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3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.
Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its sub consultants.
3.2.11.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
3.2.11.7 Sub consultant Insurance Requirements. Consultant shall not allow any sub consultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular sub consultants. The Consultant and the City shall be named as additional insureds on all sub consultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.11.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B)
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instructions in accident prevention for all employees and sub consultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.13 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ___ attached hereto and incorporated herein by reference. The total compensation shall not exceed $75,000 without written approval of City of Colton City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. “IF” the Services are 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 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the City,
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its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement.
Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5 Ownership of Materials and Confidentiality.
3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission.
Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.5.2 Sub consultants. Consultant shall require all sub consultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the sub consultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right
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to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its sub consultants, or those provided to Consultant by the City.
3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.5.5 Confidentiality. All Documents & Data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant that is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
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3.6 General Provisions.
3.6.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
City:
CITY OF COLTON
650 NORTH LA CADENA DRIVE
COLTON CA 92324
ATTN: Justin Weems, FIRE CHIEF
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.2 Indemnification.
3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, 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, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
3.6.2.2 Additional Indemnity Obligations. Consultant shall defend, with Counsel of City's choosing and at Consultant’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.6.2.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees.
Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing
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the indemnity herein provided. Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, official’s officers, employees, agents, or volunteers.
3.6.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.
Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.6.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.6.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.7 Assignment or Transfer. Consultant shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.8 Construction; References; Captions. 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. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and sub consultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and 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.
3.6.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.6.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in
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Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.13 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or sub consultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.15 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.6.16 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6.18 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
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IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the ___ day of _____.
CITY OF COLTON
By: _________________________
William R. Smith Date
City Manager
Attest: _________________________
Isaac Suchil Date
City Clerk
(Contractor)
By: _________________________
Signature Date
_________________________
Name (Print)
_________________________
Title (Print
Notice
Basic Information
Estimated Contract Value (USD) $275,000.00 (Not shown to suppliers) Reference Number 0000420989
Issuing Organization City of Colton
Owner Organization
Solicitation Type RFQ - Request for Qualifications (Formal) Solicitation Number PUR-26-01
Title Fire Department Weed Abatement Services
Source ID PU.MU.USA.2489014.C21522876
Piggyback Solicitation No
Details
Location San Bernardino County, California
Purchase Type Term: 07/01/2026 12:00 AM PDT - 06/30/2031 12:00 AM PDT Description The City of Colton is requesting Statements of Qualifications (SOQ) from qualified contractors to enter into an agreement for as-needed fire department outside weed abatement services.
Agreements with individual contractors will have a three-year period with the potential for two one-year extensions. The potential contract value for each agreement will be up to $55,000 for any given contract year, with the anticipated total agreement value up to $275,000.
Dates
Publication 04/16/2026 05:10 PM PDT
Question Acceptance Deadline 05/07/2026 05:00 PM PDT
Questions are submitted online No
Bid Intent Not Available
Closing Date 05/14/2026 05:00 PM PDT
Contact Information
Stacey Dabbs
909-370-5052
[email protected]
Buyer Preferences, Guidelines & Requirements
General Requirements
- Insurance Required
Bid Submission Process
Bid Submission Type Electronic Bid Submission
Pricing Lump sum
Pricing Lump sum
Bid Documents List
Item Name Description Mandatory Limited to 1 file
Bid Documents Documents defining the proposal No No
PUR-26-01 - Fire Department Weed Abatement Services
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Documents
Documents
Document Size Uploaded Date Language
RFQ Weed Abatement Services 2026 Final.pdf [pdf] 710 Kb 04/16/2026 04:57 PM PDT English PUR-26-01 - Fire Department Weed Abatement Services
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Categories
Selected Categories
NIGP Categories (2)
988 ROADSIDE, GROUNDS, RECREATIONAL AND PARK AREA SERVICES 98889 Weed and Vegetation Control (Including Trees, Shrubs and Aquatic Weed Control) Weed and Vegetation Control (Including Trees, Shrubs and Aquatic Weed Control) 98807 Cleaning of Amusement Areas, Exposition Centers, Grounds, Parks, Picnic Areas, Rest Areas, Etc.
