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District Agreement No. 12-568 <br />Maps, Records of Survey, and title to any property intended to be transferred to <br />STATE. <br />10. To make written application to STATE for necessary encroachment permits <br />authorizing entry of CITY onto the SHS right of way to perform surveying and other <br />investigative activities required for preparation of the PSR/PR, environmental <br />documentation, and/or PS&E. <br />11. To identify and locate all utility facilities within the area of PROJECT as part of the <br />design responsibility for PROJECT. All utility facilities not relocated or removed in <br />advance of construction shall be identified on the PS&E for PROJECT. <br />12. If any existing utility facilities conflict with the construction of PROJECT or violate <br />STATE's encroachment policy, CITY shall make all necessary arrangements with the <br />owners of such facilities for their timely accommodation, protection, relocation, or <br />removal. The costs for PROJECT's positive identification and location, protection, <br />relocation, or removal of utility facilities whether inside or outside STATE's right of <br />way shall be determined in accordance with Federal and California laws and <br />regulations, and STATE's policies and procedures, standards, practices, and <br />applicable agreements including, but not limited to, Freeway Master Contracts. <br />13. To furnish evidence to STATE, in a form acceptable to STATE, that arrangements <br />have been made for the protection, relocation, or removal of all conflicting facilities <br />within the SHS right of way and that such work will be completed prior to the award <br />of the contract to construct PROJECT or as covered in the PS&E for said contract. <br />This evidence shall include a reference to all required SHS encroachment permits. <br />14. To acquire and furnish all right of way, if any, outside of the existing SHS right of <br />way and to perform all right of way activities, including all eminent domain activities, <br />' if necessary, at no cost to STATE, and in accordance with procedures acceptable to <br />STATE. These activities shall comply with all applicable State and Federal laws and <br />regulations, subject to STATE's IQA to insure that the completed work is acceptable <br />for incorporation into the SHS right of way. <br />15. To utilize the services of a qualified public agency or a qualified consultant, as <br />determined by STATE's District Division Chief of Right of Way, in all matters <br />related to the acquisition of right of way in accordance with STATE's procedures as <br />published in STATE's current Right of Way Manual. Whenever personnel other than <br />personnel of a qualified public agency, or a qualified consultant, are utilized, <br />administration of the personnel contract shall be performed by a qualified Right of <br />Way person employed or retained by CITY. <br />16. To certify legal and physical control of right of way ready for construction and that <br />all right of way parcels were acquired in accordance with applicable State and Federal <br />laws and regulations, subject to review and concurrence by STATE prior to the <br />advertisement for bids for the contract to construct PROJECT. <br />4 <br />25H-6 <br />