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 -
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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.
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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