PROJECT_AGREEMENT_ACI-NOR-20-03-C (TT0600).PDF
Extracted text (via pymupdf)
44165 characters
Page 1 of 9
MARICOPA ASSOCIATION OF GOVERNMENTS
ARTERIAL LIFE CYCLE PROGRAM
PROJECT AGREEMENT
Northern Parkway: Agua Fria to 99th Ave
Project Agreement No. 22-ACI-NOR-20-03-C
RTP Project # ACI-NOR-20-03-C
MAG TIP Project # MMA21-124DRB, MMA21-124DRB2, MMA22-124RWZ, MMA22-124CZ,
MMA26-124CRB, MMA22-124UZ
This Agreement (Agreement) by and between the Maricopa Association of Governments (MAG)
and Maricopa County, a political subdivision of the State of Arizona, will become effective on the day that
it is executed by the MAG Executive Director. MAG and Maricopa County are referred to in this Agreement
each individually as a “Party” and collectively as the “Parties.”
RECITALS
A.
MAG is the regional planning agency for Maricopa County. MAG is governed by a regional
council, which includes the mayor or chief executive of each member agency (Regional Council). Pursuant
to state law, MAG has developed, and the necessary parties have approved, a twenty-year comprehensive,
performance based, multimodal and coordinated Regional Transportation Plan (RTP) in the County. The
arterial street component of the RTP includes major arterial streets and intersection improvements (Arterial
Street Improvements) with a revenue allocation.
B.
In November 2004, the voters of Maricopa County approved a transaction excise tax for the
purpose of implementing the RTP. Federal Highway Administration (FHWA) Surface Transportation Block
Grant Program (STBGP) and Congestion Mitigation and Air Quality (CMAQ) Funds are also allocated to
the MAG region and administered by the Arizona Department of Transportation (ADOT) and are eligible
to be used to implement the RTP.
C.
MAG is required by state law to adopt a program that provides for life cycle management
for the funding and programming of the Arterial Street Improvements (Arterial Life Cycle Program). On
February 24, 2021 the Regional Council approved the Arterial Life Cycle Program (ALCP) Policies and
Procedures, and on June 23, 2021 the Regional Council approved the Fiscal Year 2022 ALCP. The February
24, 2021 Policies and Procedures, as they may from time to time be amended by the MAG Regional Council
(henceforth, the “Policies and Procedures”), are incorporated into this Agreement as fully as if set forth in
this Agreement. Copies of the Policies and Procedures are available from MAG. Capitalized terms that are
not defined in this Agreement have the meaning set forth in the Policies and Procedures
D.
Funds for ALCP are administered by ADOT through its Regional Arterial Road Fund
(RARF) sub-account for arterial streets, and through allocations of FHWA STBGP and CMAQ Funds that
are allocated to the MAG region and administered by ADOT. Funds will be disbursed by ADOT once
federal requirements are satisfied, as applicable, and upon the presentation of an invoice approved or
reviewed with concurrence by MAG as provided in this Agreement.
DocuSign Envelope ID: 562A5ADB-A401-45E6-8C11-61A75268AFE5
DocuSign Envelope ID: 363BB160-E413-43B8-A44E-D3730416B0AC
Page 2 of 9
E.
The ALCP includes an arterial capacity improvement project on Northern Parkway from
Agua Fria to 99th Avenue. The Project is described in greater detail in the Project Overview (Project
Overview) submitted by Maricopa County, dated April 7, 2022 and on file in the offices of Maricopa County
and MAG. The regional share in this agreement and the Project Overview are subject to change in the
annually adjusted ALCP.
F.
The Project will be designed and constructed in accordance with the standards adopted by
Maricopa County.
G.
