1 CITY OF SAN JACINTO
PROFESSIONAL SERVICES AGREEMENT
San Jacinto MDP Line E-2 Storm Drain Improvement
1. Parties and Date. This Agreement is made and entered into this _________ day of ___________, 2026, by and between the City of San Jacinto, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 595 South San Jacinto Avenue, San Jacinto, California 92583 (“City”) and The Thomsen Company, Inc., a California corporation, with its principal place of business at 2587 S. San Jacinto Ave, San Jacinto, CA 92583, ("Vendor"). City and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. Terms and Conditions. The Parties shall comply with the Terms and Conditions attached hereto as Exhibit “A” and incorporated herein by this reference.
3. Scope of Services; Schedule. Vendor shall be solely responsible for providing all materials, labor, tools, equipment, water, light, power, transportation, and superintendence of every nature and all other services and all facilities necessary to execute, complete, and deliver the services as particularly described in the Scope of Services (“Services”) attached hereto as Exhibit “B” and incorporated herein by this reference for the City’s San Jacinto MDP Line E-2 Storm Drain Improvement. The Services shall be completed timely and in accordance with the Schedule of Services set forth in Exhibit “B”.
4. Term. The term of this Agreement shall be from the Execution Date to December 31, 2026, unless earlier terminated as provided herein.
5. Compensation. Vendor shall receive compensation for Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by this reference. The compensation shall not exceed Fifteen Thousand Three Hundred Twenty Dollars ($15,320) (“Agreement Price”). Vendor’s invoices shall include a detailed description of the Services performed. Invoices shall be submitted to City on a monthly basis. City shall review and pay all non-disputed and approved charges on such invoices in a timely manner. Vendor shall submit its final invoice to City within thirty (30) days from the last date of Services performed and failure to do so shall result in a waiver of payment from City.
6. Insurance. In accordance with Section 3 of the Terms and Conditions, Vendor shall, at its expense, procure and maintain for the duration of the Agreement such insurance policies as checked below and provide proof of such insurance policies in a form satisfactory to City.
Commercial General Liability Insurance:
$1,000,000 per occurrence/$2,000,000 aggregate for bodily injury, personal injury, and property damage
Automobile Liability:
$1,000,000 per occurrence for bodily injury and property damage.
Workers’ Compensation:
Statutory Limits / Employer’s Liability $1,000,000 per occurrence Professional Liability (Errors and Omissions):
Errors & Omissions liability insurance $1,000,000 per claim and in the aggregate. 2 SIGNATURE PAGE TO SHORT FORM SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF SAN JACINTO AND
THE THOMSEN COMPANY, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.
CITY OF SAN JACINTO
APPROVED BY:
Robert A. Johnson
City Manager
ATTEST:
Julia Espinoza
City Clerk
APPROVED AS TO FORM:
Craig Hayes
Best Best & Krieger LLP
City Attorney
THE THOMSEN COMPANY, INC.
Signature
Name
Title
Ex. A-1
EXHIBIT A
TERMS AND CONDITIONS FOR SERVICES
1. Compliance with Law. Vendor shall comply with all
applicable laws and regulations of the federal, state and local government. Vendor certifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens,
including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time.
By its signature hereunder, Vendor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services. Vendor
represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment in violation of state or federal law. Vendor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the work is being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000, Vendor
agrees to fully comply with such Prevailing Wage Laws,
including, along with subcontractors, being registered with the Department of Industrial Relations (Labor Code §§
1725.1; 1771.1). It shall be mandatory upon the Vendor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code §§ 1771; 1774; 1775), employment of
apprentices (Labor Code § 1777.5), certified payroll records (Labor Code §§ 1771.4; 1776), hours of labor (Labor Code §§ 1813; 1815) and debarment of contractors and
subcontractors (Labor Code § 1777.1). This Agreement may be subject to compliance monitoring and enforcement.
2. Standard of Care. The Vendor shall perform the Services in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the
profession practicing under similar conditions.
3. Insurance. If required by Section 6 of this Agreement, the Vendor shall take out and maintain during this Agreement:
A. Commercial General Liability Insurance for bodily injury, personal injury and property damage, at least as broad as Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 0001); B. Automobile
Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired
vehicles, at least as broad as Insurance Services Office Form Number CA 0001 (ed. 10/13) covering automobile
liability, Code 1 (any auto); C. Workers’ Compensation; D.
