HomeMy WebLinkAbout2023-051WORK ORDER NUMBER 5
IRC -2001
11th Drive & 37th Street Roadway and Intersection Improvements
This Work Order Number 5 is entered into as of this 7th day of March , 2023 pursuant to
that certain Continuing Contract Agreement for Continuing Geotechnical Engineering dated December 4, 2018,
renewed and amended as of December 7, 2021, collectively referred to as the "Agreement", by and between INDIAN
RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and ANDERSEN ANDRE CONSULTING
ENGINEERS, INC. ("CONSULTANT").
The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit A
(Proposal for Professional Services), attached to this Work Order No. 5 and made part hereof by this reference. The
professional services will be performed by the CONSULTANT for the fees set forth in Exhibit A (Proposal for
Professional Services, Items 1-4), attached to this Work Order and made a part hereof by this reference. Nothing
contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be
deemed to be incorporated in each individual Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above.
CONSULTANT:
ANDERSEN ANDRE CONSULTING
ENGINEERS, INC.
By:
David P. Andre
Title: Principal
By:
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY •�yGpn�ti�rssio^✓F•
Josep H. Ear an, Chairman
BCC Approved Date: March 7. 2023 ' R�✓E s Co����•
Attest: Jeffrey
R. Smith, Clerk of Court and Comptroller
By: C�
Deputy Clerk
Approved:
Michael C. Zito, Interim County
Administrator
Approved as to form and legal sufficiency:
William K. DeBraal, Deputy County
Attorney
4XW21 M-1101,
ANDERSEN ANDRE CONSULTING ENGINEERS, INC.
Geotechnical Engineering
Construction Materials Testing
Environmental Consulting
Indian River County Engineering Department
1801 27h Street, Building `A'
Vero Beach, Florida 32960
Attention: Mr. Robert S. Skok
Infrastructure Project Manager
AACE Proposal No. P23-2555
February 3, 2023
Subject: PROPOSAL FOR CONSTRUCTION MATERIALS TESTING AND INSPECTION SERVICES
11TH DRIVE AND 37TH STREET ROADWAY AND INTERSECTION IMPROVEMENTS
IRC PROTECT No. 2001
INDIAN RIVER COUNTY, FLORIDA
Dear Mr. Skok:
Andersen Andre Consulting Engineers, Inc. (AACE) is pleased to present this proposal for construction materials testing
services during improvements to portions of 11`'' Drive and 37`h Street, as indicated above. The purpose of our services,
as discussed further herein, will be to provide materials testing in general accordance with the project plans and technical
specifications. Our services also include drilled shaft, signal pole anchor bolt and mast -arm connection bolt inspections
as detailed herein.
BACKGROUND INFORMATION
We understand that the roadway and intersection improvement project includes the following scope elements:
• Paving and drainage improvements to approximately 90OLF of 116' Drive, south of 371' Street;
• New roadway construction for the 1 Ph Drive extension for approximately 70OLF north of 37`s Street;
• Drainage improvements within approximately 50OLF of 37`h Street;
• Miscellaneous milling and resurfacing of the intersection of 11`h Drive and 37 h Street;
• The construction of mast -arm traffic lighting mounted on four aluminum signal poles which will be supported by
drilled shafts;
• Incidental sidewalk construction, bus pad construction and driveway restoration.
- Balance ofpage intenlionalyleft blank -
834 SW Swan Avenue, Port St. Lucie, Florida 34983 Ph: 772-807-9191 Fx: 772-807-9192 www.aaceinc.com
11TH DRIVE AND 37TH STREET ROADWAY AND INTERSECTION IMPROVEMENTS Page -2
IRC PROJECT No. 2001
RACE Proposal No. P23-2555
SCOPE OF SERVICES
Based on our review of the Contract Plans (roadway) prepared by MBV Engineering, Inc. (dated October 2022) and the
Contract Plans (signalization improvements) prepared by Kimley-Horn (dated April 2022) , we understand that required
QC services will include the elements listed below:
• Density testing for all embankment, subgrade and base rock used for roadway construction;
• Density testing for all drainage improvements (including various conduits and utility deflections/conflicts);
• Density testing of sidewalk, driveway and bus pad subgrade;
• Concrete compressive strength testing for curbing, driveways, sidewalks, ADA ramps and drilled shafts;
• Perform limited asphalt inspection and testing services, both in the field and at the plant;
• Drilled shaft inspections and testing for the four mast -arm lighting assemblies and pols. Additionally, we will
coordinate the inspection of signal pole anchor bolts and mast -arm connection bolts at each signal location (in
general accordance with FDOT Standard Specification 649 (Galvanized Steel Poles, Mast Arms & Monotube
Assemblies) and also FDOT's Standard Index 17745 (Mast Arm Assemblies). These services will be performed
by our subconsultant, Johnson, Mirmiran and Thompson QMT);
• Performing all necessary laboratory testing services to support the above -listed field testing services (e.g., Proctor,
LBR, percent -fines, organic content, asphalt gradation/extraction, etc.).
