Exhibit A - Certification Acceptance Agreement
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CERTIFICATION ACCEPTANCE AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
CITY OF CHANDLER
THIS AGREEMENT (“Agreement”) is entered into by and between the STATE OF ARIZONA, acting by
and through its DEPARTMENT OF TRANSPORTATION ( “State”) and CITY OF CHANDLER (“City”).
The State and City are collectively referred to as “Parties” or individually referred to as a “Party”.
Both the State and City are government agencies.
I.
RECITALS
1.
The Parties recognize the importance of a balanced, integrated, intermodal transportation
system for the State of Arizona and understand the need for maximum flexibility in the use
of federal funds to address the needs of all transportation modes.
2.
The Parties acknowledge that transportation infrastructure projects play an essential role in
the State’s transportation system and preservation and maintenance of the transportation
infrastructure protects the investments of the past and allows for economic development in
the future.
3.
The Parties recognize that stewardship is the efficient and effective management of public
funds that have been entrusted to the Federal Highway Administration (FHWA) and
oversight is the act of ensuring the Federal-aid Highway Program (FAHP) is delivered in
accordance with applicable laws and regulations.
4.
Title 23, Code of Federal Regulation (C.F.R.), Sections 1.11 and 635.105 allow a State to
delegate certain activities, under supervision, to qualified local public agencies for FAHP
projects under Certification Acceptance. Delegation is a privilege with responsibilities for
both Parties and requires the Parties work in partnership.
5.
According to 23 C.F.R. §§ 1.11 and 635.105, the State, as the supervising agency, maintains
accountability to FHWA for FAHP projects under Certification Acceptance and is responsible
for oversight that ensures projects are completed in compliance with federal and state laws
and regulations and conformance with approved plans and specifications.
6.
Full Certification Acceptance status includes the delegation of contract administration,
development and design, construction administration, procurement of engineering or
design-related services consultant, project inspection, and internal program evaluation to
the City.
7.
Partial Certification Acceptance status includes the delegation of contract administration,
development and design, construction administration, project inspection, and internal
program evaluation and further excludes the procurement of engineering or design-related
services consultant on-call contracts.
8.
The State retains responsibility for disadvantaged business enterprises, equal employment
opportunity, on the job training, environmental processes, approval of final certification of
right-of-way, proprietary item determinations, and project final acceptance.
THEREFORE, in consideration of the mutual agreements expressed herein, it is agreed as
follows:
II. REQUIREMENTS
1. The City will:
a.
Accept the delegated authority for Full Certification Acceptance status from the State for
design, plans, specifications, estimates, contract awards, and inspections of FAHP
projects.
b.
Adhere to federal and state laws and regulations, responsibilities and requirements set
forth by FHWA, and the Arizona Department of Transportation Certification Acceptance
Manual (current and as it may be amended in compliance with federal requirements)
when developing and delivering FAHP projects with continuous stewardship and
oversight.
c.
Perform delegated activities as outlined in the Arizona Department of Transportation
Certification Acceptance Manual (current and as it may be amended in compliance with
federal requirements).
i.
Submit a detailed schedule as part of the initiation package submitted to
ADOT for consideration. The detailed schedule must include the major
milestone deliverables as defined by ADOT in the development schedule.
ii.
Report any change in the initial developed schedule to ADOT no later than
the last business day of each State Fiscal Quarter along with detailed reasons
for the delay.
d.
Cooperate with the State in the adoption of processes, procedures, and guidelines for
selecting, developing, financing, constructing, and maintaining FAHP projects.
e.
Have a compliant project development and delivery program, accounting controls, and a
project inspection and internal program evaluation process in place for FAHP projects.
f.
Ensure that the City's Designated Approval Authority reviews and approves FAHP
projects.
g.
Ensure a full-time employee of the City is in responsible charge of FAHP projects or
obtain approval from the State before hiring a consultant to act in a management role for
the .
h.
Assign to each FAHP project, a professional engineer registered in the State of Arizona,
either on staff as a public employee or a contract employee designated as the City's
Engineer.
i.
Have adequate, suitably equipped, and knowledgeable staff to undertake and complete
the work satisfactorily on FAHP projects.
j.
Obtain any required State and FHWA reviews, concurrences, and approvals on FAHP
projects.
k.
Obtain, keep, and maintain all books, papers, records, files, accounts, reports, bid
documents with backup data, including electronic data, and all other materials relating
to the FAHP contract and project.
l.
