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HomeMy WebLinkAboutItem 12 Approval of Engineering Design Services for Downtown Streets Redevelopment with CPH, Inc., Taylor Street Right of Way ig4 ocoee florida AGENDA ITEM COVER SHEET Meeting Date: January 15, 2019 Item # / Reviewed By: Contact Name: Stephen C. Krug Department Director: ,. Contact Number: 6002 City Manager: Subject: Engineering Design Services for Downtown Streets Redevelop nt wi h CPH, Inc., Taylor Street Right of Way. Commissioner Firstner, District 3. Background Summary: The Engineering Design Services for the Commission approved Downtown Streets were awarded to CPH, Inc., under RFQ #1705. Public Works and Utilities finalized the scope of services for subsequent Commission approval. One of the projects included in the scope is Taylor Street from McKey Street to Franklin Street, with a roundabout at the two terminal intersections, each featuring a gateway structure. The original survey efforts for Taylor Street discovered there has never been an established public right of way for the street. The first phase of a design project, is to determine the limits of the existing right of way, however in this case, the right of way must be established. This unforeseen step in the process is tedious and time consuming, but must take place for the project to move forward and for the City to have a definitive right of way for Taylor Street. Additionally, the City's coordination with the State's Silver Star Road improvements has extended the limits of the Taylor Street project and increased the design scope. Public Works has negotiated the attached scope of services for the Taylor Street right of way and added design services at $101,322.00, available in the streetscape budget as bonded in the general fund. The other tasks described in the attached proposal will be brought before the Commission for separate approval at a later date. Public Works recommends approval of the work with CPH, Inc. Issue: Request the City Commission to approve the additional Engineering Design Services for the Taylor Street right of way with CPH, Inc. Recommendations: Recommend the City Commission approve the additional Engineering Design Services for the Downtown Streets Redevelopment plan with CPH, Inc., under RFQ # 1705, for Taylor Street for the not to exceed cost of$101,322.00 as funded in the streetscape budget as bonded in the general fund. Also recommend the City Manager be authorized to approve change orders to this contract up to the limit of his purchasing authority for each change order, and up to the budgeted amount for this project for all change orders. Attachments: CPH Scope of Services. Financial Impact: The cost of the Design work is adequately funded in the streetscape budget as bonded in the general fund. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. _OAN/A Review ed by ( ) N/A 2 CITY OF OCOEE DOWNTOWN STREETSCAPE (OAKLAND AVE, TAYLOR ST, McKEY ST, AND KISSIMMEE AVE) FINAL DESIGN SCOPE OF SERVICES Additional Services No. 1 TASK 1 — PROJECT ADMINISTRATION CPH will provide general project management, including, but not limited to communication and coordination with the CITY, preparation of meeting materials and documentation, preparing project billing, preparing invoice report, and tracking project budget and schedule, and attend general project meetings. In addition to the design specific meetings identified below, CPH anticipates up to five (5) stakeholder/coordination meetings as required by the project. CPH understands the CITY is planning a number of improvements to the downtown area, including the City Hall site, Bill Breeze Park improvements, the waterfront improvements, and stormwater master plan. CPH will attend meetings with other City consultants as needed to ensure the streetscape projects and the other proposed improvements are compatible. CPH anticipates and will attend up to ten (10) coordination meetings with other City consultants. CPH will address minor revisions requested by the by CITY within the Design Services Task below. If significant revisions to the plans are requested due to changes in adjacent projects out of CPH's control or after a phase submittal, and resulting in the estimated Staff-Hours to be exceeded, requested revisions will be addressed as additional services. TASK 2—SURVEYING SERVICES Due to the findings of the original surveying efforts, and through coordination with the City, CPH will perform the following additional surveying services. 