Waiver: Failure to insist upon strict compliance with any of the terms covenants or
conditions herein shall not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at
one or more times be deemed a waiver or relinquishment at any other time or times by any right under the terms,
covenants or conditions herein.
22. Assignment.
Neither party may sell or assign its rights or responsibilities under the terms of this agreement without the express
consent of the remaining party.
23. Nondiscrimination.
Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed,
color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any
employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or
awarded hereunder.
24. I11ega1 Immigration.
Prior to commencement of the work:
a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment and
participation in a federal work authorization program with respect to the employees working in
connection with the contracted services.
b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is
an unauthorized alien in connection with the contracted services Contractor agrees in the
performance.
C. If Contractor is a sole proprietorship, partnership, or limited partnership, Contractor shall provide
proof of citizenship or lawful presence of the owner prior to issuance of the Notice to Proceed.
25. OSHA Training.
Prior to the commencement of work:
a. Contractor shall provide a ten-hour Occupational Safety and Health Administration (OSHA)
construction safety program for their on-site employees which includes a course in construction safety and health
approved by OSHA or a similar program approved by the department which is at least as stringent as an approved
OSHA program.
b. All employees subject to this provision are required to complete the program within sixty days of
beginning work on such construction project.
C. Any employee, agent, or subcontractor of the Contractor subject to this provision found on the
worksite without documentation of the successful completion of the course shall be afforded twenty days to produce
such documentation after which time they shall be removed from the project.
d. If Contractor fails the provisions of subsection a, b, or c, the Contractor shall forfeit as a penalty
two thousand five hundred dollars, plus an additional one hundred dollars for each employee employed by the
Contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the
required training. The penalty shall not begin to accrue until the time period in subsections b or c, whichever is
applicable, of this section have elapsed.
e. The City shall withhold and retain from any amount due under the contract, all sums and amounts
due and owing as a result of any violation of this section when making payments to the Contractor under the
contract. The Contractor may withhold from any subcontractor, sufficient sums to cover any penalties the City has
withheld from the Contractor resulting from the subcontractor's failure to comply with the terms of this section.
26. Transient Employers.
Every transient employer, as defined in section 285.230, RSMo, enclosed in the laws section, must post in a
prominent and easily accessible place at the work site a clearly legible copy of the following: (1) The notice of
registration for employer withholding issued to such transient employer by the director of revenue; (2) Proof of
coverage for workers' compensation insurance or self-insurance signed by the transient employer and verified by the
department of revenue through the records of the division of workers' compensation; and (3) The notice of
registration for unemployment insurance issued to such transient employer by the division of employment security.
Jefferson City Project Manual CA -5 Jefferson City Memorial Airport
APRON PAVEMENT MAINTENANCE
APRIL 2021
Any transient employer failing to comply with these requirements shall, under section 285.234, RSMo, enclosed in
the laws section, be liable for a penalty of $500 per day until the notices required by this section are posted as
required by that statue.
27. Contractor's Certifications.
The CONTRACTOR understands and agrees that all certifications made by the CONTRACTOR within the Proposal
shall apply under this Agreement as if fully rewritten herein. The CONTRACTOR further certifies the following;
a. Certification of Eligibility (29 CFR Part 5.5)
i. By Entering into this contract, the CONTRACTOR certifies that neither he or she nor any
person or firm who has an interest in the CONTRACTOR'S firm is a person or firm ineligible
to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29
CFR 5.12(a)(1);
H. No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1);
W. The penalty for making false statements is prescribed in the U.S. Criminal Code 18 U.S.C.
b. Certification of Non -Segregated Facilities (41 CFR Part 60-1.8)
The federally -assisted construction CONTRACTOR certifies that it does not and will not maintain or
provide for its employees any segregated facilities at any of its establishments and that it does not and
will not permit its employees to perform their services at any location under its control where
segregated facilities are maintained. The Bidder agrees that a breach of this certification is a violation
of the Equal Opportunity Clause in this contract.
As used in this certification, the term "segregated facilities" means any waiting rooms, work areas,
restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other
storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees that are segregated by explicit directive
or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written
or oral policies or employee custom. The term does not include separate or single -user restrooms or
necessary dressing or sleeping areas provided to assure privacy between the sexes. The Bidder agrees
that (except where it has obtained identical certifications from proposed subcontractors for specific
time periods) it will obtain identical certifications from proposed subcontractors prior to the award of
subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity
Clause and that it will retain such certifications in its files.
