Contract - Environmental Engineering & Contracting - 2018-01-15 rr►`
AGREEMENT FOR CONSULTANT SERVICES
Environmental Engineering & Contracting, Inc.
SSMP Internal Audit
This Agreement ("AGREEMENT") is made and effective as of January 15, 2018,
between the Costa Mesa Sanitary District, a sanitary district ("DISTRICT"), and
Environmental Engineering & Contracting, Inc., a California corporation
("CONSULANT"). In consideration of the mutual covenants and conditions set forth
herein, the parties agree as follows:
Recitals
WHEREAS, on November 15, 2017, the District solicited bids from qualified firms
to conduct an internal audit of the District's Sewer System Management Plan (SSMP);
and
WHEREAS, a requirement of the SSMP is that routine internal audits be
performed to evaluate the effectiveness of the plan as well as the District's compliance
with the SSMP elements; and
WHEREAS, the District desires to hire the services of a qualified consultant who
has experience performing internal audits of SSMP's in California; and
WHEREAS, the DISTRICT has determined that the CONSULTANT possesses
the professional skills and ability to provide said services for the DISTRICT;
NOW, THEREFORE the parties hereto agree as follows:
1. TERM
This Agreement shall commence on January 15, 2018 and shall remain and
continue in effect until tasks described herein are completed as stated in the proposal
dated December 14, 2017, unless sooner terminated pursuant to the provisions of this
Agreement.
2. SERVICES
CONSULTANT shall perform the tasks described and set forth in Exhibit A,
attached hereto and incorporated herein as though set forth in full. CONSULTANT shall
complete the tasks according to the schedule of performance which is also set forth in
Exhibit A.
3. PERFORMANCE
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CONSULTANT shall, at all time, faithfully, competently, and to the best of
his/her/its ability, experience, and talent perform all tasks described herein.
CONSULTANT shall employ, at a minimum, generally accepted standards and
practices utilized by persons engaged in providing similar services as are required of
CONSULTANT hereunder in meeting its obligations under this AGREEMENT.
4. DISTRICT MANAGEMENT
The General Manager shall represent DISTRICT in all matters pertaining to the
administration of this AGREEMENT, including review and approval of all products
submitted by CONSULTANT. Notwithstanding the foregoing, the General Manager's
authority to enlarge the tasks to be performed or change CONSULTANT's
compensation is subject to Section 5 hereof.
5. PAYMENT
(a) The DISTRICT, upon presentation of an invoice, agrees to pay the
CONSULTANT Ten Thousand, Five Hundred dollars ($10,500) for the total term of the
AGREEMENT [in accordance with Exhibit A, attached hereto and incorporated herein
by reference OR upon completion of the task]. No other expenditures made by
CONSULTANT shall be reimbursed by DISTRICT.
(b) CONSULTANT shall not be compensated for any services rendered in
connection with its performance of this AGREEMENT that are in addition to those set
forth herein, unless such additional services are requested in a written change order
and are approved in advance and in writing by DISTRICT. The written change order
requirement cannot be waived. The General Manager may approve change orders for
additional work not to exceed the cumulative value of ten percent (10%) of the total
contract sum. Any additional work in excess of this cumulative amount shall be
approved by the Board of Directors.
(c) CONSULTANT will submit invoices upon task completion unless
otherwise agreed. Payment shall be made within thirty (30) days of receipt of each
invoice as to all non-disputed fees. If DISTRICT disputes any of CONSULTANT's fees,
DISTRICT shall give written notice to CONSULTANT within thirty (30) days of receipt of
an invoice of any disputed fees contained in the invoice.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
(a) The DISTRICT may, at any time, for any reason, with or without cause,
suspend or terminate this AGREEMENT, or any portion hereof, by serving upon the
CONSULTANT written notice. Upon receipt of said notice, the CONSULTANT shall
immediately cease all work under this AGREEMENT, unless the notice provides
otherwise. If the DISTRICT suspends or terminates a portion of this AGREEMENT,
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such suspension or termination shall not make void or invalidate the remainder of this
AGREEMENT.
