14-R-94 - Jackson A&E Associates, Inc.RESOLUTION NO. 14 -R -94
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN AMENDED PROFESSIONAL
SERVICES AGREEMENT WITH JACKSON A &E ASSOCIATES, INC.,
AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has determined that the City
continues to require professional services relating to monitoring and managing the City's
numerous ongoing capital improvement projects on behalf of the City; and
WHEREAS, City staff has determined that Jackson A &E Associates, Inc. is uniquely
qualified to provide such services for the City; and
WHEREAS, pursuant to Section 252.022(a)(4), the City is not required to seek bids or
proposals with respect to a procurement for personal, professional, or planning purposes; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
amend the contract with Jackson A &E Associates, Inc. pursuant to the Professional Services
Agreement attached hereto as Exhibit A (the "Agreement ").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
I- re 0741
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Amendment to the Agreement with Jackson A &E Associates, Inc. in substantially the
form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
50448599.1
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 18th day of November, 2014.
CITY OF WH Z, TEXAS
'—Mayor, Michael R. Carpenter
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
50448599.1
EXHIBIT A
AMENDED PROFESSIONAL SERVICES AGREEMENT
50448599.1 A -1
JACKSON
A,- JACKSON A &E ASSOCIATES, INC.
Architectural and Engineering Consulting • 8300 White Stallion Trail • McKinney, Texas 75070 • 214- 673 -7557 • wwwjacksonAE.com
ASSOCIATES
November 15, 2014
Mr. john Kessel
City Manager
City of Schertz, Texas
1400 Schertz Parkway
Building 2
Schertz, Texas 78154
RE: Proposal for Owner's Representative Services
Dear Mr. Kessel:
Jackson A &E Associates, Inc. (JA &E) is pleased to submit this Proposal to perform
Owner's Representative Services for the City of Schertz, Texas. We appreciate the
opportunity to provide our professional services and look forward to working with the
City of Schertz staff.
Presented below is our understanding of the proposed projects and the proposed
scope of services, as well as, information about the potential project schedule, fee
structure, terms and conditions and authorization documents.
The project consists of the provision of Owner's Representative Services for tasks as
directed by the City of Schertz (City), Texas to assist in the design and construction
process for the Aquatic Center, Dog Park and Soccer field renovations.
The City will provide all information available regarding the project site and
surrounding utilities, including any details regarding road and infrastructure
improvements necessary.
JACKSON
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The Total Scope of Services for Owner's Representation Services for the above
projects is proposed to follow thru until the completion of the current projects or
twelve months whichever occurs first and to provide assistance with the City's Master
Facility Plan.
Additionally as time permits, work with City Staff to develop Master Specifications for
the City's future use.
The following items are excluded from the Scope of Services:
Coordination of the purchase and installation of furniture, fixtures and
equipment and other direct purchase vendors
® Post construction control and administration
® Facilitation of formal partnering with the entire project team throughout the
project
Coordination of any required formal dispute resolution in concert with City
Attorney
® Participation in the development and implementation of a project
commissioning plan
Move management
Additional services for this project may be added to the Scope of Services by written
scope and an Agreement Amendment.
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Jackson A &E Associates, Inc. can begin work on these projects upon receipt of your
written acceptance of this proposal and understands that the desired time frame for
project initiation is immediate. The total time frame anticipated to perform all phases
of the Scope of Services is not known at this time. A contract amendment is
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anticipated at the appropriate point in the future. A secure office space and facility
access will be provided by the City for jA &E's use and storage of project plans and
documentation.
The fee for jA &E's professional services on the Projects as described in this proposal
is based upon the information provided for the project, the Scope of Services only,
the time frame anticipated, the referenced terms and conditions, and is $9,000.00
per month with a not to exceed value of $108,000.00 which does not include
expenses.
Travel to and from Schertz, lodging, automobile rental, meals and parking costs shall
be reimbursed at the actual costs without markup. Reasonable telephone, postage
and copying expenses are included. One color paper copy and one electronic copy (in
PDF format) of all correspondence and reports are included. Other reimbursable
expenses or direct costs attributable to the project required will be billed in addition
to these with no markup. Professional Liability Insurance cost shall be billed at the
actual cost plus ten percent.
