CONTRACT 7059 One Page Service AgreementAgreement No. 7059
AGREEMENT FOR ON -CALL CONSTRUCTION SERVICES
BY AND BETWEEN
' THE CITY OF EL SEGUNDO
AND
DILIGENT GROUP
This On -Call Public Works Contract ("Contract" or "Agreement") is entered into this 1st day of
August, 2024 by and between the City of El Segundo, a general law city and municipal corporation
("City"), and Diligent Group, a California Corporation ("Contractor").
In consideration of the provisions set forth below, City and Contractor (collectively, the "Parties")
mutually agree to the following:
1. Scope of Services; Task Orders. City requires, from time to time, public works
services. The services identified in this Agreement will be authorized by task orders issued
pursuant to this Contract. All task orders pursuant to this contract will become exhibits and are
incorporated by this reference as if fully set forth. Each task order must be substantially in the
same form as Exhibit 'A" which is attached hereto and incorporated by reference.
A. Work performed under this Agreement will be performed within the Agreement's
term, on an on -call basis, as requested by the City from time to time, as needed, with a
task order assigned and approved by the City.
B. To be effective, such task orders must be in writing, cannot exceed $25,000, and
must be executed by a City Director or the City Manager.
C. Each task order must contain a specific scope of work, schedule of performance,
and compensation amount.
D. Compensation under the aggregate task orders must not exceed the amount set
forth in Section 3, below.
E: Contractor will, in a workmanlike manner, furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials, equipment,
printing, vehicles, transportation, office space and facilities, and all tests, testing and
analyses, calculation, and all other means whatsoever, except as herein otherwise
expressly specified to be furnished by City, necessary or proper to perform and complete
the work and provide the services required of Contractor by this Agreement.
2. Time for Performance. Contractor will not perform any work under this Agreement
until
A. Contractor furnishes proof of insurance as required under this Agreement; and
B. City gives Contractor a completed task order.
C. Should Contractor begin work in advance of receiving written authorization to
proceed, any such services are at Contractor's own risk.
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3. Compensation.
A. City's compensation to Contractor under this Agreement will not exceed the
aggregate amount of $40,000.
B. Compensation for each task will be as set forth in each task order, in accordance
with the rates set forth in Exhibit "B," which is incorporated by reference. The provisions
contained in this Agreement supersede any conflicting provisions in Exhibit "B."
4. Independent Contractor. City and Contractor agree that Contractor will act as an
independent contractor and will have control of all work and the manner in which is it performed.
Contractor will be free to contract for similar service to be performed for other employers while
under contract with City. Contractor is not an agent or employee of City and is not entitled to
participate in any pension plan, insurance, bonus or similar benefits City provides for its
employees. Any provision in this Agreement that may appear to give City the right to direct
Contractor as to the details of doing the work or to exercise a measure of control over the work
means that Contractor will follow the direction of the City as to end results of the work only.
5. Notices,
A. All notices given or required to be given pursuant to this Agreement will be in writing
and may be given by personal delivery or by mail. Such noticing does not include day-to-
day communications between City's and Contractor's project managers. Notice sent by
mail will be addressed as follows:
If to CONSULTANT: If to CITY:
Attention: Daniel Molina Attention: Jose Calderon, ITSD Director
Diligent Group City of El Segundo
3050 Field Avenue 350 Main Street
Los Angeles, California 90016 El Segundo, California 90245
(323) 407-4202 (310) 524-2392
diligentgrp@outlook.com jcalderon@elsegundo.org
B. When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances, notices will
be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
6. Assignability. The expertise and experience of Contractor are material considerations for
this Contract. Contractor must give its personal attention to the fulfillment of this Contract and at
all times keep all portions of the work under its full and complete control and direction. Neither
party to this Contract may assign or transfer any of the interest or obligations set forth in this
Contract without the prior written consent of the other party, and any attempt by either party to
assign or transfer any of their respective rights, duties, or obligations under this Contract is void.
7. Work Performance. Unless otherwise specifically specified in a task order, Contractor
must, at its own proper cost and expense, do all work and furnish all materials, equipment, tools,
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apparatus, facilities, labor, transportation, and incidentals necessary to construct and complete
the assigned work. Work must be done to the full satisfaction of City in accordance with the highest
standard prevailing in the trades. Only materials and workmanship of the first quality may be used.
For the purposes of this Section, the term "highest standard prevailing in the trades" means a
standard having such regularity of observance in the trades so as to justify an expectation in
Contractor's performance of the work done. City inspection is limited to a general review for
conformity to task order requirements, and does not relieve Contractor from its sole responsibility
for the work product provided.
8. Prevailing Wages.
A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations
§ 16000, Contractor must pay its workers prevailing wages. It is Contractor's responsibility
to interpret and implement any prevailing wage requirements and Contractor agrees to pay
any penalty or civil damages resulting from a violation of the prevailing wage laws.