Based upon our understanding of the project plans and our prior experience with projects similar to this one, we estimate
the cost of the services will be approximately43$ ,851.00. The actual cost of AACE's testing services will be a function of
work actually performed in accordance with the attached unit fee schedule (in accordance with the continuing service
contract between Indian River County and AACE, Contract #20211207). Contractor efficiency, methodology and changes
in testing frequencies may affect the testing cost. We will notify you in advance if it appears that the cost estimate will be
exceeded.
To authorize us to proceed with this project, please execute and return to us a copy of the attached Project Agreement form
or a Purchase Order number. If you have any questions or if we can provide any additional information, please feel free
to contact us at your convenience.
Best Regards,
ANDERSEN ANDRE CONSULTING ENGINEERS, INC.
David P. Andre, P.E. Peter G. Andersen, P.E.
Principal Engineer Principal Engineer
ANDERSEN ANDRE CONSULTING ENGINEERS, INC.
WWW.AACEINC.COM
11TH DRIVE AND 37TH STREET ROADWAY AND INTERSECTION IMPROVEMENTS
IRC PRojECT No. 2001
RACE Proposal No. P23-2555
Page -3-
ITEM #1: Field and Lab Testing of Roadway Construction
• In -Place Density Testing of Roadway Embankment, Stabilized Subgrade and Base Course;
- 85 tests @ $25.00/test (minimum 4 tests per hour, per trip) .........................................
$2,125.00
• In -Place Density Testing of Excavation Backfill for Removal of Old Storm Drainage;
$4,250.00
- 50 tests @ $25.00/test (minimum 4 tests per hour, per trip) .........................................
$1,250.00
• In -Place Density Testing of Storm Drainage Trench & Excavation Backfill;
- 250 tests @ $25.00/test (minimum 4 tests per hour, per trip) ........................................
$6,250.00
• In -Place Density Testing of Misc. Deflections & Conflicts;
$512.00
- 25 tests @ $25.00/test (minimum 4 tests per hour, per trip) ...........................................
$625.00
• In -Place Density Testing of Sidewalk, Driveway, Bus Pad Subgrade;
- 40 tests @ $25.00/test (minimum 4 tests per hour, per trip) .........................................
$1,000.00
• Moisture/Density Relationship (Proctor) Testing: 6 tests @ $91.00/test..................................
$546.00
• LBR Testing (Stabilized Subgrade, Base Rock); 5 tests @ $315.00/test.................................
$1,575.00
• Compressive Strength Testing of Concrete (Sidewalk, Curb, Bus Pad, Driveways, etc.)
- 12 sets of concrete cylinders @ $95.00/set. . I ....................................................
$1,140.00
• Engineering Technician (man-hours for sample collection, limited standby, etc.)
$2,988.00
- 100 hours @ $63.00/hour....................................................................6
3$ 00.00
Item #1 Subtotal: ...........................................
$20,811.00
ITEM #2: QC Services During Paving Operations
• Asphalt Plant Inspection - Senior Transportation/Roadway Technician;
- 2 Days x 10 hours/day @ $85.00/hr. x 1.5 (nighttime testing rate) ................................... $2,550.00
- Asphalt Content and Extraction/Gradation Testing; 2 samples x $210.00/sample ........................ $420.00
• Roadway Coring (2 Coring Events)
- Engineering Technician (for Roadway Coring - 2 techs. required for all coring);
2 events @ 8 hours/event x @ $63.00/hour x 2 technicians ........................................ $2,016.00
- Coring Mobilization; 2 events x $100.00/mob..................................................... $200.00
- Core Machine Usage; 2 days x $150.00/day....................................................... $300.00
- Generator Usage; 2 days x $50.00/day............................................................ $100.00
- Specific Gravity Testing (Unit Weight) of Cores; 8 cores x $37.00/core................................. $296.00
• Snr. Project Engineer (Pre -Pave Mtg., Test Review, etc.); 10 hours x $128.00/hour.......................$1,280.00
Item #2 Subtotal: ............................................ $7,162.00
ITEM #3: Signalization Drilled Shaft and Anchor/Connection Bolt Inspections
• Drilled Shaft Inspection and Testing:
- Senior Transportation/Roadway Technician (drilled shaft (4) inspections, includes Pre -Con mtg.);
50 hours @ $85.00/hour.......................................................................