Cleaning of Amusement Areas, Exposition Centers, Grounds, Parks, Picnic Areas, Rest Areas, Etc.
This copy of the NIGP Code is the property of the National Institute of Governmental Purchasing, Inc. (NIGP), is displayed and used by BidNet under license from Periscope Holdings, Inc. (the authorized sub-licensor of NIGP), and is protected under the copyright laws of the United States. It may not be copied or used (in whole or part) by any party unless such party is authorized to do so under the terms of a written license agreement entered into with NIGP or its authorized sub-licensors expressly authorizing such party to use the NIGP Code. Unauthorized copying or use is prohibited. Dated: January 2016
PUR-26-01 - Fire Department Weed Abatement Services
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Courtesy Email
Sent using email addresses
[email protected]
PUR-26-01 - Fire Department Weed Abatement Services
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5
Document Request List
Document Request List
Organization Name Main Contact Download Date City Province/State Community Tree Service,
LLC
Vanessa Benitez 05/14/2026 09:02 AM PDT Royal Oaks California Pineda General
Construction, Inc.
Arturo Pineda 05/13/2026 04:39 PM PDT Nuevo California
ACE Tree Enterprise Inc. Cinthya Vasquez 05/12/2026 08:58 AM PDT Roseville California Timber Construction Co Jake Timber 05/09/2026 12:20 PM PDT Stockton California Paradise Estimating John Wood 05/09/2026 11:09 AM PDT Brooklyn New York Construction Bid Source Angela R 05/07/2026 12:43 PM PDT Holly Springs North Carolina EMTS, Inc. Darin Sherlock 05/04/2026 10:29 AM PDT Clovis California C & M Weed Abatement Mike Romage 04/29/2026 05:13 PM PDT Apple Valley California Rolling Green INC Pablo Vargas 04/23/2026 12:14 PM PDT San Bernardino California Universal Green LLC Salvador Moreno 04/23/2026 09:26 AM PDT Desert Hot Springs California BrightView Landscape
Services, Inc.
David Moo 04/21/2026 10:29 PM PDT Gardena California
CivicBridges Doug Anderson 04/21/2026 12:40 PM PDT Twin Falls Idaho Sustainable Mitigation Anthony Hoag 04/20/2026 12:35 PM PDT Angelus Oaks California LMB Consulting Lacey Bridges 04/19/2026 05:25 PM PDT Rowlett Texas Lamison Morningside
Group
Salena Lawrence 04/18/2026 10:45 AM PDT New YOrk New York Allied Solutions Jason Collier 04/18/2026 07:24 AM PDT Carmel Indiana Mariposa Landscapes,
Inc.
Larry Rudd 04/17/2026 01:17 PM PDT Irwindale California Construction Journal Construction Journal 04/17/2026 01:13 PM PDT Stuart Florida Summitt Forests Inc. Scott Nelson 04/17/2026 10:32 AM PDT Ashland Oregon West Coast Tree Service,
Inc.
