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MASTER AGREEMENT # TSM/FCR 5041 Page 4 of 6 3. Unless the parties shall otherwise agree in writing, LOCAL ENTITY's employees or engineering consultant shall be responsible for all engineering work. When construction engineering is performed by STATE, charges therefore shall include an assessment on direct labor costs in accordance with Section 8755.1 of the State Administrative Manual. The portion of such charges not financed at STATE cost shall be paid from funds of LOCAL ENTITY. ARTICLE IV - Right of Way 1. All related rights of way as are necessary for the construction of PROJECT shall be acquired by LOCAL ENTITY, and no contract for construction of PROJECT, or any portion thereof, shall be advertised until the necessary rights of way have been secured. 2. The furnishing of rights of way as provided for herein includes, but may not be limited to: (a) all real property required for PROJECT, free and clear of obstructions and encumbrances; (b) payment of damages to real property not actually taken, but injuriously affected by, the proposed improvement; (c) the cost of relocating owners and occupants pursuant to Government Code Sections 7260-7277; (d) cost of demolition and sale of all improvements on the right of way; (e) cost of all utility relocation, protection, or removal; (f) cost of all hazardous materials and waste clean up; and (g) costs which arise out of delays to the contractor because utility facilities have not been removed or relocated, or because rights of way have not been made available to the contractor for the orderly prosecution of the work. 3. Should LOCAL ENTITY, in acquiring right of way for PROJECT, displace an individual, family, business, farm operation, or nonprofit organization, relocation payments and services shall be provided as required by California Government Code, Sections 7260-7277. ARTICLE V - Miscellaneous Provisions 1. The cost of maintenance performed by LOCAL ENTITY forces during any temporary suspension of the work or at any other time may not be charged to PROJECT.