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7.3.B. SR 05-16-2011REQUEST FOR ACTION ver TO ITEM NUMBER Ci Council 7.3.B. AGENDA SECTION MEETING DATE PREPARED BY Administration May 16, 2011 Justin Femrite~City Engineer on behalf of the Public Works Facility Committee ITEM DESCRIPTION REVIEWED B~/ Approval of Quotes Received for the Hiring of a Commissioning Firm for the Public Works and Fleet REVIEWED BY Maintenance Project ACTION REQUESTED Approval of low quote submitted for professional services involved with providing commissioning services on the Public Works and Fleet Maintenance Facility project. BACKGROUND/DISCUSSION 'The Council on March 14, 2011 authorized staff to gather quotes from qualified firms to provide third party commissioning services for the duration of the Public Works and Fleet Maintenance facility project. The Council previously approved the base contract with the 292 Design Group, which did not include the commissioning as that was an optional item. We met with 4 separate firms to explain our project and describe the services required. The 4 firms provide proposals for full commission services from initial planning through final construction. Through our meetings with these firms, we developed confidence in the ability of all firms interviewed. We feel moving ahead with this service will pay for itself with cost saving inefficiencies found during the project. The proposals we received are as follows: Hallberg Engineering, Inc, White Bear Lake - $19,500 Institute for Environmental Services, Inc, Brooklyn Park - $19,000 Karges-Faulconbridge, Inc., St. Paul - $23,150 Willen Incorporated, Burnsville - $40,000 The Public Works Facility Committee has reviewed the quotes and checked on the references provided by Institute for Environmental Services. We recommend the award of this work to Institute for Environmental Services, Inc. in the amount of $19,000. FINANCIAL IMPACT The funding for these services will come from the government building fund with a transfer from the municipal liquor fund once the complete scope of phase I is determined. ATTACHMENTS • Institute for Environmental Services, Inc. Proposal N:\Public Bodies\City Council\Council RCA\Agenda Packet\05-16-2011\RFA Commissioning S-IG-11.doc Action Motion by Second by Vote Follow Up N:\Public Bodies\City Council\Council RCA\Agenda Packet\OS-16-2011\RFA Commissioning 5-16-11.doc ~~ 3:":~ May 11, 2011 Mr. 3ustin Femrite, P.E. City Engineer City of Elk River 13065 Qrono Parkway Elk River, MN 55330 RE: Public Works and Fleet Maintenance Facility Commissioning Dear Mr. Femrite: ' ;. :` s~: f~"e~lt(z~, Iradeanr ~~avia^nnment~s Thank you for the opportunity to submit our proposal for HVAC Commissioning of the new Public Works buildings. We are well qualified to complete this exciting project, and would appreciate the opportunity to work with the City of Elk River. If you need additional information or have questions regarding our proposal, please feel free to contact us. Sincerely, IEA, INC. Steve Zechmeister, P.E. Mechanical Engineer, LEED AP d+M, QCxP Indoor Environments Division SZ:sda 051011 Enclosure RVSITtDTF. k't}R [?~.SViRt~R~AFTiP.Ai. A~6ESSMEh'7', ING:.. F.§ItOt7KLYN Fri „~ h1ANKA`CC) I~QCIdF,STF~R 92G € 'vest B;x~t3~ <ti=, H60U E lU NorFh R4veifi7flnE Anuc 2l Q 14 and . =`s Drive 5I3 B y. ~ "~ ~; 5445 LSsxikata, :~'[NS6P.{fl R~cE-es er fu;14 . 7 760 ~- '?-?426 507-345.8S1S "b'AX 5ui-395.53131 SO?-281-656 .._ •,;-tfi45 ,. ,:.f-~JS 19 HUO-872-125D F,C ...:._,_ t7MAHA. 7587 "F," Street Ralston, A'E 68:2? 4!72-?34.5246 t Fl:X 962-'s39--7509 BtTQ-233-95I3. U Q ~~ MRh3fifc7CA OFFICE G 10 h. RI~RPROhT DRIVE nv~NKt,T6,h1N 56001 sc~:%-~, ~ s-ae ~ a COCHESTEA 6FFICE 2 t p `Ni?OD LAKE DRIVE SE R~K11cJ; 3, MN SS904 _.i, -2P11~65A OMAHA OFFICE i G3i L.`,iF~E' R;,~sr:,~~,,:= aa,7~ ww'.~~..iz0 i n siitute.com infck~ieainsUtute.com 306 2~r9523 issioning rvi for City of ik River ublic Works and Fleet Maintenance Facility Expansion MAY 11, 2013 PROPOSAL #1771 f t Schedule Table of Contents Company Histary/Infarmation Company Background ............................................ ..........................1 Response to Proposal IEA Commissioning Team .................:...............................................2 Management Approach .......................................................................3 Scope of Work ....................................................................................3 Assumptions & Lunitatians ........, .......................................................5 Proposal Terms ..........................................................................................6 Authorization to Praceed ...........................................................................6 Appendices A - Commissioning Agent Qualifications B -General Conditions Commissioning Services -City of Elk 'ver Mr. Jusiin Femrite, P.E. City Engineer City of Elk River 13065 Orono Parkway Elk River, MN 55330 Phone:763-635-1000 Emai : jfemriie@ci.elk-river.mn.us Company BackgrQUnd IEA has been providing indoor environmental quality, health, and safety consulting services far over 20 years. IEA has environmental professional staff with a corporate mission of maintaining and improving public health by reducing workplace risks and improving on the indoor environment. IEA clients are located throughout the United States with a principal focus in the Midwest. The corporate offices are located in the Minneapolis-St Paul area with satellite offices in three other Midwest Iocatians and operational centers at various locations throughout the United States. We have earned a reputation with our high standards and professionalism, delivering fully coordinated and experienced services for our clients. IEA has participated in a number of programs, including: • HVAC Commissioning Task Force. M11jDCFL • Advisory and Developmental Committee for the Model AWAIR Program for Schools. MNDCFL and MN OSHA • Indoor Air Quality Task Force. American Lung Association, MN Chapter • U SGBC, Green School Advocacy Committee Since its inception, IEA has been focused on evaluating buildings and their systems to ensure effective and efficient operations. As an environmental consulting and engineering firm specializing in indoor environmental quality, IEA possesses unique qualifications as a commissioning agent for the City of Minnetrista. First and foremost, IEA is an independent third party serving as an owner's representative. Our engineering staff is experienced in identifying and solving'problems relating to ventilation/indooroir quality. This experience is invaluable as you commission your new mechanical systems to ensure they function as designed and perform as intended. City Of$lk 12iver Public Works Facility Commissioning c0 IEA, Inc. 201T" Proposal #1771 Page 1 Commissioning Services - City. o Elk River IAA Commissioning Team IEA has established a project team for the City of Elk River project that will be comprised of staff members with extensive experience in commissioning. This team will work closely with the owner, architect, design engineer, and contractors. Without constant communication and commitment from these members, commissioning cannot be successful. Working together throughout this process will enable all parties to successfully accomplish their goals. lEA's team members have the technical capability and experience to meet the needs of the project and schedules. The project team members for the commissioning project will include the following individuals. Commissioning Agent Qualifications can be found in Appendix A. Commissioning Agent {handling 4d% of commissioning tasks} Steve Zeehmeister, P.E., LEED AP O+M, QCxP Steve has more than 20 years of experience in engineering/project management related to major construction projects. He commissioned or recommissioned over 30 projects from 2007-2011. Steve has a Bachelor of Mechanical Engineering Degree from the University of Minnesota. He is a Minnesota Licensed Professional Engineer and a LEED accredited professional. He is accredited by the University of Wisconsin as a Qualified Commissioning Process Provider. Steve is a member of ASHRAE. Commissioning Senior Technician Brian CavalGn Brian has 8 years of experience, performed many commissioning and recommissioning projects as well as indoor air quality investigations involving mold assessments, sampling for various airborne contaminants, measuring ventilation system performance, and evaluating ventilation system operation and cleanliness. He is proficient with air sampling instruments, required sampling devices, and methods. He has also managed and monitored fungal and asbestos abatement projects. Brian has a Bachelor of Science Degree in Environmental Studies and has several years of building construction experience. Commissioning Technician Michael Prusinski, Technician Michael is an AutoCAD technician and has worked on many commercial construction, demolition, and remodeling projects and provided assistance on recommissioning, indoor air quality, and asbestos projects at IEA. City Of Elk River Public Works 6acility Commissioning 8 TEA, Inc. 2011 Proposal #1771 Page 2 Coissianirl~ Services.