HomeMy Public PortalAboutORD16290BILL NO. 2022-073
SPONSORED BY Councilmember� Fitzwater
ORDINANCE NO. /iZ'O
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A MUNICIPAL AGREEMENT WITH THE
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized to execute a Municipal
Agreement with the Missouri Highways and Transportation Commission.
Section 2. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed`l V 1/ hAC ;II X'0) --
Presiding Officer
ATTEST:
Mayor Carrie Tergin
Approved: 9qente44 227 222
(owdr4,‘.._
APPROVED AS TO FORM:
CCO Form: DE11 Municipal Agreement
Approved: 04/93 (CEH) Route: BUSINESS 50
Revised: 12/21 (BDG) County: COLE
Modified: Job No.: J5P3490
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
MUNICIPAL AGREEMENT
THIS AGREEMENT is entered into by the Missouri Highways and Transportation
Commission (hereinafter, "Commission") and the City of Jefferson, Missouri, a municipal
corporation (hereinafter, "City").
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein, the parties agree as follows:
(1) IMPROVEMENT DESIGNATION: The public improvement designated as
Route BUS 50, Cole County, Job No. J5P3490 shall consist of ADA Improvements.
(2) IMPROVEMENT WITHIN CITY: The improvement within the City is located
as follows:
Beginning at Station 6015+00, a point 1944.4’, N 34 degrees 25 minutes 40 seconds E
of SE Corner of Section 3, Township 44 North, Range 12 West, run in a generally easterly
direction along existing Business 50. Length of ADA improvements at various locations
within city is 2.57 miles. ADA improvements to occur on City street right of way at
Heisinger Street, Kansas Street and Delaware Street.
(3) EXTENT OF AGREEMENT: This Agreement shall apply only to the portion
of the improvement lying within the city limits as they exist on the date this Agreement is
executed by the City.
(4) LOCATION: The general location of the public improvement is shown on
an attached sketch marked "Exhibit A" and made a part of this Agreement. The detailed
location of the improvement is shown on the plans prepared by the Commission for the
above-designated route and project.
(5) PURPOSE: It is the intent of this Agreement to outline the parties’
responsibilities with respect to the construction and maintenance of those improvements
to the State Highway System located within the City limits described in paragraphs (1)
and (2) above and designated as Commission Job No.J5P3490.
(6) RIGHT-OF-WAY USE: The City grants the right to use the right-of-way of
public roads, streets, alleys and any other property owned by the City as necessar y for
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construction and maintenance of said public improvement.
(7) CLOSE AND VACATE: The City shall temporarily close and vacate all
streets or roads, or parts thereof, which may be necessary to permit the construction of
the project in accordance with the detailed plans.
(8) RIGHT-OF-WAY ACQUISITION:
(A) Upon approval of all agreements, plans and specifications by the
Commission and the Federal Highway Administration (FHWA), the Commission will file
copies of the plans with the city clerk of the City and the county clerk of the county and
proceed to acquire at its expense, at no cost or expense to the City, any necessary right-
of-way required for the construction of the improvement.
(B) The portion of state highway covered by this Agreement shall be
normal access highway and rights of access between the highway and abutting property
shall be procured and the cost classified as right-of-way cost and paid for by the
Commission in the same manner as other right-of-way costs. Only such rights of ingress
and egress shall be allowed as indicated on the plans approved by the Commission and
FHWA.
(9) UTILITY RELOCATION:
(A) The Commission and the City shall cooperate to secure the
temporary or permanent removal, relocation, or adjustment of public utilities or private
lines, poles, wires, conduits, and pipes located on the right -of-way of existing public ways
as necessary for construction of the improvement and the cost shall be borne by such
public utilities or the owners of the facilities except where the City is by existing franchise
or agreement obligated to pay all or a portion of such cost, in which case the City will pay
its obligated portion of the cost.
(B) The Commission shall secure the removal, relocation, or adjustment
of any public or private utilities located upon private easements and shall pay any costs
incurred therein.
(C) It is understood and agreed by the parties to this Agreement that no
city-owned utility facilities will require relocation or adjustment in connection with this
improvement, but that should utility facilities be discovered at any time during
development or construction of this improvement, relocation or adjustment of the same
will be done and performed under a supplemental agreement covering the subject, and
in accordance with Commission policy then in effect on division of costs for adjustment of
utility facilities.
