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DISTRICT AGREEMENT <br />12-522 <br />17. CITY shall require any utility owner and/or its contractor performing any work within <br />the State Highway R/W to obtain an encroachment permit from STATE prior to the <br />beginning of work. <br />18. To acquire and furnish all R/W, if any, outside of the existing State Highway R/W <br />and to perform all R/W activities, including all eminent domain activities, if <br />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 State Highway R/W. <br />19. To utilize the services of a qualified public agency or a qualified consultant, in <br />accordance with STATE's Local Assistance Procedures Manual and as confirmed by <br />STATE's District Division Chief of Right of Way, in all matters related to the <br />acquisition of R/W in accordance with STATE's procedures as published in STATE's <br />current Right of Way Manual. Whenever personnel other than personnel of a <br />qualified public agency are utilized, administration of the personnel contract shall be <br />performed by a qualified Right of Way person employed or retained by CITY. <br />20. To certify legal and physical control of R/W ready for construction and that all R/W <br />parcels were acquired in accordance with applicable State and Federal laws and <br />regulations, subject to review and concurrence by STATE prior to the advertisement <br />for bids for the contract to construct PROJECT. <br />21. To deliver to STATE legal title to the R/W, including access rights, if any, free and <br />clear of all encumbrances detrimental to STATE's present and future uses not later <br />than the acceptance date by STATE for maintenance and operation of the highway <br />facility. Acceptance of said title by STATE is subject to a review of a Policy of Title <br />Insurance in the name of the State of California to be provided and paid for by CITY. <br />22. Since the PROJECT construction phase is the subject of a future agreement, CITY in <br />administering and contracting to perform the other phases of the PROJECT, namely <br />design and right of way, agrees to include a "conflict of interest" requirement in the <br />PROJECT design consultant contracts that prohibits that design consultant from being <br />employed or under contract to the future PROJECT construction contractor. <br />23. If CITY desires to have STATE advertise, award, and administer the construction <br />contract for PROJECT, CITY shall provide STATE with plans in a format acceptable <br />to STATE. Reimbursement to STATE for costs incurred by STATE to advertise, <br />award, and administer the construction contract for PROJECT will be covered in the <br />separate Cooperative Agreement. <br />24. All aerial photography and photogrammetric mapping shall conform to STATE's <br />current standards. <br />25. A copy of all original survey documents resulting from surveys performed for <br />PROJECT, including original field notes, adjustment calculations, final results, and <br />appropriate intermediate documents, shall be delivered to STATE and shall become <br />25D-8 <br />