Kevin Mellado 04/17/2026 09:23 AM PDT Anderson California West Coast Arborists, Inc. Victor Gonzalez 04/17/2026 08:34 AM PDT Anaheim California URW, LLC. Catrina Palmer 04/17/2026 07:10 AM PDT Phoenix Arizona MCE Corporation Jeff Core 04/17/2026 06:22 AM PDT Concord California hitech hi tae 04/17/2026 05:08 AM PDT montreal Quebec
Logic Automation LLC Andrew Molyneaux 04/17/2026 02:42 AM PDT riverside California GovBright - DO NOT
REACTIVATE
Thomas Swift 04/16/2026 09:09 PM PDT McLean Virginia
Quantum Ridge Ventures
- DO NOT REACTIVATE
Frank Smith 04/16/2026 08:02 PM PDT Austin Texas
Tree Service Kings, Inc. Ernesto Macias 04/16/2026 06:11 PM PDT Canoga Park California A Plus Tree, LLC Emily Spillett-Brownlie 04/16/2026 05:27 PM PDT Roseville California PUR-26-01 - Fire Department Weed Abatement Services
07/08/2026 12:20 PM PDT Page 5 of
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SUSTAINABLE MITIGATION
www.sustainablemitigation.com
P.O. Box 1132
Angelus Oaks, CA 92305
Phone: 951.712.2327
Email: [email protected]
STATEMENT OF QUALIFICATIONS
Fire Department Outside Weed Abatement Services
City of Colton Fire Department
303 East E Street
Colton, CA 92324
Submitted To:
Jon Boggs
Battalion Chief / Fire Marshal
[email protected]
Date: May 5, 2026
Jon,
We appreciate the opportunity to submit our qualifications for weed abatement services with the City of Colton.
Most companies treat weed abatement as just another service they offer. That’s not how we operate. This is what we do, and we’ve built our company around doing it efficiently, consistently, and at a level that other contractors don’t match.
We understand that this program is primarily about getting a large number of parcels cleared quickly and correctly using the right equipment. That means running reliable tractor operations, staying on schedule, and delivering clean, compliant results the first time. That’s where we’re strongest.
Our crews are set up to move through parcel lists efficiently, handle multiple assignments at once, and keep work progressing without delays. We focus on making sure each property is completed to spec, with proper coverage, clean edges where required, and clear before-and-after documentation that’s organized and easy to review.
Our goal is simple: make your program easy to manage. By year two, you should be able to hand us your parcel list and know it will be completed on time, documented properly, and done without the need for rework or follow-up.
We take that responsibility seriously and would welcome the opportunity to work with your team.
SUSTAINABLE MITIGATION
www.sustainablemitigation.com
P.O. Box 1132
Angelus Oaks, CA 92305
Phone: 951.712.2327
Email: [email protected]
COMPANY EXPERIENCE
Sustainable Mitigation is built specifically for weed abatement. This isn’t one of several services we offer, it’s the core of what we do.
Most contractors in this space come from landscaping or general maintenance. That shows pretty quickly when they’re asked to handle large parcel lists under a deadline. Weed abatement at this level is about production, consistency, and getting properties cleared correctly the first time. If you’re not set up for that, things fall behind.
From the beginning, we’ve focused on doing this work at a high level, clean results, fair pricing, and no shortcuts. That approach has allowed us to grow steadily while maintaining a strong reputation with the agencies we work with.
One of our biggest advantages is our crews. While this is a seasonal industry, we’ve retained the same core teams for the past five years as we’ve grown. That consistency matters. Our crews know the work, understand expectations, and operate efficiently without needing constant oversight. In many cases, they are returning to the same properties year after year, which improves both speed and quality.
We are set up to handle large volumes of work using the right equipment for the job. Our operations are centered around tractor-based disking and mowing, supported by hand crews where needed. This allows us to move efficiently through parcel lists while still meeting the required standards for coverage, cleanup, and presentation.
At the end of the day, we take a very straightforward approach: do the work right, stay on schedule, and make it easy on the client. That’s how we’ve built the company, and that’s how we approach every contract.
SUSTAINABLE MITIGATION
www.sustainablemitigation.com
P.O. Box 1132
Angelus Oaks, CA 92305
Phone: 951.712.2327
Email: [email protected]
ASSOCIATE TEAM
Sustainable Mitigation operates with six dedicated field crews. Each crew is structured with one foreman and three laborers, allowing us to run multiple assignments at the same time without slowing down production.
For large-scale disking and mowing operations, we adjust our structure to match the work. In those cases, crews are configured as a three-person team with one foreman/operator and two support laborers. This allows us to run equipment efficiently while still maintaining the necessary handwork support for edges, obstacles, and cleanup.
