1 CITY OF SAN JACINTO
PROFESSIONAL SERVICES AGREEMENT
ESPLANADE AVENUE WIDENING PHASE 1 WARREN ROAD TO SANDERSON AVENUE
1. Parties and Date. This Agreement is made and entered into this 2nd day of April 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 Inland Foundation Engineering, a California corporation, with its principal place of business at 1310 South Santa Fe Ave PO Box 937, San Jacinto CA 92581, ("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 Esplanade Avenue Widening Phase 1 Warren Road To Sanderson Avenue. 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, 2027, 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 "C" attached hereto and incorporated herein by this reference. The total compensation shall not exceed One Hundred Five Thousand Nine Hundred Thirty Nine Dollars ($105,939) (“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.
Jill Theriot
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.
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
IFE Inland Foundation Engineering, Inc.
inlandfoundation.com
1310 South Santa Fe Ave. PO Box 937 San Jacinto, CA 92581 ꓲ (951) 654-1555 77622 Country Club Dr. Suite Q, Palm Desert, CA 92211 ꓲ (760) 200-2400 March 12, 2026
City of San Jacinto
1221 S. San Jacinto Ave
San Jacinto, CA 92583
Attention: Mohanad Alami, EIT
Associate Engineer
Subject: Revised Proposal for Materials Testing Services Esplanade Avenue Widening, Phase 1
Warren Road to Sanderson Avenue
San Jacinto, California
CIP No. 06-145 (SJ-222)
Dear Mr. Alami:
Inland Foundation Engineering, Inc. (IFE) is pleased to submit this proposal to provide materials testing services for the subject project. This proposal has been prepared based on the following.
• Plans for City of San Jacinto, California, Esplanade Avenue Widening Phase 1, Warren Road to Sanderson Avenue, CIP #06-145 (SJ-222), Sheet Nos. 1 through 27, prepared by Interwest Consulting Group, dated January 26, 2026 • Geotechnical Investigation, City of San Jacinto, Esplanade Widening Project, prepared by Inland Foundation Engineering, Inc., dated May 30, 2019, Project No. S026-180
• Geotechnical Investigation Report Addendum, Revised Subgrade Preparation Recommendations prepared by Inland Foundation Engineering, Inc., dated February 12, 2026, Project No. S026-180
Project Understanding
The proposed project primarily consists of widening the north side of Esplanade Avenue from Warren Road to west of Sanderson Avenue with 26 feet of new asphalt ___________________________________
Proposal – Materials Testing Services
City of San Jacinto- CIP 06-145, March 2026 2 of 5 Inland Foundation Engineering, Inc. concrete pavement, curb and gutter. The total length of the project is approximately 8,100 feet. The new pavement section will consist of 0.45 feet asphalt concrete (AC) over 1.55 feet Class 2 aggregate base (AB).
The exisitng pavement on the south side of Esplanade Avenue will be improved with • 0.12-ft grind and overlay.
• Type 1 slurry seal and crack seal.
• Rremoval and replacement with 0.45 feet AC over 1.55 feet AB west of Station 135+00 and 0.45 feet AC over 1.20 feet AB east of Station 135+00 Proposed storm drain improvements will consist of:
• New 18-inch HDPE pipe, 8-inch PVC pipe and two headwalls in the Warren Road / Sanderson Avenue intersection.
• Catch basins and detention swale on north side of Esplanade Avenue from the EM-25 flow control facility to Cawston Avenue, approximately 4,900 feet. The swale will be lined with ¼-ton rip-rap and filter fabric. • 50 feet of 24-inch RCP and headwall at Alabaster Avenue. • 2,100 feet of 24-inch RCP from Cawston Avenue to Esplanade Commons property.
Scope of Service
Based on our review of the project plans, and our experience with similar projects, we anticipate the following scope of service.