Any additional professional services required beyond this scope will be billed at the
rate of $135.00 per hour. Professional services related to legal proceedings shall be
billed at one and one -half times the scheduled rate.
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City agrees to pay jA &E's invoice upon receipt. If payment is not received within 30
days from the City's receipt of jA &E's invoice which is considered past due, City
agrees to pay a service charge on the past due amount at the greater of 1% per month
or the allowable legal rate, including reasonable attorney's fees and expenses if
collected through an attorney. After five days prior notice to City, jA &E may suspend
services until paid on any project where payment of invoiced amounts not reasonably
in dispute is not received by jA &E within 45 days of City's receipt of jA &E's invoice.
City receipt of invoice will be presumed one day after hand or email delivery.
JACKSON
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610IM510 �T1
Jackson A &E Associates, Inc. understands your need for Owner's Representative
Services and is committed to providing you responsive, effective and timely
consulting services on this project.
To authorize this proposal, please return one signed copy of the Contract for our
files. This proposal, with the attached Terms and Conditions, will constitute the
agreement for this project
Respectfully submitted,
Jackson A &E Associates, Inc.
Philip R Gaudreau, Assoc AIA, CSI
Managing Principal
City of Schertz, Texas
John C Kessel, City Manager
JACKSON
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APPENDIX A
SCOPE OF SERVICES
OWNER REPRESENTATION SERVICES
PROFESSIONAL SERVICES PROCUREMENT, PROGRAMMING AND MASTER
PLANNING
During the professional services procurement, we will:
A. Participate in discussions with representatives of the City of Schertz to
refine the scope of the project.
B. Meet with the City regarding the selection of a Construction Manager at
Risk (CMR) for the Aquatic project and assist in the development of the
Request for Qualifications (RFQ).
C. Assist in the negotiation and contract preparation with the CMR for these
projects including defining the scope of work.
D. We will assist in the appropriate consultant selection process, including
quality control and construction materials testing.
E. The need for specialty consultants will be evaluated for issues such as
geotechnical engineers, cost estimators, acoustical concerns, audio visual
needs, security, furniture and art, and then the consultants as needed will
be selected.
F. Prepare Requests for Proposals (RFP) for the construction delivery method
chosen.
G. Assist the City in evaluating the responses received from the RFP.
H. Set up interviews, if necessary, and assist the City in the selection of the
Construction Professionals.
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I. Present the team recommendations for Construction Professionals to the
City Council for their review and approval.
J. Assist in the negotiation and preparation of the contract for Construction
Professionals.
During the programming and master planning phase, we will:
K. Meet with representatives of the City of Schertz and the Architect to
continue to refine the scope of the project from a departmental inclusion,
timing and priority approach.
L. After determining the final programming criteria, we will assist in refining
the project plan.
M. Review and provide comments on previously commissioned studies and
plans.
N. Arrange and attend meetings for the A/E team to interview the various
departments included to obtain initial programming and master planning
data.
O. Assist the A/E team in collecting data for the included departments existing
systems and equipment.
P. Review, provide comments and overviews of summarized information
gathered.
Q. During this phase of the project and others as required, we will prepare
presentations for and attend meetings with the City Manager's office and
City Council.
JACKSON
AW--osE
ASSOCIATES
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IL DESIGN DEVELOPMENT AND CONSTRUCTION DOCUMENTS PREPARATION
During the documentation preparation phase, we will:
A. Conduct periodic meetings of the entire project team to address project
status, issues and concerns.
B. Review and analyze the drawings, budgets, meeting minutes and other
descriptive material produced.
C. Review geotechnical and environmental reports and advise the City on
issues, potential effects and risks to the project.
D. Review information produced applicable to local, state and federal codes
and regulations, including zoning, energy, handicap access, storm -water
runoff, and others which typically cause impact for projects of the nature
anticipated.
E. Provide design reviews and written comments as requested to the design
team concerning contract documents produced at applicable phases of the
project.
F. Prepare a presentation to the City on the progress of the drawings, budgets
and other descriptive materials at the Schematic Design, Design
Development and the completion of Construction Documents.
