RES 03018 - Laserfiche WebLink

5. Bridge Construction Process. City acknowledges that if constructed in accordance with the Plans and Specifications referred to in Exhibit "A" and the related submittals by the Bridge Engineer. the Project Engineer, the Authority and the County, the Hanson Replacement Bridge would meet the requirements of existing City codes, ordinances, and standards if constructed within City jurisdiction and under City permitting authority, and that City will not, unless otherwise required by law, impose upon the Hanson Replacement Bridge. following its construction, any new or additional requirements unless and to the extent necessary to comply with future State of California requirements for retrofitting of pre-existing bridges for seismic or other public safety retrofit purposes. 6. Bridge Inspection Process. Hanson, the Authority, and the County have agreed upon a common Project Coordinator, which is S&C Engineering, Inc. ("Project Coordinator") and a common Bridge Inspector, Mendoza Associates ("Bridge Inspector"), which is a subcontractor of the Project Coordinator, to perform all project inspections on behalf of (a) Hanson, as the owner of the Hanson Replacement Bridge, (b) the County, to the extent of its authority, if any, for the Bridge under its current jurisdiction; (c) the Authority, in its capacity as a party providing funding and services and benefiting from the construction of the Bridge as required under existing agreements between the Authority and Hanson, and (d) Zone 7 as a future, prospective holder of the Arroyo Mocho Channel improvements and the grantor of a permanent easement for the use, maintenance, and operation of the Hanson Replacement Bridge over the Arroyo Mocho. City likewise agrees that the inspection records and reports of the Common Inspector and the as-built plans and specifications provided to the satisfaction of the Project Coordinator on behalf of County, the Authority, Zone 7 and Hanson, shall be deemed to meet any course-of-construction inspection requirements associated with the Hanson Replacement Bridge that would be imposed if the Hanson Replacement Bridge was constructed under City jurisdiction, and will be accepted as such by City in connection with any future acceptance of an offer of dedication of the Hanson Replacement Bridge provided it is not subsequently altered in any material way. 7. Legal Relations and Responsibilities. Hanson shall be the owner of the Hanson Replacement Bridge. Nothing herein is intended to transfer ownership or pernfitting, plan check or inspection anthorily for the Bridge to City in any way, nor to impose any duties or obligations or to create any liabilities on the part of the City with respect to any aspect of the construction of the Hanson Replacement Bridge or the Arroyo Realignment Project. Nothing in this Agreement shall affect the legal liability of any party to this Agreement, by imposing any standard of care regarding the design, construction, inspection and maintenance of roads, streets, bridges, or other private or public property or facilities, other than the standard of cam imposed by law. 8. Ownership of Bridge and Roads. Anything in this Agreement to the contrary notwithstanding, Hanson has not made or promised to make, and the City has not accepted or agreed to accept an offer of dedication or ownership of any present or future interest in the Hanson Replacement Bridge or any portion of the Hanson Haul Road or other components of El Charro Road, and the making and execution of this Agreement shall not be construed either -3- 3/24/03 KAIL34740\514764.2