We manage crew allocation based on the actual needs of the job. If handwork or edging is completed on a parcel, those team members are reassigned to another property or task rather than remaining idle. This keeps production moving and ensures the City is not paying for unnecessary downtime.
Because we work with multiple agencies throughout the area, our crews are consistently active and experienced. They are used to working under deadlines, moving between assignments, and maintaining a steady pace without sacrificing quality. This flexibility allows us to handle multiple parcels or job sites at once while still meeting required timelines.
Oversight and coordination are handled directly by ownership. As owner, I am responsible for contract execution, scheduling, and overall program management. I also handle the submission and organization of before-and-after photos, as well as invoicing and communication with the City. This keeps accountability clear and ensures that nothing falls through the cracks.
This structure allows us to stay efficient, responsive, and consistent across all assigned work.
SUSTAINABLE MITIGATION
www.sustainablemitigation.com
P.O. Box 1132
Angelus Oaks, CA 92305
Phone: 951.712.2327
Email: [email protected]
PROJECT APPROACH
Our approach is built around one thing: getting through large parcel lists quickly, cleanly, and without creating extra work for the City.
We are set up to meet the 48-hour response requirement every time. Our Inland Empire operations are based out of our yard in Mentone, which allows us to mobilize crews quickly and respond without delay when work is assigned. We keep equipment ready and crews scheduled in a way that allows us to take on new parcels immediately.
Work is approached with a production mindset. Parcels are grouped and scheduled to keep crews moving efficiently from one site to the next, minimizing downtime and maximizing output. With six active crews, we are able to handle multiple assignments at the same time while keeping steady progress across all assigned properties.
For disking and mowing operations, we focus on delivering full coverage that meets the required standard.
Parcels are completed to ensure proper clearance, clean edges, and compliance with the City’s expectations for visible dirt coverage and overall presentation. Where handwork is required, it is completed alongside equipment operations to avoid delays and eliminate the need for return trips.
Documentation is handled as part of the workflow, not after the fact. Before and after photos are taken on every parcel and organized by parcel number, then converted to pdf format. This ensures that documentation is easy to review and meets the City’s requirements without back-and-forth or resubmittals.
We also understand the importance of staying on schedule once work is assigned. Our crews are staffed and managed to maintain consistent daily production, and we do not overextend beyond what we can complete.
This allows us to avoid missed days, delays, or partially completed work.
Overall, our goal is to make the program run smoothly from start to finish. Work gets completed on time, documentation is clean and organized, and there is no need for follow-up or rework.
SUSTAINABLE MITIGATION
www.sustainablemitigation.com
P.O. Box 1132
Angelus Oaks, CA 92305
Phone: 951.712.2327
Email: [email protected]
ADDITIONAL VALUE
We understand that we are not always the lowest-cost contractor. That’s intentional.
Our focus has always been on doing the work right the first time, staying on schedule, and delivering a level of consistency that eliminates the need for follow-up, rework, or constant oversight. That approach may not always come in as the cheapest option, but it consistently delivers better results for the agencies we work with.
A big part of that comes from our crews. We invest in keeping good people, and it shows in the work. Our teams take pride in what they do and understand that this isn’t just maintenance work, it’s tied directly to fire prevention and public safety. That mindset carries through in how properties are completed, how details are handled, and how consistent the results are across a full APN list.
Cities that hire us tend to see the difference pretty quickly. The work is cleaner, the documentation is organized, and the process becomes predictable. Over time, that turns into a program that runs smoothly without needing constant attention.
Our goal is to get to that point as quickly as possible. By the second year, our clients are able to hand over their parcel list and trust that it will be completed on time, documented properly, and done to a standard they don’t have to question.
We take that level of consistency seriously, and it’s something we’ve built our entire operation around.
We sincerely appreciate the opportunity to bid on this project and thank you for taking the time to read our proposal.