Jefferson City Project Manual CA -6 Jefferson City Memorial Airport
APRON PAVEMENT MAINTENANCE
APRIL 2021
28. Notices.
All notices required to be in writing may be given by first class mail addressed to City of Jefferson, Department of
Public Works, 320 East McCarty, Jefferson City, Missouri, 65101, and Contractor at Parking Lot Maintenance,
LLC, 8651 HWY N Suite 176, Lake St Louis, Missouri 63367. The date of delivery of any notice shall be the
second full day after the day of its mailing.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 11 day of 2021.
CITY OF JEFFERSON CONTRACTOR
Mayor Title:
ATTEST:
ATTEST:
1NW kWA //3
.4 AMA /I Aof-1, A
City lerk Title: ImaA ac ' y -
APPROVED AS TO FORM:
City Couns
Jefferson City Project Manual CA -7 Jefferson City Memorial Airport
CCO Form: MO18 Sponsor: City of Jefferson
Approved: 05/94 (MLH) Project No.: 20-040B-1
Revised: 03/17 (MWH) Airport Name: Jefferson City Memorial
Modified:
CFDA Number: CFDA #20.106
CFDA Title: Airport Improvement Program
Federal Agency: Federal Aviation Administration, Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
AMENDMENT TO STATE BLOCK GRANT AGREEMENT
AMENDMENT #1
THIS AGREEMENT AMENDMENT is entered into by the Missouri Highways and
Transportation Commission (hereinafter, "Commission") and the City of Jefferson
(hereinafter, "Sponsor").
WITNESSETH:
WHEREAS, the parties entered into an Agreement executed by the Sponsor on
September 9, 2020, and executed by the Commission on October 15, 2020, (hereinafter,
"Original Agreement") under which the Commission granted the sum not to exceed One
Hundred Forty-Three Thousand Five Hundred Eighty-Six Dollars ($143,586) to the
Sponsor to assist with Apron Rehabilitation and Remarking; and
WHEREAS, the Commission previously approved funds for Apron Rehabilitation
and Remarking; and
WHEREAS, the level of funding originally approved is not sufficient to cover the
costs associated with Apron Rehabilitation and Remarking; and
WHEREAS, the Commission has sufficient funds to increase the grant amount for
Apron Rehabilitation and Remarking.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations in this Agreement, the parties agree as follows:
(1) ADDITIONAL GRANT: The Commission grants to the Sponsor an
additional sum not to exceed Four Hundred Fifteen Thousand Six Hundred Ninety-Eight
Dollars ($415,698) for Apron Rehabilitation and Remarking subject to the following
conditions:
(A) The amount of this grant stated above represents Three
Hundred Forty-Seven Thousand Seven Hundred Seven Dollars ($347,707) at ninety
percent (90%) of eligible project costs and Sixty-Seven Thousand Nine Hundred
Eleven Dollars ($67,911) at one hundred percent (100%) of eligible project costs.
DocuSign Envelope ID: 3F423053-0ADF-4FD6-A3C4-43B60C2143AA
2
(B) The Sponsor shall provide matching funds of not less than Thirty-
Eight Thousand Six Hundred Thirty-Four Dollars ($38,634) toward the project in addition
to those previously committed by the Sponsor in the Original Agreement. The amount of
matching funds represents ten percent (10%) local match for the funds being granted at
ninety percent (90%) of eligible project costs.
(C) The project will be carried out in accordance with the assurances
(Exhibit 1) given by the Sponsor to the Commission as specified in the Original
Agreement.
(D) This Amendment shall expire and the Commission shall not be
obligated to pay any part of the costs of the project unless this grant amendment has
been executed by the Sponsor on or before July 1, 2021, or such subsequent date as
may be prescribed in writing by the Commission.
(E) Based upon the revised project schedule, the original project time
period of December 31, 2021, will be extended to July 1, 2022, to allow for completion of
the work. Paragraph (2) of the Original Agreement is hereby amended accordingly.
(E) All other terms and conditions of the Original Agreement entered into
between the parties shall remain in full force and effect.
[Remainder of Page is Intentionally Left Blank.]
DocuSign Envelope ID: 3F423053-0ADF-4FD6-A3C4-43B60C2143AA
3
IN WITNESS WHEREOF, the parties have entered into this Agreement on the date
last written below:
Executed by the Sponsor this ___ day of ____________, 20___.
Executed by the Commission this ____ day of _______________, 20___.