- Ci£ ®f ilk River References City of Minnetrista -Minnetrista, MN IEA provided commissioning services for the City of Minnetrista's Municipal Campus Expansion. The project included a new police station and public works building as well as renovations to the city hall building. Our responsibilities included verification and testing of all building HVAC systems and controls. Assistant City Administrator Mike Barone 952-446-1660 Winona County -Winona, Minnesota IEA provided commissioning services for a county office building addition and renovation. IEA worked with the construction manager to ensure that the contractors were providing a final product that met the design intent and the owner's expectations. Director of Facility Services 1Vlike Krage 507-457-6566 Hibbing Public Schools -Hibbing, Minnesota IEA provided commissioning services during the construction phase for the mechanical systems in the Lincoln Elementary building HVAC renovation. IEA also provided commissioning of a two year IAQ upgrade project at Hibbing High School. The project included commissioning of pumps, VAV, air-handling units, GRV's, pool unit, exhaust fans, and digital controls. Buildings and Grounds Supervisor Joe Arthurs 218-262-1363 218-969-4474 Elk River Public Schools -Elk River, MN IEA provided Elk River Public schools with HVAC consulting on a variety of issues such as welding shop exhaust improvements. Operations Manager Tom Baranick 763-241-3405 Austin Public Schools -Austin, Minnesota IEA provided recommissioning services for the mechanical systems for Southview Elementary and Woodson Kindergarten Center and commissioning of Bonfield Elementary. Our responsibilities included design review, testing and verification of systems, and working with commissioning team members to resolve issues. Buildings and Grounds Mat Miller 507-433-0431 City Of Elk liiver Public Works Facility Commissioning Cpl IEA, Inc. 2011 Proposal #1771 Page 3 _,_,_ Co issioni Services -City of Elk 'ver Management Approach Scope of Work IEA's approach to effectively managing commissioning projects focuses on communication with results: • Commissioning agent handles aspects of commissioning process including management and correspondence. Single point of contact improves efficiency and accuracy of communication. • 111 addition to documenting communications through the proper channels, IEA communicates directly with the engineer, general contractor, mechanical contractor, controls contractor, and test and balance contractor to resolve issues. • Inspections, testing, and reporting performed with goal of helping the team members to provide the best system for the owner as designed and specified. • Issues are communicated with proposed solutions and the responsible party indicated. • Based on extensive experience commissioning, IEA is able to identify and thoroughly test potential problem areas. Areas of potential concern that are uncovered receive additional attention and extensive testing. Emphasis is given to issues that are most detrimental to proper function of the system from the owner's perspective. • Priority is given to working with the schedules of contractors to complete testing and inspections without causing delay. IEA coordinates with test and balance contractor to be on site for observation and confirmation of ventilation airflow calibration. Inspections are conducted during construction to catch and correct issues early. The overall result of IEA's commissioning approach is to ensure that the owner has an advocate looking out for the best interests of the Owner and ultimately the people who will occupy the building. The Owner is committed to commissioning this facility to ensure that all HVAC systems are complete and functioning properly upon occupancy. Commissioning consists of systematically documenting that specified components and systems have been installed and started up properly, and then functionally tested to verify and document proper operation through all modes and conditions. The Commissioning Agent is to have responsibility for coordinating and directing each step of the commissioning process. Mechanical systems installation, start-up, testing, balancing, preparation of O & M manuals, and