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Contract - Environmental Engineering & Contracting - 2011-03-15AGREEMENT FOR CONSULTANT SERVICES Environmental Engineering & Contracting, Inc. SSMP Internal Audit This Agreement is made and effective as of ;Wt�d 15 , 2011, between the Costa Mesa Sanitary District, a sanitary district ( "District "), and Environmental Engineering & Contracting, Inc., a California corporation ( "Consultant "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: Recitals WHEREAS, the District adopted a Sewer System Management Plan (SSMP) to comply with the Statewide General Waste Discharge Requirements (GWDR) for sanitary sewer systems (State Water Resources Control Board Order No. 2006-003 - DWQ); 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 Consultant has submitted a proposal to provide internal audit services of the District's SSMP; and WHEREAS, the District finds it is in the public's best interest to accept Consultant's proposal and enter into an agreement to provide said services. NOW, THEREFORE the parties hereto do hereby agree as follows: 'I. TERM This Agreement shall commence on ' XP%A - 15, 2011, and shall remain and continue in effect until tasks described herein are completed as stated in the proposal dated 11, 2011, 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 times, 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 District's General Manager shall represent District in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to be Performed or change the compensation due to Consultant. The District's General Manager shall be authorized to act on District's behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change Consultant's compensation, subject to Section 5 hereof. 5. PAYMENT (a) The District agrees to pay Consultant in accordance with the tasks as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, upon completion of the task. This amount shall not exceed Fifteen Thousand Seven Hundred Twenty Five Dollars ($15,725.00) for the total term of this Agreement unless additional payment is approved as provided in this Agreement. Said sum includes travel and other costs. (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the District General Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by District's General Manager and Consultant at the time District's written authorized is given to Consultant for the performance of said services. The District General Manager may approve additional . work not to exceed the greater of One Thousand Five Hundred Seventy Two Dollars and Fifty Cents ($1,572.50) or 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. 2 (c) Consultant will submit invoices upon task completion. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the District disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The District may, at any time, for any reasons, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior 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 voice 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. 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) If the District General 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 shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which 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. 3 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 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 produce 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. 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 ( "Indemnified Parties ") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (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 full extent permitted by law, 'Consultani 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, are a consequence of, or are in any way attributable to, in 4 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 subconsultants 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 part of this Agreement. Such coverage shall provide automotive, commercial general liability and professional error coverage, if appropriate. 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 whatever 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. 5 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 Costa Mesa Sanitary 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 Costa Mesa Sanitary 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 No member, officer, or employee of District, or their designees or agents, and no public official who exercises authority over or 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 proceed 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 performance of this Agreement shall be considered confidential and shall not be released by Consultant without District's prior written authorization. Consultant, its officers, employees, agents or subconsultants, shall not without written authorization from the District 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, its officers, employees, agents or subconsultants 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 and 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 the right by District to control, direct, or rewrite said response. D (c) Consultant covenants that neither he /she 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 them as an officer, employee, agent or subconsultant. 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 subconsultants 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 628 West 19th Street Costa Mesa, California 92627 Attn: District Clerk To Consultant: Environmental Engineering & Contracting, Inc. 501 Parkcenter Drive Santa Ana, California 92705 Attn: Jim Kolk, Project Manager II 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. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Jim Kolk shall perform the services described in this Agreement. Jim Kolk may use assistants, under its direct supervision, to perform some of the services under this Agreement; however, all client contact and interaction regarding professional services shall be provided by Jim Kolk. Consultant shall provide District 7 fourteen (14) day's notice prior to the departure of Jim Kolk from Consultant's employ. Should he /she leave Consultant's employ, the District shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Board of Directors and the Consultant. 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 The 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 municipal, superior or federal district court with jurisdiction over the Costa Mesa Sanitary 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. 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. H. 23. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he /she has the authority to execute this Agreement on behalf of the Consultant and has 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. MODIFICATION This Agreement may not be modified orally but only in writing, signed by a person with authority to amend this Agreement. 26. 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. [Signatures on Next Page] COSTA MESA SANITARY DISTRICT l General Manager ATTEST: Da rlCt''vlPrk. - . APPRO ED AS TO FORM: District Counsel 10 EEC Sig u John Shaffer Typed Name President Title February 21, 2011 Exhibit A awn ...___�Fl�i- iiiEERii1➢G 6d�C ®iliiill���YFi1i�, ifliC. ���'�_.� Mr. Scott Carroll General Manager Costa Mesa Sanitary District 628 W. 19'' Street Costa Mesa, CA 92627 501 Parkcenter Drive, Santa Ana, CA 92705 Phone (714) 667 -2300 Fax (714) 667 -2310 www.eecworld.com Subject: Proposal for SSMP Program Audit Services Dear Mr. Carroll, Pursuant to your request, Environmental Engineering & Contracting, Inc. (EEC) is pleased to present this proposal to provide Sewer System Management Plan (SSMP) audit services to the Costa Mesa Sanitary District (District). In compliance with the Statewide General Waste Discharge Requirements (GWDR) for Sanitary Sewer Systems (State Water Resources Control Board Order No. 2006- 003 -DWQ), the District developed and implemented a comprehensive SSMP, with the primary objective of reducing and preventing Sanitary Sewer Overflows (SSOs). A key requirement of the SSMP is that routine internal audits be performed to evaluate the effectiveness of the SSMP as well as the District's compliance with the SSMP elements. Based on our experience in the development and assessment of SSMPs in California, EEC is uniquely qualified to provide the internal self -audit services required to help ensure the District's continued compliance with the GWDR. SCOPE OF SERVICES EEC Proposed the following scope of services: Preparation for Internal Audit EEC will coordinate and facilitate a Kick- Offmeeting with District Management and relevant Staff to discuss the purpose and intent of the audit. The Kick-Off meeting will provide an explanation of the audit process and offer an opportunity for staff to ask questions. EEC will identify the initial documents and data necessary for the audit and the group will identify the appropriate Staff responsible for providing the documents /data. It is anticipated that a single two -hour Kick -Off meeting will be required. Deliverables: • Facilitate Audit Kick -Off Meeting • Initial documentation and data request Documentation/Data Review (Desktop Review) EEC will review all provided documentation and data including: Soil + Groundwater + Audits + Wastewater + Stormwater + GIS + Engineering 4 Remediatlon + Construction EEC — CMSD SSMP Internal Audit February 23 2011 • Historical SSO Data • Sewer Maintenance Data (line cleaning, inspections, repair, etc.) • SSMP • Municipal Code • Master Plans • Other Relevant Documents (Design Standards, Procedures, etc.) This desktop review is intended to provide the audit team with an overview of the District's SSMP program. Through this review, EEC will identify the areas that appear to be in compliance with the GWDR as well as any areas that may be deficient. This review will serve as the basis for the development of staff interview needs and questionnaires. Deliverables: • Questionnaires to be utilized for Staff interviews Staff Interviews and Operations/Work Practice Review EEC will work with District staff to develop and coordinate a schedule for audit interview sessions. Interviews will be conducted with Management, Engineering Staff, Field Staff, Data Management Staff, Plan Review Staff, and other support staff as needed. Staff interviews will focus on the procedures, documents and records as well as the work practices and operations supporting the SSMP program. It is anticipated that 6- 10 interview session will be needed (approximately 1 session per SSMP section), with each session lasting 1- 2 hours. An additional 24field interview sessions will be conducted to make observation of field activities and procedures. These sessions are anticipated to last from 2-4 hours. Deliverables: • Interview Schedule • Conduct 6 -10 Interview Sessions • Conduct 24 Field Interview Sessions Report EEC will compile the notes, observations and findings gathered through the audit process into a draft report for management review and comment. In addition to the strengths and program elements in full compliance with the program, the report will identify any areas of nonconformance with the SSMP and/or GWDR. Recommendations for corrective actions to address the identified deficiencies will be provided in a format suitable