2.1 — Establish Right of Way: CPH will establish the existing rights-of-way, field locate sufficient boundary monumentation and field verify platted rights-of-way contained within the plats. The following will be used to determine the rights of way for the project area: • Obtain and review Earliest Record title descriptions for twenty (20) additional parcels located within the area of concern and tie into the previously received adjacent title work. • Update the original seven (7) title reports to extend from 100-yr title to Earliest Record. • Calculate the descriptive location of all new title parcels and best fit their locations into our overall control map to help establish continuity in the area. • Depict additional easements, right-of-way agreements, dedications, and any other provided legal conveyances that may affect the overall right-of-way within the project limits that are legible and appear in the provided title work. • Compare previously recovered and identified property corners with the new descriptive corners and locations per the new parcel information. • If pertinent, locate additional property corners based upon the information contained in the newest provided title work. • Combine all new parcel information to adjacent property and merge with previous title information for an overview of block control. • Review final field alignment and compare to existing plats by both qualified description and existing plat field corners noting that any discrepancies will require additional field work to review the area of concern for a more complete analysis. 2.2 — Topographic Survey: CPH will perform a Topographic Survey as per Chapter 5J-17 of the Florida Administrative Code in compliance with the Standards of Practice of Surveying and Mapping of the State of Florida overlap (see attached "Survey Site Exhibit"for limits). • 50' topographic grid of full rights of way with a 20' overlap on each side where accessible along Franklin Street from the existing survey limits, extending westerly approximately 250-ft west. • 50' topographic grid of full rights of way of N. Cumberland Avenue from Oakland Avenue, extending northerly approximately 500-ft to the proposed City Pond. • Topographic survey of the NE corner of Bluford Ave and Delaware St, and the SE corner of Bluford Ave and Lafayette St, from the back of sidewalks to the fence line. • A certified right of way map will not be provided. • Location of trees/shrubbery (size and type only). • Location of all visible improvements within rights of way together with visible utilities. The project coordinate system will be based horizontally on the North American Datum 83 (NAD 83). The project will be referenced to state plane coordinates by field locating published control points. The National Geodetic Survey control points will be researched and verified in the field. This base of reference will be used to establish the coordinate system for the project. The project will be based on the North American Vertical Datum 88 (NAVD 88). The project will be referenced to these published elevations by field locating published benchmarks. The National Geodetic Survey benchmarks will be researched and verified in the field. The following related services are not included in the scope of this proposal, and may or may not be required, but can be provided at an additional fee: ALTA/NSPS Land Title Survey, As- built Survey, Platting, Soil Borings, Wetland Location/Delineation, Ordinary High Water/Mean High Water and Underground Utility Location/Designation. 2.3— Boundary Surveys: CPH will perform two (2) additional Boundary Surveys to include the following Parcel Identifications: 18-22-28-8064-00-340 and 18-22-28-8064-00-481. The prior seven (7) Boundary Surveys will be updated in accordance with the new title records The Boundary Surveys work shall include: • Prepare two (2) new individual signed and sealed Boundary Surveys, and update the original seven (7) Boundary Surveys. Upon completion of design and acceptance by the CITY, CPH will prepare Sketches and Descriptions for the two (2) right-of-way acquisitions and the remainder parcels. 