MISSOURI HIGHWAYS AND CITY OF JEFFERSON
TRANSPORTATION COMMISSION
By
Title Title
By
Secretary to the Commission
Title
Approved as to Form: Approved as to Form:
Commission Counsel
Title
Ordinance No.
(if applicable)
DocuSign Envelope ID: 3F423053-0ADF-4FD6-A3C4-43B60C2143AA
City Attorney
Mayor
City Clerk
2021-06-02 | 10:20 AM CDT
Assistant Chief Engineer
2021-06-07 | 12:13 PM CDT
4
CERTIFICATE OF SPONSOR'S ATTORNEY
I, _______________________________, acting as attorney for the Sponsor do
hereby certify that in my opinion the Sponsor is empowered to enter into the foregoing
grant Agreement under the laws of the State of Missouri. Further, I have examined the
foregoing grant Agreement and the actions taken by said Sponsor and Sponsor's official
representative have been duly authorized and that the execution thereof is in all respects
due and proper and in accordance with the laws of the said state and the Airport and
Airway Improvement Act of 1982, as amended. In addition, for grants involving projects
to be carried out on property not owned by the Sponsor, there are no legal impediments
that will prevent full performance by the Sponsor. Further, it is my opinion that the said
grant constitutes a legal and binding obligation of the Sponsor in accordance with the
terms thereof.
CITY OF JEFFERSON
_____________________________________
Name of Sponsor's Attorney (typed)
_____________________________________
Signature of Sponsor's Attorney
Date ___________________________
DocuSign Envelope ID: 3F423053-0ADF-4FD6-A3C4-43B60C2143AA
Ryan Moehlman
2021-06-01 | 11:25 AM CDT
Ryan Moehlman
DocuSign Envelope ID: 3F423053-0ADF-4FD6-A3C4-43B60C2143AA
Memorandum
To: City Council
From: City Administrator
Re: Grant Acceptance Over $25,000
For: Bill Authorizing Grant Agreement
Pursuant to Section 2- 28 of the City Code, I request authority to accept the following Grant:
The name of the grantor: Federal Aviation Administration, Department of
Transportation as Administered through the Missouri
Department of Transportation
The amount of the grant: 415,698
The purpose of the grant: Construct Apron Rehabilitation and Remarking Project at
the Jefferson City Memorial Airport
Any matching requirements or future
obligations tied to acceptance of the
grant:
The first $347,707 of the grant will require a 10% match
or $38,634, the remaining $67,911 of the grant has no
matching requirement. All matching funds will come
from the airport portion of the Capital Improvement
Sales Tax.
CFDA#: 20.106
Grant Award # (if any): 20-040B-1
City Department Responsible: Public Work
Employee assigned as Grant
Administrator:
Britt E. Smith, PE
Revenue account # to be amended: 61-100-430010
Expense account # to be amended: 61-990-578081
Reviewed by Finance:
Please NOTE: Upon Approval, the City Administrator may, on behalf of the city execute any documents
necessary for accepting the grant and amend the budget to reflect the acceptance of such revenue, and amend
the budget to reflect equivalent expenses so as to accomplish the purpose of such funds.
For Finance Department Use only:
Approved on the Consent Agenda this _______ day of _______, 20_____
Revised 8/2/16 by Ordinance 15545
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Comprehensive General Liability Insurance
including coverage for Bodily Injury and
Property Damage)
500,000 per occurrence
3,000,000 aggregate
Comprehensive Automobile Liability Insurance
including coverage for Bodily Injury and
Property Damage)
500,000 per occurrence
3,000,000 aggregate
Employer’s Liability $3,000,000 bodily injury by accident (each
accident)
3,000,000 bodily injury by disease (each
employee)
3,000,000 bodily injury policy limit
b) Worker’s Compensation - In addition, the Contractor and all subcontractors shall provide Worker’s
Compensation Insurance in at least statutory amounts for all workers employed at the Project site.
c) Owner's Protective Liability Insurance - The Contractor shall also obtain at its own expense and deliver
to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson and the Engineer as the
insured, in an amount not less than the individual and combined sovereign immunity limits established by Section
537.610 R.S.Mo., except for those claims governed by the provisions of the Missouri Workmen's Compensation
Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground
structures or by reason of blasting, explosion or collapse.
d) Subcontracts - In case any or all of this work is sublet, the Contractor shall require the Subcontractor to
procure and maintain all insurance required in Subparagraphs (a) and (b) hereof and in like amounts.
e) Before commencing any work, the Contractor shall provide to the City certificates of insurance
evidencing the issuance and maintenance in force of the coverages required by this section. Each such certificate
shall show the City, and such other governmental agencies as may be required by the City to be insured by
underlying grant or contract relating to the Project, as an additional insured, and shall bear an endorsement
precluding cancellation of or change in coverage without at least thirty (30) days written notice to the City. The City
may waive any insurance coverages or amounts required by this section when the City deems such waiver to be in
the interest of the public health, safety, and general welfare.