Anthony Hoag
Sustainable Mitigation
951-712-2327
SUSTAINABLE MITIGATION
www.sustainablemitigation.com
P.O. Box 1132
Angelus Oaks, CA 92305
Phone: 951.712.2327
Email: [email protected]
Current References:
Name: Title: Agency: Phone #: Email:
Adrian
Zavala
County
agricultural
commissioner
Los Angeles
County
Agricultural
Weights &
Measures
[email protected]
Ashlea
Sweden
County
inspector III
San
Bernardino
Land Use
Services
626-575-5462
909-884-4056
[email protected]
Nate
Wyatt
Parks and
recreation
superintendent
City of Paso
Robles 805-391-0947 [email protected]
City Of
Redlands
Vincent
Anderson
Fire Marshal 909-583-7146 [email protected]
City of Beaumont Doug
Story
Parks and
Recreation
Director
951-572-3235
[email protected]
The following references reflect current and recent public agency clients for similar vegetation management and fuel hazard reduction services.
Item: 6.
Staff Report
Meeting Date: September 1, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Contract Award - Award a Contract for the Engineering Design Services of the Valley Sewer Mainline Replacement Project in the amount of $62,490.00.
Recommended Action:
Approve and authorize the City Manager to execute a Professional Services Agreement with RKA Consulting Group in an amount not to exceed $62,490.00, for engineering design services associated with the Valley Sewer Mainline Replacement Project.
Background:
The City of Colton owns and maintains a major 15-inch vitrified clay pipe (VCP) sanitary sewer trunk main located within the alley north of Valley Boulevard between 11th Street and 12th Street. This trunk sewer is one of the City's primary wastewater conveyance facilities, collecting and transporting wastewater from upstream residential, commercial, and industrial areas to the downstream wastewater collection system. Previous CCTV inspections identified a collapsed section of the existing 15-inch sewer main estimated to be approximately 100 to 180 linear feet in length.
City staff has determined that the collapsed section has resulted in a complete blockage of the 15-inch trunk sewer. Consequently, all upstream wastewater flows have been diverted into the adjacent 8-inch sanitary sewer, which is currently operating at or near its hydraulic capacity.
Continued operation under these conditions significantly increases the risk of a sanitary sewer overflow (SSO), exposing the City to environmental impacts, regulatory enforcement by the California State Water Resources Control Board and Regional Water Quality Control Board, emergency response costs, and substantial regulatory penalties.
The Valley Sewer Mainline Replacement Project is therefore necessary to restore the City's primary wastewater conveyance facility, eliminate the risk associated with the blocked trunk sewer, and maintain reliable wastewater service. The project includes preparation of Plans, Specifications, and Engineer's Estimate (PS&E), utility coordination, CCTV verification,
topographic surveying, bidding assistance, and engineering support during construction. Timely replacement of this critical sewer trunk main will restore the City's wastewater conveyance capacity, improve system reliability, and reduce the risk of future sanitary sewer overflows and emergency repairs.
Issues/Analysis:
On December 16, 2025, the City Council approved a list of pre-qualified consulting firms to provide on-call engineering, construction management, and inspection services for various maintenance and capital improvement projects for Fiscal Years 2025-26 through 2027-28. On July 16, 2026, the City issued a Request for Proposals (RFP) to the pre-qualified consulting firms for engineering design services for the Valley Sewer Mainline Replacement Project. The City received proposals from four engineering firms:
No. Name of Consultant Cost Proposal
1 HR Green Pacific $62,127.00
2 RKA Consulting Group $62,490.00
3 Tait & Associates, Inc. $69,476.00
4 TKE Engineering, Inc. $74,025.00
Based on the evaluation of qualifications, technical approach, project understanding, relevant municipal experience, project schedule, and proposed fee, staff determined that RKA Consulting Group submitted the most qualified proposal and offers the best overall value to the City. Staff recommend awarding the Professional Services Agreement in the amount of $62,490.00 to prepare the engineering design, construction plans, technical specifications, cost estimate, and bidding documents necessary for construction of the project. Staff recommends awarding the Professional Services Agreement to RKA Consulting Group.