$4,250.00
• Drilled Shaft Concrete Testing; 4 sets of concrete specimens @ $95.00/ set ..................................
$380.00
• Senior Field Technician (CTQP/FDOT Concrete Field Technician, if needed during pours);
-24 hours @ $63.00/hour.......................................................................
$1,512.00
• Senior Project Engineer; 4 hours @ $128.00/hour.....................................................
$512.00
• Anchor/Connection Bolt Inspections:
Since the contractor's proposed assembly methodology is currently unknown, we have assumed that
separate technician -visits will be required for each of the four anchor assemblies, and also for each
mast -arm connection (for a total of 8 technician -visits). Further, we have assumed that a bucket truck
will be available for our use. Finally, we have budgeted limited standby time during this effort in the
event that MOT requires adjusting, the bucket truck is delayed, etc. However, we have assumed that
all inspections will occur during normal working hours/days (M -F, 7am-5pm).
Senior Field Technician (Bolted Connections): 6 visits x 6 hours/visit @ $83.00/hour ......................
$2,988.00
• Senior Project Engineer: 4 hours @ $128.00/hour.....................................................
$512.00
• Professional/Administrative Man-hours (Engineering Consultations, Reporting, etc.):
- Senior Project Engineer; 3 hours @ $128.00/hr.......................................................
$384.00
- Technical Secretary; 5 hours @ $50.00/hr............................................................
$250.00
Item #3 Subtotal: ..................................
$10,788.00
11TH DRIVE AND 37TH STREET ROADWAY AND INTERSECTION IMPROVEMENTS
IRC PRojEcr No. 2001
RACE Proposal No. P23-2555
Page -4-
ITEM #4: Professional/Administrative Services Estimate:
• Snr. Project Engineer:
- Limited Meeting Attendance - 10 hours x $128.00/hour......................................... $1,280.00
- Project Coordination, review of testing results; 20 hours x $128.00/hour ............................ $2,560.00
• Technical Secretary; 25 hours x $50.00/hour....................................................$1,250.00
Item #5 Subtotal: ............................................ $5,090.00
PROTECT TOTAL:. $43,851.00
TERMS AND CONDITIONS
(1) Unit rates apply to standard working days, Monday through Friday, 7:00 a.m to 6:00 p.m. Testing and hourly rates
will be increased by 50% for weekend, holiday or after-hours services (i.e., services performed before 7:00 am or
after 7:00 pm). Our man-hour rates as presented herein are based on day -time testing only. No allowances for
nighttime work are reflected in our fee.
(2) The contractor (or County personnel) should contact Andersen Andre Consulting Engineers, Inc. at (772) 807-9191
a minimum of 24 hours prior to any testing and 48 hours prior to weekend and evening work.
(3) If our testing estimate for a specific work element is insufficient for that particular activity, resources from another
work element can be used without prior authorization from the client as long as our total cost estimate is not
exceeded. We will notify you in advance if it appears that the cost estimate presented in the attached unit fee
schedule will be exceeded.
(4) AACE has not been provided with the selected Contractor's proposed schedule (i.e.; paving days, FDR days, etc.).
Therefore, man-hours and associated testing quantities are based on our experience with similar projects. It is
possible that our testing budget may require revision based on contractor efficiency, methodology and scheduling.
(5) Soil sample and concrete cylinder pickup for laboratory testing (e.g., Proctor, LBR testing, compressive strength,
etc.) will be billed at $63.00/hour if not scheduled with other work.
(6) Our services do not include reviewing, monitoring or reporting any aspect of the required Maintenance of Traffic
(M.O.T.) that may be required for this project.
