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2010-43RESOLUTION NO. 2010 - 43 COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the State of Nebraska is responsible for the inspection and evaluation of all State Highway System bridges, and WHEREAS, the City of Blair wishes to enter into an Agreement with the Nebraska Department of Roads for the purpose of defining responsibilities in meeting the National Bridge Inspection Standards; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Agreement between the City of Blair, Nebraska and the State of Nebraska Department of Roads which has been presented to the City Council, is hereby accepted and adopted by the City of Blair, Nebraska. Said Agreement is attached hereto as Exhibit A and is fully incorporated herein by reference BE IT FURTHER RESOLVED THE MAYOR AND THE CITY CLERK of Blair, Nebraska are hereby authorized and directed to execute said Agreement on behalf of the municipality. COUNCIL MEMBER FANOELE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER KEPHART. UPON ROLL CALL, COUNCIL MEMBERS KEPHART, FANOELE, STEWART, CHRISTIANSEN, JENSEN AND WOLFF VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12TH DAY OF OCTOBER, 2010. CITY OF BL AIR , NEBRASKA BY i0e Yap E. REAL' REALPH, MAYOR ATTEST: 11&d A h'kENDA WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 12th day of October, 2010. B'kENDA R. WHEELER, CITY CLERK CITY OF BLAIR STATE OF NEBRASKA, DEPARTMENT OF ROADS NATIONAL BRIDGE INSPECTION STANDARDS RESPONSIBILITIES THIS AGREEMENT, made and entered into by and between the City of Blair, hereinafter referred to as the "Local Bridge Owner," and the State of Nebraska, Department of Roads, hereinafter referred to as the "State" regarding the National Bridge Inspection Standards responsibilities. WITNESSETH: WHEREAS, the State is responsible for the inspection and evaluation of all State Highway System bridges, WHEREAS, the various Counties and Municipalities are responsible for the inspection and evaluation of all bridges on streets and roadways within their respective jurisdictions, WHEREAS, the Nebraska Bridge Inspection Program (BIP) Manual sets forth methods and procedures that enable local public bridge owners to comply with the NBIS, WHEREAS, bridge inspections and load ratings are a requirement of the NBIS and the BIP, and WHEREAS, at the request of FHWA, the parties wish to enter into this agreement to establish uniform bridge inspection and load rating guidelines in accordance with the NBIS. NOW THEREFORE, in consideration of these facts and the promises of the parties, the parties hereto agree as follows: SECTION 1 : DEFINITIONS Wherever in this agreement the following terms are used, they will have the meaning here given: "STATE" means the Nebraska Department of Roads in Lincoln, Nebraska, the Director of the Department, or an authorized representative. "LOCAL BRIDGE OWNER" means a Nebraska county, Nebraska municipality or other entity that has jurisdiction over public roads and the bridges on the same. "FHWA" means the Department of Transportation, Federal Highway Administration. "NBIS" means the National Bridge Inspection Standards, Code of Federal Regulations Title 23, Part 650, Subpart C. 1.� "BIP" means the Nebraska Bridge Inspection Program for implementing the NBIS including all operations required by the NBIS (inspection, load rating etc.) defined in the BIP Manual and described herein. "BIP MANUAL" means the current version of the compilation of policies and procedures to accomplish the objectives of the NBIS in Nebraska. The BIP Manual currently in effect is the issue dated January 25, 2010. "PUBLIC ROAD" means any road or street under the jurisdiction of and maintained by a public authority and open to public travel, defined in Code of Federal Regulations Title 23 Part 101(a)(27). "MAINTENANCE" means the act, operation, continuous process of repair, reconstruction or preservation of the whole or any part of any highway, including surface, shoulders, roadsides, traffic control devises, structures, waterways, and drainage facilities, for the purpose of keeping it at or near or improving upon its original standard of usefulness and safety, defined in Nebraska State Statute § 39- 101(6). Maintenance encompasses the bridge management practices of inventory inspection and load rating. SECTION 2 : PURPOSE The purpose of this agreement is to define the Local Bridge Owner's responsibilities in complying with the NBIS, which, in part requires that every bridge be load rated and that inventory inspections are done at specified intervals. SECTION 3 : SCOPE OF LOCAL BRIDGE OWNER RESPONSIBILITIES AND SCHEDULE FOR COMPLETION 1. Load Rating All bridges; new, reconstructed, and deteriorated (based on inspection results), except those described in subsection 3 below, shall be load rated by the Local Bridge Owner or their consultant using the methods and procedures in the BIP Manual. This requires, in part, that the load rating documents be stamped and signed by a Nebraska professional engineer and submitted to the State's Bridge Division in compliance with the procedures and timeframes in the BIP Manual. All load ratings will undergo a Quality Control check by the Local Bridge Owner or their consultant. 