2.4 — Boundary Survey (Proposed Right-of-Way): CPH will perform a Boundary Survey of the proposed right-of-way upon final acceptance of the final plans by the City. The Boundary Survey work shall include: • Monument proposed right-of-way of Kissimmee Ave and Taylor St, from Floral Street to W. Franklin St., and Franklin St, from Taylor St. to approximately 250 feet west. • Signed and Sealed Boundary Survey (Certified right-of-way map). All surveying services will be performed as per Rule Chapter 5J-17 of the Florida Administrative Code in compliance with the Standards of Practice of Surveying and Mapping of the State of Florida. TASK 3—DESIGN SERVICES 3.1 —Roadway Design Services CPH will prepare the Construction Plans and provide Plan Revisions for: • Oakland Avenue, from Lakewood Avenue to Lakeshore Drive • Oakland Avenue Baffle Box to provide water quality treatment • Oakland Ave redesign at Bluford Avenue • Plan updates for the Downtown City Hall Complex • Plan updates for the Stormwater Redesign along Bluford Avenue • Plan updates to address Downtown Stormwater Masterplan revisions • Plan revisions to enlarge the roundabout at Taylor and Franklin, and extending the limits of the project approximately 250-ft west of Taylor. This work effort includes the Oakland Avenue portion east of Lakewood Avenue to Lakeshore Drive, providing for on-street parking and hardscape improvements associated with the City Hall and Lakeshore Park improvements. This work effort includes updating the plans to accommodate revisions to the Oakland Ave corridor and stormwater design revisions to accommodate the Downtown Stormwater Masterplan design. This work effort includes updating the plans to accommodate a larger roundabout as coordinated with the MPO. The revised roundabout will include the analysis to accommodate a WB-62FL truck, and extend the project limits further west. These plans are for the use of the CITY to bid and build the project, and ensure the project is built as designed and to specifications. CPH will design the roadway improvements in accordance with the applicable CITY, FDOT, MUTCD, and ADA design criteria. The Final Design will include the reconstruction/repair techniques for the roadway, horizontal and vertical alignments revisions, and proper cross- section analysis to ensure proper vehicular and ADA connections to existing grade within the CITY's right-of-way or identified easements, and to maintain proper drainage. No traffic analysis or signal design is included within this scope of services. CPH will prepare Traffic Control Plans (Maintenance of Traffic) for the roadway reconstruction. CPH will coordinate with the CITY to prepare the appropriate MOT and/or detour plans. CPH will utilize FDOT Specifications for the roadway construction, incorporating Supplemental Specifications for any revisions, and prepare Technical Specifications for items proposed in the plans not included in the FDOT Specs. The City will be responsible for providing the necessary Front End Documents. CPH will also prepare an Engineer's Estimate of Probable Cost (EEOPC) for each Plan Phase submittal (60%, 90%, and Final). CPH will provide a breakdown of the quantities per customary construction units and pay items necessary to construct the project. Based on the CITY's review of each submittal phase, CPH will address comments, and move forward with preparing the subsequent submittal. If significant revisions to the plans are requested resulting in the estimated Staff-Hours to be exceeded, requested revisions will be addressed as additional services. 3.2—Landscape Design Services Based upon the CITYs Conceptual Landscape Plan of the NE corner of Bluford Ave and Delaware St, and the SE corner of Bluford Ave and Lafayette St, and authorization to proceed, CPH will prepare a Final Landscape Plan that will be a refined drawing of the Conceptual landscape plan that is responsive to review comments from the CITY. CPH will review plant material selection in the concept plan based on site conditions. This drawing will be a construction document added to the Bluford Ave Streetscape drawing set and include modification to the plant list with plant species, quantity and specification updates. CPH shall also revise the landscape plan to show the removal of Date Palms from Bluford Ave Streetscape drawings as identified by the CITY (a tree relocation plan not included). The hardscape drawings will be revised to show the modification of the tree planters to sidewalk. 