When applicable, the regional reimbursement schedule will reflect the current ALCP in
which Regional Funds are first programmed. The current funding schedule for the Project is as follows:
Type of Work
Fiscal Year
of Work
Regional
Reimbursement
Type of
Reimbursement
Funds
Fiscal Year for
Reimbursement
Design
2021
$2,182,600.00
STBGP
2021
Utilities
2022
$3,521,000.00
STBGP
2022
Right of Way
2022
$3,563,000.00
STBGP
2022
Construction
2025
$14,496,312.00
STBGP
2025
Construction
2026
$33,798,841.00
STBGP
2026
Total Programmed for Reimbursement
$57,561,753.00
H.
The regional reimbursement, when applicable, will be expressed in the current year dollars.
Adjusted costs will be incorporated into the ALCP and by reference into this Agreement. Cost adjustments,
for inflation and as otherwise specifically provided in the Policies and Procedures, do not require a
modification of this Agreement.
I.
The Parties are authorized to enter into this agreement by the provisions of Arizona Revised
Statutes Section 28-6301 et seq.
AGREEMENTS
NOW, THEREFORE, for good and sufficient consideration, the receipt and sufficiency of which
is hereby acknowledged, the Parties agree as follows:
A.
Purpose. The purpose of this Agreement is to identify and define the responsibilities of Maricopa
County and MAG for the design, construction and financing of the Project, as established in the
ALCP.
B.
Responsibilities of the Parties.
1.
MAG’s Responsibilities. MAG agrees to:
a.
Administer the ALCP, pursuant to the Policies and Procedures as approved by the
MAG Regional Council;
b.
Provide to Maricopa County the required format for submitting requests for
payment, invoices, progress reports, and backup documentation;
DocuSign Envelope ID: 562A5ADB-A401-45E6-8C11-61A75268AFE5
DocuSign Envelope ID: 363BB160-E413-43B8-A44E-D3730416B0AC
Page 3 of 9
c.
Review and approve invoices for projects to be reimbursed with Regional Area Road
Funds or review and concur with invoices for projects to be reimbursed with federal
funds, subject to the terms of this Agreement;
d.
Submit the approved Request for Payment form to ADOT for payment by ADOT
to Maricopa County. The payments from ADOT to Maricopa County will be based
on the reimbursement amounts and schedule as noted in the Recitals, Section G.
The basis for payment to Maricopa County shall be reimbursement for costs in
conformance with the ALCP and the Policies and Procedures.
2.
Maricopa County’s Responsibilities. Maricopa County agrees to:
a.
Be responsible for all project costs and submit invoices to MAG for reimbursement.
Maricopa County will: 1) be responsible for the completion of all surveys, design,
plans and specifications, including contractor selection documents; 2) conduct
contractor selection process(es), award contract(s) for construction pursuant to the
applicable laws, and provide necessary construction management and inspection; 3)
if necessary, purchase or condemn right of way required for the completion of the
Project; 4) be responsible for all utility relocations, and 5) review and approve
invoices from its contractors and subcontractors before submitting an invoice to
MAG;
b.
Abide by the Policies and Procedures as approved by the MAG Regional Council
throughout the completion of the Project;
c.
Be responsible for meeting all applicable project development requirements for the
Project;
d.
Obtain appropriate indemnifications and insurance from all contractors and
subcontractors involved in the Project;
e.
Be responsible for all Project costs in excess of the maximum amount of the regional
funds allocated for the Project, shall any Regional Funds be allocated in the future.
The amount of funds to be paid to Maricopa County pursuant to this Agreement will
not exceed the Allocated Regional Funds. The allocated regional funds are expressed
in current year dollar amount in which the Regional Funds are first programmed.
The Regional Funds may be adjusted annually for inflation pursuant to the procedure
set forth in the Policies and Procedures and the current Regional Council-approved
ALCP;
f.
Provide invoices and progress reports to MAG pursuant to the project schedule
provided in the Project Overview;
g.
Otherwise comply with all requirements of this Agreement; and
h.
Have Maricopa County’s authorized representative, the County’s Transportation
Director or designee, sign, approve and submit invoices to MAG.
C.
