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DISTRICT AGREEMENT 12-522 17. CITY shall require any utility owner and/or its contractor performing any work within the State Highway R/W to obtain an encroachment permit from STATE prior to the beginning of work. 18. To acquire and furnish all R/W, if any, outside of the existing State Highway R/W and to perform all R/W activities, including all eminent domain activities, if necessary, at no cost to STATE, and in accordance with procedures acceptable to STATE. These activities shall comply with all applicable State and Federal laws and regulations, subject to STATE's IQA to insure that the completed work is acceptable for incorporation into the State Highway R/W. 19. To utilize the services of a qualified public agency or a qualified consultant, in accordance with STATE's Local Assistance Procedures Manual and as confirmed by STATE's District Division Chief of Right of Way, in all matters related to the acquisition of R/W in accordance with STATE's procedures as published in STATE's current Right of Way Manual. Whenever personnel other than personnel of a qualified public agency are utilized, administration of the personnel contract shall be performed by a qualified Right of Way person employed or retained by CITY. 20. To certify legal and physical control of R/W ready for construction and that all R/W parcels were acquired in accordance with applicable State and Federal laws and regulations, subject to review and concurrence by STATE prior to the advertisement for bids for the contract to construct PROJECT. 21. To deliver to STATE legal title to the R/W, including access rights, if any, free and clear of all encumbrances detrimental to STATE's present and future uses not later than the acceptance date by STATE for maintenance and operation of the highway facility. Acceptance of said title by STATE is subject to a review of a Policy of Title Insurance in the name of the State of California to be provided and paid for by CITY. 22. Since the PROJECT construction phase is the subject of a future agreement, CITY in administering and contracting to perform the other phases of the PROJECT, namely design and right of way, agrees to include a "conflict of interest" requirement in the PROJECT design consultant contracts that prohibits that design consultant from being employed or under contract to the future PROJECT construction contractor. 23. If CITY desires to have STATE advertise, award, and administer the construction contract for PROJECT, CITY shall provide STATE with plans in a format acceptable to STATE. Reimbursement to STATE for costs incurred by STATE to advertise, award, and administer the construction contract for PROJECT will be covered in the separate Cooperative Agreement. 24. All aerial photography and photogrammetric mapping shall conform to STATE's current standards. 25. A copy of all original survey documents resulting from surveys performed for PROJECT, including original field notes, adjustment calculations, final results, and appropriate intermediate documents, shall be delivered to STATE and shall become