3.3—Irrigation Design Services Pursuant to CITYs approval of the Final Landscape Plan described above, CPH will prepare an irrigation plan for an automatic irrigation system that responds to the requirements of the landscape design, CITYs design criteria, and the existing irrigation design for Bluford Avenue Streetscape. This drawing will be a construction document and include adjustments to the materials list, watering schedule, irrigation details and general notes regarding implementation requirements as needed. The irrigation drawings will be modified to include the revisions necessary for the removal of the palm tree planters described above. TASK 4—GEOTECHNICAL SERVICES CPH will utilize Bechtol Engineering and Testing, Inc. (BET) (as a sub-consultant) to perform the geotechnical exploration, pavement cores, and soils analyses/tests. Please refer to the proposal as submittal by BET. SERVICES NOT INCLUDED The following services are not provided as part of this Scope of Services and will require an amendment if requested: 1. Post Design Services 2. Construction Engineering and Inspection Services 3. Right-of-Way or Easement acquisition services (except services listed above). 4. Permits or authorization not specifically mentioned in this Scope of Services 5. Any other issues not specifically described in this proposal COMPENSATION Labor CONSULTANT will perform the Scope of Services contained in this Agreement as identified on each task on a lump-sum basis, as identified in the corresponding task of the Scope of Services. The following is the breakdown of fees for each task. OAKLAND AVENUE— East Oakland and Cumberland Survey Task Task Description Billing Method Fee 01. Project Administration Lump Sum $3,940.00 02.2 Surveying Lump Sum $4,995.00 03.1 Roadway Design Services Lump Sum $31,650.00 03.2 Landscape Design Services Lump Sum $3,085.00 03.3 Irrigation Design Services Lump Sum $935.00 04. Geotechnical Services Lump Sum $1,943.00 Estimated Expenses At Cost $698.00 OAKLAND TOTAL Lump Sum $47,246.00 TAYLOR STREET—Additional Title/Survey, Revised Roundabout and Franklin Ext. Task Task Description Billing Method Fee T1. Project Administration Lump Sum $3,940.00 T2.1 Establish Right-of-Way Lump Sum $44,580.00 Title Search Update—6 Parcels Per Each $525.00 Title Search New—20 Parcels Per Each $13,500.00 T2.2 Topographic Surveying Lump Sum $4,560.00 T2.3 Boundary Survey (20 New Parcels and 6 Parcel Updates) Lump Sum $13,660.00 T2.4 Boundary Survey (2 New Prop RMV) Lump Sum $3,300.00 T3. Roadway Design Services Lump Sum $15,760.00 Estimated Expenses At Cost $1,497.00 TAYLOR TOTAL Lump Sum $101,322.00 BLUFORD AVENUE— Bluford Avenue Revisions Task Task Description Billing Method Fee B1. Project Administration Lump Sum $4,710.00 B3.1 Roadway Design Services Lump Sum $28,270.00 B3.2 Landscape Design Services Lump Sum $2,785.00 B3.3 Irrigation Design Services Lump Sum $1,710.00 Estimated Expenses At Cost $562.00 BLUFORD TOTAL Lump Sum $38,037.00 TOTAL ADDITIONAL SERVICES #1 $186,605.00 It is understood that fees for the subject project, including but not limited to, application fees, impact fees, above ground utility relocation design fees, utility connection fees, review fees, etc., will be paid directly by the CITY. CONSULTANT will submit invoices on a monthly basis to the CITY for payment. Lump Sum tasks will be billed as percent complete. In addition to the labor compensation outlined above, CPH shall be reimbursed directly for project specific expenditures such as, but not limited to travel, printing and reprographics, meals, postage, and phone usage. Reimbursable expenses will be billed at their actual cost, without increase. @ 8 8 8 8 8 8 !;1 $ 8 8 8 $ ! 8 8 8 8 8 m 8 9 - - s 3 . a` gli B a 8 x 5,1 5 a3 3i $¢ s at `s ; . a g' !' s a g 18 : 1.. g 1. $ i i lh 0Nw if. 2 . ? I ..».7 » ikgg it 5 dK it n x 8 . ] 11 • € li a. ; I 11 ; I 3 a I if — Fa II - Fa $l 8 - - - § F if E 1! it _ _ _ H ei ; 1 3 ih a g I F g. .I a e .1g ]] 2 5R iq _ fp R » p - - a y '1 2 ss : - ga a s 'i l - x a- i t 2 o . e ii 5a s .. s n f - .. x s f i a s - - s $ rp a ..33 $ 5 a r 5$ 9 b & r 11....»liss n� s I $ a 1 11'� S a » z e ^ 71 121.3 $ ; I-• 1 #» !h1.1:$81! . l. • ;.. .. 1 a� ! ! ..1. . A IIiIihIJiIIiII ! !.i33 1 3 " $. [1. _ a 1 "1 . 