Professional Liability (Errors and Omissions) coverage for a term acceptable to the City. Insurance carriers shall be licensed and authorized to do business in California. Such insurance carrier shall have not less than an "A:VII" rating according to the latest Best Key Rating unless otherwise approved by City. Vendor shall add City, its officers, officials, employees, agents, and volunteers as additional insureds on Vendor’s Commercial General Liability and Automobile
Liability. Coverage provided by Vendor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of
subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Vendor or others providing insurance evidence in
compliance with these specifications to waive their right of recovery prior to a loss. Vendor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its
subconsultants.
4. Indemnification. To the fullest extent permitted by law, Vendor shall defend (with counsel of City’s choosing),
indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death (collectively, “Claims”), in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Vendor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Vendor’s Services, the project, or this Agreement,
including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses except such loss or damage which is caused by the sole
negligence or willful misconduct of the City. Vendor’s
obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Vendor or the City, its officials, officers, employees, agents, or volunteers. If Vendor’s obligation to defend, indemnify, and/or hold harmless arises out of Vendor’s performance as a “design professional” (as that term is defined under Civil Code § 2782.8), then, and only to the extent required by Civil Code § 2782.8, which is fully incorporated herein, Vendor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Vendor, and, upon Vendor obtaining a final adjudication by a court of competent jurisdiction, Vendor’s liability for such claim, including the cost to defend, shall not exceed the Vendor’s proportionate percentage of fault.
5. Laws; Venue. This Agreement shall be interpreted in
accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Riverside, State of California.
Ex. A-2
6. Termination. The City may terminate the whole or any part of this Agreement for any or no reason by giving three (3) calendar days written notice to Vendor. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for the work. The City shall pay Vendor the reasonable value as determined by City of any portion of the Services completed prior to termination. The City shall not be liable for any costs other than the charges or portions thereof which are
specified herein. Vendor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of the Services. Vendor may terminate its obligation to provide further work under this Agreement upon thirty (30) calendar days written notice to City only in the event of City’s failure to perform in
accordance with the terms of this Agreement through no fault of Vendor.
7. Changes. By written notice, City may from time to time, make changes to the Services furnished to City by Vendor.
If such change causes an increase or decrease in the
Agreement Price or in the time required for performance, Vendor or City shall promptly notify the other party thereof and assert its claim for adjustment within fifteen (15) days after the change is ordered, and an equitable adjustment shall be made. However, nothing in this clause shall excuse the Vendor from proceeding immediately with the Agreement as changed.
8. Force Majeure. The respective duties and obligations of the Parties hereunder shall be suspended while and so long as performance hereto is prevented or impeded by a Force Majeure Event. The Vendor will not receive an adjustment to the contract price or any other compensation. A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or
quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Vendor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers.
For purposes of this section, “orders of governmental
authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with
Section 6.
9. Miscellaneous Terms. Vendor shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City. This Agreement may not be modified or altered except in writing signed by the Parties. There are no intended third party beneficiaries of any right or obligation of the Parties. This is an integrated Agreement representing the entire
understanding of the Parties as to those matters contained herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply,
according to its fair meaning, and not strictly for or against any Party. The captions of the various paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal. Notice may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the Parties to the addresses set forth in this Agreement. Vendor is retained as an
independent contractor and is not an employee of the City.
No employee or agent of Vendor shall become an employee of City. Vendor warrants that the individual who has signed this Agreement has the legal power, right and authority to make this Agreement and bind the Vendor hereto.
EXHIBIT B
SCOPE OF SERVICES; SCHEDULE OF SERVICES; CONSULTANT RATE SCHEDULE https://d.docs.live.net/093b8c20e5408d3b/Thomsen Company/00 Admin Directory/EXTRA-WORK/2022-EXTRAS/2022-008.012-COSJ-ADDITIONAL TOPO FOR SEWER-STATE STREET.doc
“Surveying Your World…”
E X T R A W O R K A U T H O R I Z A T I O N N O. 12
DATE: March 17, 2026 (Revised 3-31-26) JOB NO.: 2022 - 008 CLIENT: CITY OF SAN JACINTO (SJ-372) PROJECT: STATE ST. LINE E-2 STORM DRAIN REQUESTED BY: MR. STUART McKIBBIN ACCOUNT NO.: 2022 – 008.012 This Extra Work Authorization (EWA) amends our original Agreement for Professional Services dated May 8, 2022 and no additional work above or beyond said contract can be performed without an approved Extra Work Authorization.
