CONTRACT 7190 One Page Service Agreement CLOSEDAgreement No. 7190
,r.�. Services Agreement
CONTRACTOR: RANC&O- t PON§TRUCTION SERVES LLC DATE: January 27, 2025
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. CC 20 10 11 85 or
equivalent. The amount of insurance set forth below will be a combined' single Bruit 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 a
"additional inuredrs" under said insurance coverage and to state that such insurance will be deemed "primary" such that any
other insurance that may be carried 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.
® Corn rshera lyeC
Tneral Liab4it „ including coverage for premises, products and completed operations, independent contractors,
personal injury and contractual obligations with combined single limits of coverage of at least $1,000,000 per occurrence.
® Auto Liability, including owned, non -owned and hired vehicles with at least:
® $1,000,000 per occurrence.
❑ JlggaQQ,300 0fi0 per occurrence.
❑ As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company.
®Workers' Commnsation Insurance: as required by State Statutes with Waiver of Subrogation- (Not needed if Self-employed with
no employees and CONTRACTOR signs statement to this effect.)
® Business Lich: 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.
❑ Coov of valid gictura LD„ (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 (VW FAX OR HARD COPY) BY THE PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF
WORK FOR THE CITY.
Submitted b Lcomplete all blanks):COLOR COPY REQUIRED BACKTO THE CITY
Date initiated: 30 Tr
City Manager
PW 25-06 Contract Revised 414/24
Agreement No. 7190
1.GENERALLY. The materials, supplies, or services (collectively,
"Purchase") covered by this services agreement and purchase order
("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 this 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 a part 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 of this order.
2.INSPECTION. The Purchase furnished must be exactly as specified in
this order, free from all defects in Seller's performance, design,
workmanship, and materials, and, except as otherwise provided, is
subject to inspection and test by City at all times and places. If, before
final acceptance, any Purchase is found to be incomplete, or not as
specified, City may reject it, require Seller to correct it without charge, or
require delivery of such Purchase at a reduction in price that is equitable
under the circumstances. If seller is unable or refuses to correct such
items within a time deemed reasonable by City, City may terminate the
order in whole or in part. Seller bears all risks as to rejected Purchases
and, in addition to any costs for which Seller may become liable to City
under other provisions of this order, must reimburse City for all
transportation costs, other related costs incurred, or payments to Seller
in accordance with the terms of this order for unaccepted Purchases.
Notwithstanding City's acceptance of any Purchase, Seller is liable for
latent defects, fraud, or such gross mistakes as constitute fraud.
3.CHANGES. City may make changes within the general scope of this
order in drawings and specifications for specially manufactured supplies,
place of delivery, method of shipment or packing of the order by giving
notice to Seller and subsequently confirming such changes in writing. If
such changes affect the cost of or the time required for performance of
this order, an equitable adjustment in the price or delivery or both must
be made. No change by Seller is allowed without City's written approval.
Any claim by Seller for an adjustment under this section must be made
in writing within thirty (30) days from the date of receipt by Seller of
notification of such change unless City waives this condition in writing.
Nothing in this section excuses Seller from proceeding with performance
of the order as changed.
4. TERMINATION. City may terminate this order at any time, either
verbally or in writing, with or without cause. Should termination occur,
City will pay Seller as full performance until 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 Seller's
default if Seller refuses or fails to comply with this order. If Seller does
not cure such failure within a reasonable time period, or fails to perform
the Purchase within the time specified (or allowed by extension), Seller
will be liable to City for any excess costs incurred by City.
5.TERM 1 TIME EXTENSION. This Agreement's term will be from
JANUARY 1, 2025 to JUNE 30, 2025 City may extend the time for
completion if, in City's sole determination, Seller was delayed because of
causes beyond Seller's control and without Seller's fault or negligence.
In the event delay was caused by City, Seller's sole remedy is limited to
recovering money actually and necessarily expended by Seller because
of the delay; there is no right to recover anticipated profit.
&REMEDIES CUMULATIVE. City's rights and remedies under this order
are not exclusive and are in addition to any legal rights and remedies.
7.TITLE. Title to materials and supplies purchased under this order
pass directly from Seller to City upon City's written acceptance following
an actual inspection and City's opportunity to reject.
&PAYMENT. City will pay Seller after receiving acceptable invoices for
materials and supplies delivered and accepted or services rendered and
accepted. City will not pay cartage, shipping, packaging or boxing
expenses unless specified in this order. Drafts will not be honored.
9.INDEMNIFICATION. Seller agrees to indemnify and hold City
harmless from and against any claim, action, damages, costs (including,
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, or should any claim be brought against it by suit or otherwise,
whether the same be groundless or not, arising out of the Purchase or
order, or their performance, Seller will defend City (at City's request and
with counsel satisfactory to City) and indemnify City for any judgment
rendered against it or any sums paid out in settlement or otherwise, For
purposes of this section "City" includes City's officers, elected officials,
and employees. It is expressly understood and agreed that the
foregoing provisions will survive termination of this order. The
requirements as to the types and limits of insurance coverage to be
maintained by Seller, and any approval of such insurance by City, are
not intended to and will not in any manner limit or qualify the liabilities
and obligations otherwise assumed by Seller pursuant to this order,
including, without limitation, to the provisions concerning indemnification.
10.WARRANTY. Seller agrees that the Purchase is covered by the
most favorable commercial warranties the Seller gives to any customer
for the same or substantially similar supplies or services, or such other
more favorable warranties as is specified in this order. Warranties will
be effective notwithstanding any inspection or acceptance of the
Purchase by City.
%ASSIGNMENT. City may assign this order. Except as to any
payment due under this order, Seller may not assign or subcontract the
order without City's written approval. Should City give consent, it will not
relieve Seller from any obligations under this order and any transferee or
subcontractor will be considered Seller's agent.