5. Contractor's Responsibility for Subcontractors.
It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and
omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all
subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as
applicable to the work of subcontractors and to give Contractor the same power regarding termination of any
subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in
this contract shall create any contractual relations between any subcontractor and the City or between any
subcontractors.
6. Liquidated Damages.
The City may deduct (according to the below schedule) from any amount otherwise due under this contract for
every day Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will
ensure the completion by the time above specified, or any extension thereof, or fails to complete the work by such
time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor
shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable
causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents.
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BID / PHASE LIQUIDATED DAMAGES COST ALLOWED CONSTRUCTION TIME
Phase 1 $1,500 / Calendar Day 28 Calendar Days
Phase 2 $1,500 / Calendar Day 7 Calendar Days
Phase 3A $1,500 / Calendar Day 14 Calendar Days
Phase 3B $1,500 / Calendar Day 14 Calendar Days
Phase 3C $1,500 / Calendar Day 12 Calendar Days
Total Calendar Day
Contract
75 Calendar Days
7. Termination.
The City reserves the right to terminate this contract by giving at least ten (10) calendar days prior written notice to
Contractor, without prejudice to any other rights or remedies of the City should Contractor be adjudged a bankrupt,
or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed
for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply
enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment
to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of
the City or fail to observe or perform any provisions of the contract.
8. City’s Right to Proceed.
In the event this contract is terminated pursuant to Paragraph 7, then the City may take over the work and prosecute
the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any
costs over the amount of this contract thereby occasioned by the City. In any such case, the City may take
possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work
site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation
of, the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws.
9. Indemnity.
To the fullest extent permitted by law, the Contractor will indemnify and hold harmless the Engineer, Burns &
McDonnell Engineering, Inc., the City, its elected and appointed officials, employees, and agents from and against
any and all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from the
performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury,
sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including
the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of
contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any
of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity
which would otherwise exist as to any party or person described in this Paragraph.
10. Payment for Labor and Materials.
Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the
work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to ensure the payment of
all materials and labor used in the performance of this contract.
11. Supplies.
The Contractor is hereby authorized and directed to utilize the City’s sales tax exemption in the purchase of goods
and materials for the project as set out in Section 144.062 RSMo 1994 as amended. Contractor shall keep and
maintain records and invoices of all such purchases which shall be submitted to the City.
12 Payment.
The City hereby agrees to pay Contractor the work done pursuant to this contract according to the payment schedule
set forth in the Contract Documents upon acceptance of said work by the Director of Public Works, and in
accordance with the rates and/or amounts stated in the bid of Contractor dated February 22, 2021, which are by
reference made a part hereof. No partial payment to Contractor shall operate as approval or acceptance of work
done or materials furnished hereunder. The total amount of this contract shall not exceed Four Hundred Fifty-Four
Thousand One Hundred Fifteen Dollars ($454,115.00).
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13. Performance and Materialman’s Bonds Required.
Contractor shall provide a bond to the City before work is commenced, and no later than fifteen (15) calendar days
after the execution of this contract, guaranteeing the Contractor's performance of the work bid for, the payment of
amounts due to all suppliers of labor and materials, the payment of insurance premiums for workers compensation
insurance and all other insurance called for under this contract, and the payment of the prevailing wage rate to all
workmen as required by this contract, said bond to be in a form approved by the City, and to be given by such
company or companies as may be acceptable to the City in its sole and absolute discretion. The amount of the bond
shall be equal to the Contractor's bid.
14. Knowledge of Local Conditions.
Contractor hereby warrants that it has examined the location of the proposed work and the attached specifications
and has fully considered such local conditions in making its bid herein.
15. Severability.
If any section, subsection, sentence, or clause of this Contract shall be adjudged illegal, invalid, or unenforceable,
such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract
as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged.