(7) AACE's field technicians and engineers do not direct or witness the performance of any work. Neither the presence
of an AACE representative on-site nor the observation and testing performed by our firm implies AACE's
responsibility for defects discovered in the construction work.
(8) RACE will not be responsible for job or site safety for this project; job site safety will be the sole responsibility of
the contractor.
(9) AACE will not have stop -work authority. Should our representatives encounter materials or workmanship that,
either based on direct testing or on our experience with similar projects, does not appear to meet the engineering
plans and specifications, we will notify Indian River County immediately. Results will not be relayed to the
Contractor without prior consent of the County.
(10) We understand that no FDOT Earthwork/Density Log Book will be required for this project.
ANDERSEN ANDRE CONSULTING ENGINEERS, INC.
WWW.AACEINC.COM
ANDERSEN ANDRE CONSULTING ENGINEERS, INC.
PROFESSIONAL SERVICES AGREEMENT
Project Name: 11th Drive and 37th Street Roadway and Intersection Improvements
IRC Protect No. 2001
Client: Indian River County
Attention: Mr. Robert Skok
AACE Proposal No: P23-2555
Address: 1801 27th Street, Building `A'
Vero Beach, Florida 32960
Client hereby requests and authorizes Andersen Andre Consulting Engineers, Inc. ("AACE") to perform the following
services:
Provide materials testing services during the 11th Drive and 37th Street Roadway and Intersection Improvement Project, as
described herein.
Estimated Budget:
$43,851.00
Payment Terms:
Net 30 days from invoice date; invoices will be sent every four weeks for continued or extended projects. Interest charges, V/2%
per month following the due date.
Proposal Acceptance:
By accepting this Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Andersen Andre
Consulting Engineers, Inc.'s General Conditions appearing on the reverse side of this page are incorporated herein by reference.
In the event this Professional Services Agreement was received by facsimile or via email, Client hereby confirms that the above
described Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Andersen Andre
Consulting Engineers, Inc.'s General Conditions have been made available and are incorporated in this agreement.
PURSUANT TO FLORIDA STATUTES SECTION 558.0035 (2013) AN INDIVIDUAL EMPLOYEE OR
AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.
Accepted by CLIENT:
By:
Name:
Title:
Date:
Billing Address:
Phone No.
Accepted for AACE:
By.
Name: David P. Andre, P.E.
Title: Principal Engineer
Date: February 3, 2023
GENERAL CONDITIONS
1- Parties And Scope Of Work: Andersen Andre Consulting Engineers, Inc. (hereinafter
referred to as "AACE') shall include said company, its individual professionals, particular
division, subsidiary or affiliate performing the Work. "Work" means the specific
geotechnical, analytical, testing, environmental or other service to be performed by AACE
as set forth in AACE's proposal, the Client's acceptance thereof, both incorporated herein
by this reference, and these General Conditions. "Client" refers to the person or business
entity ordering the Work to be done by AACE. If the client is ordering the Work on behalf
of another, the Client represents and warrants that the Client is the duly authorized agent
of said party for the purpose of ordering and directing said Work. Further, Client shall
disclose any such agency relationship to AACE in writing before the commencement of
AACE's Work hereunder. Client agrees that AACE's professional duties are specifically
limited to the Work as set forth in AACE's proposal. The Client assumes sole responsibility
for determining whether the quantity and the nature of the Work ordered by the Client is
adequate and sufficient for the Client's intended purpose. Client shall communicate these
General Conditions to each and every third parry to whom the Client transmits any part of
AACE's Work. AACE's Work is for the exclusive use of Client, and its properly disclosed
principal. In no event shall AACE have any duty or obligation to any third parry. The
ordering of Work from AACE shall constitute acceptance of the terms ofAACE's proposal
and these General Conditions.
2 - Scheduling of Work: If AACE is required to delay commencement of the work, or if,
upon embarking on its work, RACE is required to stop, delay or otherwise interrupt the
progress ofwork as a result of changes in the scope ofwork requested by the client, to fulfill
the requirements of third parties, interruptions in the progress of construction, or other
causes beyond the exclusive reasonable control of AACE, additional charges will be
applicable and payable by the Client.
3 - Responsibility: AACE's work shall not include determining, supervising, or
implementing the means, methods, techniques, sequences or procedures of construction.
AACE shall not be responsible for evaluating, reporting or affecting job conditions
concerning health, safety or welfare. AACE's work or failure to perform same shall not in
any way excuse any contractor, subcontractor or supplier from performance of its work in
accordance with the contract documents.
