902.17 Execution of Contracts for Signal or Flasher Installation
Standard. All drafting, modification, and review of contracts shall follow the latest guidelines as indicated in Chief Counsel's Office Contract Drafting and Review Procedures Manual. All execution of contracts shall be as required by the latest version of the Commission Policy on Execution of Documents. A flow chart of this process is shown below.
902.17.1 Pre-approved CCO Forms
Guidance. In an effort to expedite the execution of signal and flasher contracts, fill in the blank contracts that have been pre-approved as to form by Chief Counsel's Office (CCO) that are available for most applications. The most current version of a contract can be accessed on the CCO Intranet site. Using a pre-approved CCO form:
- 1. District determines which CCO contract is applicable.
- 2. District checks the CCO Intranet site to determine if they have the most recent revision of the contract.
- 3. District determines whether modification (other than filling in the blanks) is necessary.
- a. If no modification is necessary, district fills in the blanks and has sufficient copies executed by other party before sending to Traffic Division with a transmittal letter for execution and attestation.
- i. If modification is necessary, district provides one copy of modified CCO contract marked using Revision Marking Tool available in Microsoft Word to Traffic with a transmittal letter for approval.
- ii. Traffic will forward to CCO for approval of revisions
- iii. Traffic will return to District with CCO approval and/or comments.
- iv. District fills in the blanks and has sufficient copies executed by other party before sending to Traffic with a transmittal letter for execution and/or attestation by the Commission Secretary.
- 4. Traffic will forward to CCO for final approval and execution/attestation using the MHTC Contract Submittal Form. The MHTC Contract Submittal Form can be accessed in Microsoft Word on the MoDOT tab after selecting “File”, “New”.
902.17.2 One-Time Use Contracts
Guidance. If a situation arises that requires the execution of a special contract between the Commission and another party, a unique contract can be drafted for one-time use. Preparing a one-time use contract:
- 1. District determines that there is no CCO pre-approved form that can be modified to suit the situation that has arisen and a one-time use contract is needed.
- 2. District compiles a list of technical contract provisions needed.
- 3. District forwards to Traffic with transmittal letter requesting CCO assistance.
- 4. Assigned CCO attorney, district and Traffic representatives work together to draft a contract with applicable boilerplate provisions.
- 5. Traffic and district circulates draft of contract for review and comment within Traffic and district provides draft to other functional units, if necessary.
- 6. Assigned CCO attorney provides final draft to Traffic with any required instructions for contract completion and execution.
- 7. Traffic forwards final draft to district for completion.
- 8. District has sufficient copies executed by other party before sending to Traffic with a transmittal letter for execution.
- 9. Traffic will forward to CCO for final approval and execution.
902.17.3 Transmittal Letter
Guidance. The following information should be included in transmittal letters to Traffic:
- 1. Type of transmittal. (Execution, Review of Modification, One Time Use Draft Assistance)
- 2. Date needed.
- a. Date execution desired by, if transmittal for execution. (If closer than 10 working days, please explain).
- b. Date desired for completion of review, if transmittal is for review of modification. (If closer than 10 working days, please explain).
- c. Date desired for final draft completion, if transmittal for one time use draft assistance. (If closer than 30 working days, please explain).
- 3. Any additional comments that may be relevant.
- 4. Name and number of the individual in the district to contact if further clarification is needed.
A a sample contract transmittal letter is available.