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HomeMy WebLinkAboutRes 2008-27RESOLUTION NO. 2008 -27 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA RELATING TO INSPECTION OF TOWN HIGHWAY BRIDGES LOCATED ON PUBLIC ROADS. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the intergovernmental agreement between the Town of Fountain Hills (the "Town ") and the State of Arizona relating to inspection of town highway bridges located on public roads (the "Agreement") is hereby approved in the form attached hereto as Exhibit A. SECTION 2. That the Mayor, the Interim Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, June 5, 2008. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ay . Schlum, Mayor Kath een M. Zanon, Interim Town Manager 863014.2 EXHIBIT A TO RESOLUTION NO. 2008-27 (Intergovernmental Agreement) See following pages. 863014.2 ADOT File No.: IGAMPA 08 -023 AG Contract No.: P001- 2008 - 000159 -13 Project No.: Project: Bridge Inspection Section: TRACS No.: MAINTAGR Budget Source Item No.: N/A INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND TOWN OF FOUNTAIN HILLS THIS AGREEMENT is entered into this date , 2008, pursuant to the Arizona Revised Statutes § 11 -951 through 11 -954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State ") and the TOWN OF FOUNTAIN HILLS, acting by and through its MAYOR and TOWN COUNCIL (the "Town "). The State and the Town are collectively referred to as "Parties ". I. RECITALS 1. The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2. The Town is empowered by Arizona Revised Statutes § 11 -952 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the Town. 3. By order of 23 United States Code 151, the Federal Highway Administration (FHWA) in coordination with the American Association of State Highway and Transportation Officials (AASHTO) has implemented bridge inspection standards under 23 Code of Federal Regulations 650 subpart C, The National Bridge Inspection Standards (NBIS). The NBIS requires that State must inspect, or cause to be inspected, all highway bridges located on public roads, with some exceptions. The NBIS outline requirements for inspection frequency and procedures that each State's must follow, including routine, in- depth, underwater and fracture critical member inspections, load rating, and scour plans of action. Compliance with of the NBIS is a required component in order to be eligible for Federal -Aid Highway Bridge funding. 4. A local agency has the authority to perform NBIS inspections on its Public bridges. Currently, some local agencies throughout the State perform such inspections. This agreement does not preclude a local agency from requesting to perform NBIS inspections on its public bridges. 5. The Parties wish to promote consistent inspection methodologies throughout the State. 6. The State will cover the cost of Town bridge inspections through adjusting the percentage of Federal bridge funding allocated to off - system Highway Bridges. 7. The State and the Town wish to enter into an agreement whereby Town authorizes State to perform NBIS inspections on bridges owned or controlled by the Town. THEREFORE, in consideration of the mutual covenants expressed herein, it is agreed as follows. Page 2 JPA 08 -023 II. DEFINITIONS NBI Inventoried Bridge: A structure including supports erected over a depression or an obstruction, such as water, highway, or railway, and having a track or passageway for carrying traffic or other moving loads, and having an opening measured along the center of the roadway of more than 20 feet between undercopings of abutments or spring lines of arches, or extreme ends of openings for multiple boxes; it may also include multiple pipes, where the clear distance between the openings is less than half of the smaller contiguous opening. National Bridge Inspection Standards (NBIS): Federal regulations establishing requirements for Inspection procedures, frequency of inspections, qualifications of personnel, inspection reports, and preparation and maintenance of a State bridge inventory. The NBIS apply to all structures defined as bridges located on all public roads. Public Road; Any road under the jurisdiction of and maintained by a public authority and open to public travel. III. SCOPE OF WORK 1. The State will: a. Inspect NBI inventoried bridges owned by Town according to the NBIS. b. Communicate with Town on a timely basis and inform Town of the start date of the bridge inspection; and offer to meet with the designated representatives of Town to discuss the inspection. c. Forward the copies of completed bridge inspection report documents to the Town in a timely manner, if other activities are undertaken by the State, forward the copies of the relevant documents generated for these tasks to the Town. d. Record the updated Bridge Inspection data in the ADOT database and transmit annually to the Federal Highway Administration (FHWA). e. The State will not carry out any recommended maintenance or repair activities for Town bridges. 