16. Governing Law.
The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have
jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby
consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract, the City
shall be entitled to recover its attorney's fees and expenses incurred in such action.
17. Contract Documents.
The contract documents shall consist of the following:
a. This Contract g. Supplementary Provisions
b. Addenda h. Local Provisions
c. Signed Copy of Bid i. Technical Specifications
d. Notice to Bidders j. Drawings and/or Sketches
e. Instructions to Bidders k. Proposal and associated attachments
f. General Provisions l. Performance and Payment Bonds
m. Wage Rate Determinations
This contract and the other documents enumerated in this paragraph, form the Contract between the parties. These
documents are as fully a part of the contract as if attached hereto or repeated herein.
18. Complete Understanding, Merger.
Parties agree that this document including those documents described in the section entitled “Contract Documents”
represent the full and complete understanding of the parties. This contact includes only those goods and services
specifically set out. This contract supersedes all prior contracts and understandings between the Contractor and the
City.
19. Authorship and Enforcement.
Parties agree that the production of this document was the joint effort of both parties and that the contract should not
be construed as having been drafted by either party. In the event that either party shall seek to enforce the terms of
this contract through litigation, the prevailing party in such action shall be entitled to receive, in addition to any
other relief, its reasonable attorney’s fees, expenses and costs.
20. Amendments.
This contract may not be modified, changed or altered by any oral promise or statement by whomsoever made; nor
shall any modification of it be binding upon the City until such written modification shall have been approved in
writing by an authorized officer of the City. Contractor acknowledges that the City may not be responsible for
paying for changes or modifications that were not properly authorized.
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21. Waiver of Breech.
Failure to Exercise Rights and Waiver: Failure to insist upon strict compliance with any of the terms covenants or
conditions herein shall not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at
one or more times be deemed a waiver or relinquishment at any other time or times by any right under the terms,
covenants or conditions herein.
22. Assignment.
Neither party may sell or assign its rights or responsibilities under the terms of this agreement without the express
consent of the remaining party.
23. Nondiscrimination.
Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed,
color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any
employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or
awarded hereunder.
24. Illegal Immigration.
Prior to commencement of the work:
a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment and
participation in a federal work authorization program with respect to the employees working in
connection with the contracted services.
b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is
an unauthorized alien in connection with the contracted services Contractor agrees in the
performance.
c. If Contractor is a sole proprietorship, partnership, or limited partnership, Contractor shall provide
proof of citizenship or lawful presence of the owner prior to issuance of the Notice to Proceed.
25. OSHA Training.
Prior to the commencement of work:
a. Contractor shall provide a ten-hour Occupational Safety and Health Administration (OSHA)
construction safety program for their on-site employees which includes a course in construction safety and health
approved by OSHA or a similar program approved by the department which is at least as stringent as an approved
OSHA program.
b. All employees subject to this provision are required to complete the program within sixty days of
beginning work on such construction project.
c. Any employee, agent, or subcontractor of the Contractor subject to this provision found on the
worksite without documentation of the successful completion of the course shall be afforded twenty days to produce
such documentation after which time they shall be removed from the project.
d. If Contractor fails the provisions of subsection a, b, or c, the Contractor shall forfeit as a penalty
two thousand five hundred dollars, plus an additional one hundred dollars for each employee employed by the
Contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the
required training. The penalty shall not begin to accrue until the time period in subsections b or c, whichever is
applicable, of this section have elapsed.
e. The City shall withhold and retain from any amount due under the contract, all sums and amounts
due and owing as a result of any violation of this section when making payments to the Contractor under the
contract. The Contractor may withhold from any subcontractor, sufficient sums to cover any penalties the City has
withheld from the Contractor resulting from the subcontractor’s failure to comply with the terms of this section.
26. Transient Employers.
Every transient employer, as defined in section 285.230, RSMo, enclosed in the laws section, must post in a
prominent and easily accessible place at the work site a clearly legible copy of the following: (1) The notice of
registration for employer withholding issued to such transient employer by the director of revenue; (2) Proof of
coverage for workers’ compensation insurance or self-insurance signed by the transient employer and verified by the
department of revenue through the records of the division of workers’ compensation; and (3) The notice of
registration for unemployment insurance issued to such transient employer by the division of employment security.
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Any transient employer failing to comply with these requirements shall, under section 285.234, RSMo, enclosed in
the laws section, be liable for a penalty of $500 per day until the notices required by this section are posted as
required by that statue.