(b) In the event this AGREEMENT is terminated pursuant to this Section, the
DISTRICT shall pay to CONSULTANT the actual value of the work performed up to the
time of termination, provided that the work performed is of value to the DISTRICT.
CONSULTANT shall immediately turn over all work-product to DISTRICT in a readily
usable form. Upon termination of the AGREEMENT pursuant to this Section, the
CONSULTANT will submit an invoice to the DISTRICT pursuant to Section 5.
7. DEFAULT OF CONSULTANT
(a) The CONSULTANT's failure to comply with the provisions of this
AGREEMENT shall constitute a default. In the event that CONSULTANT is in default
for cause under the terms of this AGREEMENT, DISTRICT shall have no obligation or
duty to continue compensating CONSULTANT for any work performed after the date of
default and can terminate this AGREEMENT immediately by written notice to the
CONSULTANT. If such failure by the CONSULTANT to make progress in the
performance of work hereunder arises out of causes beyond the CONSULTANT's
control, and without fault of negligence of the CONSULTANT, it shall not be considered
a default.
(b) As an alternative to the procedure for immediate termination for default set
forth in subparagraph (a), if the District Manager or his/her delegate determines that the
CONSULTANT is in default in the performance of any of the terms or conditions of this
AGREEMENT, he/she may in his/her discretion cause to be served upon the
CONSULTANT a written notice of the default and demand to cure. The CONSULTANT
shall have ten (10) days after service upon it of said notice to cure the default by
rendering a satisfactory performance. In the event that the CONSULTANT fails to cure
its default within such period of time, the DISTRICT shall have the right, notwithstanding
any other provision of this AGREEMENT, to terminate this AGREEMENT without further
notice and without prejudice to any other remedy to which it may be entitled at law, in
equity or under this AGREEMENT.
8. OWNERSHIP OF DOCUMENTS
(a) CONSULTANT shall maintain complete and accurate records with respect
to the professional services required by this AGREEMENT and will produce the work
product specified in Exhibit A and other such information required by DISTRICT that
relate to the performance of services under this AGREEMENT. CONSULTANT shall
maintain adequate records of services provided in sufficient detail to permit an
evaluation of services. All such records shall be maintained in accordance with
generally accepted accounting principles and shall be clearly identified and readily
accessible. CONSULTANT shall provide free access to the representatives of
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DISTRICT or its designees at reasonable times to such books and records; shall give
DISTRICT the right to examine and audit said books and records; shall permit
DISTRICT to make transcripts therefrom as necessary; and shall allow inspection of all
work, data, documents, proceedings, and activities related to this AGREEMENT. Such
records, together with supporting documents, shall be maintained for a period of three
(3) years after receipt of final payment.
(b) Upon completion, termination, or suspension of this AGREEMENT, all
work product reduced to any medium and other documents prepared in the course of
providing the services to be performed pursuant to this AGREEMENT shall become the
sole property of the DISTRICT and may be used, reused, or otherwise disposed of by
the DISTRICT without the permission of the CONSULTANT. With respect to computer
files, CONSULTANT shall make available to the DISTRICT, at the CONSULTANT's
office and upon reasonable written request by the DISTRICT, the necessary computer
software and hardware for purposes of accessing, compiling, transferring, and printing
computer files. Said software and hardware shall be made available to DISTRICT at
CONSULTANT's cost.
9. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a
professional standard of care for CONSULTANT's services, to the fullest extent
permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless
DISTRICT and any and all of its officials, employees, and agents from and against any
and all losses, liabilities, damages, costs, and expenses, including attorney's fees and
costs to the extent the same arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of CONSULTANT, its officers, agents, employees, or
sub CONSULTANT s (or any entity or individual that CONSULTANT shall bear the legal
liability thereof) in the performance of professional services under this AGREEMENT.