operator training are the responsibility of the Mechanical Contractors with coordination, observation, verification. and commissioning the responsibility of this commissioning authority. The Commissioning process does not relieve Mechanical Contractors from the obligations to complete all portions of work in a satisfactory and fully operational manner. _T_ City Of Eik River Public Works Facility Commissioning ©IEA, Inc. 2011 Proposal #1771 Page 4 Commissioning Services -City of Elk River The primary role of the Commissioning Agent is to determine the owners project requirements and verify that these requirements are met. The commissioning agent will verify the engineer's design intent by review of the design intent document and/or the construction documents and specifications, observe that construction is performed according to the design documents, to develap and coordinate the execution of a testing plan and to document the testing results in order to be reasonably assured that the installed systems operate in accordance with the Contract Documents. IEA is also able to provide insight to possible energy saving procedures in both the design and use of the facility through the commissioning process. For the system inspections process to be effective, all involved parties must work together in this process. Pre Design Phase • Coordinate with owner and design team to help develap the Owners Project Requirements (OPR). • Develop the commissioning plan. + Develop commissioning checklists for design and construction. Design Phase • Review and comment on design submittals far the schematic design, design development, and construction document phases. • Review and comment on equipment submittals. • Review and comment on temperature controls submittals. Construction and Acceptance Phase • Provide commissioning construction checklists to contractors and monitor construction to catch issues early in order to save contractors time and money. • Provide equipment delivery acceptance checklists to contractors. Spot check completed checklists on site. • Provide equipment startup checklists to contractors and confirm that proper start-up procedures are followed for major HVAC equipment. • Establish that systems are ready for sequence verification testing and test and balance validation. • Obtain engineer-approved equipment and controls shop drawings and write verification tests for HVAC equipment to be commissioned. • Validate the test and balance report by: randomly checking (with contractor assistance) 20% of the occupied rooms to determine that the air flow supplied to the rooms matches the test and balance report as well as the engineer's design intent. City O£ Elk River Publie Works Facility Commissioning ©IEA, Inc. 2011 Proposal #1771 Page 5 ~ommissionin~ Services - ~i of Elk River • Validate the test and balance report by checking {with contractor assistance) 100% of the ventilation equipment which supplies outdoor air to the occupants to determine that the quantities of outdoor air brought into the building match the test and balance report as well as the engineer's design intent for specified minimum outdoor air volumes. ~ Approve water systems balancing by site observation, spot testing and by reviewing completed balancing reports. • Test each HVAC system component for conformance to all control sequences listed in the specification section 23 09 93 {test 20% of Terminal units). All testing to be documented and included in final report. Develop a commissioning punch list outlining mechanical deficiencies and issue to contractors. Update and reissue punch list during project as issues are resolved or new issues are discovered. + Coordinate retesting as necessary until satisfactory performance is achieved. Issue an acceptance letter and commissioning final report to the City of Elk River. ~ Review As-Built Drawings and Operation and Maintenance manuals far accuracy. Develop and submit a final commissioning report including a summary ofthe how project objectives were met and details of observations, testing, and results. Il Month Faddow-up • Perform site survey at approximately 11 months after the date of substantial completion to verify that commissioning issues have been resolved and systems are continuing to run as designed. • Confirm that Owner's Project Requirements have been met and that owner does not have unresolved concerns. • Complete any seasonal testing that was not previously performed. • Provide 11-month