(D) In cases of public utilities owned by the City which must be moved,
adjusted, or altered to accommodate construction of this improve ment, and such city-
owned utilities, poles, wires, conduits, and pipes are located within the present city limits
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and located on an existing city street, not state highway right-of-way, but being taken over
by the Commission as a part of its highway right -of-way, the City will perform the
necessary removal, adjustment, alterations and relocation, and the Commission will
reimburse the City except as otherwise provided. The City shall perform the removal,
adjustment, alterations and relocation in accordance with the detail plans, estimates of
costs and bills of materials prepared by the City in accordance with Federal Aid Policy
Guide, Title 23 CFR Subchapter G, Part 645, Subpart A (FAPG 23 CFR 645A), dated
December 9, 1991 and any revision of it, and approved by the Commission's District
Engineer, and shall perform all work and keep the records of the costs in accordance with
FAPG 23 CFR 645A and its revisions. Upon the completion of any such work and on
receipt by the Commission of the original and four cop ies of a bill for the actual costs
incurred by the City in making any such removal, adjustment, alteration and relocation,
the Commission shall reimburse the City for the actual cost necessitated by construction
of this public improvement. The Commission's obligation toward the cost of any such
removal, adjustment, alteration and relocation shall extend only to those costs incurred in
accordance with FAPG 23 CFR 645A and its revisions.
(E) Should it be necessary to alter, relocate or adjust any city-owned
utility facilities outside the present city limits on public right -of-way or on state highway
right-of-way within or outside the city limits or within the right-of-way of a public way other
than a city street or alley, the alteration, relocation, or a djustment shall be made by the
City at its cost.
(F) The City agrees that any installation, removal, relocation,
maintenance, or repair of public or private utilities involving work within highway right -of-
way included in this project shall be done only in accordance with the general rules and
regulations of the Commission and after a permit for the particular work has been obtained
from the Commission's District Engineer or his authorized representative. Similarly, the
City will allow no work on the highway right-of-way involving excavation or alteration in
any manner of the highway as constructed, including but not limited to driveway
connections, except in accordance with the rules and regulations of the Commission and
only after a permit for the specific work has been obtained from the Commission's District
Engineer or his authorized representative. The City shall take whatever actions that are
necessary to assure compliance with this Subsection.
(10) LIGHTING: The installation, operation, and maintenance by the
Commission of any lighting system on the public improvement covered by this Agreement
shall be only in accordance with the Commission's policy on highway lighting in effect at
the time of any such installation and only to the extent the Commission then deems
warranted. No street lighting system shall be installed or maintained by or for the City on
the improvement without approval of the Commission.
(11) TRAFFIC CONTROL DEVICES: The installation, operation and
maintenance of all traffic signals, pavement markings, signs, and devices on the
improvement, including those between the highway and intersecting streets shall be
under the exclusive jurisdiction and at the cost of the Commission. The City shall not
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install, operate, or maintain any traffic signals, signs or other traffic control devices on the
highway or on streets and highways at any point where they intersect this highway without
approval of the Commission.
(12) DRAINAGE: The Commission will construct drainage facilities along the
improvement and may use any existing storm and surface water drainage facilities now
in existence in the area. The City shall be responsible for receiving and disposing of
storm and surface water discharged from those drainage facilities which the Commission
constructs within the limits of highway right-of-way to the extent of the City's authority and
control of the storm sewer facilities or natural drainage involved.
(13) PERMITS: The Commission shall secure any necessary approvals or
permits from the Surface Transportation Board, the Public Se rvice Commission of
Missouri, or any other state or federal regulating authority required to permit the
construction and maintenance of the highway.
(14) COMMENCEMENT OF WORK: After acquisition of the necessary right-of-
way, the Commission shall construct the highway in accordance with final detailed plans
approved by the Federal Highway Administration (or as they may be changed from time
to time by the Commission with the approval of the FHWA) at such time as federal and
state funds are allocated to the public improvement in an amount sufficient to pay for the
federal and state government's proportionate share of construction and right-of-way
costs. The obligation of the Commission toward the actual construction of the public
improvement shall be dependent upon the completion of plans in time to obligate federal
funds for such construction, upon approval of the plans by the FHWA, upon the award by
the Commission of the contract for the construction, and upon the approval of the award
by the FHWA.