(b) Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the fullest extent permitted by law,
CONSULTANT shall indemnify, defend, and hold harmless DISTRICT and any and all
of its employees, officials, and agents from and against any liability (including liability for
claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or
threatened, including attorney's fees and costs, court costs, interest, defense costs, and
expert witness fees), where the same arise out of, pertain to, relate to, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of
this AGREEMENT by CONSULTANT or by any individual or entity for which
CONSULTANT is legally liable, including, but not limited to, officers, agent, employees,
or sub CONSULTANT s of CONSULTANT.
10. INSURANCE
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CONSULTANT shall maintain prior to the beginning of and for the duration of this
AGREEMENT insurance coverage as specified in Exhibit B attached to and made part
of this AGREEMENT.
11. INDEPENDENT CONSULTANT
(a) CONSULTANT is and shall at all times remain as to the DISTRICT a
wholly independent CONSULTANT. The personnel performing the services under this
AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's
exclusive direction and control. Neither DISTRICT nor any of its officers, employees, or
agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's
officers, employees, or agents, except as set forth in this AGREEMENT.
CONSULTANT shall not at any time or in any manner represent that it or any of its
officers, employees, or agents are in any manner officers, employees, or agents of the
DISTRICT. CONSULTANT shall not incur or have the power to incur any debt,
obligation, or liability whatsoever against DISTRICT or bind DISTRICT in any manner.
(b) No employee benefits shall be available to CONSULTANT in connection
with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT
as provided in the AGREEMENT, DISTRICT shall not pay salaries, wages, or other
compensation to CONSULTANT for performing services hereunder for DISTRICT.
DISTRICT shall not be liable for compensation or indemnification to CONSULTANT for
injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES
The CONSULTANT shall keep itself informed of State and Federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this AGREEMENT. The CONSULTANT shall at
all times observe and comply with all such laws and regulations. The DISTRICT and its
officers and employees shall not be liable at law or in equity occasioned by failure of the
CONSULTANT to comply with this Section.
13. UNDUE INFLUENCE
CONSULTANT declares and warrants that no undue influence or pressure has
been used against or in concert with any officer or employee of the DISTRICT in
connection with the award, terms, or implementation of this AGREEMENT, including
any method of coercion, confidential financial arrangement, or financial inducement. No
officer or employee of the DISTRICT will receive compensation, directly or indirectly,
from CONSULTANT or from any officer, employee, or agent of CONSULTANT in
connection with the award of this AGREEMENT or any work to be conducted as a result
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of this AGREEMENT. Violation of this Section shall be a material breach of this
AGREEMENT entitling the DISTRICT to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of DISTRICT, or their designees or agents, and
no public official who exercises authority over or has responsibilities with respect to the
project during his/her tenure or for one year thereafter shall have any interest, direct or
indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the project performed under this AGREEMENT.
15. RELEASE OF INFORMATION / CONFLICTS OF INTEREST
(a) All information gained by CONSULTANT in the performance of this
AGREEMENT shall be considered confidential and shall not be released by
CONSULTANT without DISTRICT's prior written authorization. CONSULTANT and its
officers, employees, agents, or sub CONSULTANT s shall not, without written
authorization from the General Manager or unless requested by the District Counsel,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories, or other information concerning the work performed under this
AGREEMENT or relating to any project or property located within the DISTRICT.
Response to a subpoena or court order shall not be considered "voluntary" provided
CONSULTANT gives DISTRICT notice of such court order or subpoena.
(b) CONSULTANT shall promptly notify DISTRICT should CONSULTANT or its
officers, employees, agents, or sub CONSULTANT s be served with any summons,
complaint, subpoena, notice of deposition, request for documents, interrogatories,
requests for admissions, or other discovery request, court order, or subpoena from any
person or party regarding this AGREEMENT or the work performed thereunder or with
respect to any project or property located within the DISTRICT. DISTRICT retains the
right, but has no obligation, to represent CONSULTANT and/or be present at any
deposition, hearing, or similar proceeding. CONSULTANT agrees to cooperate fully with
DISTRICT and to provide the opportunity to review any response to discovery requests
provided by CONSULTANT. However, DISTRICT's right to review any such response
does not imply or mean that DISTRICT has a right to control, direct, or rewrite said
response.
(c) CONSULTANT covenants that neither he/she/it nor any officer or principal
of their firm have any interest in, or shall acquire any interest, directly or indirectly, which
will conflict in any manner or degree with the performance of their services hereunder.
CONSULTANT further covenants that in the performance of this AGREEMENT, no
person having such interest shall be employed by it/them as an officer, employee,
agent, or sub CONSULTANT. CONSULTANT further covenants that CONSULTANT
has not contracted with nor is performing any services, directly or indirectly, with any
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developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning
property in the DISTRICT or the study area and further covenants and agrees that
CONSULTANT and/or its sub CONSULTANT s shall provide no service or enter into
any agreement or agreements with a/any developer(s) and/or property owner(s) and/or
firm(s) and/or partnership(s) owning property in the DISTRICT or the study area prior to
the completion of the work under this AGREEMENT.
16. NOTICES
Any notices which either party may desire to give to the other party under this
AGREEMENT must be in writing and may be given by: (i) personal service, (ii) delivery
by a reputable document delivery service, such as, but not limited to, Federal Express,
which provides a receipt showing date and time of delivery, or (iii) mailing in the United
States Mail, certified mail, postage prepaid, return receipt requested, addressed to the
address of the party as set forth below or at any other address as that party may later
designate by notice:
To DISTRICT: Costa Mesa Sanitary District
290 Paularino Ave
Costa Mesa, California 92626
Attn: Nabila Guzman, Management Analyst I
To CONSULTANT: EEC Environmental
One City Boulevard West, Suite 1800
Orange, CA 92868
Attn: Joseph Jenkins, Project Manager
17. ASSIGNMENT
The CONSULTANT shall not assign the performance of this AGREEMENT, nor
any part thereof, nor any monies due hereunder, without prior written consent of the
DISTRICT.
18. LICENSES
At all times during the term of this AGREEMENT, CONSULTANT shall have in
full force and effect all licenses required of it by law for the performance of the services
described in this AGREEMENT.
19. GOVERNING LAW
DISTRICT and CONSULTANT understand and agree that the laws of the State
of California shall govern the rights, obligations, duties, and liabilities of the parties to
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this AGREEMENT and also govern the interpretation of this AGREEMENT. Any
litigation concerning this AGREEMENT shall take place in the superior or federal district
court with jurisdiction over the DISTRICT.
20. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties
relating to the obligations of the parties described in this AGREEMENT. All prior or
contemporaneous agreements, understandings, representations, and statements, oral
or written, are merged into this AGREEMENT and shall be of no further force or effect.
Each party is entering into this AGREEMENT based solely upon the representations set
forth herein and upon each party's own independent investigation of any and all facts
such party deems material.
21. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONSULTANT is bound by the contents of Exhibit A, hereto and incorporated
herein by this reference. In the event of conflict, the requirements of DISTRICT's
Request for Proposals and this AGREEMENT shall take precedence over those
contained in the CONSULTANT's proposals.
22. MODIFICATION
No modification to this AGREEMENT shall be effective unless it is in writing and
signed by authorized representatives of the parties hereto. This written modification
requirement cannot be waived.
23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT
warrant(s) and represent(s) that he/she/they has/have the authority to execute this
AGREEMENT on behalf of the CONSULTANT and has/have the authority to bind
CONSULTANT to the performance of its obligations hereunder.
24. INTERPRETATION
In the event of conflict or inconsistency between this AGREEMENT and any
other document, including any proposal or Exhibit hereto, this AGREEMENT shall
control unless a contrary intent is clearly stated.
25. BUSINESS LICENSE
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CONSULTANT shall obtain a business license from the City of Costa Mesa
unless legally exempt.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
be executed this day and year first above written.