Records and Audit Rights. Maricopa County’s work and accounting records (hard copy, as well as
computer readable data), and any other supporting evidence deemed necessary by MAG to
DocuSign Envelope ID: 562A5ADB-A401-45E6-8C11-61A75268AFE5
DocuSign Envelope ID: 363BB160-E413-43B8-A44E-D3730416B0AC
Page 4 of 9
substantiate charges and claims related to this Agreement shall be open to inspection and subject to
audit and/or reproduction by authorized representatives of MAG, the Arizona Department of
Transportation and the Auditor General of the State of Arizona (Auditors), as applicable, to the
extent necessary to adequately permit evaluation and verification of the performance and cost of the
work, and to conduct and prepare all audits and reports required by law. Auditors shall be afforded
access, at reasonable times and places, to all of Maricopa County’s records and personnel, pursuant
to the provisions of this Section, throughout the term of this Agreement, and for a period of five (5)
years after last or final payment.
D.
Term and Termination. The Agreement is valid through the payment of the final invoice for
completion of construction, as noted in the regional reimbursement schedule of the Recitals, section
G, subject to change based on the current Regional Council-approved ALCP unless terminated
earlier as specifically provided herein.
1.
Termination by MAG. MAG reserves the right to terminate this Agreement in the event that
MAG determines, in its reasonable discretion, that local or regional funds are not available
to meet Maricopa County’s financial responsibilities in regard to the Project or in the event
of an act of God or act of war or terror that makes continuation of work pursuant to this
Agreement no longer in the public interest. MAG will give sixty (60) days advance notice of
such termination, unless such notice is impracticable, in which case MAG will provide such
notice as is practicable under the circumstances. In the event of such termination, MAG will
recommend to ADOT that it reimburse Maricopa County as provided in this Agreement,
for work satisfactorily performed to the date of termination.
MAG also reserves the right to terminate this Agreement in the following circumstances: 1)
no Material Project Reimbursement Request (MPRR) has been submitted to MAG for a
period of at least eighteen (18) months from the date of the last Project Reimbursement
Request (PRR) or the effective date of this Agreement, whichever is later; 2) no Substantial
Project Reimbursement Request (SPRR) has been submitted to MAG for a period of thirty
(30) months from the date of the last PRR or the effective date of this Agreement, whichever
is later; 3) in the event of a Substantial Project Change, or 4) if Maricopa County fails to
observe or perform any of the material covenants, conditions or provisions of this
Agreement to be observed or performed by Maricopa County, where such failure shall
continue for a period of thirty (30) days after Maricopa County receives written notice of
such failure from MAG, however, such failure shall not be a default if Maricopa County has
commenced to cure the default within such 30-day period and thereafter is diligently
pursuing such cure to completion, but the total aggregate cure period shall not exceed ninety
(90) days unless the Parties agree in writing that additional time is reasonably necessary under
the circumstances to cure such default. In the event that Maricopa County fails to perform
any of its material obligations under this Agreement and is in default pursuant to this Section,
MAG, at its option, may terminate this Agreement. Further, upon the occurrence of any
default and at any time thereafter, MAG may, but shall not be required to, exercise any
remedies now or hereafter available to it at law or in equity.
2.
Termination by Maricopa County. Maricopa County reserves the right to terminate this
Agreement in the event that Maricopa County determines, in its reasonable discretion, that
local funds are not available to meet Maricopa County’s financial responsibilities in regard to
the Project or in the event of an act of God or act of war or terror that makes continuation
of work pursuant to this Agreement no longer in the public interest. Maricopa County will
give sixty (60) days advance written notice of such termination, unless such notice is
DocuSign Envelope ID: 562A5ADB-A401-45E6-8C11-61A75268AFE5
DocuSign Envelope ID: 363BB160-E413-43B8-A44E-D3730416B0AC
Page 5 of 9
impracticable under these circumstances, in which case Maricopa County will provide such
notice as is practicable. If MAG fails to observe or perform any of the material covenants,
conditions or provisions of this Agreement to be observed or performed by MAG, where
such failure shall continue for a period of thirty (30) days after MAG receives written notice
of such failure from Maricopa County, however, such failure shall not be a default if MAG
has commenced to cure the default within such thirty (30)-day period and thereafter is
diligently pursuing such cure to completion, but the total aggregate cure period shall not
exceed ninety (90) days unless the Parties agree in writing that additional time is reasonably
necessary under the circumstances to cure such default. In the event MAG fails to perform
any of its material obligations under this Agreement and is in default pursuant to this Section,
Maricopa County, at its option, may terminate this Agreement. Further, upon the occurrence
of any default and at any time thereafter, Maricopa County may, but shall not be required to,
exercise any remedies now or hereafter available to it at law or in equity.