(15) MAINTENANCE:
(A) Except as provided in this Agreement, upon completion of the public
improvement, the Commission will maintain all portions of the improvement within the
Commission owned right-of-way. Maintenance by the Commission shall not in any case
include maintenance or repair of sidewalks whether new or used in place, water supply
lines, sanitary or storm sewers (except those storm sewers constructed by the
Commission to drain the highway), city-owned utilities within the right-of-way or the
removal of snow other than the machine or chemical removal from the traveled portion of
the highway.
(B) When it is necessary to revise or adjust city streets, the right-of-way
acquired for these adjustments and connections will be deeded to the City.
(C) The City shall inspect and maintain the sidewalks on City right of way
constructed by this project in a condition reasonably safe to the public and, to the extent
allowed by law, shall indemnify and hold the Commission harmless from any claims
arising from the construction and maintenance of said sidewalks.
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(16) ACCEPTED WITHIN HIGHWAY SYSTEM: Effective upon execution of this
Agreement, the Commission temporarily accepts the portion of the City street system
described in this Agreement as part of the State Highway System for the purposes of this
project. However, during the construction period contemplated in this Agreement:
(A) The Commission will assume no police or traffic control functions not
obligatory upon Commission immediately prior to the execution of this Agreement, and
(B) The City shall perform or cause to be performed normal maintenance
on the project site.
(17) CITY TO MAINTAIN: Upon completion of construction of this improvement,
the City shall accept control and maintenance of the improved City street that was
temporarily accepted as part of the State Highway System for the purposes of this project
pursuant to paragraph (16) above and shall thereafter keep, control, and maintain the
same as, and for all purposes, a part of the City street system at its own cost and expense
and at no cost and expense whatsoever to the Commission. All obligations of the
Commission with respect to the City street system under this Agreement shall cease upon
completion of the improvement.
(18) POLICE POWERS: It is the intent of the parties to this Agreement that the
City shall retain its police powers with respect to the regulation of traffic upon the
improvement contemplated. However, the City will enact, keep in force, and enforce only
such ordinances relating to traffic movement and parking restrictions as may be approved
by the Commission and as are not in conflict with any regulations for federal aid. The
Commission shall not arbitrarily withhold approval of reasonable traffic regulations, signs,
and markings which will permit the movement of traffic in accordance with accepted traffic
regulation practices.
(19) RESTRICTION OF PARKING: Since the improvement is being designed
and constructed to accommodate a maximum amount of traffic with a minimum amount
of right-of-way, the City shall take whatever actions that are necessary to prevent parking
upon the highway or any part of the area of the highway right -of-way within the limits of
the improvement.
(20) OUTDOOR ADVERTISING: No billboards or other advertising signs or
devices or vending or sale of merchandise will be permitted within the right -of-way limits
of the project and the City shall take whatever actions that are necessary to enforce this
Section.
(21) WITHHOLDING OF FUNDS: In the event that the City fails, neglects, or
refuses to enact, keep in force or enforce ordinances specified or enacts ordinances
contrary to the provisions in this Agreement, or in any other manner fails, neglects or
refuses to perform any of the obligations assumed by it under this Agreement, the
Commission may, after serving written request upon the City for compliance and the City's
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failure to comply, withhold the expenditure of further funds for maintenance, improvement,
construction, or reconstruction of the state highway system in the City.
(22) FEDERAL HIGHWAY ADMINISTRATION: This Agreement is entered into
subject to approval by the Federal Highway Administration and is further subject to the
availability of federal and state funds for this construction.
(23) INDEMNIFICATION:
(A) To the extent allowed or imposed by law, the City shall defend,
indemnify and hold harmless the Commission, including its members and department
employees, from any claim or liability whether based on a claim for damages to real or
personal property or to a person for any matter relating to or arising out of the City's
wrongful or negligent performance of its obligations under this Agreement.
(B) The City will require any contractor procured by the City to work
under this Agreement:
(1) To obtain a no cost permit from the Commission’s District
Engineer prior to working on the Commission’s right-of-way, which shall be signed by an
authorized contractor representative (a permit from the Commission’s District Engineer
will not be required for work outside of the Commission’s right-of-way); and
(2) To carry commercial general liability insurance and
commercial automobile liability insurance from a company authorized to issue insurance
in Missouri, and to name the Commission, and the Missouri Department of Transportation
and its employees, as additional named insureds in amounts sufficient to cover the
sovereign immunity limits for Missouri public entities ($500,000 per claimant and
$3,500,000 per occurrence) as calculated by the Missouri Department of Insurance,
Financial Institutions and Professional Registration, and published annually in the
Missouri Register pursuant to Section 537.610, RSMo.