for on -going tracking of corrective actions by the District. Where applicable, the draft report will also include identified "non - regulatory" recommendations for improvements that could fiuther enhance the efficiency or effectiveness of the CMSD SSMP program. EEC will prepare a final report, including incorporation of comments received from the District's review. The "non- regulatory" recommendations for program enhancements will be excluded from the final report. EEC will also prepare and conduct a presentation of the final report to the District Board of Directors Deliverables: • Draft Report 01 EEC — CMSD SSMP Intemal Audit Febtuaty 23 2011 • Final Report • Corrective Action Tracking Spreadsheet • Presentation of Final Report to District Board of Directors COST ESTIMATE EEC will provide the aforementioned scope of work on a Fixed Fee basis of $15,725 that will be billed upon completion with payment terms of net 30 days. This work will be conducted pursuant to EEC's Standard Terms & Conditions (attached). if there is an authorized change in scope, the additional services will be billed according to the Fee Schedule (attached). It is anticipated that this work can be completed within 4 -6 weeks and EEC is available to start within 2 weeks of District approval (signed acceptance, purchase order or contract). Thank you again for this opportunity to provide these professional services to the Costa Mesa Sanitary District. If you have any questions, please call me at (714) 667 -2300. Sincerely, Environmental Engineering and Contracting, Inc. Jim Kolk Project Manager II ACCEPTANCE If the proposed scope of work, costs of services, and payment terms stated herein meet with your approval, please acknowledge acceptance of same and initiate authorization to proceed by signing and faxing a copy of this document to 714- 667 -2310 or scanning and e- mailing a signed copy to ikolk(&eecworld.com. Print Name Print Title Signature Date 3 2011 Fee Schedule Prior to the commencement of services provided by EEC a Professional Service Agreement, Contract, Purchase Order, or Commitment Letter must be executed by both parties engaged. PERSONNEL-CHARGES The charge for all time required for the performance of the Scope of Work, including office, field and travel time, will be billed at the hourly rate according to the labor classifications set forth below: Labor Classification Hourly Rate Staff Engineer /Geologist/Scientist $95 _ l� lava � ®il09 i�fii E 11�'TA!$.. ENGINEERING & CONTRACTING, INC. Project Engineer /Geologist/Scientist -1 501 Parkcenter Drive, Santa Ana, CA 92705 Project Engineer /Geologist/Scientist - II Phone (714) 667 -2300 Fax (714) 667 -2310 2011 Fee Schedule Prior to the commencement of services provided by EEC a Professional Service Agreement, Contract, Purchase Order, or Commitment Letter must be executed by both parties engaged. PERSONNEL-CHARGES The charge for all time required for the performance of the Scope of Work, including office, field and travel time, will be billed at the hourly rate according to the labor classifications set forth below: Labor Classification Hourly Rate Staff Engineer /Geologist/Scientist $95 Sr Staff Engineer /Geologist/Scientist $105 Project Engineer /Geologist/Scientist -1 $125 Project Engineer /Geologist/Scientist - II $135 Sr Project Engineer /Geologist/Scientist -1 $160 Sr Project Engineer /Geologist/Scientist - II $180 Principal Geologist $205 Principal $205 Project Assistant $75 Technician $85 Drafter $95 Sr Technician $95 Compliance Inspector $95 GIS Analyst $95 GIS, IT Supervisor $125 Construction Technician $65 Construction Field Supervisor $85 Construction Manager $90 Sr Construction Manager $115 Emergency response and client requested work during non - standard business hours will be charged at a rate of 1.25 times the standard hourly rate. Travel Vehicles used on project assignments will be charged at $50 per day. Mileage is billed at the current rate established by the Internal Revenue Service plus mark up. Per Diem is billed at a unit cost of $50 per day. Airfare, lodging, rental cars and associated expenses are billed at cost plus mark up. Field Equipment Field Equipment is billed at standard unit costs. Rate schedules are available upon request. Subcontractors and Reimbursables The costs of subcontractors, materials, equipment rental and costs incurred will be charged at cost plus 15 %. Other Project Charges The cost of additional report reproduction and special project accounting will be billed as appropriate. Plotting plans are charged by size, black and white or color, and by the number of copies supplied. Shipping and Postage Shipping charges include couriers and the postage necessary will be charged at cost plus markup. Interest Charges When EEC Staff appear as expert witnesses at court Interest on late payments will be charged at the rate trials, mediation, arbitration hearings and depositions, of 1.5% per month. their time will be charged at 2.0 times the standard rate. All time spent preparing for such trials, hearings, and depositions, will be charged at the standard hourly rate. Payment Terms Net 30 days apply to all work performed and invoiced unless superseded by a specific executed contract. This Fee Schedule is adjusted each subsequent year to reflect the economic changes for the new year. The new schedule will apply to existing and new assignments. Sal ♦ Ckmmbalm • Ax • Y%s{ewater ♦ Stmmwarm ♦ GS • &Vb wing ♦ Rw*cWm ♦ C 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. Workers' 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) Workers' 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 sub - consultants 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: 15