CONTRACT 7171 One Page Service Agreement CLOSEDAgreement No. 7171
Services Agreement
CONTRACTOR. YALCRODE COS UCTION ERVICES I.L DATE: December 17.2024
Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the City of El
Segundo, Only those items checked -off are MANDATORY, however if your standard policies exceed the minimum requirements please
include. Commercial general liability Insurance must meet or exceed the requirements of ISO-CGL Form No, CD 20 10 1185 or
equivalent. The amount of insurance set forth below 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 the City, its officials, and employees as
"Aaddltlonal inisurede" under said insurance coverage and to state that such insurance will be deemed "primary" such that any
other insurance that may be carded by the City will be excess thereto. Such insurance must be on an "occurrence," not a
"claims made,"' basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the
City. Please find additional Terms and Conditions on the reverse side of this Services Agreement. This is not a purchase order or
an authorization to begin work.
C-0-m-ar-eh—e-n-si-ve--General -Liability, including coverage for premises, products and completed operations, independent contractors,
personal injury and contractual obligations with combined single limits of coverage of at least J1&00,,000 per occurrence.
Auto Liability, including owned, non -owned and hired vehicles with at least
0 $ 1. 000, 000 per occurrence.
❑ JI00000 - 300,000 per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company,
Workers," COMDensation Insurance: as required by State Statutes with Waiver of Subroqatign. (Not needed if Self-employed with
no employees and CONTRACTOR signs statement to this effect.)
Business License: The CONTRACTOR shall agree to have a current City of El Segundo license on file at City Hall or purchase
said license (at no cost to the City).
❑ Permits;: Plans must be approved and permit(s) issued (no fee) by the Planning and Building Safety if appropriate. Call the
Planning Manager @ (310) 524-2340 if you have questions.
❑ Co Dy of valid p ict u re I . Q, (Drivers license etc.)
PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY
PURCHASE ORDER BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF
WORK FOR THE CITY.
Submitted by corn lee ail blanks): COI OR COPY REQUIRED BACK TO THE Ct"T"Y
Date initiated:
ate Appreved- 2,
City Manager
PW 25-03 Contract Revised 4/4/24
Agreement No. 7171
1.GENERALLY. The motehub, ouppliem, or aomicoo (collectively,
"Purchase")
("order") must be furnished by Seller subject to all the terms and
conditions contained in this order which Seller, in accepting this order,
agrees to be bound by and comply with in all particulars, No other terms
or conditions are binding upon the parties unless Subsequently agreed to
in writing, Written acceptance or shipment of all or any portion of the
Purchase covered by lMs order constitutes unqualified acceptance of all
terms and conditions in this order. The terms of any proposal referred to
in this order are included and made opart of the order only to the extent
it specified the Purchase ordered, the price, and the delivery, and then
only to the extent that such terms are consistent with the terms and
conditions ufthis order.
2JNSP2CllON. The Purchase furnished must boexactly anspecified in
this ondor, hno from all defects in Seller's porfonnonon, dooiOn,
workmanship, and materials, and, except aootherwise provided, ix
subject boinspection and test byCity atall times and places. If, before
final acceptance, any Purchase is found to be incomplete, or not as
specified, City may reject 4.require Seller Vocorrect it without charge, or
require delivery ufsuch Purchase atareduction inprice that |eequitable
under the circumstances, If seller is unable or refuses to correct such
items within otimo deemed reasonable by City, City may terminate the
order inwhole orinpart. Seller bears all risks antorejected Purchases
and, in addition to any costs for which Seller may become liable to City
under other provisions ofthis order, must reimburse City for all
transportation oosta, other related oodo inourrod, orpayments toSeller
inaccordance with the terms ofthis order for unaccepted Purchases.
Notwithstanding City'o acceptance of any Pumhuoo. 8aUor is liable for
latent defects, fraud, msuch gross mistakes aoconstitute fraud.
3.CHANGES.City may make changes within the general scope ofthis
order indrawings and specifications for specially manufactured supplies,
place nfdelivery, method ofshipment orpacking ofthe order bygiving
notice hoSeller and subsequently confirming such changes inwriting. |f
such changes affect the cost oforthe time required for podbnnonoo of
this order, unequitable adjustment inthe price nrdelivery orboth must
be made. Nochange bySeller ioallowed without City'uwritten approval.
