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C16-56AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 4`r' day of October, 2016, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and Epic Land Solutions. Inc. whose address is 3850 Vine Street, Suite 200 Riverside, CA. 92507 ("CONTRACTOR"). RECITALS This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement: A. CITY desires to engage CONTRACTOR to provide Right of Way Support Services for Potrero Interchange; and B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "A"; and C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows: 1. Term of A reement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Not with standing anything in this Agreement, this Agreement shall automatically terminate after one (1) year unless extended by the parties with the approval of the City Council of the CITY. 2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") as follows: Right of Wary Support Services for Potrero Interchange and any other services which the City may request in writing from time to time. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates Kim Bibolet, as CONTRACTOR'S professional responsible for overseeing the Services provided by CONTRACTOR. 3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY. Page 1 of 10 4. Compensation. 4.01 CITY agrees to pay CONTRACTOR the amount as set forth in the Proposal. CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Not with standing anything in this Section 4, total fees and charges paid by CITY under this Agreement shall not exceed amount to be determined as needed without approval by the City Council of CITY. 4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing. 4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15"') of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY'S: a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule; b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct; C. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment. 4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advice CONTRACTOR in writing of the disputed portion. 5. Obligations of CONTRACTOR. 5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement, or contain additional terms other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect. 5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all 2 personnel, materials and equipment required to perform the Services. CONTRACTOR shall provide its own offices, telephones, vehicles and computers and set its own work hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement. 5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports. 5.04 CONTRACTOR is responsible for paying, when due; all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker's compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR's failure to comply with this provision. 5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations. 5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity. 5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States. 5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any CalPers retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY's advance written approval. 5.09 Drug-free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace. 5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder. 3 6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal -OSHA - Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. CONTRACTOR shall provide the following types and amounts of insurance: 6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured's CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6. 6.02 Business Auto Coverage in an amount no less than $1 million per accident. If CONTRACTOR or CONTRACTOR's employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person. 6.03 Workers' Compensation coverage for any of CONTRACTOR's employees that will be providing any Services hereunder. CONTRACTOR will have a state -approved policy form_ providing statutory benefits as required by California law. The provisions of any workers' compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents. 6.04 Optional Insurance Coverage. Choose and check one: Required _X /Not Required Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY. 7. General Conditions pertaining to Insurance Coy_ erage 7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise. 7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. 7.03. All required policies shall be issued by a highly rated insurer with a 4 minimum A.M. Best rating of "A:VII" ). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY. 7.04 Self-insurance does not comply with these insurance specifications. CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non-contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY. 7.05 All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY's protection without CITY's prior written consent. 7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. 8. Indemnification. 8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein. a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR"s agents and/or employees) is alleged to be an employee of CITY. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY. b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. 9. Additional Services. Changes and Deletions. 9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services. CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing. 9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council. 10. Termination of Aix cement. 10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (2 0) days' written notice to CONTRACTOR. 10.02 In the event of ten- nination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY. 11. Status of CONTRACTOR. 11.01 CONTRACTOR shall perform the Services in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY's City Manager as provided for in this Agreement. 11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, CalPers, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, 6 disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors. 11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of CITY and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the CITY is located. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the fall authority to bind CONTRACTOR to this Agreement. 12. Ownership of Documents; Audit. 12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY. 12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY. 12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY's agents for examination all of such records and shall permit CITY's agents to audit, examine and reproduce such records. 13. Miscellaneous Provisions. 13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties. 7 13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY's conflict of interest policy. 13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs, in addition to any other relief to which that party may be entitled. 13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of Califoznia. 13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder. CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor. 13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements of Government Code section 87100 et seq, and section 1090 in the performance of and during the term of this Agreement. 