11111 i a v 3� 2 E i F 1 11 S 1 ' H $x$ 3 I 0 3 ii 88 a fi, 1 i I gr j I f ad a s l € j c k. 1111191910191111 _ s a . s - r, = a3 G5- ti cr i Afic AMERICAN GOVERNMENT SERVICES CORPORATION Nichole Lunsford Tuesday, October 16, 2018 CPH, Inc. 500 W. Fulton St Sanford, FL 32771 407-322-6841 Ext 1170 nlunsforcMcphcorp.com RE: City of Ocoee Orange County, Florida. Dear Ms. Lunsford: Please accept this letter as confirmation that we can provide Title Search Reports for Title Services. In accordance with your request, I am pleased to submit the following price proposal for the following: Reports to be provided in the form specified at a rate of: • Earliest Public Record TSR Commercial $ 675.00 per chain of title • Shopping Centers/Complex commercial parcels $ will quote • Updates, upon request $ 75.00 per parcel Total estimate is for the 20 new parcels and 7 updates on previous parcels: $14,025.00 * *based upon the commercial properties being from 1 chain of title. To be completed 60working days from notice to proceed. Includes 1 pdf or CD. Our services are provided on a per parcel basis; therefore do not require a quote on an hourly or any other rate basis. DOT Title Research Reports are per report and are charged at per parcel rate. These charges are customary and ordinary. This is to certify that the billing rates contained herein is our normal rates for such services and that the method used to arrive at the rates are the same as for both public and private sector clients. If inflationary increases are requested, this further certifies that proposed increases are consistent with billing rate increases over the past two years. I appreciate the opportunity to work with you on this exciting project. If you have any further questions or need additional information, please don't hesitate to contact me at (813) 933-3355, ext 236. Sincerely, Tammy Mehl Senior Vice President 3812 West Linebaugh Avenue Tampa, Florida 33618 Phone: (813)933-3355 ext 236 Fax: (813) 594-0471 Cell: (813) 334-7467 tmehl@agsres.com BECHTOL ENGINEERING AND TESTING, inc. September 28, 2018 BET Project No. G17175 TO: Mr. Kurt Luman, P.E. CPH, Inc. 500 Fulton Street Sanford, Florida 32771 RE: Supplemental Fee Proposal/Subcontract AGREEMENT- Geotechnical Services Roadway Improvements Downtown Streets Ocoee, Florida Dear Mr. Luman: As requested, Bechtol Engineering and Testing, Inc. (BET) is pleased to submit a Fee Proposal to provide supplemental geotechnical services relative to proposed roadway improvements at the above referenced site. The purpose of BET's services would be to evaluate existing pavement section and subgrade soils characteristics in the areas of the proposed improvements, and based on these characteristics, to provide appropriate subgrade soil preparation recommendations. Based on the results of field and laboratory studies, BET will issue a report summarizing their findings, evaluations and recommendations. BET's proposed scope of services and associated fees are outlined on the attached Technical Plan and Cost Estimate. If the outlined scope of services, fees, and payment terms meet with your approval, please execute the Technical Plan and Cost Estimate and return to BET's office via mail, e-mail or FAX. BET appreciates the opportunity to submit this proposal and looks forward to working with you in the very near future. If you should have any questions,or whenever BET may be of service, please do not hesitate to call. Respectfully, Bechtol Engineering and Testing, Inc. 4. Patel Love B. Patel Project Engineer N:\documents\AA GEO DOCS 2007-Present\Geo 2017\G17175 Supplemental Geotechnical Proposal.wpd CONSULTING GEOTECHNICAL,ENVIRONMENTAL,AND MATERIALS TESTING ENGINEERS 605 West New York Avenue,Suite A•DeLand,FL 32720-5243•Telephone(386)734-8444 FAX(386)734-8541 TECHNICAL PLAN AND COST ESTIMATE - GEOTECHNICAL SERVICES TO: Mr. Kurt Luman, P.E. RE: Roadway Improvements CPH, Inc. Downtown Streets 500 Fulton Street Ocoee, Florida Sanford, Florida 32771 BET Project Number: G17175 ITEM UNIT NO. UNIT COST TOTAL OST 1.0 FIELD SERVICES 1.1 Site Reconnaissance and Boring Layout/Utility Coordination hour 2 $85.00 $170.00 1.2 Mobilization of Men and Equipment-Core and Drill Rigs site 1 450.00 450.00 1.3 Pavement Cores,Patch Core Holes each 2 85.00 170.00 1.4 Standard Penetration Test Borings:-- lineal foot 0 15.00 0.00 1.5 Auger Borings: lineal foot 16 13.00 208.00 Proposed Roadway Realignment/Construction Areas:2 @ 8' 1.6 Field Permeability Test test 0 150.00 0.00 1.7 MOT-Traffic Control hour 2 150.00 300.00 Subtotal-Field Services 1298.00 2.0 LABORATORY SERVICES 2.1 Stratification and Visual Classification of Soil Samples hour 1 $85.00 $85.00 2.2.2 Wash 200 Sieve Analysis test 0 45.00 0.00 2.2.3 Liquid and Plastic Limits(As Required) test 0 95.00 0.00 2.2.4 Moisture Content Determination test 0 