Loading...
Contract - EEC Environmental - 2020-11-2AGREEMENT FOR CONSULTANT SERVICES EEC Environmental SSMP Internal Audit This Agreement ("AGREEMENT") is made and effective as of November 2, 2020, between the Costa Mesa Sanitary District, a sanitary district ("DISTRICT"), and EEC Environmental., a California corporation ("CONSULANT"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: Recitals WHEREAS, on September 21, 2020, the District solicited bids from qualified firms to conduct Sewer System Management Plan (SSMP) Internal Audit; 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 November 2, 2020 and shall remain and continue in effect until tasks described herein are completed as stated in the proposal dated October 12, 2020, 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 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 Eleven Thousand Five Hundred dollars ($11,500) 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, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT. 1 (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 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 3 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 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. 4 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 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 5 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 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. C� 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 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 7 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 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. 8 General Manager A �Q TT T Cn 11 AA 1,1 n'stri& 5eTk- APPROVED TO FORM: d4�k4-vv District Counsel EEC ENVIRONMENTAL CONSULTAN Signaturr Type cT t4alm61 Title k EXH RIJT 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 and Kick-off Meeting 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 to compare with the requirements of the WDR and the overall District practices. 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 final list of documents reviewed will be provided as an attachment to the final audit report. 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 October 12, 2020 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 1 (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. During interviews EEC will ask District staff for their opinions on the performance of the District's programs as well as for any recommendations for program improvements. 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. Proposal to Provide SSMP Internal Audit Services to CMSD 14 October 12, 2020 Deliverables Draft SSMP internal audit report Final SSMP internal audit report 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 and Citizens Advisory Committee Meeting. Having conducted the internal SSMP audit for the District in 2011, 2013, and in 2018 EEC is familiar with the process of the District's Board of Directors, and is comfortable with presenting the audit findings to the Board and Citizens Advisory Committee in a clear, concise, and easy to understand manner. Deliverables Presentation of final report to Costa Mesa Sanitary District Board of Directors and Citizens Advisory Committee 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 Task ame 8 ct '20 cv 1Nov 8 ' 0 Nov 15 2 ov '2 6 c c 20 Doc27,20 Costa Mesa Sanitary District SSMP Internal Audit Notice to Proceed 10J19 Project Kick-off Meeting 1 SSMP and WDR,Assessment DocumentationNeta Desktop Review Staff Interviews and Review of OperationsAWork Places Sewer System Management Plan Audit Report Presentation to CMSD Board of Directors Task External Milestone ♦ Manual Summary Roflup Split ,,,,,,,,,,,,,,,,,,,,, Inactive Task I Manual Summary Project: Project Schedule Milestone ♦ Inactive Milestone Start -only C Date: Thu 1018l20 Summary Inactive Summary Finish -only Project Summary Manual Task Progress External Tasks Duration -only Deadline �1 Page 1 Proposal to Provide SSMP Internal Audit Services to CMSD 15 October 12, 2020 H. Cost Proposal EEC will provide the aforementioned scope of work for a fixed cost of $11,500, 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 2020 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 the Costa 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, 2013 and in 2018; 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 October 12, 2020 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.