13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR. IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above -written. C Es IC E CONTRACTOR: By: Print I � � M�j ME �Mj_A� M"o 4 1 EXHIBIT "A" PROPOSAL Epic Land'Solutions, Inc. 3850 Vine Street, Suite 200 Riverside, CA 92507 Phone: (951.)'3214800 Fax: (951) 321-1836 September 23, 2016 Amer Jakher, Public Works Director; City Engineer City of Beaumont 550 E. 61h Street Beaumont, CA 92223 RE: Proposal to provide Right of Way Support Services for the State Route 60/Potrero Interchange Improvements Project Dear Mr. Jakher: Epic Land Solutions, Inc. (Epic) is pleased to assist the City of Beaumont (City) with providing the necessary services under this proposal. Epic is prepared to move forward with this project once we receive the Notice to Proceed (NTP). PROJECT UNDERSTANDING: The State Route 60/Portero Interchange Improvements Project involves construction of a new interchange and re -aligned Western Knolls Avenue. The project has been designed to provide traffic relief and improve traffic operation. The Project has been partially completed and the City has performed some of the right of way tasks related to the project. Time is of the essence and the City has a goal to certify the project in the next 120 days, so that funding is not jeopardized. The City needs a right of way consulting team to review the files, make recommendations on areas needing attentionfor Caltrans certification, execute those recommendations in a timely manner. SCOPE OF WORK: Project Management Epic will interface with the City and Caltrans to manage the scope and schedule of the project. Epic will oversee: all activities performed under this Contract which include .coordination/preparation of meetings, provide periodic progress reports to the City and maintenance/quality control of project files. CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD W .Epic a,rtaxipin Acquisition File Review/Audit Per the Right of Way Data Sheet, our assumption is that there are files for eight (8) property owners that need to be reviewed. Epic will utilize our right of way and Caltrans experience to perform a thorough review of the acquisition files, Our project closeout checklist will assist us in determining whether or not all the appropriate steps have been taken during the negotiation process and all documents; as required by Caltrans, have been obtained so that Right of Way Certification can be achieved. It is assumed that possession of all eight (8) properties have been obtained, but if there are missing documents or clarifications necessary, Epic will work with the City or appropriate party in obtaining what is needed and reaching a resolution, if additional work is required, Epic would be happy to assist the City with Acquisitions/Negotiations. That service can be provided for an additional fee and is not included in this scope. Utility Relocation Coordination Per the Right of Way Data Sheet, our assumption is that there are four (4) utility files that need to be reviewed which include Southern California Edison, Southern California Gas Company, City of Beaumont (Sanitary sewer) and the Beaumont -Cherry Valley Water District. It is assumed that all the utilities in the project area have been identified, as -built plans have been obtained and cost liability determinations have been made. SouthernCaliforniaEdison (SCE) will require relocation as part of this project. It is our understanding that the Notice to Relocate has been prepared, SCE provided relocation plans and they have been accepted by design for the conflicts impacted by Phase 1 of the project, however the Utility Agreement has yet to be prepared and executed. Epic will work with SCE in obtaining relocation plans for Phase 2 and obtaining_ the necessary approval from design. Epic will prepare the Utility Agreement, compliant with Buy America requirements, and work with SCE to complete this task for the conflicts located in both Phase 1 and Phase 2 of the project. We will review and maintain files as provided for in the Caltrans Right of Way Manual, documenting relocations and communications with the utilities involved. Right of Way Certification Currently, the project is designed to be constructed in two phases. It is assumed that Epic will obtain two Caltrans right of way certifications, level 1 or level 2, for this on system project. Epic will prepare the submittal package that will include the certification form and compilation of the necessary backup documents. The acquisition package generally includes; recorded deeds, final orders of possession, access agreements, cooperative agreements and permits among other documents. Epic's Utility Coordinator will provide the utility portion of the Right of Way Certification documents which include the Notice to Relocate, the approved relocation pians and the executed Utility Agreement. Epic will prepare cost estimates for any utilities as necessary, and incorporate this information into a Right of Way Data Sheet as required by Caltrans. CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD FEE SCHEDULE: Epic_is prepared to provide the work described irrthis proposal on a not to exceed basis for a total of $24,286. An estimate of fees for the above listed scope is attached. Epic appreciates the opportunity to be of service to the City Of Beaumont and we are committed to delivering the best service possible. Please don't hesitate to contact me at (451) $21-4740 or KimBibolet@EpicLand.com with any questions. Sincerely, Kim Bibolet, SR/WA, R/W-NAC Project Manager CC: Casey Overcamp CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD Epic Land Solutions, Inc. RCTC - SR-60/Portero lnterchan a ..... ements Project proposal 23-Sep-16 Advisory Manager Project Manager Sen[orAgent Utility Relocation Manager Support Karen Starr Kim Bibolet Mike Harris Curtis Blbolet Ryan Villa Fully Burdened Labor Rates $245.22 $157.86 $100.24 $114.76 $42.69 f Acquisition/Relocation Services: Total Hours Total per Task Project Management/PDT Meetings 4 20 24 $3,978 Acquisition File Review/Audit w (assumes 8 files) Utility File Review ( assumes 4 files) Utility Relocation Coordination (assumes SCE relocation for Phase 1 and Phase 2) 16 40 20 8 4 64 $6,877 4 28 $3,097 4 32 36 $4,304 Right of Way Certifications SUBTOTAL 2 16 20 6 44 $5,630^ 6 60 60 58 12 196 $23,886 — -- -- — Other Direct Costs -_^ Mileage--.... $250 Postage/Overnight Packages v, -___ - $150 $UBTOTALOlks $400 —T _ --__ $24,286 TOTAL SERVICES TaskA'ssumptions: _ *Assumes 4 PDT meetings will be attended by the PM, i per manth.,,,, ted been comted and deecisforders of possession have been obtained.— • Assumesacquisition services le _...__. _....... ._ 'Assumes 8 acquisition files are to be reviewed. *Assumes 4 utility files are to be reviewed. •Assumes any existing utilities within the state highway right of way have been approved by Caltrans and have a Caltrans Encroachment permit. . *Assumes any high risk utilities can be designed around cr protected in place. *Assumes 2 Caltrans Certifications are to be obtained,1 for each phase.