15.00 0.00 Subtotal-Laboratory Services 85.00 3.0 ENGINEERING AND TECHNICAL SERVICES 3.1 Principal Geotechnical Engineer hour 1 $175.00 $175.00 3.2 Senior Project Engineer hour 2 120.00 240.00 3.3 Senior Engineering Designer hour 1 90.00 90.00 3.4 Clerical Services hour 1 55.00 55.00 Subtotal-Engineering and Technical Services 560.00 TOTAL ESTIMATED FEE: $1,943.00 SUBMITTED BY: APPROVED BY: Love B. Patel Project Engineer Date: 09/28/2018 Date: Signer hereby accepts all general terms and conditions on reverse side of this agreement,and warrants their full authority to bind CLIENT. GENERAL TERMS AND CONDITIONS PAYMENT TERMS: Payment is due upon receipt of our invoice.If payment is not received within 30 days from the invoice date,the client agrees to pay a finance charge on the principal amount of the past due account of one and one half percent per month or the maximum amount allowed by law.In the event 1.5%per month exceeds the maximum allowable by law,the charge shall automatically be reduced to the maximum allowable by law.In the event the client should request termination of services prior to completion,the laboratory shall be paid in full for all services performed through the termination date and the client shall be provided with a complete report of the results of testing analysis conducted prior to termination.Client agrees to pay Bechtol Engineering and Testing,inc.all costs and expenses of collection,suit,or other legal action,including a reasonable attorney's fee and shall also pay costs,expenses and attorney's fee incurred on appeal or any administrative proceedings. Further,client agrees that the venue on any action hereunder shall be in Volusia County,Florida. STANDARD OF CARE: The only warranty or guarantee made by Bechtol Engineering and Testing,inc.in connection with the services performed hereunder,is that we will use the degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality of the project site.No other warranty expressed or implied is made or intended by our proposal for consulting services or by our furnishing oral or written reports. LIMITATION OF PROFESSIONAL LIABILITY: Client recognizes that actual conditions may vary from those encountered at the location where borings,surveys,or explorations are made by us and that our data, interpretations and recommendations are based solely on the information available to the client. We will be responsible for those data, interpretations and recommendations,but shall not be responsible for the interpretation by others of the information developed. Should we or any of our professional employees be found to have been negligent in the performance of professional services or to have made and breached any expressed or implied warranty,the client agrees that the maximum aggregate amount of our liability and/or that of said professional employees shall be limited to the amount of the fee paid us for professional services. RIGHT OF ENTRY: The client agrees to issue authorization providing free access for the laboratory to the project site and to all shops and yards where materials are prepared or stored. While we take all reasonable precautions to minimize damage to the property,it is understood by client that in the normal course of work some damage may occur,the correction of which is not part of this agreement. UTILITIES: In the prosecution of the work,we will take all reasonable precautions to avoid damage or injury to subterranean structures or utilities.The owner agrees to hold us harmless for any damage to subterranean structures which are not called to our attention and correctly shown on the plans furnished. SAMPLING OR TESTING LOCATION: The fees included in this proposal do not include costs associated with the surveying of the site or accurate horizontal and vertical locations of tests,field tests or boring locations described in the laboratory's report,shown on sketches,based on specific information furnished by others or estimates made in the field by our technicians.Such dimensions,depths or elevations should be considered as approximate unless otherwise stated in the report. SAMPLE DISPOSAL AGREEMENT: Unless otherwise requested,test specimens or samples will be disposed of immediately upon completion of tests and drilling samples or other specimens will be disposed of 60 days after submission of our report.Upon written request,Bechtol Engineering and Testing,inc.will retain test specimens or drilling samples