25D - 55 AND ALTON AVE OVERCROSSING

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DISTRICT AGREEMENT 12-522 4. All Project work, except as set forth in this Agreement, is to be performed by CITY. Should CITY request that STATE perform any portion of PROJECT work, except as otherwise set forth in this Agreement, CITY shall first agree to reimburse STATE for such work pursuant to an amendment to this Agreement or a separate executed agreement. 5. To have detailed PS&E prepared, at no cost to STATE, and to submit to STATE, for STATE's review, concurrence, and/or approval at appropriate stages of development. The final PS&E for PROJECT shall be signed on behalf of CITY by a Civil Engineer registered in the State of California. CITY agrees to provide landscape plans prepared and signed by a licensed California Landscape Architect. 6. To have all necessary right of way maps and documents used to acquire right of way by CITY prepared by or under the direction of a person authorized to practice land surveying in the State of California. Each right of way map and document shall bear the appropriate professional seal, certificate number, expiration date of registration certification and signature of the licensed person in Responsible Charge of work. 7. To permit STATE to monitor and participate in the selection of personnel who will prepare the PS&E and provide the R/W engineering and acquisition services for PROJECT. CITY agree to consider, any request by STATE to avoid a contract award or to discontinue the services of any personnel considered by STATE to be unqualified on the basis of credentials, professional expertise, failure to perform, and/or other pertinent criteria. To submit to STATE for review, comment, concurrence, and/or approval all Right of Way Engineering Land-Net Maps and Right of Way Appraisal Maps, Records of Survey, and Right of Way Record Maps all prepared in accordance with STATE's Right of Way Manual, Chapter 6, Right of Way Engineering, STATE's Plans Preparation Manual, STATE's Surveys Manual, applicable State laws, and other pertinent reference materials and examples as provided by STATE. 9. Personnel who perform the PS&E, and R/W shall be made available to STATE, at no cost to STATE, through completion of construction of PROJECT to discuss issues, which may arise during construction, and/or to make design revisions for contract change orders. CITY will make available its personnel or consultants to do all necessary corrections and to furnish the corrected product to STATE if, during the course of PROJECT, errors or omissions are discovered in any document, study or report which CITY provided pursuant to this Agreement, within a reasonable time as specified by STATE 10. To make written application to STATE for necessary encroachment permits authorizing entry of C1TY onto SHS R/W to perform required PROJECT DEVELOPMENT work as more specifically defined elsewhere in this Agreement. CITY shall also require CTTY's consultants and contractors to make written application to STATE for the same necessary encroachment permits. 25D-6