HomeMy WebLinkAboutRES 11-39RESOLUTION NO. 11-39
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY TO ENTER
INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA
DEPARTMENT OF TRANSPORTATION FOR INSPECTION OF BRIDGES
AND CULVERTS WITHIN THE CITY LIMITS.
WHEREAS,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; and
WHEREAS,the City is empowered by Arizona Revised Statutes
48-572 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 City; and
WHEREAS,by order of 23 U.S.C.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
C.F.R.650(C),the National Bridge Inspection Standards
("NBIS"); and
WHEREAS,the NBIS requires that State must inspect,or cause
to be inspected,all highway bridges located on public roads,
with some exceptions; and
WHEREAS,the NBIS outlines requirements for inspection
frequency and procedures that all State's must follow, including
routine,in-depth,underwater and fracture critical member
inspections, load rating, and scour plans of action; and
WHEREAS,compliance with of the NBIS is a required component
in order to be eligible for Federal -Aid Highway Bridge funding;
and
WHEREAS,consistent inspection methodologies throughout the
State is a public goal; and
RESOLUTION NO. 11-39
PAGE 1 OF 3
WHEREAS,the State will cover the cost of bridge inspections
through adjusting the percentage of federal bridge funding
allocated to off -system highway bridges; and
WHEREAS,the State and the City wish to enter into an
agreement whereby City authorizes State to perform NBIS
inspections on bridges owned or controlled by the City; and
WHEREAS,the attached written agreement ("IGA /JPA 11-118 I")
sets forth the financial and administrative conditions for
inspections of bridges and culverts.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS:
1)The Mayor and City Council hereby approve the attached
intergovernmental agreement between the City of Apache
Junction and the Arizona Department of Transportation "IGA
/JPA 11-118 I"and the Mayor is hereby authorized to sign
the agreement on behalf of the City.
2)Under the terms of IGA /JPA 11-118 I, the City will not pay
for the inspections.
3)The City Manager and/or his designee is authorized and
directed to take all steps necessary to carry out the
purpose and intent of this resolution.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA,THIS 16TH DAY OF AUGUST ,
2011.
SIGNED AND ATTESTED TO THIS 16TH DAY OF
,
AUGUST , 2011.
. 416.!AL-e-
N S. INSALACO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
RESOLUTION NO. 11-39
PAGE 2 OF 3
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 11-39
PAGE 3 OF 3
ADOT File No.: IGA /JPA 11-1181
AG Contract No.: P001 2011 001886
Project: Bridge Inspection
Section: Various Locations
ADOT Project No.: MAINTAGR
Budget Source Item No.: N/A
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
CITY OF APACHE JUNCTION
THIS AGREEMENT is entered into this date , 2011, pursuant to
the Arizona Revised Statutes § 1 1-951 through 11-954, as amended, between the STATE OF ARIZONA,
acting by and through it's DEPARMENT OF TRANSPORTATION (the "State") and the CITY OF APACHE
JUNCTION acting by and through its MAYOR AND CITY COUNCIL (the "City"). The State and the City
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 City is empowered by Arizona Revised Statutes § 48-572 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 City.
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 City bridge inspections through adjusting the percentage of
Federal bridge funding allocated to off -system Highway Bridges.
7.The State and the City wish to enter into an agreement whereby City authorizes State to perform
NBIS inspections on bridges owned or controlled by the City.
THEREFORE,in consideration of the mutual covenants expressed herein, it is agreed as follows.
Page 2 IGALI.PA 1 1 - 1 1 8 I
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 City according to the NBIS.
b.Communicate with City on a timely basis and inform City of the start date of the bridge
inspection; and offer to meet with the designated representatives of City to discuss the inspection.
c.Forward the copies of completed bridge inspection report documents to the City 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 City
d.Record the updated Bridge Inspection data in the ADOT database and transmit annually to
the FHWA.
e.The State will not carry out any recommended maintenance or repair activities for City
bridges.
2.The City will:
a.Allow and authorize the State to inspect NBI inventoried bridges owned by City 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.
Page 3 IGALIPA 11-118 I
e.Provide traffic control at no fee during the bridge inspections by the State when necessary.
f.Once City performs the recommended repair work,forward the information and the
completion date to the State.
IV.MISCELLANEOUS PROVISIONS
1.State may carry 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, City may accompany State or Consultant bridge inspection team to the
bridge site and actively participate in the inspection or be an observer.
4.City may obtain a second opinion at City 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 City 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 dating and signing of a Determination Letter by the
Arizona Attorney General's office.
7.This Agreement is perpetual,except for the provisions for termination or cancellation in the
Agreement.
8.Either Party may terminate this Agreement upon thirty days written notice.
9.This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38-511.
10. The Parties agree to submit any disputes arising under this Agreement to binding arbitration
before the American Arbitration Association: except that if there are any parties involved in the dispute
other than the State and local agency, venue shall lie in Maricopa County Superior Court, Phoenix
Arizona.
Page 4 IGMPA 11-118 1
11. 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
Joint Project Administration205 S. 17thAvenue, Mail Drop 637E
Phoenix, Arizona 8 5 0 07
(602) 712-7124
(602) 712-3132 Fax
City of Apache Junction
Public Works Director
Attn: Giao N. Pham, P.E
575 East Baseline Avenue
Apache Junction, Arizona 85119
(480) 982-1055
(480) 982-8005 Fax
Finance Director
Attn: Donna Meinerts
300 E Superstition Blvd
Apache Junction, Arizona 85119
(480) 474-5451
dmeinerts@ajcity.net
12. This Agreement is subject to all applicable provisions of the Americans with Disability Act (Public
Law 101-336,42 U.S.C. 121 0 1-12213) 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".
13.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.
14.The City and the State warrant compliance with the Federal Funding Accountability and
Transparency Act of 2006 and associated 2008 Amendment (the 'Act").Additionally, in a timely manner,
the City will provide information that is requested by the State to enable the State to comply with the
requirement of the Act, as may be applicable.
15. The Compliance requirements for Arizona Revised Statutes § 41-4401—immigration laws and
E -Verify requirement:
a.The City warrants compliance with all Federal immigration laws and regulations relating to
employees and warrants its compliance with Section A.R.S. 23-214, Subsection A.
b.A breach of a warranty regarding compliance with immigration laws and regulations shall be
deemed a material breach of the contract, and the City may be subject to penalties up to and including
termination of the Agreement.
c.The State retains the legal right to inspect the papers of any employee who works on the
Project to ensure that the City or subcontractor is complying with the warranty under paragraph (a).
16. Pursuant to A.R.S. Sections 35-391.06 and 35-393.06, each Party certifies that it does not have a
scrutinized business operation in Sudan or Iran.For the purpose of this Section the term "scrutinized
business operations" shall have the meanings set forth in A.R.S. Section 35-391 or and 35-393, as
applicable.If any Party determines that another Party submitted a false certification, that Party may
impose remedies as provided by law including terminating this Agreement.
Page 5 IGA/JPA 11-1181
17. 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.
CITY OF APACHE JUNCTION STATE OF ARIZONA
Department of Transportation
By By
JOHN S. INSALACO SAM MAROUFKHANI, P.E.
MAYOR Deputy State Engineer, Development
ATTEST:
By
KATHY CONNELLY
City Clerk
IGA/JPA 11-1181
ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION
I have reviewed the above referenced Intergovernmental Agreement between the State of
Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE
JUNCTION, 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 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.
DATED this day of , 2011
City Attorney