Fiscal Impacts:
The total contract amount for engineering design services for the Valley Sewer Mainline Replacement Project is $62,490.00. Sufficient appropriations are available in adopted FY2026- 27 budget in Wastewater Fund Account No. 522-8200-8204-3890-0000-000.
Alternatives:
Provide alternative direction to staff.
Attachments:
1. Professional Services Contract RKA
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CITY OF COLTON
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 18th day of August 2026, by and between the City of Colton, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and RKA Consulting Group a corporation, with its principal place of business at 398 Lemon Creek Dr # E, Walnut, CA 91789 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Engineering services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project;
City desires to engage Consultant to render such professional Engineering consulting services for the VALLEY SEWER MAINLINE REPLACEMENT PROJECT (“Project”) as set forth in this Agreement Consultant understands that the City has entered into a Utility System Management Agreement, dated as of September 1, 2000, with the Colton Utility Authority (“CUA”) for the maintenance, management and operation of its Water Enterprise and Wastewater Enterprise (“CUA Management Agreement”). To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, City enters into this Agreement on behalf of the CUA and subject to the terms of the CUA Management Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all the labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Engineering consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and inc orporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from September 21, 2026 to June 30, 202 7, unless earlier terminated as provided herein Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agr eement if necessary to complete the Services.
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3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall als o not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consult ant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from t he Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Cody Howing, P.E., QSD, Principal in Charge.
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3.2.5 City's Representative. The City hereby designates Chad Blais, Public Works and Utilit y Services Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative . Consultant hereby designates Cody Howing, P.E., QSD, Principal in Charge, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all p ortions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represent s and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or
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pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.2.10 Laws and Regulations ; Employee/Labor Certification . Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any c laim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies 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 A ct of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.
Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.
3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub - subcontractors and Subconsultants . To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub - subcontractors or subconsultants to meet any of the requirements provided for in Sections
3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section
3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
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3.2.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.5 Air Quality . To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", w hich definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violat ions of applicable laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limit ed to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space proc edures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Insurance.
Time for Compliance . Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this Section.
3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultan t, its agents, representatives, employees or subconsultants.
Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
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(A) Minimum Scope of Insurance . Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability :
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance . Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by t he City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.
3.2.11.3 Professional Liability . Consultant shall procure and maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to the limits.
3.2.11.4 Insurance Endorsements . The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20
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01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or se lf-insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section
3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be na med as additional insureds pursuant to this Section 3.2.11.4(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, offi cers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to
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waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.11.6 Deductibles and Self -Insurance Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respe cts the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
3.2.11.7 Subconsultant Insurance Requirements . Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If r equested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.8 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a per son authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to requ ire complete, certified copies of all required insurance policies, at any time.
3.2.11.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.2.12 Water Quality Management and Compliance.
3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.
3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, w ithout limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the
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Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations an d policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, a nd ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Sixty-Two Thousand Four Hundred Ninety ($62,490.00) without written approval of the City of Colton. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The
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invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are 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 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant s hall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business a nd at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of th e project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with
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all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant ’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant 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 Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate t his Agreement except for cause.
3.6.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this A greement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the
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respective parties may provide in writing for this purpose:
Consultant: RKA Consulting Group
398 Lemon Creek Dr # E,
Walnut, CA 91789
Attn: Cody Howing, P.E., QSD,
Principal in Charge
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Chad Blais, Public Works and Utility Services
Director
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate not ice on the date actual notice occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Con sultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design
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professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.6.3.3 Right to Use . City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a pro ject other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & D ata, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. C onsultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to
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fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.4 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.5 Indemnification.