G. During the course of the various design phases and after the bids for the
project are received, we will represent the owner during the value
engineering process to aid in achieving a balance between cost and the
facility requirements.
JACKSON
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During the bidding phase, we will:
A. Work with the Construction Professionals in their prequalification process
for contractors and subcontractors for the project.
B. Assist in appropriate contractor and subcontractor selection process.
C. Review of potential bidders and assist in soliciting bids for the
construction.
D. Work with the Construction Team to evaluate the bids for appropriate
completeness based on documentation presented.
E. Review all construction related costs (excluding soft costs) and provide an
opinion as to its adequacy and appropriateness in relation to industry
standard costs. Opinion of Cost Review will be conducted on information
provided.
F. Review the construction progress schedule and form an opinion as to
appropriateness of the projected sequencing, duration of work items, and
realism of the estimated Project completion based on the scope of the
Project and the current availability of both materials and labor.
During the construction monitoring phase, we will:
G. Make scheduled bi- weekly site review visits to the Project and such
additional site review visits, as directed by City, to observe the quality of
workmanship, substantiation of costs in place and the adequacy of
balances complete, and the status of construction completion.
H. Review and provide additional information for construction reports
submitted to those interested parties that includes information concerning
the description of obvious conflicts, deficiencies and omissions between
the construction observed in place and the contract documents. In addition,
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outstanding defects or deviations noted in previous construction reports
will be described noting the correction or resolution, if any.
I. Report on the progress of the construction to date in relation to the
Construction Manager's projected construction schedule, noting concerns
or issues with sequencing or completion timing.
J. Review existing and ongoing soils, structural steel, concrete and other
testing results (as prepared by others) for compliance with specification
requirements and describe the effect, if any, upon the use of the structure
in the event of a deficiency.
K. Notify the City of unsatisfactory work or plan deviations observed, and
review and report on corrective action taken.
L. Review the construction progress to date to determine that the work has
been generally accomplished in a good and workmanlike manner and is in
general accordance with the intent of the contract documents.
M. Provide quality, labeled, color or digital photographs, if desired, within the
Construction Report(s) to more explicitly relate to the observations
described.
N. Review monthly reports and draw requests, as well as proposed changes in
order to provide opinion to City as to the appropriateness of the progress
and request for funds with respect to percent complete of work items.
O. Review safety programs developed by the Construction Manager for the
contractors and subcontractors and note any deficiencies in the
implementation of such programs.
During the contract closeout phase and upon substantial completion of the
Project, we will:
P. Assist in the creation of the City's punch list.
Q. Review the Architect's punch list identifying the remaining items necessary
for correction and completion of Contractor's work and evaluate whether
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said list is complete and correct based on previous monthly observation,
and see to the timely completion and resolution of such items on the punch
list.
R. Review applicable municipal or governmental final sign -offs, which are
provided to consultant including, but not limited to, final certificates of
occupancy.
S. Assist in the contract close out process.
JACKSON
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Jackson A &E Associates, Inc. (JA &E) is pleased to provide the services described in the foregoing proposal. The
purpose of this document is to obtain your authorization for the work requested and the terms and conditions
under which these services are provided as shown on this document. Compensation for services rendered will
be based on the attached rate schedule (or as otherwise indicated in the proposal) which is a part of this work
authorization.
1. SERVICES. Jackson A &E Associates, Inc., through and by its officers, employees, and subcontractors,
(hereinafter JA &E) is an independent consultant and agrees to provide Client, for its sole benefit and
exclusive use, consulting services set forth in our proposal. No third party beneficiaries are intended by
this Agreement.
2. PAYMENT TERMS. Client agrees to pay JA &E's invoice upon receipt. If payment is not received within 30
days from the Client's receipt of JA &E's invoice which is considered past due, Client agrees to pay a service
charge on the past due amount at the greater of 1% per month or the allowable legal rate.. After five days
prior notice to Client, JA &E may suspend services until paid on any project where payment of invoiced
amounts not reasonably in dispute is not received by JA &E within 45 days of Client's receipt of JA &E's
invoice. Client receipt of invoice will be presumed one day after hand or email delivery by JA &E. Time is of
the essence of this provision.