(C) In no event shall the language of this Agreement constitute or be
construed as a waiver or limitation for either party’s rights or defenses with regard to each
party’s applicable sovereign, governmental, or official immunities and protections as
provided by federal and state constitution or law.
(24) AMENDMENTS: Any change in this Agreement, whether by modification
or supplementation, must be accomplished by a formal contract amendment approved
and signed by representatives of the City and Commission, respectively, each of whom
being duly authorized to execute the contract amendment on behalf of the City and
Commission, respectively.
(25) COMMISSION REPRESENTATIVE: The Commission's Central District
Engineer is designated as the Commission's representative for the purpose of
administering the provisions of this Agreement. The Commission's representative may
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designate by written notice other persons having the authority to act on behalf of the
Commission in furtherance of the performance of this Agreement.
(26) CITY REPRESENTATIVE: The City's Mayor is designated as the City's
representative for the purpose of administering the provisions of this Agreement. The
City's representative may designate by written notice other persons having the authority
to act on behalf of the City in furtherance of the performance of this Agreement.
(27) NOTICES: Any notice or other communication required or permitted to be
given hereunder shall be in writing and shall be deemed given three (3) days after delivery
by United States mail, regular mail postage prepaid, or upon receipt by personal or
facsimile delivery, addressed as follows:
(A) To the City:
City of Jefferson
Attn: Carrie Tergin, Mayor
320 E. McCarty Street
Jefferson City, MO 65101
Phone: (573) 634-6303
(B) To the Commission:
MoDOT Central District
Attn: Machelle Watkins, District Engineer
1511 Missouri Bovd.
P.O. Box 718
Jefferson City, MO 65102
Facsimile No: (573) 751-8267
or to such other place as the parties may designate in accordance with this Agreement.
To be valid, facsimile delivery shall be followed by delivery of the original document, or a
clear and legible copy thereof, within three (3) business days of the date of facsimile
transmission of that document.
(28) ASSIGNMENT: The City shall not assign, transfer or delegate any interest
in this Agreement without the prior written consent of the Commission.
(29) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed
according to the laws of the State of Missouri. The City shall comply with all local, state
and federal laws and regulations relating to the performance of the contract.
(30) VENUE: 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.
(31) SOLE BENEFICIARY: This Agreement is made for the sole benefit of the
parties hereto and nothing in this Agreement shall be construed to give any rights or
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benefits to anyone other than the Commission and the City.
(32) AUTHORITY TO EXECUTE: The signers of this Agreement warrant that
they are acting officially and properly on behalf of their respective institutions and h ave
been duly authorized, directed and empowered to execute this Agreement.
(33) SECTION HEADINGS: All section headings contained in this Agreement
are for the convenience of reference only and are not intended to define or limit the scope
of any provision of this Agreement.
[remainder of page intentionally left blank]
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IN WITNESS WHEREOF, the parties have entered into this Agreement on the
date last written below.
Executed by the City on __________________________________(Date).
Executed by the Commission on_________________________________(Date).
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION CITY OF JEFFERSON
By: ___________________________ By: __________________________
Title: Assistant Chief Engineer_____ Title: _________________________
ATTEST: ATTEST:
______________________________ By: __________________________
Secretary to the Commission
Title: _________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
______________________________ By: __________________________
Commission Counsel
Title: _________________________
Ordinance Number_16290_________
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City Attorney
Mayor
2022-11-30 | 3:28 PM CST
City Clerk
2022-12-01 | 12:00 PM CST
SIGN
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PP 6065 6070 85P:\Transportation\4972-J5P3490 Various Various Ped Improvements\CADD\Sheets\ROW SHEETS\RW_06-12_J5P3490_I20.dgn 2:29:44 PM 9/15/2022 REV.COUNTY
JOB NO.
CONTRACT ID.
ROUTE STATE
DISTRICT
DATEDESCRIPTIONMO
DATE PREPARED
BRIDGE NO.
PROJECT NO.