COSTA MESA SANITARY DISTRICT EEC ENVIRONMENTAL
CONSULTANT
General Manager Sign re
ohn Shaffer
Typed Name
President
ATT T: Title
n - 1 (
D' tri t Ierk W
APPROVED TO FORM:
ALIA r
District Counsel
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Exhibit A
G. Detailed Work Plan
The following work plan details each task required to complete the proposed SSMP internal audit,
including significant deliverables. An estimated project schedule is also provided in Figure 6-1, Proposed
Project Schedule; however, dates are subject change based on the notice to proceed date and any other
potential scheduling considerations.
Preparation for Internal Audit
EEC will coordinate and facilitate a project kick-off meeting with District management and relevant staff
to discuss the purpose and intent of the audit. At the kick-off meeting, EEC will explain the audit process
and allow District staff to ask questions. EEC will identify the documents and data necessary for the
audit, and the group will identify the staff responsible for providing the documents/data. It is
anticipated that a single one-hour kick-off meeting will be required.
Deliverables
• Audit kick-off meeting and meeting materials
• Request for initial documentation and data
SSMP and WDR Assessment
Based on the previous internal SSMP audits EEC has conducted for the District, EEC is intimately familiar
with the District's SSMP and whether or not it complies with the requirements of the WDR. For this
audit, EEC will review the District's SSMP and supporting program documents with a focus on the
Monitoring and Reporting requirements established in 2014.
Documentation/Data Gathering and Review
EEC will review all provided documentation and data, including the following:
• Historical SSO data
• SSO Emergency Response Plan
• Sewer maintenance data (line cleaning, inspections, repair,etc.)
• SSMP
• Municipal code
• Master plans
• Other relevant documents(design standards, procedures, etc.)
The desktop review is intended to provide the audit team with an overview of the District's SSMP
program. EEC will identify areas that appear to be in compliance with the WDR and any areas that may
be deficient. This review will serve as the basis for developing the needs and questionnaires for staff
interviews.
Proposal to Provide SSMP Internal Audit Services to CMSD 13 December 14,2017
Deliverables
• Staff interview questionnaires
Staff Interviews and Review of Operations/Work Practices
EEC will work with District staff to schedule interviews with the staff responsible for the implementation
and management of the SSMP elements. Interviews will be scheduled with the following District staff at
a minimum:
• General Manager
• District Engineer
• Wastewater Maintenance Superintendent
• SCADA Technician
• Wastewater Maintenance Worker III
• Wastewater Maintenance Worker II (2)
• Wastewater Maintenance Worker I (2)
Staff interviews will focus on the procedures, documents, and records, as well as the work practices and
operations, related to the SSMP program. It is anticipated that 2 to 4 interview sessions will be needed,
with each session lasting 1 to 2 hours. 1 to 2 additional interview sessions will be conducted with field
staff to observe field activities and procedures. These sessions are anticipated to last between 1 and 2
hours.
Deliverables
• Interview Schedule
• Conduct 2-4 Interview Sessions
• Conduct 1-2 Field Interview Sessions
Final Report
EEC will compile the notes, observations, and findings gathered through the audit process into a draft
Sewer System Management Plan Audit Report and will submit the draft report to the District for review
and comment. In addition to identifying the strengths and compliance areas of the program, the report
will identify any areas where the District is out of compliance with the SSMP and/or WDR. Based on the
findings, EEC will provide recommendations for corrective actions in a format suitable for ongoing
tracking of corrective actions by the District. Where applicable, the draft report will also include
identified non-regulatory, that is, discretionary, recommendations for improvements that could further
enhance the efficiency or effectiveness of the program.
EEC will incorporate the District's comments into the final SSMP Audit Report. The discretionary
recommendations for program enhancements will be excluded from the final report.
Deliverables
• Draft SSMP internal audit report
• Final SSMP internal audit report
Proposal to Provide SSMP Internal Audit Services to CMSD 14 December 14,2017
• Corrective action tracking spreadsheet
Present Findings to the Board of Directors
EEC will prepare a presentation of the final report for the Costa Mesa Sanitary District Board of
Directors. Having conducted the internal SSMP audit for the District in 2011 and in 2013, EEC is familiar
with the process of the District's Board of Directors, and is comfortable with presenting the audit
findings to the Board in a clear,concise,and easy to understand manner.