Either party may terminate this Agreement without cause upon 30 days prior written notice. This
Agreement will terminate automatically upon the insolvency of the Client. In the event Client requests
termination prior to completion of proposed services, Client agrees to pay JA &E for all reasonable charges
incurred to date and associated with termination of the work.
3. STANDARD OF CARE. JA &E will perform its services using that degree of care and skill ordinarily exercised
under similar conditions by reputable members of JA &E's profession practicing in the same or similar
locality at the time of service. No other warranty, express or implied, is made or intended by our proposal
or by our oral or written reports.
4. INSURANCE. JA &E can maintain insurance coverage as follows:
Worker's Compensation Insurance - statutory.
Employer's Liability Insurance - $1,000,000
Commercial General Liability Insurance - $1 ,000,000
Automobile Liability Insurance - $1,000,000
Excess Umbrella - $1,000,000
Professional Errors & Omission - $1,000,000
5. PROFESSIONAL LIABILITY. For additional consideration from JA &E of $1.00, receipt of which is hereby
acknowledged, Client agrees that JA &E's liability, and that of its officers, directors, employees, agents and
subcontractors, to Client or any third party due to any negligent professional acts, errors or omissions or
breach of contract byJA &E will be limited to an aggregate of $25,000. If Client prefers to have higher limits
of professional liability, JA &E agrees to try to increase the aggregate limit, up to a maximum of $1,000,000,
upon Client's written request at the time of accepting our proposal, provided Client agrees to pay an
additional consideration of ten percent of JA &E's total charges, or $500, whichever is greater. The
additional charge for the higher liability limit is because of the greater risk assumed by JA &E and is not a
charge for additional professional liability insurance. This limitation shall not apply to the extent prohibited
by law.
JACKSON
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6. EXTENSION OF PROTECTION. Client agrees that any all limitations of jA &E's liability and indemnifications by
the Client to jA &E shall include and extend to those individuals and entities jA &E retains for performance of
the services under this Agreement, including but not limited to jA &E's officers, partners and employees and
their heirs and assigns, as well as jA &E's subconsultants and their officers, employees, heirs and assigns.
7. CORPORATE PROTECTION. It is intended by the parties to this Agreement that jA &E's services shall not
subject jA &E's individual employees, officers, directors, managers or partners to any personal legal
exposure for the risks associated with the services. Therefore, and notwithstanding anything to the
contrary herein, Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit shall
be directed and /or asserted only against jA &E, a Texas Corporation, and not against any of jA &E's
individual employees officers, directors, managers or partners.
8. SITE OPERATIONS. Client will arrange for right -of -entry to the property for the purpose of performing
project management, studies, tests and evaluations pursuant to the agreed services. Client represents that
it possesses necessary permits and licenses required for its activities at the site.
jA &E is not responsible for any damage or loss due to undisclosed or unknown surface or subsurface
conditions owned by Client or third parties, except to the extent such damage or loss is a result of jA &E's
negligence. Otherwise, Client agrees for the additional consideration of $1.00, receipt of which is hereby
acknowledged, to the extent permitted by law, to indemnify jA &E, its officers, directors, employees, agents
and subcontractors, from any such claim, suits or losses, including related reasonable attorney's fees.
jA &E will take reasonable precautions to minimize damage to the property caused by our operations.
Unless otherwise stated in jA &E's proposal, our charges do not include cost of restoration due to any
related damage which may result. If Client requests jA &E to repair such damage, jA &E will do so at an
appropriate additional cost.
9. FIELD REPRESENTATIVE. The presence of jA &E's or its subcontractor's field personnel, either full -time or
part -time, may be for the purposes of providing project administration, assessment, observation and /or
field testing of specific aspects of the project as authorized by Client. Should a contractor(s) not retained
by JA &E be involved in the project, Client will advise such contractor(s) that jA &E's services do not include
supervision or direction of the means, methods or actual work of the contractor(s), its employees or agents.
Client will also inform contractor that the presence of jA &E's field representative will not relieve the
contractor of its responsibilities for performing the work in accordance with its agreement with Client.