Any claim bySeller for muadjustment under this section must bemade
inwriting within thirty (30days from the date ofreceipt bySeller mf
notification of such ohumgw unless City waives this condition in writing.
Nothing inthis section excuses Seller from proceeding with performance
ofthe order oochanged.
4. TERMINATION. City may terminate this order at any time, either
verbally or in writing, with or without cause. Should termination occur,
City WiVpay Seller a$ fulf performance unlit such termination, the unit or
pro rata order price for the performed and accepted portion of the
Purchase, City may provide written notice of termination for Sellers
default ifSeller refuses orfails hocomply with this order. /fSeller does
not cure such failure within ureasonable time period, orfails toperform
the Purchase within the time specified (or allowed by extension), Seller
will boliable toCity for any excess costs incurred by City
S.TGRM /T|MG EXTENSION. This Agreement's term will be from
NOVEMBER8,2O24toJUNE3O.2O2SCity may extend the time for
completion if, inCity^$sole determination, Seller was delayed because mf
causes beyond Seller's control and wdfthnutSellers fault ur negligence.
In the event delay was caused byCity, Seller's sole remedy inlimited to
recovering money actually and necessarily expended bySeller because
of the deilay;there ionotight k/recover anticipated profit.
G.REMEDIES CUMULATIVE. Cdvorights and remedies under this order
are not exclusive and are inaddition boany legal rights and remedies.
T.T|TUE. Tido to mutoho|u and supplies purchased under this order
pass directly from Seller toCity upon Cih/awritten acceptance following
8PAYNENT City will pay Seller after receiving acceptable invoices for
materials and supplies delivered and accepted orservices rendered and
accepted, City will not pay cartage, shipping, packaging or boxing
expenses unless specified inthis onder. Drafts will not bohonored.
9.|NDE08NKFlCAT%3N^ Seller agrees to indemnify and Mm|d City
harmless from and against any claim, action, damages, costs (induding.
without limitation, attorney's fees), injuries, or liability, arising out of the
Purchase or the order, or their performance. Should City be named in
any suit, mshould any claim babrought against ithysuit motherwise,
whether the same bagroundless ornot, arising out ofthe Purchase or
order, ortheir performance, Seller will defend City (at Qh/orequest and
with counsel satisfactory to City) and indemnify City for any judgment
rendered against itorany sums paid out insettlement orotherwise, For
purposes, of this section "City" includes C|b/s offioen$, elected officials,
and employees. It is expressly understood and agreed that the
foregoing rovisi $wd|isnmivetermimat1onofthisgrdec The
reguWeinunb$ as to the types and ljn�bs of insurance to b
maintained by Seller, and any approval of such insurance by City, are
not intended to and will not in any manner limit orqualify the liabilities
and obligations otherwise assumed by Seller pursuant to this order.
including, without limitation, huthe provisions concerning indemnification,
10.WARPANTi 8mHmr agrees that the Purchase is covered by the
most favorable commercial warranties the Seller gives toany customer
for the same nrsubstantially similar supplies or services, or such other
more favorable warranties as is specified in this order. Warranties will
be oMeoUvo notwithstanding any inspection or acceptance of the
Purchase byCity.
11.ASS|GNMENT. City may uooi0n this order. Except as to any
payment due under this order, Seller may not assign orsubcontract the
order without City'xwritten approval. Should City give consent, itwill not
relieve Seller from any obligations under this order and any transferee ur
subcontractor will boconsidered Seller's agent.
12]NSUB&NCE. Seller must provide the insurance indicated on the
face sheet ofthis Services Agreement.
113.PERM|TS. Seller must procure all necessary permits and |ioonaao.
and abide byall federal, state, and local laws, for performing this order.
14]NDE9ENDENTCOWTRACFOR. City and Seller agree that Seller
will act aoanindependent contractor and will have control ofall work
and the manner in which in it performed. Seller will bofree bn contract
for similar service to be performed for other employers while under
contract with City. So||or is not an agent or employee of City and is not
entitled huparticipate inany pension p|an, inoumnoo, bonus orsimilar
bmnmfibaCity provides for its employees. Any provision inthis order that
may appear /ogive City the ' htho direct Se0erash/the details ofdoing
the work wrtoexercise ameasure ofcontrol over the work means that
GaUar will follow the direction of the City as to end mou|tn of the work
only.
