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HomeMy WebLinkAboutAGMT - Cheatwood, Harlin PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC WORKS INSPECTOR between 1SEAC .^ RN 9' F Rar t y - c , c • 4 : 0 076, 0 City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 & Harlin Cheatwood 4013 IF Calle Sonora Oeste Laguna Woods, CA 92637 THIS AGREEMENT is made and entered into this 14th day of April 2008, by and between the City of Seal Beach, a municipal corporation ( "City ") and Harlin Cheatwood. RECITALS WHEREAS, the City desires to employ the services of a contractor to provide public works inspection on permits, City projects, and other inspection as directed by the Public Works Director. WHEREAS, the Contractor is fully qualified and desires to perform these services for City as an independent contractor. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, the parties agree as follows: 1. Duties. City hereby engages Contractor to provide the duties of a public works inspector on public works projects as designated by the Public Works Director or his designated representative in accordance with Exhibit "A ", which is hereby incorporated by this reference. 2. Term. A. The term of this Agreement shall commence April 15, 2008 and shall continue on a month -to -month basis until terminated as provided in paragraph "B" below. Page 1 of 5 • • B. Either party may terminate this Agreement upon submitting five (5) days written notice of termination to the other party. 3. Compensation. City agrees to pay Contractor for Contractor's services under this Agreement at the rate of $65.00 an hour, payable within thirty (30) days of the City's receipt of an invoice. In no event shall the total compensation paid by the City to Contractor exceed $63,700 annually and shall not exceed 980 hours per year. 4. Other Terms and Conditions. City may from time -to -time fix other terms and conditions relating to the performance of Contractor provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, City's policies or applicable law. 5. Contractor's Responsibility for Contributions, Payments, or Withholding. Contractor shall be solely responsible for all contributions, payments, or withholdings normally made on behalf of an employee including but not limited to, state and federal income taxes, federal social security contributions, California State disability insurance taxes, and unemployment insurance contributions. 6. Relationship Between the Parties Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Consultant may act as an agent of City only to the extent necessary to perform the duties and obligations required herein. Neither City nor any of its agents shall have control over the conduct of Consultant. Consultant shall not, at any time, or in any manner, represent that he /she is an employee of City, provided, however, that nothing contained in this provision shall be construed or interpreted so as to deprive Consultant of any and all defenses or immunities available to public officials acting in their official capacities. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify the hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws. Contractor shall not be considered an agent or employee of City and shall not be entitled to the benefits provided by City to its employees, including but not limited to workers' compensation insurance, health /medical insurance, dental insurance, life insurance, deferred compensation, disability insurance, unemployment insurance, retirement contribution, sick leave, vacation leave or similar benefits, 7. Insurance. Contractor shall procure and maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified on the next page. Page 2 of 5 • • A. Liability Insurance. Consultant shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property and professional negligence which may arise from or in connection with the performance of the services hereunder by Consultant, and its agents, representatives, employees and subconsultants. B. Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: i. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). ii. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). iii. Professional Liability insurance in a form approved by the City. C. Minimum Limits of Insurance. Consultant shall maintain limits no less than: i. General Liability: $1,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. ii. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. iii. Professional Liability: $1,000,000 per claim/aggregate. D. Deductibles and Self- Insured Retentions. Consultant shall inform City of any deductibles or self- insured retentions except with respect to professional liability insurance. E. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: i. City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials which are not also limitations applicable to the named insured. ii. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City, its officers, officials, Page 3 of 5 • • employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials. Any insurance or self - insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials shall be excess of Consultant's insurance and shall not contribute with it. iii. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. iv. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. v. Each insurance policy, except for the professional liability policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII unless waived in writing by the City Manager. G. Verification of Coverage. No work or services under this Agreement shall commence until Consultant has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverage's and said Certificates of Insurance or binders are approved by the City. Proof of insurance must be sent directly to the City Clerk's Office. 8. Mutual Indemnity A. City agrees to indemnify, defend, and hold harmless Consultant from and against any and all claims, actions, proceedings, suits, or damages, including costs and attorneys' fees, resulting from physical harm or damage to persons or property which harm arises out of or is in any way caused by the acts, omissions, negligence or misconduct of City, its officials, officers, agents or other consultants. In connection with Consultant's performance of the Services, and while Consultant is acting within the course and scope of this Agreement, the parties intend for Consultant to be entitled to the immunities and privileges set forth in the Government Tort Claims Act (California Government Code Sections 810 et seq.) or any other provisions of law providing governmental immunity for municipal corporations, their employees and agents. B. Consultant agrees to indemnify, defend, and hold harmless City, its elected and appointed officials, officers, agents and Consultants against any claims, actions, proceedings, suits, or damages, including costs and attorneys' fees, resulting from physical harm or damage to persons or property which harm arises out of or is in Page 4 of 5 • • any way caused by the acts, omissions, negligence or misconduct of Consultant, its officers, agents or contractors. g egg D ' The provisions of this Mutual Indemnity Clause (Section yr) sha survive the termination or expiration of this agreement. 