SHEET NO.1-888-ASK-MODOT (1-888-275-6636)JEFFERSON CITY, MO 65102105 WEST CAPITOLCOMMISSIONMISSOURI HIGHWAYS AND TRANSPORTATIONCD
J5P3490
9/15/2022
DOCUMENT."
A CERTIFIED
NOT BE CONSIDERED
"THIS MEDIA SHOULD
(314) 863-5570St. Louis, MO 631105220 Oakland Ave.Missouri State Certificate of Authority #2002006804WBE | DBECIVIL DESIGN,INC.VARIOUS
VARIOUS
LP
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LP
LPLP
LP LP
LANDING
TRANSITION
RAMP
SIDEWALK SECTIONS
R
T
L
SCALE
6040200
MATCH LINE STA. 6065+00MATCH LINE STA. 6070+0027
(UIP)
(UIP)
(DND)
(ATG)
(DND)
R
RT
(DND)
(DND)
(DND)
(DND)
(DND)
TRUNCATED DOMES
SIDEWALK
CURB RAMP
SHEET 12 OF 29
JEFFERSON CITY
RIGHT OF WAY SHEET
EXIST. R/W
EXIST. R/W
EXIST. R/W EXIST. R/W
N80°27'23"W
130.63'
S84°51'06"E
4382.30'
S84°51'06"E
4382.30'
N75°30'06"W
61.48'
S.L.
S.L.
S.L.
S11 T44N R12W
SW‚ NE‚
(UIP)
CUT
SAW
CUT
SAW
CUT
SAW
CUT
SAW
S11 T44N R12W
SE‚ NE‚‚ SECTION LINEAPPROX.23' WIDESTA. 6067+38.20PCC PAVEMENTHEISINGER RD(DND)STA. 6069+92.728" PAVED APPROACHDAIRY QUEEN SIGN (UIP)24' WIDESTA. 6065+66.79EAST ENTRANCESLIM CHICKENS 20' WIDESTA. 6067+57.59HEISINGER RD22' WIDESTA. 6066+80.91N84°51'06"W
643.89'
(DND)
(DND)
EXISTING Ë BUS. 50/MISSOURI BLVD.
CONSTRUCTION Ë BUS. 50/MISSOURI BLVD.CITY R/WEXIST. JEFFERSONCITY R/WEXIST. JEFFERSONSHEET 1 OF 3
EXHIBIT A
TEMPORARY
CONSTRUCTION
AREA
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P&T
SIGN
SIGN
SIGN
SIGN 6120 6125P:\Transportation\4972-J5P3490 Various Various Ped Improvements\CADD\Sheets\ROW SHEETS\RW_06-21_J5P3490_I20.dgn 2:29:52 PM 9/15/2022 REV.COUNTY
JOB NO.
CONTRACT ID.
ROUTE STATE
DISTRICT
DATEDESCRIPTIONMO
DATE PREPARED
BRIDGE NO.
PROJECT NO.
SHEET NO.1-888-ASK-MODOT (1-888-275-6636)JEFFERSON CITY, MO 65102105 WEST CAPITOLCOMMISSIONMISSOURI HIGHWAYS AND TRANSPORTATIONCD
J5P3490
9/15/2022
DOCUMENT."
A CERTIFIED
NOT BE CONSIDERED
"THIS MEDIA SHOULD
(314) 863-5570St. Louis, MO 631105220 Oakland Ave.Missouri State Certificate of Authority #2002006804WBE | DBECIVIL DESIGN,INC.VARIOUS
VARIOUS
LP
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LANDING
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SCALE
6040200
Ë BUS. 50/MISSOURI BLVD
36
(UIP)
SIGNS
(DND)
(DND)
(DND)
(DND)(DND)
(UIP)
SIGNS
INSTALL APS PUSH BUTTONS
REMOVE EXIST. PUSH BUTTONS
TRUNCATED DOMES
SIDEWALK
CURB RAMP
SHEET 21 OF 29
JEFFERSON CITY
RIGHT OF WAY SHEET ENTRANCEMCBRIDES RIDESEXIST. R/W 6120 6125EXIST. R/W
S12 T44N R12W
SW‚ NE‚32' WIDESTA. 6120+80.68KANSAS ST.32' WIDESTA. 6120+80.68KANSAS ST.24' WIDESTA. 6124+07.82GEORGIA ST.32' WIDESTA. 6124+07.82LOUISIANA STJEFFERSON R/WEXIST. CITY OF JEFFERSON R/WEXIST. CITY OF JEFFERSON R/WEXIST. CITY OF JEFFERSON R/WEXIST. CITY OF SHEET 2 OF 3
EXHIBIT A
DocuSign Envelope ID: D208C4BF-5224-4E18-A403-A58223A38D46
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G
A
S
DI 6130 6135P:\Transportation\4972-J5P3490 Various Various Ped Improvements\CADD\Sheets\ROW SHEETS\RW_06-22_J5P3490_I20.dgn 2:29:53 PM 9/15/2022 REV.COUNTY
JOB NO.
