105.19 Digital Signatures (Sec 105.19)
Digital Signature: A digital signature is used when it is critical to verify the authenticity of a document, such as a contractual agreement (most commonly, change orders). A digital signature includes both a private key and a public key (certificate) to verify authenticity. The signer shares their public key with those they send signed documents to so the signature can be authenticated (i.e., the software verifies the stored public key matches the private key embedded in the signed document). Adobe and Bluebeam are commonly used for digital signatures on change orders and other contractual documents. DocuSign® is used for signing contracts. Any other format for change orders must be approved by the CM Division. A digital signature should include the printed name of the signer, as well as an image of the signer’s signature.
Electronic Signature: A basic electronic signature is used to provide consent or approval of a document, or to attest the signee produced the document. It does not necessarily come with proof of identity but is considered an acceptable level of authenticity for most routine documents. There are many acceptable forms for electronic signatures, including simply drawing your signature with a mouse or stylus pen. Use of an unverified digital signature created in Adobe or Bluebeam is the most common method we use for electronic signing of routine documents (i.e., sharing your public key certificate is not necessary – see Digital Signature). For most MoDOT CM forms/documents, simply typing the user’s name is considered an acceptable electronic signature because the document has the added verification through uploading to SharePoint (which requires login). Likewise, routine documents electronically signed by contractor personnel have added verification through uploading to MoDOT’s external SharePoint site.
Electronic Notary: A notary public who is approved to provide services remotely in lieu of inked-signed paper documents. Contractors can use this method to sign affidavits, such as Contractor's Affidavit Regarding Settlement of Claims (C-242) and for Compliance with Prevailing Wage Law. This method is preferred over ink signatures.
Quick Reference Guides for creating digital/electronic signatures:
Digital Signatures using Adobe DC Reader/Pro
Digital Signatures using Bluebeam Revu
Sec 105.19 provides for the use of verified electronic signatures (i.e., digital signatures) on all contract documents. Unverified electronic signatures are acceptable for most non-contractual documents. Use of digital and electronic signatures facilitates creating, exchanging, signing and storing documents electronically without the need for printing a paper copy. The E-Construction General Provision, which is included in all contracts, requires all documents submitted by the contractor to be in electronic format (except paper affidavits are allowed if an electronic notary is not used). Material delivery tickets are about the only remaining documents allowed on paper.
- A certified digital signature (with a public key) is required for all parties who sign change orders. This includes MoDOT, contractors and FHWA. Signers shall first submit their digital certificate to the State Construction & Materials Engineer (Attn: Construction Contract Administrator) for storage and future authentication of documents.
- In addition to the digital certificate, the contractor’s legal representative (Owner/President/CEO) shall submit a letter to the State CM Engineer (Attn: Construction Contract Administrator) listing all those who are authorized to sign change orders on behalf of the company. This letter is stored in the CM Division. Contractors can also submit contract-specific authorization letters to the RE, which are stored in the corresponding e-Projects file.
- All those designated as responsible signers on the change order who delegate that authority shall submit a letter (or email) to the CM Division listing the signers they authorize to sign on their behalf. The two common delegations are: State CM Engineer delegating authority to the CM Liaison Engineers, and District Engineers delegating authority to the District CM Engineers. Resident Engineers may also delegate authority to their assistant. Any other authorization requests should be submitted to the State CM Engineer for review and approval.
- MoDOT signers who are signing on behalf of the designated responsible person should display the image of the designated responsible person’s signature in their signature. See example below. Adobe and Bluebeam allow the user to create multiple image choices to be displayed with the signer’s digital signature.