follow-up report to owner. Include assessment of costs and benefits of commissioning and lessons learned. City Qf Elk River Public Works Facility Commissioning ©IEA, inc. 2~l l Proposal #1771 Page 6 _. Co issionil~~ Services -- City, of ik River Systems to be Commissioned ..All new building mechanical systems will be conunissioned. Typical 'types of equipment that would be evaluated include: ^ Chillers, boilers, pumps, heat exchangers, air separators, expansion tanks ^ Air handling units, rooftop units, unit ventilators ^ Variable air volume (VAV) boxes ^ Ductwork and dampers ^ Powered roof ventilators or exhaust fans ^ Carbon monoxide (CO) detection systems ^ Intake and exhaust hoods ^ Unit heaters ^ Building automation system and controls ^ Finned tube radiation heat Assumptions and Limitations It is assumed that the design engineer will provide adequate written design intent, basis of design and full sequences of operation for all equipment and systems for the O & M manuals and far the Commissioning Agent to use in writing verification tests. It is also assumed that the contractors will execute the functional testing of equipment, coordinated and documented by the Commissioning Agent, using forms provided by the Commissioning Agent. The review of design by the commissioning agent is intended to provide a brief overview of the design with constructive comments. It is not a peer review and will not necessarily include calculations or verification of conformance to building codes which is the .responsibility ofthe design engineer. IEA is not responsible for the construction schedule or the contractor's work. City Of Elk River Public Works Facility Commissioning. U' IEA, Inc. 2011 Proposal #1771 Page ~ Cam»nissioning Services -City of ik River Proposal Terms Authorization to Pr®Ceed The fee for our services for the above Scope of Work is $19,000. This fee includes reimbursables, equipment costs, project coordination and management, and final report. Fees for investigative work outside the above scope of work will be additional. IEA will issue a Change Order and get approval from the Owner before proceeding with additional work. Partial billing invoices for services conducted during that billing period will be provided until project completion. This price offering is valid 60 days from the date of this proposal. Authorization to Proceed -Client Signature Required We appreciate the opportunity to present this proposal for commissioning services. Please sign this authorization to proceed and fax this proposal to Steve Zechmeister at 763-315-7420 or e-mail Steve.zechmeister@ieainstitute.com. Retain the original for your records. We will begin the project at the time we receive this written documentation to proceed. IEA, INC. z ~ ~~ ~~~~°u ~~.cltiuc,t~r~r, F' 1.-- .Mechanical Engineer Indoor Environments Division *** Please proceed according to the above stated fees, terms, attached. General Conditions, and proposal #1771 dated May 11, 2011. Printed Name Authorized Signature Date PO number T City Of Elk River Public Works Facility Commissioning ~ ©IEA, Inc. 2011 Proposal#1771 Page 8 Appendix A Commissioning Agent Qualifications Appendix A Commissioning Agent Qualifications ~EA Steve Zechmeisler P E. LEF.D AP. pCxP M6ChaniCLtl Bngineer Company Name Contact Person Title 9201 West Broadwa N #S00 Brookt n Park 11~IV 55445 Address City State ZiplPostal Code 763-315-7900 763-315-7920 ^leve zechmeirte~a~ieainslilaale.cvm Telephone Fax. B-mail Description of Business Commissioning Activities Percentage of overall business devoted to system inspections and/or commissioning services. How long has the firm offered system inspections and/or commissioning services? Average number of recommissioning and/or commissioning projects performed each year? 80% ofIAQ Division 7 Years ,_ 10 Systems {technologies) for which form has provided system inspections or commissioning services (check old that apply): D Pkg or split HVAC Q Chiller system D Boiler system C~1 Energy Mgmt. System © Variable Freq. Drives © Lighting controls C~1 Electrical, emerg. power Q Envelope Q Fire/Life Safety Q Plumbing Q Commercial refrigeration Q Thermal energy storage L( Labs & Clean Rooms Appendix B General ~'onditions General Conditions The word "Consultant°' refers to the Instihrte for Environmental Assessment {"IEA"}, the contracting campany is refertud to as the "Client". Client agrees to be bound by these General Conditions by accepting the Proposal and 2. engaging Consultant. The Agreement with you, the Client, is comprised of this Agreement and accompanying written proposal. 