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û15599 Distnct Agreement No. 4-1964-C 12. CITY shall require the utility owner andlor its contractors performing any work within STATE's right of way to obtain a STATE encroachment permit prior to the performance of said work. 13. To perform all right of way activities, including all eminent domain activities, if necessary, at no cost to STATE, in accordance with procedures acceptable to STATE, and in compliance with all applicable State and Federal laws and regulations, subject to STATE oversight to ensure that the completed work is acceptable for incorporation into the State highway right of way. 14. To prepare Right of Way Engineering Hard Copies and Right of Way Appraisal Maps in accordance with the State of California Right of Way Manual, Chapter 6 - Right of Way Engineering, the State of California Drafting and Plans Manual, the State of California Surveys Manual Chapter 10, applicable State laws, and other pertinent reference material and examples as provided by STATE. 15. To have all necessary Right of Way Maps and Documents used to acquire right of way by the 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" 16. To submit to STATE for review and acceptance all Right of Way Engineering Hard Copies and Right of Way Appraisal Maps with appurtenant back-up and reference data prior to preparation of legal descriptions and acquisition documents. 17. To utilize the services of a qualified public agency as determined by the STATE Deputy District Director of Right of Way in all right of way acquisition related matters in accordance with STATE procedures as contained in Right of Way Manual Chapter 17. 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. 18. To certify legal and physical control of right of way ready for construction, and that all rights of way 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 construction of PROJECT. 19. To deliver to State legal title to right of way, including access rights, free and clear of all encumbrances detrimental to STATE's present and future uses not later than the date of acceptance by STATE of 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 STATE's name to be provided and paid for by CITY. 20. To complete the Record Title Transfer documents. 21. To advertise, award, and administer the construction contract for PROJECT in accordance with requirements of the State Contract Act and the California Labor Code, including its prevailing wage provisions. Workers employed in the performance of work contracted for by CITY, andlor performed under encroachment permit, are covered by provisions of the Labor Code in the same manner as are workers employed by STATE's Contractors. CITY shall obtain applicable wage rates from the State Department of Industrial Relations and shall adhere to the applicable provisions of the State Labor Code. Violations shall be 3 '-"'r