If a contractor (not a subcontractor of jA &E) is involved in the project, Client agrees, in accordance with
generally accepted construction practices, that the contractor will be solely and completely responsible for
working condition on the job site, including security and safety of all persons and property during
performance of the work, and compliance with all Client safety requirements and OSHA regulations. These
requirements will apply continuously and will not be limited to normal working hours. It is agreed that jA &E
will not be responsible for job or site safety or security on the project, other than for jA &E's employees and
subcontractors, and that JA &E does not have the duty or right to stop the work of the contractor.
10. UNFORESEEN CONDITIONS OR OCCURRENCES. It is possible that unforeseen conditions or occurrences may
be encountered at the site which could substantially alter the necessary services or the risks involved in
completing jA &E's services. If this occurs, jA &E will suspend services and promptly notify and consult with
Client, but will act based on JA &E's sole judgment where risk to jA &E personnel is involved. Possible actions
could include:
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a) Complete the original Scope of Services in accordance with the procedures originally intended in our
proposal, if practical in JA &E's judgment;
b) Agree with Client to modify the Scope of Services and the estimate of charges to include study of the
unforeseen conditions or occurrences, with such revision agreed to in writing;
c) Terminate the services effective on the date specified by JA &E in writing.
11 . DOCUMENTS. JA &E will furnish Client the agreed upon number of documents and supporting information.
These instruments of service are furnished for Client's exclusive internal use and reliance, use of Client's
counsel, use of Client's qualified bidders and for regulatory submittal in connection with the proposed
services provided for in this Agreement, but not for advertising or other type of distribution, and are subject
to the following:
a) All documents generated by JA &E under this Agreement shall remain the sole property of JA &E. JA &E
shall retain all common law, statutory and other reserved rights, including the copyright thereto. Any
unauthorized use or distribution of JA &E's work shall be at Client's and recipient's sole risk and without
liability to JA &E. JA &E may retain a confidential file copy of its work product and related documents.
b) If Client desires to release, or for JA &E to provide, our work product(s) to a third party not described
above for that party's reliance, JA &E will agree to such release provided we receive written acceptance
from such third party to be bound by acceptable terms and conditions similar to this Agreement (e.g.
Secondary Client Agreement). Work product(s) provided for disclosure of information only will not
require separate agreement. Client acknowledges and agrees to inform such third party that JA &E's
work product(s) reflects conditions only at the time of the study and may not reflect conditions at a
later time. Client further acknowledges that such request for release creates a potential conflict of
interest for JA &E and by this request waives any such claim should JA &E comply with the request.
c) Client agrees that all documents furnished to Client or Client's agents or designees, if not paid for, will
be returned upon demand and will not be used by Client or any other entity for any purpose
whatsoever. Client further agrees that documents provided by JA &E pursuant to this Agreement will not
be used for any project not expressly provided for in this Agreement without JA &E's prior written
approval.
d) Client shall furnish documents or information reasonably within Client's control and deemed necessary
by JA &E for proper performance of our services. JA &E may rely upon Client - provided documents in
performing the services under this Agreement; however, JA &E assumes no responsibility or liability for
their accuracy. Client - provided documents will remain the property of Client, but JA &E may retain one
confidential file copy as needed to support our work product.
12. CLAIMS. The parties agree to attempt to resolve any dispute without resort to litigation, including use of
non - binding mediation, prior to filing of any suit. However, in the event a claim results in litigation, and
the claimant does not prevail at trial, then the claimant shall pay all costs incurred in pursuing and
defending the claim, including reasonable attorney's fees.
13. OPINIONS OF COST. If requested, JA &E will use its best efforts and experience on similar projects to provide
realistic opinions of probable costs for remediation, repair or construction as appropriate based on
reasonably available data or JA &E's recommendations. However, such opinions are intended primarily to
provide information on the order of magnitude or scale of such costs and are not intended for use in firm
budgeting or negotiation unless specifically agreed otherwise in writing by JA &E. Client understands actual
costs of such work depend heavily on regional economics, local construction practices, material availability,
site conditions, weather conditions, contractor skills, and many other factors beyond JA &E's control. JA &E
makes no warranty, express or implied, that bids or negotiated costs of such work will not vary from JA &E's
opinions of probable costs.