1, Seape of Work Consultant will furnish and perform the professional services specified in Consultant's proposal (the "Proposal"}. The services as set forth in the Proposer {the "Services"} will be provided by Consultant's personnel at the location of the Client {the "Site'} (hereinafter referred to as the "Project"}. If any portion of the Proposal is inconsistent with this Agreement, the terms of this Agreement shall control: Consultant's obligation to perform the Services shall terminate upon delivery of a final report within 45 days of Project completion. In addition to the Proposal, Consultant and Client agree as follows: A. Right of Access Unless otherwise agreed in writing, Client will furnish Consultant with righT-of-access to the Site and accurate iufomration necessary to conduct the Services, as requested b}r Consultant. B. Confidential & Prourietarv Informakion .The Consultant and Client agree not to disclose to others or use any confidential or proprietary information or trade secrets of the other, which may become known to each prior to, during or a$er the performance of this Agreement without the prior written consent of the other. "Confrdential or propriety information" and "trade 3. secrets" shall mean any infannation about the other which is neither publicly known nor Legally accessible to the other parties from third parties. Prior to the disclosure of any such confidential or proprietary information or trade secrets, each shall obtain the written approval of the other. C. General Consultant warrants that the Services it performs under this Agreement wilt be performed with the care and skill ordinarily exercised by reputable members of its profession practicing under similar conditions during the period of this Agreetneru and in the same or similar locality. The AIHA- certified IEA laboratory wilt perform PCM analysis if specified. Other field PCM analysis will be completed by laboratory-approved field technicians, generally under AAR Guidelines. Pavnrent for Ser~~ces A, Fee Schedule & Maximum Casts. The fee schedule in the Proposal specifies the amounts due to Consultant from Client for its Services performed under this Agreement. B. Schedule of Payment lrrvoices will be submitted to Client once a month for services performed during flee prior month. Payment to Consultant is due upon presentation to Client, and past due after thirty (30) days of receipt of the invoice, in which case a service fee of 1.5% monthly shall be added to the invoice, unless specifically arranged otherwise by Consultant and communicated in writing. Client reserves the rieht to question any item on any invoice and Consultant agrees, upon Client's request, to supply such documentation as is necessary to reasonably justify such invoice amount to Client's reasonable satisfaction. Client agrees to pay Consultant any costs of collection including reasonable attorneys' fees and costs if payment for Services are not made when due. C. Expert Fee Expenses If Client requests Consultant to participate on behalf of Client in litigation regarding the subject matter of this Agreement, Client agrees to pay all of Consultant's expenses arising therefrom ak the prevailing rate for Consultant's time plus out-of-pocket costs and expenses, including reasonable attorney fees incurred by Consultant in conjunction with the participation. Indemnity & Insurance A. Indemnity Consultant shall indemnify and hold harmless Client against losses, damages and claims, demands, actions; costs (including reasonable attorney fees), and fines of any kind resulting from any breach of this Agreement by Consultant, its employees, agents, subcontractors or licensees, of their obligation under this Agreement, or from any negligence or misconduct by Consultant, its employees, agents, subcontractors or licensees, but only for the proportion of damages which is equal to Consultant's proportion of the total fault which directly caused the damages. Client shall inderrmify and hold harmless Consultant against losses, damages and claims, demands, actions, costs (including reasonable attorney fees), and fuses of any kind resulting from any breach of this Agreement by Client, its employees, agents, subcontractors or licensees, of their obligation under this Agreement, or from any negligence or misconduct by Client, its employees, agents, subcontractors