12.INSURANCE. Seller must provide the insurance indicated on the
face sheet of this Services Agreement.
13.PERMITS. Seller must procure all necessary permits and licenses,
and abide by all federal, state, and local laws, for performing this order.
14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller
will act as an independent contractor and will have control of all work
and the manner in which is it performed. Seller will be free to contract
for similar service to be performed for other employers while under
contract with City. Seller 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 order that
may appear to give City the right to direct Seller as to the details of doing
the work or to exercise a measure of control over the work means that
Seller will follow the direction of the City as to end results of the work
only.
15.WAIVER. City's review or acceptance of, or payment for, work
product prepared by Seller under this order will not be construed to
operate as a waiver of any rights City may have under this 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 not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant, or condition contained in this order,
whether of the same or different character.
%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.
17. PREVAILING WAGES. If required by applicable state law including,
without limitation Labor Code §§ 1720 (as amended by AB 975 (2001)),
1771, 1774, 1775, and 1776, Seller must a its workers evaili'n
PW 25-03 Contract
Agreement No. 7190
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 J/W w 'ir a. owe/D PV D. 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 AI
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 $10,686 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
Agreement No. 7190
"ABMICHUFTi
EXHIBIT A
CONSTRUCTION SERVICES
Temporary Energy Dissipation
City of El Segundo — Basin Support
Attn: James Rice, Cheryl Ebert
DISABLED VETERAN
Date: 11/17/2024, Rev 101/14/2025
B
V B E ...
IEMMZMMEEM��
IsOMESS EKIERPMSC
Table A: Line Items and Estimated Unit Prici
I Mobilization/Dleimobil . i .. zation EA 1 $4,631 $4,631
2 Gravel Bag Install LF 250 $12.50 $3,125
3 Soil Binder - Tackifier SCJ`T_ JJ)00 5033 $9,30
4 TeirriiDoirary Water Il eter [Ol(pfiorial & Only IfRequired) is 1 $2,000 $2,000
Table B: General Assumptions & Notes
Assumptions/Notes
I I
..........
i
TRe unit prices for al IBM pstthis roposaU are not valid asstari prices. Unit prices may change if Bancroft i5selected individual items onl
2
Unit prices for BMP's are sobject to chap per Bancrofts discretion orice the SWPPP olanes, 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 data in material sui
4
Any project trainig, kickoff, or orientation re .wired 6s not included in this ro -osal and wi�.11 pa -a billed at the hourf rates rovida::ri,
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
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 propo5A If Bancroft is required to stake installation and application locations, additional costs will be required,
7
This proposal assumes that Bancroft will have access to the contractor's/client's $ta in area to stage vehicles, trailers, and material for the
8
Material Including but not limited to rri seed, 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 procu rement dates. Bancroft
t 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
is not
9
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 ereposal,-
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 ofaworkdi to account for crew
Overtime Rates: All Overtime and double time will apply after an Shr shift see rates below.
• LABOR STRAIGHT TIME: 8 hirs., per man, per hour (Monday - Friday) - Straight Pay at T&M Rate
11
• LABOR OVERTIME: 8-12 hrs., per man, per hour (i Saturday up to 12 hours) - Pay at 1.Sx T&M Rate
• LABOR DOLIBLETti All hrs. Over 12, Rer man, per hour (including all Sunday) - Pay at 2x T&M..Rate
12
The bid assumes the prim of fuel does not exceed S6/Gailon. Additional! costs ay if fuel fires exceed assom tons.
Mobilization costs to be billed at onset of initial BMP installation scope for rowal each WL)rking ktLicirt fil migIfi&_4t one time and includes
demobilization cost. At the time of bid the project is anticipated to have one (1) crew at one (1) work location, moving linearly with the project. Additional
3
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 mobilization unlit rates may occur or T&M rates may apply.
14
If waste management (dumpsters) are required and are not available, additional dump fees may apply as a cost plus 20% fee.
This 11 proposal assumes at minimum 250 LF for Sediment Controls are available for installation/'application for the crew. Bancroft is not responsible for
15
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 or use
16
of equipment for these porpostis. if field condiflons require a deviation from this assumption unit rates do not apply, and a chain eordeirisreticited.
17
tfwaste management (dumestersl are not available additional
18
This eroposat assumes Bancroft is signato!J to Onion Labor, Union labor can be utilized for activities within the sc2Ee of the Laborers Union,
This proposal assumes that sufficient water is readily available within 5 miles of of the project site for Bancrofti 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
19
hour for all areas more than 5 miles away from primary water source. If production delays occur because of water transport, procurement or water source
mana&ernent T&M rates may apply.
Soil Binder includes application of a Tackifier at an application rate of 150 lbs/acre or functional equivalent. This proposal assumes at minimum 1,000
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
20
any 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 oi This pridrig includes"Cannon" work only, if "'Hose"" work is required, T&M rates will a,eply.
Soil Binder Line Item(s) assumes a (8) hour workday for up to (4) Bancroft Crew, (2) Crew Trucks, (1) Water Buffalo Trailer, and (1) Hydroseeder. Once
21
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
-1
equipment plus material costs plos 20% procurement fee. I
4840 Tarantella Ln, San Diego, CA 92130
Telephone: (310) 739-2932 1 Email: aprice@bancroftcs.com
Agreement No. 90
'"!8firicROFT
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,
%)� %A
Ashley Driscoll, Owner
4840 Tarantella Ln, San Diego, CA 92130
Telephone: (310) 739-2932 1 Email: aprice@bancroftcs.com
Agreement No. 7190
Sandhill Basin Temporary Erosion Control Installation
Scope Exhibit
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