4 - Payment: Payment shall be due within 30 days after date of invoice. Interest at the rate
of 18% per annum (or the highest rate allowable by law) from 30 days after date of invoice
to date payment is received will be added to all amounts not paid within 30 days after date
ofinvoice. All attorney fees and expenses associated with collection ofpast due invoices will
be paid by Client.
5 - Right -of -Entry: Unless otherwise agreed, Client will famish right -of -entry on the
property for RACE to make the planned borings, surveys, and/or explorations. AACE will
take reasonable precautions to minimize damage to the property caused by its equipment
and sampling procedures, but the cost of restoration or damage which may result from the
planned operations is not included in the contracted amount. If Client desires to restore the
property to its former condition, AACE will accomplish this and add the cost to its fee.
6 - Damage to Existing Man-made Objects: It shall be the responsibility of the Owner
or his duly authorized representative to disclose the presence and accurate location of all
hidden or obscure man-made objects relative to field tests, sampling, or boring locations.
When cautioned, advised or given data in writing that reveal the presence or potential
presence of underground or overground obstructions, such as utilities, AACE will give
special instructions to its field personnel. As evidenced by your acceptance of this proposal,
Client agrees to defend, indemnify and save harmless AACE from all claims, suits, losses,
personal injuries, death and property liability resulting from subsurface conditions or
damages to subsurface structures or man made objects, owned by Client or third parties,
occurring in the performance of the proposed work, whose presence and exact locations
were not revealed to AACE in writing, whether such claims or damages are caused in whole
or in part by AACE, and agree to reimburse AACE for expenses in connection with any
such claims or suits, including reasonable attorney's fees. Client's obligation to indemnify
is limited to $1 million per occurrence, which Client agrees bears a reasonable commercial
relationship to the Work undertaken by AACE. Client further agrees that these general
conditions are a part of the Work's specifications or bid documents, if any.
7 - Warranty and Limitation of Liability: AACE shall perform services for Client in a
professional manner, using that degree of care and skill ordinarily exercised by and consistent
with the standards of competent consultants practicing in the same or a similar locality as the
project. In the event any portion of the services fails to comply with this warranty obligation
and AACE is promptly notified in writing prior to one year after completion of such portion
of the services, AACE will re -perform such portion of the services, or if re -performance is
impracticable, AACE will refund the amount of compensation paid to AACE for such
portion of the services.
This warranty is in lieu of all other warranties. No other warranty, expressed or implied,
including warranties of merchantability and fitness for a particular purpose is made or
intended by the proposal for consulting services, by furnishing an oral response of the
findings made or by any representations made regarding the services included in this
agreement. In no event shall AACE be liable for any special, indirect, incidental, or
consequential loss or delay or time -related damages. The remedies set forth herein are
exclusive and the total liability of consultant whether in contract, tort (including negligence
whether sole or concurrent), or otherwise arising out of, connected with or resulting from
the services provided pursuant to this Agreement shall not exceed the total fees paid by
Client or $50,000.00, whichever is greater. Client may, upon written request received within
five days of Client's acceptance hereof, increase the limit of AACE's liability by agreeing to
pay AACE an additional sum as agreed in writing prior to the commencement of AACE's
services. This charge is not to be construed as being a charge for insurance of any type, but
is increased consideration for the greater liability involved.
For services involving or relating to pollution, it is further agreed that the Client shall
indemnify and hold harmless AACE and their consultants, agents and employees from and
against all claims, damages, losses and expenses, direct and indirect or consequential
damages, including but not limited to fees and charges of attorneys and court and
arbitration costs, arising out of or resulting from the performance of the work by RACE,
or claims against AACE arising from the work of others. This indemnification provision
extends to claims against AACE which arise out of, are related to, or are based upon, the
disposal, discharge, escape, release or saturation of vapors, fumes, acids, alkalis, toxic
chemicals, liquids, gases or any other material, irritant, contaminant or pollutant in or into
the atmosphere or on, onto, upon, in or into the surface or subsurface. Client's obligation
to indemnify is limited to $1 million per occurrence, which Client agrees bears a reasonable
commercial relationship to the Work undertaken by AACE. Client further agrees that
these general conditions are a part of the Work's specifications or bid documents, if any.