2. The Town will: a. Allow and authorize the State to inspect NBI inventoried bridges owned by Town according to NBIS. b. Grant the State any necessary Rights of Entry or permits at no fee for the completion of the State's tasks under this Agreement. c. Provide the State all the necessary relevant information and documents such as copies of bridge plans, average daily traffic counts, known deficiencies of the existing structures and additions /deletions to its bridge inventory. d. Notify the State of all new or existing structures that may meet the NBI inventoried bridge definition. Also notify the State of any NBI inventoried bridge removal, transfer, or change of ownership. e. Provide traffic control at no fee during the bridge inspections by the State when necessary. f. Once Town performs the recommended repair work, forward the information and the completion date to the State. Page 3 IV. MISCELLANEOUS PROVISIONS JPA 08 -023 1. State may cant' out its activities under this Agreement through consultants. 2. The State will not carry out any maintenance or repair activities for local agency bridges. 3. On its own discretion, Town may accompany State or Consultant bridge inspection team to the bridge site and actively participate in the inspection or be an observer. 4. Town may obtain a second opinion at Town expense whenever it does not agree with the State's findings and recommendations for bridge maintenance or repairs. A second opinion shall be obtained by hiring qualified bridge inspection engineers to perform an inspection per NBIS and accepted bridge inspection procedures and practices and submit the completed bridge inspection documents to the State for review and acceptance. The State will make a final recommendation. 5. The Parties to this Agreement agree that neither party shall be indemnified or held harmless by the other party. However, the Parties further agree that each party shall be responsible for its own negligence. Neither the State, nor any of its officers, employees, or contractors shall be liable for any damage occurring to the Town structure nor liability for any damages liability to third party unless the State or its officers, employees, or contractors cause the damages. 6. This Agreement shall become effective upon filing with the Secretary of State. 7. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38 -511. 8. The Parties agree to submit any disputes arising under this Agreement to binding arbitration before the American Arbitration Association; except for any parties involved in the dispute other than the State and local agency, venue shall lie in Maricopa County Superior Court, Phoenix Arizona. 9. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows: Arizona Department of Transportation Korina Lopez Joint Project Administration 205 S. 17u' Avenue, Mail Drop 616E Phoenix, Arizona 85007 (602) 712 -7124 (602) 712 -7424 Fax Town of Fountain Hills Town Engineer Attn: Randy L. Harrel, P.E., L.S. 16705 E. Avenue of the Fountains Fountain Hills, Arizona, 85268 (480) 816 -5112 (480) 837 -1404 Fax 10. This Agreement is subject to all applicable provisions of the Americans with Disability Act (Public Law 101 -336, 42 U.S.C. 12101 - 12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36. The parties to this Agreement shall comply with Executive Order Number 99-4 issued by the Governor of the State of Arizona and incorporated herein by reference regarding 'Non- Discrimination". 11. Non - Availability of Funds: Fulfillment of the obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the performance of such obligations. If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph. 12. In accordance with Arizona Revised Statutes § 11 -952 (D) attached hereto and incorporated herein is the written determination of each party's legal counsel and that the parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. TOWN OF FOUNTAIN HILLS By Qjv AY SCHLUM Mayor ATTEST: Ale 04 /- P■ STATE OF ARIZONA Department of Transportation SAM MAROUFKHANI, P.E. Deputy State Engineer, Development I � M d JPA 08-023 ATTORNEY APPROVAL FORM FOR THE TOWN OF FOUNTAIN HILLS I have reviewed the above referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the TOWN OF FOUNTAIN HILLS, an Agreement among public agencies which, has been reviewed pursuant to A.R.S. § 11 -951 through § 11 -954 and declare this Agreement to be in proper form and within the powers and authority granted to the TOWN under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this Agreement. DATED this tF I�- day of 2008 t Town Attorney