or licensees, but only for the proportion of damages which is equal to Client's proportion of the total fault which directly caused the damages. B. Lrntitation of Liabilit~~ EXCEPT AS EXPRESSLY SET FORTH IN SECTION 1{C) HEREOF, CONSULTANT DISCLAIMS ALL WARRANT[ES OF ANY' KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NO"t LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICUL:4R PURPOSE. AV NO EVENT SHALL EITHER CONSULTANT OR CLIENT BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER FOR BREACH OF ANY WARRANTY, FOR BREACH OR REPUDIATION OF ANY OTHER TERM OR CONDITION OF THIS AGREEMENT, FOR NEGL[GENCE ON THE BASIS OF STRICT LIABILITY OR OTHERWISE. C, Fnsurance {1} Consultant carries coverage and limits of liability insurance as follows: (a) Workers Compensation with statutory limits. {b} Employers' Liability with a minimum policy Iitnit of $1,000,400,00. (c} Comprehensive General Liability with the following coverage: i,; Limit $1,400,000.00 per occurrence II; $2,000,000.00 gerreral aggregate Ill. $2,OOQ000.00 products completed( operations aggregate IY $1,000,000.00 personal and advc~ctising injury V. $300,000.00 fire Damage (any one fire} VI. $25,000.00 medical expenses (any one person} General Conditions cont'd} {d} Automobile insurance 7. Notices covering all awned, non- Any notice under this Agreement shall be in owned or hired writing and shall be deemed to be properly autornobiles used in given when delivered to an officer of Client connection with the work or the Consultant's Chief Financial Officer, covering bodily injury and as the case may be, at their addresses as set property damage with a Earth in the Proposal. The courts located in minimum combined the State of Minnesota shall have exclusive occurrence limit of jurisdiction in any actions commenced by $1,000,000.00 Consultant or Client in connection with this (e) Professional Liability Agreement, the Project orthe Services. (claims made) with the following coverage: 8. Aaplicable Law $1,000,006.00 par This Agreement shalt be governed by and occurrence construed under the laws of the State of (f) Contractor Pollution Minnesota. Parties agree to participate in Liability (claims made): pre-suit mediation prior to commencement $1,000,000.00 each of an action. occurrence (g) Umbrella Liability. 9. Extent of Agreement $5,000;000.®o each This Agreement, together with the Proposal, occunrence represents the entire Agreement between Client and Consultant, and supersedes all (2} Client {ar Owner if applicable}, prior obligations, representations or Subcontractors and Agents agree agreements, either written or oral. This to provide Consultant, upon Agreement maybe aanended only by written rerluest, Certificate(s) of instnunent, dated and executed by both Insurance signed by the insurer Client and Consultant. evidencing insurance for premise liability, general liability, auto 1(T Termination and workers camp. equal or Upon completion oftlre Project, Consultant greater than those limits carried will, ai Client's request, deliver to Client or by the Consultant. its designee all records, documents or materials in its possession or control of (3} Consultant shall promptly Consultant which are owned by CIrent. The deliver to Client (or Owner if obligations and provisions of Sections 1B, applicable}, upon request, 2, 3, 5, 6 and 10 shall survive completion of certificates} of insurance signed the Project or termination of this by the insurer for the policies Agreement. described in (3) (C) above, or certified copies of such insurance policies indicating the existence of such coverage. IEA must be listed as both certificate holder and insured, or additional insured on each certificate of insurance. 4. Assienment This Agreement shall not be assigned by Consultant without prior written consent of the Client. Independent Contractor Consultant is an independent Contractor and shall not be considered an employee, partner or joint venturer of the Client for any purpose. 6. Restriction to hire emulavees of Coersultank Client agrees to refrain from hiring, contracting, or retaining the services of Consultant's employees during or within 12 months after the termination of Consultant's services. Lf C(ient hires an employee of Consultant in violation of this Section b without Consultant's written consent, Client shall gay Consultant a placement fee equal to twenty-five percent (25%) of such employee's annual wages. ~~eP ~~ - ©IEA, INC. 2011