CONTRACT ID.
ROUTE STATE
DISTRICT
DATEDESCRIPTIONMO
DATE PREPARED
BRIDGE NO.
PROJECT NO.
SHEET NO.1-888-ASK-MODOT (1-888-275-6636)JEFFERSON CITY, MO 65102105 WEST CAPITOLCOMMISSIONMISSOURI HIGHWAYS AND TRANSPORTATIONCD
J5P3490
9/15/2022
DOCUMENT."
A CERTIFIED
NOT BE CONSIDERED
"THIS MEDIA SHOULD
(314) 863-5570St. Louis, MO 631105220 Oakland Ave.Missouri State Certificate of Authority #2002006804WBE | DBECIVIL DESIGN,INC.VARIOUS
VARIOUS
LP
LP
LANDING
TRANSITION
RAMP
SIDEWALK SECTIONS
R
T
L
SCALE
6040200
MATCH LINE STA. 6135+00Ë BUS. 50/MISSOURI BLVD
37
(DND)
(DND)
(DND)
(DND)
(DND)
INSTALL APS PUSH BUTTONS
REMOVE EXIST. PUSH BUTTONS
TRUNCATED DOMES
SIDEWALK
CURB RAMP
SHEET 22 OF 29
JEFFERSON CITY
RIGHT OF WAY SHEET
EXIST. R/W
EXIST. R/W 613062' WIDESTA. 6133+84.13SB RAMP US 5462' WIDESTA. 6133+84.13SB RAMP US 5420' WIDESTA. 6130+95.46OHIO ST30' WIDESTA. 6130+95.46OHIO STS12 T44N R12W
SE‚ NE‚
S12 T44N R12W
SE‚ NE‚
EXIST. R/WJEFFERSON R/WEXIST. CITY OFJEFFERSON R/WEXIST. CITY OFE
XIST.
R/WEXIST. R/WDELAWARE ST.SHEET 3 OF 3
EXHIBIT A
DocuSign Envelope ID: D208C4BF-5224-4E18-A403-A58223A38D46
Certificate Of Completion
Envelope Id: D208C4BF52244E18A403A58223A38D46 Status: Completed
Subject: Please DocuSign: 2022-09-72855.pdf
Source Envelope:
Document Pages: 13 Signatures: 6 Envelope Originator:
Certificate Pages: 7 Initials: 0 Maria K. Peters
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
1860 Michael Faraday Drive
Suite 100
Reston, VA 20190
Maria.Peters@modot.mo.gov
IP Address: 168.166.80.221
Record Tracking
Status: Original
11/28/2022 12:45:34 PM
Holder: Maria K. Peters
Maria.Peters@modot.mo.gov
Location: DocuSign
Signer Events Signature Timestamp
Ryan Moehlman
rmoehlman@jeffersoncitymo.gov
City Attorney
Security Level: Email, Account Authentication
(Optional)Signature Adoption: Drawn on Device
Using IP Address: 65.119.141.114
Sent: 11/28/2022 3:57:51 PM
Resent: 11/28/2022 4:15:43 PM
Resent: 11/28/2022 4:22:20 PM
Viewed: 11/30/2022 3:26:11 PM
Signed: 11/30/2022 3:26:35 PM
Electronic Record and Signature Disclosure:
Accepted: 11/30/2022 3:26:11 PM
ID: 76ad9164-37f5-4d87-96e8-b9497a2b48a2
Carrie Tergin
ctergin@jeffersoncitymo.gov
Mayor
Security Level: Email, Account Authentication
(Optional)Signature Adoption: Pre-selected Style
Using IP Address: 65.119.141.114
Sent: 11/30/2022 3:26:42 PM
Viewed: 11/30/2022 3:27:26 PM
Signed: 11/30/2022 3:27:42 PM
Electronic Record and Signature Disclosure:
Accepted: 11/30/2022 3:27:26 PM
ID: dc1c1e62-178f-45d8-aa8b-b67592217d19
Emily Donaldson
edonaldson@jeffersoncitymo.gov
City Clerk
Security Level: Email, Account Authentication
(Optional)Signature Adoption: Pre-selected Style
Using IP Address: 65.119.141.114
Sent: 11/30/2022 3:27:48 PM
Viewed: 11/30/2022 3:28:21 PM
Signed: 11/30/2022 3:28:34 PM
Electronic Record and Signature Disclosure:
Accepted: 11/30/2022 3:28:21 PM
ID: d6cfcab9-10c7-46f4-ac62-4400a582b823
Bryce D. Gamblin
Bryce.Gamblin@modot.mo.gov
Senior Administrative Counsel
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Signature Adoption: Pre-selected Style
Using IP Address: 168.166.80.221
Sent: 11/30/2022 3:28:39 PM
Viewed: 12/1/2022 4:50:55 AM
Signed: 12/1/2022 4:51:34 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Eric E. Schroeter
Eric.Schroeter@modot.mo.gov
Assistant Chief Engineer
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Signature Adoption: Pre-selected Style