Ensure all FAHP contract and project documents are retained and made available for
inspection by the State and FHWA during the plan development and construction stages
and at least five years after the FHWA final voucher has been recorded. This requirement
will survive the termination or expiration of this Agreement or any individual agreement
under this Agreement.
2.
The State will:
a.
Delegate authority, and does delegate authority by this Agreement, for Full Certification
Acceptance status to the City for design, plans, specifications, estimates, contract
awards, and inspections of FAHP projects.
b.
Communicate with FHWA regarding all aspects of the Certification Acceptance program
and FAHP projects.
c.
Adhere to federal and state laws and regulations and the responsibilities and
requirements set forth by FHWA, and the Arizona Department of Transportation
Certification Acceptance Manual (current and as it may be amended in compliance with
federal requirements) when developing and delivering FAHP projects with continuous
stewardship and oversight.
d.
Maintain and update the Arizona Department of Transportation Certification Acceptance
Manual (current and as it may be amended in compliance with federal requirements)
and provide ongoing guidance to the through the Arizona Department of Transportation
Certification Acceptance Manual (current and as it may be amended in compliance with
federal requirements), training, periodic reviews, and other related tools.
e.
Cooperate with the City in the adoption of processes, procedures, and guidelines for
selecting, developing, financing, constructing, and maintaining FAHP projects.
f.
Have a Certification Acceptance program, accounting controls, and an oversight process
in place for FAHP projects.
g.
Have adequate, suitably equipped, and knowledgeable staff to undertake and complete
the work satisfactorily on FAHP projects.
h.
Provide any required State reviews, concurrences, and approvals and submit any
requests to FHWA for required authorizations, reviews, concurrences, and approvals on
FAHP projects.
i.
Conduct continuous oversight on the City's federal-aid programs and projects to ensure
compliance with federal and state laws and regulations and conformance with approved
plans and specifications.
j.
Deobligate the funding of a project upon the failure of the City to deliver the project
according to the project detailed schedule in the initiation package. Subsequently, the
City will have to compete in the following fiscal State year to get approval and obtain
funding for the project.
III. MISCELLANEOUS PROVISIONS
1.
This Agreement supersedes and replaces the 2019 Certification Acceptance Agreement and
any subsequent amendments between the State and City.
2.
This Agreement takes effect on the signature date of the FHWA Arizona Division
Administrator, who signs this Agreement last.
3.
The terms, conditions, and provisions of this Agreement will remain in full force and effect
for five years.
4.
This Agreement will govern all program and project-specific agreements between the State
and City.
5.
If a conflict exists between the terms, conditions, and provisions of this Agreement and any
other agreement between the State and the City, this Agreement will govern and control.
6.
Any modification to this Agreement will occur only with the mutual consent of both Parties.
7.
This Agreement may be canceled at any time upon 30 days written notice to the other Party.
8.
The State may terminate this Agreement upon the City's request or if in the opinion of the
Arizona Department of Transportation Director the City lacks adequate staffing or
performance. The rescission may be applied to all or part of the program or projects under
the Certification Acceptance program.
9.
In case of termination of this Agreement for any reason, the City will have a continuing
obligation to comply with the terms of this Agreement until all requirements under this
Agreement are completed.
IN WITNESS WHEREOF, the Parties, by execution of this Agreement, acknowledge that their
signing representatives have read, understand, and agree to be bound by the terms, conditions, and
provisions of this Agreement.
STATE OF ARIZONA
Department of Transportation
By_______________________________________________
By_______________________________________________
Kevin Hartke
Greg Byres
Mayor, City of Chandler
Deputy Director for Transportation/
State Engineer
ATTEST:
By_______________________________________________
Dana DeLong
City Clerk, City of Chandler
CONCUR:
FEDERAL HIGHWAY ADMINISTRATION
Arizona Division
By_______________________________________________
Date_____________________________________________
Karla S. Petty
Division Administrator
ATTORNEY APPROVAL FOR CITY OF CHANDLER
I have reviewed this Agreement between the STATE OF ARIZONA, acting by and through its
DEPARTMENT OF TRANSPORTATION, and CITY OF CHANDLER pursuant to Arizona
Revised Statutes §§ 11-951 through 11-954 and declare this Agreement to be in the proper form
and within the powers and authority granted to the City under the laws of the State of Arizona.
No opinion is expressed as to the authority of the State to enter into this Agreement.
By ________________________________ Date ________________________________
Kelly Y. Schwab
City Attorney/Risk Manager