Deliverables
• Presentation of final report to Costa Mesa Sanitary District Board of Directors
Project Schedule
Following is a general schedule of tasks and milestones based on the scope of work. During the project
kick-off meeting, the schedule will be reviewed with the District's staff and revised as necessary.
Additionally, the schedule will be routinely updated as needed as tasks are completed and milestones
are reached.
Figure 6-1, Proposed Project Schedule
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Proposal to Provide SSMP Internal Audit Services to CMSD 15 December 14,2017
H. Cost Proposal
EEC will provide the aforementioned scope of work for a fixed cost of$10,500,which will be billed upon
project completion with payment terms of net thirty (30) days. This cost includes all expected
expenditures such as consultant fees, phone calls, preparation of deliverables, travel expenses, etc. If
additional, out-of-scope work is requested or is required due to extenuating circumstances, EEC will
notify the District for authorization to proceed. The additional work will be billed on a time-and-
materials basis in accordance with EEC's 2017 Fee Schedule with net thirty(30)days payment terms. It is
anticipated that this work can be completed within 6 to 8 weeks of receipt of authorization to proceed.
EEC is available to initiate work efforts within 2 weeks of receipt of authorization to proceed (notice to
proceed, purchase order,or contract).
I. Distinguishing Characteristics
Audit Expertise
EEC's proven experience in conducting program audits for public agencies and private entities, including
SSMP audits, industrial pretreatment program audits, health and safety audits, and environmental
compliance audits,equips the firm with an expert bilateral perspective that will benefit the District. This
perspective will ensure that program deficiencies are identified from a regulator's point of view, while
providing sensible recommendations that don't unnecessarily burden the technological and human
resources of the District.
History with_theCosta Mesa Sanitary District and the Orange County Region
EEC is a local firm with a demonstrated understanding of the SSO WDR,from its inception in 2002 to its
current form in 2017. EEC has worked with the District since 2003 and conducted the agency's internal
SSMP audit in 2011 and in 2013; as a result, EEC has in-depth knowledge of the District's SSMP and
associated programs and development history. This unique combination of experience and knowledge
will ensure the most efficient utilization of District technological and human resources in the audit
process. EEC's existing relationships with key District staff will also contribute to efficient exchange of
information and result in more candid program discussions and comments.
National Perspective
The District will benefit from EEC's national experience with development and implementation of critical
SSO reduction programs drawing upon the best practices and concepts employed by programs outside
of Orange County.
Data Management and GIS
EEC recognizes the critical role that data management and GIS play in efficient management and
monitoring of the District's SSMP program.This knowledge and experience will continue to be leveraged
by the District to ensure effective and efficient tools are in place for ongoing performance monitoring
and measurement tasks.
Proposal to Provide SSMP Internal Audit Services to CMSD 16 December 14,2017
Exhibit B
Insurances
Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following:
(1) General Liability: Insurance Services Office Commercial General Liability coverage; (2)Automobile
Liability: Insurance Services Office Business Auto Coverage, code 1(any auto);and (3) Workers'
Compensation and Employer's Liability:Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability:
$1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial
General Liability Insurance or other form with general aggregate limit is used,either the general
aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be
twice the required occurrence limit; (2)Automobile Liability: $1,000,000 per accident for bodily injury
and property damage; and (3) Worker's Compensation and Employer's Liability:Workers'Compensation
limits as required by the Labor Code of the State of California. Employer's Liability limits of$1,000,000
per accident for bodily injury or disease.
Professional Liability. Consultant shall procure and maintain, and require its subconsultants to procure
and maintain,for a period of five (5)years following completion of the Project,errors and omissions
liability insurance appropriate to their profession.Such insurance shall be in an amount not less than
$1,000,000 per claim,and shall be endorsed to include contractual liability.
Insurance Endorsements. The insurance policies shall contain the following provisions,or Consultant
shall provide endorsements on forms supplied or approved by the District to add the following
provisions to the insurance policies.