15.WA|KER. City'o review or a000ptonoo of, or payment for, work
product prepared by Seller under this order will not be omm$rmed to
operate as a waiveroV any rights City may have underthis Agreement or
of any cause of action arising from Seller's performance, A waiver by
City of any breach of any term, covenant, or condition contained in this
order will no( °edeemed """"a waiver °^ any subsequent breach "` the
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same orany other term, covenant, or condition contained inthis order,
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whether ofthe same nrdifferent character.
YGJNTERPRETATON. This Agreement was drafted in, and will bo
construed inaccordance with the laws ofthe State o[California, and
Agreement No. 7171
............
wage. It is Seller's responsibility to interpret and implement any
prevailing wage requirements and Seller agrees to pay any penalty or
civil damage resulting from a violation of the prevailing wage laws. 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 htt ;/P .dir,ca.00v]DLSR�'PWD,. A copy of the
prevailing rate of per diem wages must be posted at the job site.
18. ARTIFICIAL INTELLIGENCE. Seller must not utilize, employ, or
incorporate any form artificial intelligence, machine learning, or other
similar technologies (collectively, "Al") in the provision of professional
services in this Agreement without City's express written consent. The Al
prohibition set forth directly above will not apply to general business
tools and software that may have Al components but are not directly
involved in the execution or delivery of professional services that this
Agreement covers, provided that such tools and software do not
significantly impact the quality or nature of such services. Seller must
promptly notify City, in writing, of any proposal to employ Al in
connection its provision of services to the City under this Agreement.
City will have the sole discretion to grant or deny such proposal.
19. ELECTRONIC SIGNATURES; SIGNATURE AUTHORITY. In
accordance with Government Code §16.5, the parties agree that this
Amendment 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.
Seller warrants that its signatory (or signatories, as applicable) to this
Agreement has the legal authority to enter this Agreement and bind
Licensor accordingly.
20. CONSISTENCY. In interpreting this Agreement and resolving any
ambiguities, this Agreement takes precedence over any attached exhibit
with conflicting provisions.
21. CONSIDERATION. As consideration, City agrees to pay Seller for
Seller's services not to exceed a total of $10,386 for the work. City will
pay for work as specified in the attached Exhibit "A," which is
incorporated by reference.
22. EXHIBITS. Refer to attached Exhibit "A"
PW 25-03 Contract
Table A: Line Items and Estimated Unit Prici
1 Mobilization/Demobilization
EA 1
$4,631 $4,631
2 Gravel Bag Install
3 Plastic Sheeting/Cover Install
300
SQFT 2188
$12.50 $3,750
$0.65 $1,422
4 Soil Binder - Tackifier
SQFT 627
$0.93 $583
Table B! General Assumntions & Notes
ss
1
motions/Notes
The unit prices for all BMPs in this p�ropasal are not valid as, stand-alone prnc;+cs. Unit prices rruay change of Sane'.roft is selected for individ'.ua9 items only..
2
Unit prices for BMPs are subject to change per Bancroft's discretion once the SWPPP plans„ installation locations, and quantities are finalized.
Bancroft will put forth best efforts to accommodate the project schedule. Bancroft requires at least 4-weeks' advance notice for a guaranteed work date
3
unless there are delays in material supply chain.
4
Amy:project training,, Iklck:off, or ot'leokadoru rtG ui6red is not lrtceinded in this proposal and will bye Milled at the hourly rates rovdde.d.
This proposal assumes that all equipment required to complete the tasks in Table A above will be able to access the proposed installation or application
location(s) within a short walking distance, defined per Bancroft's discretion. If this assumption is not true, additional costs will be required to
5
accommodate any special equipment, delays for hiking, or delays for detours. Additional costs will be billed at the hourly rate for the equipment and
crew.
All installation and application locations must be staked) or clearly defined such that Bancroft can easily perform tasks. No surveying or staking is included
6
in This proposal. If Bancroft is required to stake installation and application locations, additional costs will be required
7
This pro osal assumes that Bancroft will have access to the contractors/client's sea In area to stage vehicles,„ Vailers, and material for the job,
8
Material induding but not Ilmrted to mulch„ sexed compost will be billed in full the same month of purchase.
Material is subject to availability and pricing is valid for 60 business days. Costs are subject to change depending on material procurement dates. Bancroft
is not to be held liable for delays in material availability. Changes in material pricing will impact Bancroft's final bid numbers both at time of award and
9
time of execution. Material prices are subject to confirmation and acceptance by Bancroft at the time of contract procurement. Other materials a re not
included in this proposal.