Site Services
• Continuous observation and compaction testing during excavation for new and replacement pavement, subgrade preparation, and aggregate base placement • Continuous observation, compaction testing and temperature monitoring during asphalt concrete paving
• Compaction testing of storm drain pipe zone and trench backfill soil. Testing will be provided on a part-time, on-call basis at a recommended backfill test frequency of 1 test per every 2 feet vertically and every 150 feet horizontally. ___________________________________
Proposal – Materials Testing Services
City of San Jacinto- CIP 06-145, March 2026 3 of 5 Inland Foundation Engineering, Inc. • Concrete sampling and testing during headwall construction. IFE will provide an ACI-certified technician to test for slump and temperature and to fabrication concrete test cylinders for laboratory compressive strength testing.
Laboratory Testing
• Subgrade and backfill soil – maximum density/optimum moisture content • Aggregate base – maximum density/optimum moisture content • Concrete cylinder compression tests
Our services do not include:
• Laboratory asphalt concrete maximum density, bitumen content, or aggregate gradation. Asphalt concrete relative compaction will be calculated using the project mix design maximum density
• Asphalt concrete batch plant inspection
• Slurry seal testing
If these services are desired, we can revise this proposal accordingly.
Project Management and Report Preparation
Technician observation and test reports will be reviewed and issues of concern will be brought to the attention of the City. This task may include site visits and attendance at the pre-construction meeting and periodic construction meetings as necessary. We will provide technical consultation as necessary and will develop recommendations to address unanticipated or changed conditions.
Fee Estimate
Our staffing assumptions and fee estimate to provide the services described are attached. Actual charges will vary and will be billed on a time and materials basis.
The City will only be billed for actual services performed. Any services provided that are not specifically described herein will be invoiced at our standard fee schedule rates. Our fee estimate is based on the following staffing assumptions.
General
Our services will be performed according to the standard of practice exercised by other practicing geotechnical engineering consultants at the time the service is provided. No warranty is offered.
___________________________________
Proposal – Materials Testing Services
City of San Jacinto- CIP 06-145, March 2026 4 of 5 Inland Foundation Engineering, Inc.
We appreciate the opportunity to work with you on this project. If there are any questions, please contact our office.
Sincerely,
INLAND FOUNDATION ENGINEERING, INC.
Allen D. Evans, P.E.
Principal
ADE:sd
Distribution: Addressee (1)
EXHIBIT C
CONSULTANT RATE SCHEDULE
___________________________________
Proposal – Materials Testing Services
City of San Jacinto- CIP 06-145, March 2026 5 of 5 Inland Foundation Engineering, Inc.
Fee Estimate
Materials Testing Services
Esplanade Avenue Widening, Phase 1
Warren Road to Sanderson Avenue
San Jacinto, California
CIP No. 06-145 (SJ-222)
TASK Total Rate
Site Work Days Hrs/Day Hours ($/Hr) Fee
Soill technician - subgrade and aggregate base 40 8 320 170.00 $ $ 54,400.00 Materials technician - AC pavement 10 8 80 170.00 $ $ 13,600.00 Soil technician - pipeline backfill 20 4 80 170.00 $ $ 13,600.00 ACI Technician - concrete sampling 5 4 20 170.00 $ $ 3,400.00 Vehicle with testing equipement 500 25.00 $ no charge
Subtotal Site Work $ 85,000.00
Laboratory Testing No Rate (ea) Fee
Max density - opt moist - soil, aggregate base 8 $ 180.00 $ 1,440.00 Concrete cylinder compressive strength (5 sets of 5) 25 25.00 $ $ 625.00 Subtotal Laboratory Testing $ 2,065.00
Total Rate
Project Management / Engineering / Reporting Hours ($/Hr) Fee Project Engineer 24 175.00 $ $ 4,200.00
Clerical 48 85.00 $ $ 4,080.00
Subtotal Project Management / Engineering $ 8,280.00
Contingency (10%) 10,594.00
TOTAL ESTIMATED FEE $ 105,939.00