3.
Termination by Mutual Consent. The Parties may terminate this Agreement by mutual
consent in the event that they determine that such termination is in furtherance of the goals
of the Arterial Life Cycle Program and is in the best interests of the Parties.
4.
In the event of termination pursuant to this Section “D,” Maricopa County agrees that it will
leave the Project in condition that is safe for use by the public.
E.
Availability of Funds. Each Party's obligations under this Agreement are conditioned upon the
availability of funds, appropriated or allocated, for the payment of such obligation. No liability shall
accrue to MAG in the event MAG declines to review and/or approve invoices for payment on the
basis that funds are not available for payment of such invoices and MAG terminates the Agreement
in accordance with section D.1.
F.
Indemnification. Each Party to this Agreement (Indemnitor) agrees to defend, indemnify and hold
harmless the other Party, and such Party’s officers, officials, employees, agents, and directors
(collectively, the Indemnitee) from and against any and all claims, demands, losses, liabilities, causes
of action and costs (including expert witness fees, attorney’s fees and costs of defense and appellate
appeal) (collectively, Claims), which may be imposed upon, incurred by or asserted against the
Indemnitee, attributable (directly or indirectly) to, or arising in any manner by reason of, the
negligence, error, or omission of any agent, officer, servant, or employee of the Indemnitor, or
anyone for whom Indemnitor may be legally liable, in the performance of this Agreement.
G.
Conflict of Interest. This Agreement is subject to termination for conflict of interest, pursuant to
the provisions of A.R.S. § 38-511.
H.
Ownership of Improvements upon Termination. Upon the expiration or other termination of this
Agreement, ownership of the Project and the improvements constructed under this Agreement shall
be vested in Maricopa County or as otherwise provided in any IGA relevant to the Project.
I.
General Provisions.
1.
INCORPORATION OF RECITALS. The Recitals are acknowledged by the Parties to be
substantially true and correct, and hereby incorporated as agreements of the Parties.
2.
ENTIRE AGREEMENT. This Agreement constitutes the entire understanding of the
Parties and supersedes all previous representations, written or oral, with respect to the
DocuSign Envelope ID: 562A5ADB-A401-45E6-8C11-61A75268AFE5
DocuSign Envelope ID: 363BB160-E413-43B8-A44E-D3730416B0AC
Page 6 of 9
services specified herein. This Agreement may not be modified or amended, except by a
written document, signed by authorized representatives of each Party.
3.
OFFICIAL COPIES. Upon date of execution by the MAG Executive Director, Maricopa
County shall receive a signed copy of the agreement within 14 days of execution.
4.
ARIZONA LAW. This Agreement shall be deemed to be made under, shall be construed
in accordance with, and shall be governed by the laws of the State of Arizona, without
reference to choice of law or conflicts of laws principles thereof.
5.
MODIFICATIONS. Except as otherwise specifically provided in this Agreement, any
amendment, modification or variation from the terms of this Agreement shall be in writing
and shall be effective only after written approval of all Parties.
6.
ATTORNEY'S FEES. In the event either Party brings any action for any relief, declaratory
or otherwise, arising out of this Agreement, or on account of any breach or default of this
Agreement, the prevailing Party shall be entitled to receive from the other Party reasonable
attorneys' fees and reasonable costs and expenses, as determined by the arbitrator or court
sitting without a jury, which shall be deemed to have accrued on the commencement of such
action and shall be enforceable, whether or not such action is prosecuted to judgment.