B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem
wages are available upon request from City's Engineering Division or the website for State
of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD.
Contractor must post a copy of the prevailing rate of per diem wages at the job site.
C. City directs Contractor's attention to Labor Code §§ 1777.5, 1777.6 and 3098
concerning the employment of apprentices by Contractor or any subcontractor.
D. Labor Code § 1777.5 requires Contractor or subcontractor employing tradesmen in
any apprenticeship occupation to apply to the joint apprenticeship committee nearest the
site of the public works project and which administers the apprenticeship program in that
trade for a certificate of approval. The certificate must also fix the ratio of apprentices to
journeymen that will be used in the performance of the contract. The ratio of apprentices
to journeymen in such cases will not be less than one to five except:
i. When employment in the area of coverage by the joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days before the request
for certificate, or
ii. When the number of apprentices in training in the area exceeds a ratio of one
to five, or
iii. When the trade can show that it is replacing at least 1/30 of its membership
through apprenticeship training on an annual basis state wide or locally, or
iv. When Contractor provides evidence that Contractor employs registered
apprentices on all of his contracts on an annual average of not less than one
apprentice to eight journeymen.
V. Contractor is required to make contributions to funds established for the
administration of apprenticeship programs if Contractor employs registered
apprentices or journeymen in any apprenticeable trade on such contracts and if
other contractors on the public works site are making such contributions.
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vi. Contractor and any subcontractor must comply with Labor Code §§ 1777.5
and 1777.6 in the employment of apprentices.
vii. Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations, ex officio
the Administrator of Apprenticeship, San Francisco, California, or from the Division
of Apprenticeship Standards and its branch offices.
E. Contractor and its subcontractors must keep an accurate certified payroll records
showing the name, occupation, and the actual per diem wages paid to each worker
employed in connection with this Agreement. The record will be kept open at all reasonable
hours to the inspection of the body awarding the contract and to the Division of Labor Law
Enforcement. If requested by City, Contractor must provide copies of the records at its cost.
9. Protection of Property. City makes no warranty that it has full legal right to authorize
Contractor's entry to various property sites, and Contractor assumes full responsibility thereof.
Contractor agrees to secure owner's permission before entering said property sites, take all
reasonable precautions to prevent damage to property (both visible and concealed), and insofar
as is practicable, restore property to its pre-existing condition before completing each task order.
10. Indemnification.
A. Contractor indemnifies and holds City harmless from and against any claim, action,
damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising
out of this Agreement, or its performance except for such loss or damage arising from City's
sole negligence or willful misconduct. Should City be named in any suit, or should any
claim be brought against it by suit or otherwise, whether the same be groundless or not,
arising out of this Agreement, or its performance, Contractor will defend City (at City's
request and with counsel satisfactory to City) and will indemnify City for any judgment
rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section "City" includes City's officers, officials, employees,
agents, representatives, and volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
D. Execution of this Contract is conclusive evidence that Contractor agrees that the
indemnification provisions set forth in this Section are intended to be as broad and inclusive
as is permitted by law; and that if any sentence, clause, phrase or other portion of these
Section provisions is held invalid, then the balance will, notwithstanding, continue in full
legal force and effect.
11. Insurance.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, Contractor will procure and maintain the following types of
insurance with coverage limits complying, at a minimum, with the limits set forth
below:
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Commercial general liability:
Business automobile liability
Workers compensation
$2,000,000
$1,000,000
Statutory requirement.
B. Commercial general liability insurance will meet or exceed the requirements of ISO-
CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will
be a combined single limit per occurrence for bodily injury, personal injury, and
property damage for the policy coverage. Liability policies will be endorsed to name
City, its officials, and employees as "additional insureds" under said insurance
coverage and to state that such insurance will be deemed "primary" such that any
other insurance that may be carried by City will be excess thereto. Such insurance
will be on an "occurrence," not a "claims made," basis and will not be cancelable or
subject to reduction except upon 30 days prior written notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01
06 92, including symbol 1 (Any Auto).
D. Contractor will furnish to City duly authenticated Certificates of Insurance evidencing
maintenance of the insurance required under this Agreement, endorsements as
required herein, and such other evidence of insurance or copies of policies as may
be reasonably required by City from time to time. Insurance must be placed with
insurers with a current A.M. Best Company Rating equivalent to at least a Rating of
"A:VII." Certificate(s) must reflect that the insurer will provide thirty (30) day notice
of any cancellation of coverage. Contractor will require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to mail
written notice of cancellation imposes no obligation, and to delete the word
"endeavor" with regard to any notice provisions.
E. Should Contractor, for any reason, fail to obtain and maintain the insurance required
by this Agreement, City may obtain such coverage at Contractor's expense and
deduct the cost of such insurance from payments due to Contractor under this
Agreement or terminate.
12. Term. The term of this Agreement will be from August 1, 2024 to June 30, 2025, unless
otherwise terminated pursuant to Section 13, below.
