Common use of Initial Evaluations Clause in Contracts

Initial Evaluations. Prior to the commencement of Project construction and before delivery of materials and equipment to the Project Area, the Developer shall, at its own expense, hire a qualified independent engineer (“Qualified Engineer”) to inspect and structurally assess all Designated Roads and to provide a report (the “Initial Evaluation”). An enumeration of each Initial Evaluation for the Designated Roads shall be included as ▇▇▇▇▇▇▇▇ ▇-▇ of this Road Use and Repair Agreement. The Initial Evaluation shall include or address the following: i. The Qualified Engineer shall determine if the Designated Roads have the structural capacity to carry the loads generated by the Developer Parties. ii. If the Qualified Engineer determines that the Designated Roads are insufficient to carry the loads generated by the Developer Parties, the Qualified Engineer shall provide a recommendation to the Developer and the County as to how the Designated Roads will be made sufficient. All cost associated with making the Designated Roads sufficient for the Developer Parties shall be the responsibility of the Developer. iii. In consultation with the County Engineer, the Qualified Engineer shall determine the number of ESALs generated by the Developer Parties for each segment of Designated Road. iv. For Designated Roads that are paved, the Qualified Engineer shall determine the road life consumed by the Developer Parties. The Qualified Engineer shall compare the ESALs generated by the Developer Parties to the 20 year design ESALs of the paved Designated Road. The Qualified Engineer shall compute the required Granular Equivalency (“GE”) for the paved Designated Road with and without the Developer Parties ESAL. v. If the additional ESALs generated by the Developer Parties increase the required GE for the paved Designated Road, it shall be the responsibility of the Developer to make sure the paved Designated Road meets or exceeds the required GE prior to construction or reimburse the County for the cost of the GE prior to construction as set forth in the Master Permit Schedule (Exhibit C of the Development Agreement). vi. The reimbursement rate shall be $5,200 per 0.1 inch per mile for paved Designated Roads.