JACKSON
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14. TESTIMONY. Should JA &E or any JA &E employee be compelled by law to provide testimony or other
evidence by any party, whether at deposition, hearing or trial, in relation to services provided under this
Agreement, and JA &E is not a party in the dispute, then JA &E shall be compensated by Client for the
associated reasonable expenses and labor for JA &E's preparations and testimony at appropriate unit rates.
15. CONFIDENTIALITY. JA &E will maintain as confidential any documents or information provided by Client and
will not release, distribute or publish same to any third party without prior permission from Client, unless
compelled by law or order of a court or regulatory body of competent jurisdiction. Such release will occur
only after prior notice to Client.
16. GOVERNING LAW. This Agreement shall be governed in all respects by the laws of the State of Texas.
17. SURVIVAL. All provisions of this Agreement for indemnity or allocation of responsibility or liability between
Client and JA &E shall survive the completion of the services and the termination of this Agreement.
18. SEVERABILITY. In the event that any provision of this Agreement is found to be unenforceable under law, the
remaining provisions shall continue in full force and effect.
19. ASSIGNMENT. This Agreement may not be assigned by either party without the prior permission of the
other.
20. CONSIDERATION. The parties agree that the charges for JA &E's services are sufficiently adjusted to include
any specific consideration payable to Client under these terms and conditions.
21. INTEGRATION. This Agreement, the attached documents and those incorporated by reference herein
constitute the entire Agreement between the parties and cannot be changed except by a written instrument
signed by both parties.
22. STATUTES OF REPOSE AND LIMITATION. All legal causes of action between the parties to this Agreement
shall accrue and any applicable statutes of repose or limitation shall begin to run not later than the date that
jA &E's services are completed or terminated.
23. CLIENT DISCLOSURE. Client agrees to advise JA &E upon execution of this Agreement of any hazardous substance
or any condition, known or that reasonably should be known by Client, existing in, on, or near the site that
presents a potential danger to human health, the environment, or JA &E's equipment. Client agrees to provide
JA &E continuing related information as it becomes available to the Client. By virtue of entering into this
Agreement or providing services hereunder, JA &E does not assume control of or responsibility as an operator or
otherwise for the site or the person(s) in charge of the site, or undertake responsibility for reporting to any
federal, state or local public agencies any conditions at the site that may present a potential danger to public
health, safety or the environment. Client agrees under advice of its counsel to notify the appropriate federal,
state or local public agencies as required by law; or otherwise to disclose, in a timely manner, any information
that may be necessary to prevent damage to human health, safety, or the environment.
24. ENVIRONMENTAL INDEMNITY. In connection with toxic or hazardous substances or constituents, including but
not limited to mold, and to the maximum extent permitted by law, Client agrees to defend, hold harmless, and
indemnify JA &E from and against any and all claims, liabilities, or judgments, except to the extent finally
determined as being caused byJA &E's negligence or willful misconduct, resulting from:
a) Client's violation of any federal, state, or local statute, regulation, or ordinance relating to the
management or disposal of toxic or hazardous substances or constituents;
JACKSON
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b) Client's undertaking of or arrangement for the handling, removal, treatment, storage, transportation, or
disposal of toxic or hazardous substances or constituents found or identified at the site;
c) Toxic or hazardous substances or constituents introduced at the site by Client or third persons before,
during, or after the completion of jA &E's services;
d) Allegations that JA &E is a handler, generator operator, treater, storer, transporter, or disposer unless
expressly retained by Client for such services under the Resource Conservation and Recovery Act of
1976 as amended or any other similar federal, state or local regulation, ordinance, or law due to jA &E's
services;
e) A release of toxic or hazardous substances or constituents at or from the project site before, during, or
after completion of JA &E's services under this Agreement. Any third party suit or claim for damages
against JA &E alleging strict liability, personal injury (including death) or property damage from
exposure.
25. SAMPLE DISPOSAL. Test specimens or samples generally are consumed or substantially altered during testing
and any remnants are disposed of immediately upon completion of tests. Remaining samples and other
specimens are disposed of 30 days after submission of jA &E's report.
END OF JA &E TERMS AND CONDITIONS