2. Bridge Inventory Inspection All bridges, except those described in subsection 3 below, shall be inspected by the Local Bridge Owner or their consultant in compliance with the procedures in the BIP Manual. This requires, in part, that the inspection be completed by an NDOR - certified bridge inspection team leader within the specified inspection time interval for a given bridge, and that the reports to be submitted to the State's Bridge Division following the procedures and timeframes set out in the BIP Manual. All inventory inspections will undergo a Quality Control check by the Bridge Owner or their consultant. 3. Bridge Inventory Inspection and Load Rating – Fracture Critical The State, on behalf of the Local Bridge Owner, will contract with a private consultant for the inspection and load rating of all fracture critical bridges. Funding for these inspections and load ratings will be from a combination of Federal aid and Local funds. SECTION 4 : STATE DUTIES The State will be responsible for creating and maintaining a database for bridge inventory and load rating data for all public bridges in Nebraska. The State will continue to have jurisdictional responsibility for all public bridges on the State highway system. Further, the State will be responsible for arranging for the inspection by consultants, for the local bridge owners, on the fracture critical bridges as described in Section 3 above. The State will also provide underwater bridge inspection services for the local bridge owner. It is the intent of the parties that this agreement does not shift to the local bridge owner any jurisdictional responsibility for bridges on the State highway system, and does not shift any duty to the State for jurisdictional responsibility of any bridges off of the State highway system. SECTION 5 : SANCTIONS — FEDERAL -AID FUNDING WITHHOLDING The FHWA and the State on its behalf, retain the right to withhold federal -aid bridge and highway funding from any Local Bridge Owner that fails to inspect and load rate its bridges using the methods or within the applicable time frames of the NBIS or the BIP. SECTION 6 : FUNDING FOR BIP RESPONSIBILITIES The Local Bridge Owner may use local funds or Federal aid for completing its BIP responsibilities. If a Local Bridge Owner chooses to use Federal aid for their Bridge Inspection responsibilities, a separate agreement between NDOR and the Local Bridge Owner will be prepared and executed for that purpose. SECTION 7 : RESOLUTION The Local Bridge Owner shall complete a resolution adopting and approving the execution of this agreement and include it as Exhibit "A" to this agreement. -3- IN WITNESS WHEREOF, the Local Bridge Owner and State hereto have caused this agreement to be executed by their proper officials thereunto duly authorized as of the dates below indicated. EXECUTED by the Bridge Owner this Z day of UC�ier 2010. Witness: Local Bridge Owner Ciy Clerk ayor EXECUTED by the State this �I day of d C - f - 2010. STATE OF NEBRASKA DEPARTMENT OF ROADS Mark Traynowi Bridge Engin er City Agr. Fa m - -4- RESOLUTION NO. 2010 - 43 COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the State of Nebraska is responsible for the inspection and evaluation of all State Highway System bridges, and WHEREAS, the City of Blair wishes to enter into an Agreement with the Nebraska Department of Roads for the purpose of defining responsibilities in meeting the National Bridge Inspection Standards; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Agreement between the City of Blair, Nebraska and the State of Nebraska Department of Roads which has been presented to the City Council, is hereby accepted and adopted by the City of Blair, Nebraska. Said Agreement is attached hereto as Exhibit A and is fully incorporated herein by reference BE IT FURTHER RESOLVED THE MAYOR AND THE CITY CLERK of Blair, Nebraska are hereby authorized and directed to execute said Agreement on behalf of the municipality. COUNCIL MEMBER FANOELE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER KEPHART. UPON ROLL CALL, COUNCIL MEMBERS KEPHART, FANOELE, STEWART, CHRISTIANSEN, JENSEN AND WOLFF VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 12TH DAY OF OCTOBER, 2010. (-TTV O BT A TR INT-P BASK A B 1-%-� $ 0,0 4 ��, w ils E. REALPH, MAYOR ATTEST: BREN WiIEE ER, CITY CLERK] (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 12th day of October, 2010. BRENDA R. WHEELER, CITY CLERK