7.
NOTICES. All notices or demands required to be given, pursuant to the terms of this
Agreement, shall be given to the other Party in writing, delivered in person, deposited in the
United States mail, postage prepaid, registered or certified mail, return receipt requested or
deposited with any commercial air courier or express service at the addresses set forth below,
or to such other address as the Parties may substitute by written notice, given in the manner
prescribed in this Section.
If to Maricopa County:
Intergovernmental Relations Branch Manager
Maricopa County Department of Transportation
Transportation Planning Division
2901 W. Durango Street
Tel: (602) 506-1630
Fax: (602) 506-4882
If to MAG:
Executive Director
Maricopa Association of Governments
302 N. First Avenue
Suite 300
Phoenix, Arizona 85003
Tel: (602) 254-6300
Fax: (602) 254-6490
DocuSign Envelope ID: 562A5ADB-A401-45E6-8C11-61A75268AFE5
DocuSign Envelope ID: 363BB160-E413-43B8-A44E-D3730416B0AC
Page 7 of 9
A notice shall be deemed received on the date delivered, if delivered by hand, on the second
day after its deposit with any commercial air courier or express services or, if mailed, three
(3) working days (exclusive of United State Post Office holidays) after the notice is deposited
in the United States mail as above provided, and on the delivery date indicated on receipt, if
delivered by certified or registered mail. Any time period stated in a notice shall be computed
from the time the notice is deemed received. Notices sent by facsimile transmission shall
also be sent by regular mail to the recipient at the above address. This requirement for
duplicate notice is not intended to change the effective date of the notice sent by facsimile
transmission. E-mail is not an acceptable means for meeting the requirements of this section
unless otherwise agreed in writing.
8.
FORCE MAJEURE. Neither Party shall be responsible for delays or failures in performance
resulting from acts beyond their control. Such acts shall include, but not be limited to, acts
of God, riots, acts of war, epidemics, governmental regulations imposed after the fact, fire,
communication line failures or power failures.
9.
ADVERTISING. No advertising or publicity concerning MAG using any contractor’s or
subcontractor’s services shall be undertaken without prior written approval of such
advertising or publicity by MAG's Executive Director.
10.
COUNTERPARTS. This Agreement may be executed in one or more counterparts, and
each originally executed duplicate counterpart of this Agreement shall be deemed to possess
the full force and effect of the original.
11.
FACSIMILE OR ELECTRONIC SIGNATURES. This Agreement may be executed and
delivered by any Party by fax or electronic mail to the other Party and a facsimile or electronic
signature on this Agreement shall have the same force and effect as an original signature.
12.
CAPTIONS. The captions used in this Agreement are solely for the convenience of the
Parties, do not constitute a part of this Agreement and are not to be used to construe or
interpret this Agreement.
13.
SEVERABILITY. If any term or provision of this Agreement shall be found to be illegal or
unenforceable, then notwithstanding such illegality or unenforceability, this Agreement shall
remain in full force and effect, and such term or provision shall be deemed to be deleted.
14.
AUTHORITY. Each Party hereby warrants and represents that it has full power and
authority to enter into and perform this Agreement, and that the person signing on behalf
of each has been properly authorized and empowered to enter this Agreement. Each Party
further acknowledges that it has read this Agreement, understands it, and agrees to be bound
by it.
DocuSign Envelope ID: 562A5ADB-A401-45E6-8C11-61A75268AFE5
DocuSign Envelope ID: 363BB160-E413-43B8-A44E-D3730416B0AC
Page 8 of 9
15.
E-VERIFY.
a.
Warrant of Compliance. Pursuant to the provisions of A.R.S. §41-4401, each Party
warrants to the other that the Party and the Party’s subcontractors are in compliance
with all Federal Immigration laws and regulations that relate to its employees and
with the E-Verify Program under A.R.S. §23-214(A).
b.