27. Contractor’s Certifications.
The CONTRACTOR understands and agrees that all certifications made by the CONTRACTOR within the Proposal
shall apply under this Agreement as if fully rewritten herein. The CONTRACTOR further certifies the following;
a. Certification of Eligibility (29 CFR Part 5.5)
i. By Entering into this contract, the CONTRACTOR certifies that neither he or she nor any
person or firm who has an interest in the CONTRACTOR’S firm is a person or firm ineligible
to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29
CFR 5.12(a)(1);
ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1);
iii. The penalty for making false statements is prescribed in the U.S. Criminal Code 18 U.S.C.
b. Certification of Non-Segregated Facilities (41 CFR Part 60-1.8)
The federally-assisted construction CONTRACTOR certifies that it does not and will not maintain or
provide for its employees any segregated facilities at any of its establishments and that it does not and
will not permit its employees to perform their services at any location under its control where
segregated facilities are maintained. The Bidder agrees that a breach of this certification is a violation
of the Equal Opportunity Clause in this contract.
As used in this certification, the term "segregated facilities" means any waiting rooms, work areas,
restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other
storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees that are segregated by explicit directive
or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written
or oral policies or employee custom. The term does not include separate or single-user restrooms or
necessary dressing or sleeping areas provided to assure privacy between the sexes. The Bidder agrees
that (except where it has obtained identical certifications from proposed subcontractors for specific
time periods) it will obtain identical certifications from proposed subcontractors prior to the award of
subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity
Clause and that it will retain such certifications in its files.
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2
B) The Sponsor shall provide matching funds of not less than Thirty-
Eight Thousand Six Hundred Thirty-Four Dollars ($38,634) toward the project in addition
to those previously committed by the Sponsor in the Original Agreement. The amount of
matching funds represents ten percent (10%) local match for the funds being granted at
ninety percent (90%) of eligible project costs.
C) The project will be carried out in accordance with the assurances
Exhibit 1) given by the Sponsor to the Commission as specified in the Original
Agreement.
D) This Amendment shall expire and the Commission shall not be
obligated to pay any part of the costs of the project unless this grant amendment has
been executed by the Sponsor on or before June 1, 2021, or such subsequent date as
may be prescribed in writing by the Commission.
E) Based upon the revised project schedule, the original project time
period of December 31, 2021, will be extended to July 1, 2022, to allow for completion of
the work. Paragraph (2) of the Original Agreement is hereby amended accordingly.
E) All other terms and conditions of the Original Agreement entered into
between the parties shall remain in full force and effect.
Remainder of Page is Intentionally Left Blank.]
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CERTIFICATE OF SPONSOR'S ATTORNEY
I , /?t cw.. ~ , acting as attorney for the Sponsor do
hereby certify that in my opinion the Sponsor is empowered to enter into the foregoing
grant Agreement under the laws of the State of Missouri. Further, I have e xamined the
foregoing grant Agreement and the actions taken by said Sponsor and Sponsor's offi cial
representative have been duly authorized and that the execution thereof is in all respects
due and proper and in accordance with the laws of the said state and the Airport and
Airway Improvement Act of 1982, as amended. In addition , for grants in v olving projects
to be carried out on property not owned by the Sponsor, there are no legal impediments
that will prevent full performance by the Sponsor. Further, it is my opinion that the said
grant constitutes a legal and binding obligation of the Sponsor in accordance with the
terms thereof.