13. Termination.
A. City may terminate this Contract at any time, with or without cause, by providing
written notice of such to Contractor.
B. Except where a Faithful Performance Bond or other security instrument has been
issued guaranteeing the faithful performance of work, Contractor may terminate this
Contract at any time, with or without cause, by providing written notice of such to City.
C. In the event of termination of this Contract, compensation for work in progress is
limited to the percentage or progress completed as of the date of termination.
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14. Non -appropriation of Funds. Payments due and payable to Contractor for current
services are within the current budget and within an available, unexhausted and unencumbered
appropriation of the City. In the event the City has not appropriated sufficient funds for payment
of Contractor services beyond the current fiscal year, this Agreement will cover only those costs
incurred up to the conclusion of the current fiscal year.
15. Taxpayer Identification Number. Contractor will provide City with a Taxpayer
Identification Number.
16. Third Party Beneficiaries. This Agreement and every provision herein is generally for the
exclusive benefit of Contractor and City and not for the benefit of any other party. There will be
no incidental or other beneficiaries of any of Contractor's or City's obligations under this
Agreement.
17. Waiver. A waiver by City of any breach of any term, covenant, or condition contained in
this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
18. Construction. The language of each part of this Agreement will be construed simply and
according to its fair meaning, and this Agreement will never be construed either for or against
either party.
19. Severable. If any portion of this Agreement is declared by a court of competent jurisdiction
to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary
in the opinion of the court to render such portion enforceable and, as so modified, such portion
and the balance of this Agreement will continue in full force and effect.
20. Captions. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
21. Interpretation. This Agreement was drafted in, and will be construed in accordance with
the laws of the State of California, and exclusive venue for any action involving this agreement
will be in Los Angeles County.
22. Authority/Modification. The Parties represent and warrant that all necessary action has
been taken by the Parties to authorize the undersigned to execute this Agreement and to engage
in the actions described herein. This Agreement may be modified by written agreement.
23. Compliance with Law. Contractor agrees to comply with all federal, state, and local laws
applicable to this Agreement.
24. Acceptance of Electronic Signatures. In accordance with Government Code § 16.5, the
Parties agree that this Agreement, agreements ancillary to this Agreement, and related
documents to be entered into in connection with this Agreement will be considered signed when
the signature of a party is delivered by electronic transmission. Such electronic signature will be
treated in all respects as having the same effect as an original signature.
M.
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25. Effect of Conflict. In the event of any conflict, inconsistency, or incongruity between any
provision of this Agreement, its attachments, the task order, or notice to proceed, the provisions
of this Agreement will govern and control.
26. Captions. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
27. Force Majeure. Should performance of this Agreement be prevented due to fire, flood,
explosion, war, terrorist act, embargo, government action, civil or military authority, the natural
elements, or other similar causes beyond the Parties' control, then the Agreement will immediately
terminate without obligation of either party to the other.
28. Entire Agreement. This Agreement and its Exhibits, including each task order, constitutes
the sole agreement between Contractor and City. To the extent that there are additional terms
and conditions contained in Exhibit "B" that are not in conflict with this Agreement, those terms
are incorporated as if fully set forth above. There are no other understandings, terms or other
agreements expressed or implied, oral or written.
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Agreement No. 7059
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY OF EL SEGUNDO
Darrell George, City Manager
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, CITY ATTORNEY
DILIGENT GROUP
Daniel Molina, President
Daniel Molina, Secretary
Taxpayer ID No. 86-2578756
By: _ 0 �
Joaqui �' azquez, Assistant City Attorney
Risk Management
Agreement No. 7059
EXHIBIT "A"
TASK ORDER
TASK ORDER NO. _
Issued under AGREEMENT NO. , dated
Project Name: Project Number:
Contractor Name: Vendor Number:
Contract Number: Account Number:
Date Prepared:
faro"ect Description: Task Order # location:
Enter contacts, description of services to be performed
Time for Completion: _ working days after Notice to Proceed is issued.
Cost Estimate: $ Estimate attached showing costs for all alternatives,
mobilization, materials, labor, and equipment to complete task.
CONSULTANT/CONTRACTOR:
By: Contractor Name, Title
CITY OF EL SEGUNDO:
Approved by:
Jose Calderon,
Director (within $25,000)
Date
Darrell George, Date
City Manager (if over $25,00'
Date
g]
Agreement No. 7059
EXHIBIT "B"
CONTRACTOR PAYMENT RATES
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Agreement No. 7059
Diligent Group
CSLB #1078134 C10
Prevailing Wage Labor Rates 2024, Classification: Sound Installer
Low Voltage systems to include Audio, Voice, Data, Video and Control System, Life Safety
Systems, Television and Video Systems, Security and Surveillance Systems
Standard Work Shift Rate(7am — 5pm) _ $170 per hour
2nd Shift/ 3`d Shift/ Overtime Rate = $194 per hour
Sunday and Holiday Shift Rate = $218 per hour
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