Using IP Address: 168.166.80.221
Sent: 12/1/2022 4:51:38 AM
Viewed: 12/1/2022 10:45:01 AM
Signed: 12/1/2022 10:45:11 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Pamela J. Harlan - MHTC
pamela.harlan@modot.mo.gov
Secretary to the Commission
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Signature Adoption: Uploaded Signature Image
Using IP Address: 168.166.80.221
Sent: 12/1/2022 10:45:19 AM
Viewed: 12/1/2022 12:00:30 PM
Signed: 12/1/2022 12:00:35 PM
Electronic Record and Signature Disclosure:
Accepted: 12/22/2021 11:42:38 AM
ID: 2c664348-0ef1-42bb-97b6-7b0938b1e411
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
David Bange
dbange@jeffersoncitymo.gov
Parks Commission President
Security Level: Email, Account Authentication
(Optional)
Sent: 11/28/2022 3:57:51 PM
Electronic Record and Signature Disclosure:
Accepted: 11/10/2022 11:03:04 AM
ID: 643f8634-654b-477a-82e6-1c917bfe6e2c
Maria K. Peters
maria.peters@modot.mo.gov
District Utilities Engineer
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Sent: 11/28/2022 3:57:50 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Maria K. Peters
maria.peters@modot.mo.gov
District Utilities Engineer
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Sent: 11/30/2022 3:26:43 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Maria K. Peters
maria.peters@modot.mo.gov
District Utilities Engineer
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Sent: 11/30/2022 3:27:48 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Maria K. Peters
Maria.Peters@modot.mo.gov
District Utilities Engineer
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Sent: 11/30/2022 3:28:39 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dana L. Kaiser
Dana.Kaiser@modot.mo.gov
Senior Executive Assistant
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Sent: 12/1/2022 4:51:38 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Maria K. Peters
maria.peters@modot.mo.gov
District Utilities Engineer
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Sent: 12/1/2022 4:51:38 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jennifer Jorgensen
jennifer.jorgensen@modot.mo.gov
Asst Secretary to the Commission
MoDOT
Security Level: Email, Account Authentication
(Optional)
Sent: 12/1/2022 10:45:18 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Maria K. Peters
Maria.Peters@modot.mo.gov
District Utilities Engineer
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Sent: 12/1/2022 10:45:18 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Maria K. Peters
maria.peters@modot.mo.gov
District Utilities Engineer
Missouri Department of Transportation
Security Level: Email, Account Authentication
(Optional)
Sent: 12/1/2022 12:00:41 PM
Electronic Record and Signature Disclosure:
Carbon Copy Events Status Timestamp
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 11/28/2022 3:57:51 PM
Envelope Updated Security Checked 11/28/2022 4:15:42 PM
Envelope Updated Security Checked 11/28/2022 4:22:20 PM
Certified Delivered Security Checked 12/1/2022 12:00:30 PM
Signing Complete Security Checked 12/1/2022 12:00:35 PM
Completed Security Checked 12/1/2022 12:00:41 PM
Payment Events Status Timestamps
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, Pamela J. Harlan - MHTC, David Bange
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.