9. General Provisions. A. The text herein shall constitute the entire agreement between the parties. B. This Agreement shall be construed under the laws of the State of California. Executed as of the day and year first above- written. 1 / . /L �.'... mod Contractor City ManaPr ATTEST: APPROVED AS TO FORM: j 997 City Clerk City Attorney Page 5 of 5 • • EXHIBIT "A" CITY OF SEAL BEACH Public Works Inspector Definition Under direction, performs inspections of permitted and City contracted construction projects for compliance with specifications; and performs related work as required. Distinguishing Characteristics This classification encompasses the journey level to the senior level. Incumbents at the journey level class perform a full range of complex tasks and work within a framework of established procedures with only occasional instruction or assistance. Work is reviewed upon completion and for overall results. Interpretation of general administrative or operational policies is necessary. Incumbents at the advanced journey /senior level perform the most complex tasks and possess a significant level of specialized, technical and functional expertise. Incumbents exercise independent judgment in the performance of duties, with great latitude in determining work methods and assignment requirements. Work may require the development of recommendations consistent with directives, policies and regulations. Examples of Essential Duties The following duties represent the principal job duties; however, they are not all inclusive. When assigned to journey level positions: • Determines quality of materials and workmanship, and compliance with plans, specifications, estimates and all applicable codes and regulations. • Inspects traffic control placed within the City right -of -way. • Checks elevations and grades. • Checks sub -grade conditions and determines soil values for paving purposes. • Inspects mix, placement of and finished concrete and asphalt improvements. • Inspects various underground sub - structures, pipelines, etc. • Prepares memos, progress reports, notices and logs as required. • Checks delivery and materials tickets. • Sketches and records "as built" information pertaining to new construction. • Maintains accurate and up -to -date inspection records. • Reviews sub -grade conditions and determines soil values for paving purposes. • Attends pre -job field meetings. • Reviews various engineering plans for compliance with codes, regulations and other standards. • Inspects dumpsters for compliance; reports un- permitted dumpsters. • Keeps abreast of current codes and regulations affecting City projects. • In addition to the duties listed above, incumbents at the advanced journey /senior level perform the following: • Reviews and assists with inspections ensuring compliance with inspection schedules, department and City policies and procedures. • • • Inspection of Capital Projects • Coordinates inspections and related activities with contractors, utility personnel, consultants and various City staff. • When assigned to City contracts, works closely with assigned Project Manager in coordination of scheduling, inspection of materials and workmanship to ensure adherence to project specifications. • Calculates quantities of materials for projects. • Enters inspection information into the computer. • Gathers and investigates information related to incidents resulting in lawsuits as required. • Serves as a member of the City Standards Review Team and "As Built" Plan Review Team. • Prepares various status, analytical and technical reports and correspondence. Examples of Other Duties The following duties represent duties that are generally performed by this position, but are not considered to be principal job duties: • Attends division and department meetings as required. • Receives and responds to public inquiries and complaints regarding inspections. • Serves on various committees as appropriate. • Inspects dumpsters for compliance; reports un- permitted dumpsters. • Distributes notices, flyers, etc. as assigned. • Perform related duties as required. Minimum Qualification Guidelines Knowledge of: • Methods and practices of public works inspection and materials testing. • Construction methods, materials and equipment. • Principles of algebra, geometry and trigonometry. • Surveying procedures, instruments and equipment. • Basic construction safety practices. • City codes and ordinances, rules and regulations affecting inspection operations. • General City operations. Ability to: • Determine quality of materials and workmanship through inspection. • Determine compliance with plans and specifications. • Maintain accurate notes and sketches. • Make fair and impartial decisions. • Perform complex computations and measurements involving formulas and using advanced applications of algebra, trigonometry and geometry; interpret graphs. • Compile, analyze and apply engineering data. • Operate office and other equipment including a computer, radios, camera, air tester, measuring devices and surveying equipment, etc. • • • Understand and carry out oral and written directions. • Communicate effectively orally and in writing. • Establish and maintain effective relationships with City employees, other City departments, public officials, contractors, outside agencies and the public. • Read and understand technical reports, maps, drawings, specifications, plans, codes, etc. • Learn and utilize new skills and information to improve job performance and efficiency. License or Certificate Must possess and maintain an appropriate, valid California driver's license. Education and Experience Any combination of education and experience that provides the required knowledge and skills is qualifying. A typical way to obtain the knowledge and skills would be: Equivalent to graduation from high school, preferably supplemented by vocational /college coursework related to this field and three years of responsible experience in engineering /public works inspection work. Special Requirements Performance of the essential duties of this position includes the following physical demands and /or working conditions: Requires the ability to perform field work involving exertion of a moderate amount of physical effort to stoop, crouch and lift in the performance of duties; ability to work around traffic and construction sites in a safe manner; sufficient hand /eye coordination to perform skilled repetitive movements such as sketching, and using office equipment and supplies; ability to drive motor vehicles. Tasks require color and visual perception and discrimination, as well as oral communications ability. May be subject to uncomfortable working conditions including exposure to dust, noise, heat or cold and performing inspections in confined spaces.