Breach of Warranty. A breach of this warranty by a Party or any of its subcontractors
will be considered a material breach of this Agreement and may subject the breaching
party to penalties up to and including termination of this Agreement or any
subcontract.
c.
Right to Inspect. Each Party retains the legal right to inspect the papers of any
employee who works on this Agreement or any subcontractor to ensure compliance
with the warranty given above.
d.
Random Verification. Either Party may conduct a random verification of the
employment records of the other and any of the Party’s subcontractors to ensure
compliance with this warranty.
e.
Federal Employment Verification Provisions – No Material Breach. A Party will not
be considered in material breach of this Agreement if it establishes that it has
complied with the employment verification provisions prescribed by 8 USCA
§1324(a) and (b) of the Federal Immigration and Nationality Act and the E-Verify
requirements prescribed by A.R.S. §23-214(A).
f.
Inclusion of Article in Other Contracts: The provisions of this Article must be
included in any contract either Party enters into with any and all of its contractors or
subcontractors who provide services pursuant to this Agreement.
DocuSign Envelope ID: 562A5ADB-A401-45E6-8C11-61A75268AFE5
DocuSign Envelope ID: 363BB160-E413-43B8-A44E-D3730416B0AC
Page 9 of 9
IN WITNESS WHEREOF, the Parties hereto have caused these presents to be executed by their duly
authorized officers. (The order for obtaining the signatures is as follows: the appropriate representative of
Maricopa County, the MAG General Counsel, and the MAG Executive Director).
Approved as to form:
By:
MAG General Counsel Date
MAG:
Maricopa Association of Governments, an
Arizona non-profit Corporation
By:
Eric J. Anderson Date
Executive Director
Maricopa County
Recommended By:
Jurisdiction of Maricopa County, a Body Politic
and Corporate of the State of Arizona
Jennifer Toth, P.E. Date
Transportation Director
Approved By:
_____________________________________
Bill Gates, Chairman Date
Board of Supervisors
ATTEST:
Juanita Garza Date
Clerk of the Board
Approved as to form:
By:
Deputy County Attorney Date
DocuSign Envelope ID: 562A5ADB-A401-45E6-8C11-61A75268AFE5
4/14/2022
DocuSign Envelope ID: 363BB160-E413-43B8-A44E-D3730416B0AC
4/14/2022
Certificate Of Completion
Envelope Id: 562A5ADBA40145E68C1161A75268AFE5
Status: Completed
Subject: Please DocuSign: Project Agreement ACI-NOR-20-03-C (TT0600).pdf
Source Envelope:
Document Pages: 9
Signatures: 1
Envelope Originator:
Certificate Pages: 4
Initials: 0
Kimberly Richards
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
2901 W Durango
Phoenix, AZ 85009
Kimberly.Richards@maricopa.gov
IP Address: 163.116.139.120
Record Tracking
Status: Original
4/14/2022 12:12:20 PM
Holder: Kimberly Richards
Kimberly.Richards@maricopa.gov
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: ITC
Location: DocuSign
Signer Events
Signature
Timestamp
Jennifer Toth
jennifer.toth@maricopa.gov
Director
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Signed by link sent to jennifer.toth@maricopa.gov
Using IP Address: 163.116.139.118
Sent: 4/14/2022 12:13:51 PM
Viewed: 4/14/2022 12:16:29 PM
Signed: 4/14/2022 12:16:38 PM
Electronic Record and Signature Disclosure:
Accepted: 4/14/2022 12:16:29 PM
ID: 8b30bcde-e46c-4d66-8177-5cba07a39629
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
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
4/14/2022 12:13:51 PM
Certified Delivered
Security Checked
4/14/2022 12:16:29 PM
Signing Complete
Security Checked
4/14/2022 12:16:38 PM
Completed
Security Checked
4/14/2022 12:16:38 PM
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure
DocuSign Envelope ID: 363BB160-E413-43B8-A44E-D3730416B0AC
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, MCDOT (Department of Transportation) (we, us or Company) may be
required by law to provide to you certain written notices or disclosures. Described below are the
terms and conditions for providing to you such notices and disclosures electronically through the
DocuSign system. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to this Electronic Record and
Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to
‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the
DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Electronic Record and Signature Disclosure created on: 3/26/2020 9:58:51 AM
Parties agreed to: Jennifer Toth
DocuSign Envelope ID: 363BB160-E413-43B8-A44E-D3730416B0AC
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact MCDOT (Department of Transportation):
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: lesley.roman@maricopa.gov
To advise MCDOT (Department of Transportation) of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at lesley.roman@maricopa.gov and
in the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from MCDOT (Department of Transportation)
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to lesley.roman@maricopa.gov and in the
body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with MCDOT (Department of Transportation)
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
DocuSign Envelope ID: 363BB160-E413-43B8-A44E-D3730416B0AC
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to lesley.roman@maricopa.gov and in the body of such request you must
state your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before
clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify MCDOT (Department of Transportation) as described above,
you consent to receive exclusively through electronic means all notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided
or made available to you by MCDOT (Department of Transportation) during the course
of your relationship with MCDOT (Department of Transportation).