Crew shifts are Portal to Portal (i.e. Shift Starts: Yard - Project Site - Yard: Shift Ends). This accounts for crew member hours and delineates the beginning
10
and end of a workday to account for crew hours.
Overtime Rates: All Overtime and double time will apply after an 8hr shift see rates below.
• LABOR STRAIGHT TIME: 8 hrs., per man, per hour (Monday - Friday) — Straight Pay at T&M Rate
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• LABOR OVERTIME: 8-12 hrs., per man, per hour (M-F, Saturday up to 12 hours) — Pay at 1.5x T&M Rate
• LABOR DOUBLETIME: All hrs. Over 12, per Gran„ per hour lIncluding all Sunday) • Pay at 2'x'T'&M Rate
12
The bid assumes the price of fuel does not exceed $ta/Gallori. Additional costs apply if fuel rises exceed assurnptaons,
Daily miles for BMP Maintenance/Removal over 100 miles will be billed at the federal reimbursement rate. This protects Bancroft from non -linear or
13
excessive request clufing BMP Maintenance/Removal activities.
If sequencing of construction activities or documented delays (i.e. construction traffic, road conditions, road closures, sequencing, etc.) results in travel
14
times that exceed 15 minutes (i.e. transit to, from or between individual work locations), T&M rates may, apply,
This bid assumes site availability is linear in nature at each independent heading and travel time is included within the bid items. If site availability is not
15
linear in nature, any documented delays in re• routkn' the crew from location to location may be subject to T&M rates ma a ly,
Mobilization costs to be billed at onset of initial BMP installation scope for each crew at each workln location if in, I i le at one ti—I and includes
demobilization cost. At the time of bid the project is anticipated to have one (1) crew atone (1) work location, moving linearly with the project. Additional
16
mobilization costs do not apply if scope is linear, and the crew is shifting from one activity to another. Cost includes mobilization of Bancroft staff and
equipment. If construction delays result in the demobilization before project completion or if the mobilization of additional staff/equipment is required,
additional nroobilization unit rates may occur or T&M rates may apply.
17
If waste management Id.umpsters) are required, and are not available, additlona.l dump fees rniay apply as a tusk plus 20%fee.
This proposal assumes that sufficient water i4 readily available within 5 miles of of the project site for Bancroft's use for all erosion control tasks at no
cost. If water procurement is required, the erosion control costs In this proposal are not valid. A 4,000-gallon water truck by others will be required every
18
hourfor all areas more than 5 miles away from primary water source. If production delays occur because of water transport, procurement or water source
management T&M rates mray'asp y.
Soil Binder includes aptilka ti an of a, Tackifier at an application rate of 2,000lbs/acre or functional equivalent. This proppsall assumes at minimum 527 SQFT
are available for the crew. Proposal assumes seed mix is not required. No soil preparation, fertilizer, rock or any other material or task is included. If any
19
other erosion control product, seed, or application rate is required, additional costs may be required. Scope of work assumes that mulch will be sprayed
via cannon only. This pricing includes "Cannon" work only, if "Hose" work is required, T&M rates will apply.
Sail' Binder' Line Item(s) assumes a (8) hour workday for up to (4) Bancroft Crew, (2) Crew Trucks,. (1.) Water Buffalo Trailer, and (1) 1 ydrosead'per. Once
20
quantities are completed for items in Table A, all additional installation, maintenance, and removal labor will be billed at the T&M rates for labor and
equipment plus material costs plus 2'0 procuremG nt fee.
4840 Tarantella Ln, San Diego, CA 92130
Telephone: (310) 739-2932 1 Email: aprice@bancroftcs.com
reement No. 7171
B�NCWFT
CONSTRUCTION SERVICES
This proposal assumes at minimum 251 LF for Sediment Controls are available for installation/application for the crew. Bancroft is not responsible for
21
sequencing any items above or meeting any daily quotas for installation or application. If crews experience delays due to sequencing, BMP Maintenance
Day unit rate will apply.
Gravel Bags includes green monofilament gravel bags filled with #3 rock.. No clearing„ grubbing or ground prep work is assumed for BMP installation cruse
22
of equlpmcnt for these purposes. If field conditions require a deviation from this arsumptlon unit rates do not apply, and a cdrart a order is re tair'bd.