All original Terms & Conditions of said Agreement shall remain in force as part of this EWA.
THE FOLLOWING EXTRA SERVICES HAVE BEEN REQUESTED FOR THE ADDITIONAL TOPO:
TASK 1- CONTROL SURVEY:
Establish on-site survey control then set and coordinate aerial targets for the ground and aerial survey of the parking lot and flood control access road South of the flood channel.
ESTIMATE .......................................................................................................$ 1,120.00 TASK 2- TOPOGRAPHIC SURVEY:
Conduct both a ground and aerial topographic survey of approximately 1.39 acres of the parking lot area and approximately 2,000 lineal feet of the access road South of the existing Flood Control channel for the new realignment of the existing sewer line in State Street. Limits are per the Exhibit provided on 3-11-2026 form the City. Also, dip two (2) exist. manholes in Grand Ave. and two (2) exist. manholes in State Street to calculate the new connection inverts, per Chuck Humpal, Project Manager.
ESTIMATE .......................................................................................................$ 2,240.00 TASK 3- DOWNLOAD TOPOGRAPHIC SURVEY:
Process aerial and ground topo data and compile into an AutoCAD.dwg digital computer file for use by the City Engineering Dept. for new sere line design.
ESTIMATE .......................................................................................................$ 1,250.00 TASK 4- UNDERGROUND UTILITY LOCATING: Our Consultant underground utility locators, ULTRA ENGINEERING CONTRACTORS, INC., will provide Ground Penetrating Radar (GPR) for a 20-foot wide strip area determined by the City for the proposed new sewer line realignment through the existing parking lot. The survey limits for this Task will be determined after the topo survey and once a design alignment has been provided to us by the City of San Jacinto. Approximate area is 20-feet wide X 525-feet long or 10,500 square feet.
The general scope for the GPR survey includes:
2587 S. San Jacinto Avenue
San Jacinto, CA 92583
(951) 925-3070 (951) 925-7469 FAX
www.thethomsencompany.com
E X T R A W O R K A U T H O R I Z A T I O N N O. 12
DATE: March 17, 2026 (Revised 3-31-26) JOB NO.: 2022 - 008 CLIENT: CITY OF SAN JACINTO (SJ-372) PROJECT: STATE ST. LINE E-2 STORM DRAIN REQUESTED BY: MR. STUART McKIBBIN ACCOUNT NO.: 2022 – 008.012 ♦ Dig Alert-Perform mark-outs & coordination meetings with Underground Service Alert (USA).
ESTIMATE ................................................................................................... $ 1,860.00 ♦ GPR Survey-Perform ground GPR survey to mark-out existing underground utilities.
ESTIMATE (for 2 move-ins @ 8 hours on-site per day)............................. $ 5,570.00
TASK 5- SURVEY GPR DATA: Mark limits of GPR survey and conduct a ground survey of the utility marks determined by the GPR survey. This will be two move-ins.`
ESTIMATE (for 2 move-ins)............................................................................. $ 1,680.00 TASK 6- COMPILE GPR DATA: Download field survey data from the GPR survey and add the utility data to the City CAD file drawing.
ESTIMATE........................................................................................................... $ 500.00 TASK 7- COORDINATION & MEETINGS: Attend virtual and telephone coordination meetings, as directed by City staff, to assist in on-going survey and design issues.
HOURLY (@ $175 Per hour for Principal – 4 hours are estimated).......................................... $ 700.00 In-House Reimbursables (survey supplies, mileage, etc.) .............................................. $400.00 TOTAL ESTIMATE…......................................................................................... $ 15,320.00 CLIENT AUTHORIZATION:
IN ACCORDANCE WITH TITLE 16, CALIFORNIA CODE OF REGULATIONS, SECTION 463.5, NOTICE IS HEREBY GIVEN THAT THE
PRINCIPALS OF THIS FIRM ARE CURRENTLY LICENSED BY THE CALIFORNIA BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS.
Prepared By (Signature Below) Approved By (Signature Below) Richard F. Thomsen, PLS NO. 6413 Mr. Stuart McKibbin, P.E., City Engineer March 31, 2026
Date Signed: Date Signed: