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015599 Distnct Agreement No. 4-l964-C reported to the State Department of Industrial Relations. The contract shall also include the Federal DBE requirements as contained in Title 49 CFR, Part 23. Approval of STATE's financial participation by the California Transportation Commission and the Federal Highway Administration shall be assured prior to award of PROJECT. 22. In recognition that PROJECT construction work done on STATE property will not be directly funded and paid by STATE, for the purpose of protecting stop notice claimants and the interests of STATE relative to successful PROJECT completion, CITY agrees to require the construction contractor furnish both a payment and performance bond in CITY's name with both bonds complying with the requirements set forth in Section 3-1.02 of STATE's current Standard Specifications prior to performing any PROJECT construction work. CITY shall defend, indemnify and hold harmless STATE, its officers and employees from all PROJECT construction-related claims by contractors and all claimants. 23. To construct PROJECT in accordance with plans and specifications of CITY, to the satisfaction of and subject to the approval of STATE. 24. Contract administration procedures shall conform to the requirements set forth in STATE's Construction Manual, Local Assistance Procedures Manual, and the Encroachment Permit for construction of PROJECT. 25. Construction within the existing or ultimate STATE right of way shall comply with the requirements in STATE's Standard Specifications and PROJECT Special Provisions and in conformance with methods and practice specified in STATE's Construction Manual. 26. Construction Surveys shall conform to the requirements set forth in STATE's Survey Manual and Staking Information Pamphlet for construction of PROJECT. 27. To furnish, subject to approval of STATE, a field site representative who is a licensed Civil Engineer in the State of California, to perform the functions of a Resident Engineer. The Resident Engineer shall be a public employee in accordance with LPP 95-07 or Chapter 16 of the Local Assistance Procedures Manual. 28. To furnish qualified support staff, subject to approval of STATE, to assist the Resident Engineer in, but not limited to, construction surveys, soils and foundation tests, measurement and computation of quantities, testing of construction materials, checking shop drawings, preparation of estimates and reports, preparation of As-Built drawings, and other inspection and staff services necessary to assure that the construction is being performed in accordance with the plans and specifications. Said qualified support staff shall be independent of the design engineering company and construction contractor, except that the PROJECT designer may check the shop drawings, do soils foundation tests, test construction materials, and check construction surveys. 29. To pay an amount equal to forty-eight percent (48%) of the actual PROJECT construction cost, estimated to be $7,150,000, but in no event shall CITY's obligation for PROJECT construction costs under this Agreement, excluding costs referred to in Section III, Article 16, exceed the amount $7,150,000, provided that CITY may, at its sole discretion, in writing, authorize a greater amount. 30. To pay an amount equal to one hundred percent (100%) of the actual right of way capital and right of way acquisition costs, and support cost estimated to be $580,000, but in no event shall CITY's total obligation for said PROJECT right of way costs under this 4