23
If waste management (durn sters are not available additional dump fees may apply as a cost pdatl$ 20%fee.
This proposal assumes that sufficient water is readily available within five (5) miles of the project site liar Bancroft's use for all erosion control task.$ at no
cost. If water procurement is required, the erosion control costs in this proposal are not valid. A 4,000-gallon water truck by others will be required every
24
hour for all areas more than five (5) miles away from primary water source. If production delays occur because of water transport, procurement or water
source management T&M rates may a d .
Bancroft understands this project has a Project Labor Agreement (PLA) and all work has been claimed by IBEW Local 47, Per the PLA, "specialty services"
are exempt from this agreement even if they are performed on the project. This proposal assumes restoration activities ('p.e. hydroseeding and
25
installation/maintenance of erosion and sediment controls) are considered a specialty service and are therefore exempt from this agreement. If this
assumption is incorrect„ additional cost(s) may apply„
BMP Malmanance/Benvva'I includes all scopes related to this project. BMP maintenance shall include the removal of BMPs once the project is complete.
26
If weekend or ho4day work is regmadrecd, T&M a aappment/labor rates plus 20% markup will apply.
27
This proposal assurres Bancroft is signatory to Union Labor. Union labor can be utilized for activities within the scope of the. Laborers Union.
4840 Tarantella Ln, San Diego, CA 92130
Telephone: (310) 739-2932 1 Email: aprice@bancroftcs.com
'�%BEH
Nreement bLo
UO
CONSTRUCTION SERVICES
General Conditions:
- All provisions/notes/assumptions must be agreed upon between both parties before the contract can be signed.
- Deviation from the assumptions or inclusions in the Notes will require changes to this proposal.
- Our firm shall not be liable for any delays, accidents, or losses due to the elements, labor disputes, strikes, lockouts, Acts of
God, fires, landslides, earthquakes, theft, vandalism, inclemency of the weather, changes ordered in the work, unavoidable
casualties, the acts or omissions of owners or persons or any other similar or dissimilar causes beyond the control of our
firm. Delays for any reason will be billed at the hourly rates for the corresponding personnel in this proposal.
- To the fullest extent permitted by law, prime contractor shall indemnify, defend and hold harmless Bancroft Construction
Services, LLC as provided in the contract against claims and expenses arising out of or resulting from Performance of any
work, provided that such claim or expense is attributed to bodily injury, sickness, disease or death, or injury, to or destruction
of tangible property (other than the work itself) including the loss of use Resulting therefrom, but only to the extent caused
or alleged to be cause in whole or in part by the negligent acts or omissions of subcontractor, anyone directly or indirectly
employed by the prime contractor or anyone for whose acts the prime contractor may be liable, regardless of whether or
not such claim, damage, loss or expense in cause in part by party indemnity hereunder.
- This project assumes no project labor agreement is in place.
- This proposal assumes the prime contractor has Payment Terms that are Net 45. If assumption differs, Bancroft reserves the
right to update pricing to reflect lending costs. If net 45 payment terms, all services are to be paid for Net 45. A 3% monthly
finance charge to apply after unpaid invoices pass 45 days.
- Bancroft will not participate in Early Payment Credit if applicable via this sub or prime contract.
- If the project duration extends beyond 2026, an automated minimum increase of 10% will occur annually for all line items
in this proposal.
- Prices are subject to change based on approval of the final plans and field site assessment.
- Prices are subject to change if the proposal is not accepted within 90 days, or the project commences after 180 days of
submittal.
- Bancroft reserves the right to subcontract work to complete any project scope.
- Traffic control for the purpose of completing this work is not included in this proposal.
Price Excludes:
- Price excludes any other item not listed in this proposal,
DBE # 49668
DVBE # 2005475
WBE # 17000434
DIR # 1000577841
CA Contractor's License #1068621
CALTRANS approved NAICS Codes:
488490 — Other Support Activities for Road Transportation: Street Sweeper
484220 — Specialized Freight Trucking: Water Truck
564730 — Landscaping Services: Hydroseeding
541620— Environmental Consulting: SWPPP, Bio etc.
Thank you for the opportunity to support your Team!
Sincerely,
Ashley Driscoll, Owner
4840 Tarantella Ln, San Diego, CA 92130
Telephone: (310) 739-2932 1 Email: aprice@bancroftcs.com
Agreement No. 7171
Agreement No. 7171
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