DocuSign Envelope ID: 363BB160-E413-43B8-A44E-D3730416B0AC
Certificate Of Completion
Envelope Id: 363BB160E41343B8A44ED3730416B0AC
Status: Completed
Subject: Please DocuSign: Project_Agreement_ACI-NOR-20-03-C (TT0600).pdf
Source Envelope:
Document Pages: 13
Signatures: 1
Envelope Originator:
Certificate Pages: 4
Initials: 0
Kimberly Richards
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
2901 W Durango
Phoenix, AZ 85009
Kimberly.Richards@maricopa.gov
IP Address: 163.116.139.115
Record Tracking
Status: Original
4/14/2022 3:14:57 PM
Holder: Kimberly Richards
Kimberly.Richards@maricopa.gov
Location: DocuSign
Security Appliance Status: Connected
Pool: StateLocal
Storage Appliance Status: Connected
Pool: ITC
Location: DocuSign
Signer Events
Signature
Timestamp
wayne peck
peckw@mcao.maricopa.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Signed by link sent to peckw@mcao.maricopa.gov
Using IP Address: 156.42.6.1
Sent: 4/14/2022 3:16:27 PM
Viewed: 4/14/2022 3:22:45 PM
Signed: 4/14/2022 3:22:57 PM
Electronic Record and Signature Disclosure:
Accepted: 4/14/2022 3:22:45 PM
ID: 682c8d13-4817-4933-8843-eb6b57bb3865
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
Witness Events
Signature
Timestamp
Notary Events
Signature
Timestamp
Envelope Summary Events
Status
Timestamps
Envelope Sent
Hashed/Encrypted
4/14/2022 3:16:27 PM
Certified Delivered
Security Checked
4/14/2022 3:22:45 PM
Signing Complete
Security Checked
4/14/2022 3:22:57 PM
Completed
Security Checked
4/14/2022 3:22:57 PM
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, MCDOT (Department of Transportation) (we, us or Company) may be
required by law to provide to you certain written notices or disclosures. Described below are the
terms and conditions for providing to you such notices and disclosures electronically through the
DocuSign system. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to this Electronic Record and
Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to
‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the
DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Electronic Record and Signature Disclosure created on: 3/26/2020 9:58:51 AM
Parties agreed to: wayne peck
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact MCDOT (Department of Transportation):
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: lesley.roman@maricopa.gov
To advise MCDOT (Department of Transportation) of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at lesley.roman@maricopa.gov and
in the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from MCDOT (Department of Transportation)
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to lesley.roman@maricopa.gov and in the
body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with MCDOT (Department of Transportation)
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to lesley.roman@maricopa.gov and in the body of such request you must
state your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before
clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify MCDOT (Department of Transportation) as described above,
you consent to receive exclusively through electronic means all notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided
or made available to you by MCDOT (Department of Transportation) during the course
of your relationship with MCDOT (Department of Transportation).