for a mutually acceptable storage charge and period of time. OWNERSHIP AND RETENTION OF DOCUMENTS: All documents including,but not limited to drawings,specifications,reports,boring logs,field notes,laboratory test data,calculations and estimates prepared by Bechtol Engineering and Testing,inc.as instruments of service pursuant to t his agreement,shall be the sole property of Bechtol Engineering and Testing,inc.The client agrees that all documents of any nature,furnished to the client or client's agents or designs designees,if not paid for,will be returned upon demand and will not be used by the client for any purpose whatsoever.At the request and expense of the client,Bechtol Engineering and Testing,inc.will provide the client with copies of documents created in the performance of the work for a period not exceeding five(5)years,following the submission of the report contemplated by this agreement. Bechtol Engineering and Testing,inc.will consider all reports to be confidential and distribute reports only to those persons,organizations or agencies specifically designated,in writing,by the client or his/her authorized representative. SAFETY: The client agrees that,in accordance with generally accepted construction practices,the Contractor will be solely and completely responsible for all working conditions on the job site, including the safety of all persons and property during the performance of the work and in compliance with OSHA regulations and that these requirements will apply continuously and not be limited to normal working hours.Any monitoring of the Contractor's procedures or methods conducted by Bechtol Engineering and Testing,inc.is not intended to include a review of the adequacy of the Contractor's safety measures in,on,or adjacent to the construction site. RESPONSIBILITIES: It is agreed that Bechtol Engineering and Testing,inc.will not assume the liability for the Contractor's means,methods,techniques,sequences or procedures of construction and it is understood that field services provided by the laboratory will not relieve the Contractor of his responsibilities for performing the work in accordance with the plans and specifications.The words supervision,inspection or control are used to mean a periodic observation of the work and the conducting of tests by the laboratory to verify substantial compliance with the plans,specifications and design concepts.Continuous inspection by our employees does not mean that the laboratory is observing the placement of all materials.Full-time inspection means that an employee of the company has been assigned for eight(8)hour days during regular business hours.The laboratory,by the performance of it's services covered hereunder,does not in any way assume,abridge,or abrogate any of those duties,responsibilities or authorities with regard to the project,customarily vested in the project architects,design engineers or other design agencies or authorities.The laboratory is not authorized to revoke or to relax,enlarge or release any requirements of the project specifications or other contract documents,nor to approve or accept any portion of the work,unless specifically authorized in writing,by the client or his authorized representative.The laboratory shall not have the right of rejection or the right to stop work,except for such periods as may be required to conduct the sampling,testing or inspection of operations covered by the agreement. CHANGES: If the laboratory is required to modify the scope of work as described hereunder at the request of the client or if the laboratory determines during the execution of the work that a modification of scope is required,we will promptly seek a mutually agreeable revision of the scope and the associated fees. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS: Hazardous materials or certain types of hazardous materials may exist at a site where there is no reason to believe they could or should be present. Engineer and client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation of the scope of work or termination of services.Engineer agrees to notify client as soon as practically possible should unanticipated hazardous materials be encountered.Client waives any claim against engineer,and agrees to indemnify,defend and hold engineer harmless from any claim or liability for injury or loss arising from engineer's encountering of unanticipated hazardous materials or suspected hazardous materials.