8 - Sampling or Testing Location: Unless specifically stated to the contrary, the fees
included in this proposal do not include costs associated with professional land surveying
of the site or the accurate horizontal and vertical locations of tests. Field tests or boring
locations described in our report or shown on our sketches are based on specific
information furnished to us by others or estimates made in the field by our technicians.
Such dimensions, depths or elevations should be considered as approximations unless
otherwise stated in the report.
9 - Sample Handling and Retention: Generally test samples or specimens are consumed
and/or substantially altered during the conduct of tests and RACE, at its sole discretion,
will dispose (subject to the following) of any remaining residue immediately upon
completion of test unless required in writing by the Client to store or otherwise handle the
samples. (a) NON HAZARDOUS SAMPLES: At Client's written request, AACE will
maintain preservable test samples and specimens or the residue therefrom for thirty (30)
days after submission of AACE's report to Client free of storage charges. After the initial
30 days and upon written request, AACE will retain test specimens or samples for a
mutually acceptable storage charge and period of time. (b) HAZARDOUS OR
POTENTIALLY HAZARDOUS SAMPLES: In the event that samples contain
substances or constituents hazardous or detrimental to human health, safety or the
environment as defined by federal, state or local statutes, regulations, or ordinances
("Hazardous Substances" and "Hazardous Constituents", respectively), AACE will, after
completion of testing and at Client's expense: (1) return such samples to Client; (it) using
a manifest signed by Client as generator, will have such samples transported to a location
selected by Client for final disposal. Client agrees to pay all costs associated with the
storage, transport, and disposal of such samples. Client recognizes and agrees that AACE
is acting as a bailee and at no time does AACE assume title of said waste.
10 - 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. AACE 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. AACE and Client also agree that the discovery
of unanticipated hazardous materials may make it necessary for AACE to take immediate
measures to protect health and safety. AACE agrees to notify Client as soon as practicable
should unanticipated hazardous materials or suspected hazardous materials be encountered.
Client encourages AACE to take any and all measures that, in AACE's professional
opinion, are justified to preserve and protect the health and safety of AACE's personnel
and the public. Client agrees to compensate AACE for the additional cost of working to
protect employees' and the public's health and safety. In addition, Client waives any claim
against AACE, and agrees to defend, indemnify and save AACE harmless from any claim
or liability for injury or loss arising from AACE's discovery of unanticipated hazardous
materials or suspected hazardous materials. Client also agrees to compensate AACE for
any time spent and expenses incurred by RACE in defense of any such claim, with such
compensation to be based upon AACE's prevailing fee schedule and expense
reimbursement policy relative to recovery of direct project costs.
11- joint and Several Liability: The concept of joint and several liability is basically this:
When two or more parties are considered responsible for causing injury or damage, anyone
of the parties may be made to provide compensation for as much as 100% of the damages
assessed. When applied to hazardous materials projects, it is possible that the concept of
joint and several liability could be construed to make AACE partly or wholly responsible
for damages created directly or indirectly by the hazardous materials. Client agrees that it
would be unfair for AACE to be exposed to such an action, because AACE had nothing
whatsoever to do with the creation of the hazardous condition. Accordingly, Client waives
any claim against AACE, and agrees to defend, indemnify and save AACE harmless from
any claim or liability for injury or loss arising from application of a joint and several liability
concept that would, in any manner, hold or seek to hold AACE responsible for creating
a hazardous condition or permitting one to exist. Client also agrees to compensate AACE
for any time spent and expenses incurred by AACE in defense of any such claim, with such
compensation to be based upon AACE's prevailing fee schedule and expense
reimbursement policy relative to recovery of direct project costs.
12 - Legal jurisdiction: The parties agree that any actions brought to enforce any
provision of this Agreement shall only be brought in a court of competent jurisdiction
located in St. Lucie County, Florida. All causes of action arising out of AACE's Work shall
be deemed to have accrued and the applicable statutes of limitation shall commence to run
not later than either the date of substantial completion of the Work for acts or failures to
act occurring prior to substantial completion, or the date of issuance of final payment for
acts or failures to act occurring after substantial completion of the Work.
13 - Force Majeure: RACE shall not be held responsible for any delay or failure in
performance of any part of this Agreement to the extent such delay or failure is caused by
fire, flood, explosion, war, strike, embargo, government requirement, civil or military
authority, acts of God, act or omission of subcontractors, carriers, client or other similar
causes beyond its control.