CITY OF JEFFERSON
Ryan Moehlman
Date t.f-2{-2 l ------------------------
4
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Certificate Of Completion
Envelope Id: 3F4230530ADF4FD6A3C443B60C2143AA Status: Completed
Subject: Please DocuSign: 2021-04-62364.pdf
Source Envelope:
Document Pages: 17 Signatures: 7 Envelope Originator:
Certificate Pages: 6 Initials: 0 Amy M. Ludwig
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Time Zone: (UTC-06:00) Central Time (US & Canada)
1860 Michael Faraday Drive
Suite 100
Reston, VA 20190
Amy.Ludwig@modot.mo.gov
IP Address: 168.166.80.221
Record Tracking
Status: Original
6/1/2021 11:00:41 AM
Holder: Amy M. Ludwig
Amy.Ludwig@modot.mo.gov
Location: DocuSign
Signer Events Signature Timestamp
Ryan Moehlman
rmoehlman@jeffcitymo.org
City Attorney
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Sent: 6/1/2021 11:05:33 AM
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Accepted: 6/1/2021 11:24:34 AM
ID: 4101de46-d686-4a96-947a-ed8fb121a14d
Carrie Tergin
ctergin@jeffcitymo.org
Mayor
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ID: 2dfbc983-5023-4c96-b424-e3a09fb90afb
Emily Donaldson
edonaldson@jeffcitymo.org
City Clerk
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ID: 6cb825e7-28cb-4228-91c9-1b1f85b9afbe
Megan L. Waters-Hamblin
Megan.Waters-Hamblin@modot.mo.gov
Senior Administrative Counsel
Missouri Department of Transportation
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Signer Events Signature Timestamp
Eric E. Schroeter
Eric.Schroeter@modot.mo.gov
Assistant Chief Engineer
Missouri Department of Transportation
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Pamela Harlan
pamela.harlan@modot.mo.gov
Secretary to the Commission
Missouri Department of Transportation
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Dana L. Kaiser
Dana.Kaiser@modot.mo.gov
Senior Executive Assistant
Missouri Department of Transportation
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Jennifer Jorgensen
jennifer.jorgensen@modot.mo.gov
Asst Secretary to the Commission
MoDOT
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Jennifer Schulte
jennifer.schulte@modot.mo.gov
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Britt Smith
bsmith@jeffcitymo.org
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Amy M. Ludwig
amy.ludwig@modot.mo.gov
Administrator of Aviation
Missouri Department of Transportation
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Electronic Record and Signature Disclosure
Missouri Highways and Transportation Commission
DocuSign, Inc. Express Electronic Signature Agreement
The Missouri Highways and Transportation Commission (hereinafter, Commission), acting by
and through the Missouri Department of Transportation (MoDOT) is willing to provide to the
Authorized Representative of the Contractor/Vendor/Consultant (Entity) who is duly authorized
to act on behalf of said Entity (hereinafter you or I) and accept from you your electronically
affixed authorized signature and seal, as required to validate a binding agreement between the
Commission and the Entity, on all Commission/MoDOT documents, including but not limited to
disclosures, agreements, contracts, notices, purchase orders, change orders, modifications,
amendments, supplements, correspondence, and the like, (hereinafter, Commission Documents)
that are processed, generated, and exchanged by and between the Commission and you, acting on
behalf of the Entity, electronically through the utilization of the DocuSign, Inc. Express
(DocuSign) eSignature Application. In consideration of mutual covenants, you agree as follows:
1) You are the person duly authorized and designated by the Entity to receive, access and agree
to the terms of this agreement on behalf of the Entity by clicking the Agree button below.
2) You have the authority to specifically consent and agree that the Commission, in its
discretion, provide all disclosures, agreements, contracts, notices, purchase orders, change
orders, modifications, amendments, supplements, correspondence, and all other evidence of the
transaction between the Commission and the Entity electronically (hereinafter all such
documentation is referred to as electronic record(s)).
3) The email address, User ID and password authorized to access the electronic agreement via
DocuSign are your own and are not shared with any other person.
4) All of the required notices and disclosures will be sent to the email address authorized through
DocuSign.
5) You are duly authorized to receive electronically through DocuSign, access and act upon all
electronic records, to provide all required information and electronically affix your signature and
seal, as applicable, on behalf of the Entity named in such Commission Documents via
DocuSign,.
6) The system through which you are accessing DocuSign and its eSignature Application meets
the minimum requirements to access DocuSign, view, receive, retrieve, download, print, store,
send and transmit all electronic records and any and all other communications sent to you from
the Commission through the DocuSign web site.
7) All communications in electronic format from the Commission to you through DocuSign are
considered in-writing. You have the ability to download and print any documents processed
through DocuSign for 30 calendar days after such documents are first sent, as long as you are an
authorized user of the DocuSign system. After such time, you may request copies by contacting
the Commission through the Secretary to the Commission at mhtc@modot.mo.gov or by
telephone at 573-751-2824. You shall print or download for your records a copy of any
communication that is important to you to retain.
8) You have implemented appropriate security measures to ensure that only you have access
through DocuSign to receive, access and electronically affix signatures to electronic records, as
applicable, Commission/MoDOT sends to you through DocuSign. It is your sole responsibility to
ensure your adequate protection, confidentiality and secrecy of the DocuSign Authentication
Code, and any other user ID and/or Password combinations that may be required for you to
access the DocuSign eSignature services and any disclosure thereof to any other person or
Electronic Record and Signature Disclosure created on: 10/5/2016 3:40:17 PM
Parties agreed to: Ryan Moehlman, Carrie Tergin, Emily Donaldson
communication thereof through unsecure medium, such as traditional electronic mail, shall be
entirely at your risk. You shall be liable for any unauthorized usage of your ID/Password
combination and the DocuSign Authentication Code.
9) You agree and authorize the Commission to respond to and act upon any and all transactions
initiated and transmitted by you electronically through DocuSign. Any transaction initiated and
transmitted by you to the Commission through DocuSign and its eSignature application shall be
deemed to have been authorized by you, and the Commission is entitled to assume that the said
transactions are so authorized by you and the Commission shall be protected upon acting
thereon.
10) You shall be fully liable to the Commission for every transaction entered into using a valid
DocuSign Authentication Code sent to you through certified mail, telephone call or Short
Message Service (SMS) text, with or without your knowledge. In no event will the Commission
be liable to you for any special, direct, indirect, consequential or incidental loss or damages even
if you have advised the Commission/MoDOT of such possibility. The Commission shall not be
liable for any misuse, if any, of any data placed on the internet by third parties hacking or
accessing the application and hosting server without authorization.
11) The Entity shall take responsibility for all the transactions with the Commission conducted
electronically through DocuSign and will abide by the record of the transactions generated by
DocuSign or by the Commission/MoDOT through DocuSign. Further such record of transactions
shall be conclusive proof and binding for all purposes and may be used as conclusive evidence in
any proceedings. All records of the Commission and DocuSign, whether in electronic form,
magnetic medium, documents or any other form, with respect to electronic transactions sent or
received through use of DocuSign shall be conclusive evidence of such transactions and shall be
binding on the Entity.
12) The Commission/MoDOT shall not be liable for any loss or damage whatsoever caused,
arising directly or indirectly, in connection with the services and /or this Agreement, including
without limitation any: (A) Loss of data; and (B) Interruption or stoppages to your access to
DocuSign and its eSignature application and/or processing of electronic transactions due to any
operational or technical difficulties/reason beyond our control for any other reason. The
Commission, along with its members, employees, agents, executors, successors and assigns shall
not be liable for any damages or claims or injuries arising out of or in connection with the use of
DocuSign and its eSignature application or its non-use including non-availability or failure of
performance, loss or corruption of data, loss of or damage to property (including profit and
goodwill), work stoppage, computer failure or malfunctioning or interruption of business, error,
omission, deletion, defect, delay in operation or transmission, communication line failure or for
any failure to act upon electronic transaction for any cause.
13) You shall keep confidential all information, in whatever form, produced, prepared, observed
or received by you to the extent that such information is confidential by law or otherwise
required by the Commission.
14) This Agreement and the rights and obligations of the parties hereto shall be governed by, and
construed according to, the laws of the State of Missouri. It is agreed by the parties that any
action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement,
or regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County,
Missouri.
15) The terms of this agreement and any amendments thereafter shall remain in full force and
effect for as long as DocuSign is active, or by thirty (30) days written notification by either party
of their intent to cancel this agreement.
By checking the I Agree button, I confirm that:
1. I am the person named in the documents to which I will electronically affix my signature; that
I am authorized to sign such documents on behalf of the Entity named in the documents; that I
will read and know the contents of such electronically signed documents including all exhibits
attached thereto, and that the statements made therein are true, and that I will not omit any
information needed to make such documents true; and that I will take appropriate security
measures to insure that I have sole access to the documents sent to me by the Commission and
MoDOT through the email address provided on DocuSign.
2. I and the Entity shall indemnify and save harmless the Commission, its members, employees,
officers, successors, assigns, agents and representatives against any and all claims, losses,
damages, costs, liabilities and expense actually incurred, suffered or paid by the Commission, its
members, employees, officers, successors, assigns, agents and representatives, directly or
indirectly, and also against all demands, actions, suits, proceedings made, filed, instituted against
the Commission, its members, employees, officers, successors, agents and representatives in
connection with, or arising out of, or relating to the Commission accepting and acting or not
accepting and not acting for any reason whatsoever pursuant to, in accordance with or relying
upon, data received, through DocuSign and its eSignature application you or any unauthorized
use of your ID/Password combination, the DocuSign Authentication Code, or the DocuSign
eSignature application.
3. I agree to the DocuSign, Inc. Express (DocuSign) Electronic Signature Agreement terms and
conditions outlined above.