3.6.5.1 To the fullest extent permitted by law, Consultant 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, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consul tant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Co nsultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’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 Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law; Government Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have be en followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
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3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction; References; Captions. 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. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and 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.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.15 No Third -Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the
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Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6.20 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “A -1” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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SIGNATURE PAGE TO
PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN
THE CITY OF COLTON AND
RKA CONSULTING GROUP
CITY OF COLTON
By: _________________________
William R. Smith
City Manager
Attest: _________________________
Isaac T. Suchil
City Clerk
RKA CONSULTING GROUP
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
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23152.06000\30453088.2 Exhibit “B”-1
EXHIBIT "A"
SCOPE OF SERVICES
398 Lemon Creek Drive, Suite E, Walnut, CA 91789 | www.rkagroup.com | (909) 594-9702 Municipal Engineering and Building & Safety Services Since 1981 City of Colton
Proposal For
Professional Engineering and Design Services for the
Valley Sewer Mainline Replacement Project
July 16, 2026
CITY OF COLTON: Professional Engineering and Design Services for the Valley Sewer Mainline Replacement Project Table of
Contents
Section Section Title Page
1 Cover Letter 1
2 Firm Qualifications 2
3 Project Understanding and Approach 6
4 Scope of Work Program 7
5 Team Organization and Qualifications 10
6 Project Schedule 16
7 Cost Proposal 17
CITY OF COLTON: Professional Engineering and Design Services for the Valley Sewer Mainline Replacement Project
COVER LETTER
SECTION
1 City of Colton | Professional Engineering and
Design Services for the Valley Sewer Mainline
Replacement Project
CITY OF COLTON: Professional Engineering and Design Services for the Valley Sewer Mainline Replacement Project July 16, 2026
Jess C. Sotto, P .E.
Utilities Engineer
City of Colton
Public Works and Utility Services Department
160 South 10th Street
Colton, CA 92324
Re: Valley Sewer Mainline Replacement Project
Dear Mr. Sotto,
RKA Consulting Group (RKA) is pleased to submit our proposal to provide professional engineering design services for the Valley Sewer Mainline Replacement Project. We appreciate the opportunity to continue supporting the City of Colton with critical infrastructure improvements that enhance the reliability and long-term performance of the City's wastewater collection system.
We are pleased to designate Cesar Orriz, P .E., T.E. QSD, as the Project Manager and primary point of contact responsible for delivering all engineering services from project initiation through final PS&E. Cody Howing, P .E., QSD, Principal-in- Charge, will provide executive oversight, quality assurance, and ongoing support throughout the project to ensure timely delivery and technical excellence.
With more than 40 years of municipal engineering experience, RKA has successfully completed numerous sewer rehabilitation and replacement projects throughout Southern California, including sewer main replacement, sewer rehabilitation, utility coordination, topographic surveying, PS&E preparation, bidding support, and construction engineering. Our experience with projects of similar size and complexity allows us to quickly evaluate existing conditions, identify potential design challenges, and develop practical, cost-effective solutions that minimize construction impacts while improving long-term system reliability.
Our team understands the City's objective of replacing the deteriorated 15- inch vitrified clay sewer main while maintaining uninterrupted service to the surrounding area. We also recognize the importance of verifying existing field conditions through CCTV inspection, confirming service lateral connections, coordinating utility conflicts through potholing, and preparing a complete, biddable PS&E package within the City's accelerated 90-day schedule. Our project delivery approach emphasizes early field investigation, proactive communication, disciplined quality control, and close coordination with City staff throughout each phase of design.
Supporting RKA are our trusted subconsultants, including Kelsoe & Associates for aerial surveying, Kana Surface Engineering for utility potholing, and Tunnelworks for CCTV Inspections, allowing us to provide comprehensive services through a single point of responsibility.
Thank you for considering our proposal. We appreciate the opportunity to partner with the City of Colton and look forward to delivering a successful project that meets the City's schedule, budget, and quality expectations.
Sincerely,
Cody Howing, P .E., QSD
Principal-in-Charge
RKA Consulting Group
COVER LETTER
Headquarters:
398 Lemon Creek
Drive, Suite E, Walnut,
California 91789
www.rkagroup.com
Office: (909) 594-9702
Fax: (909) 594-2658
Authorized Individual:
Cody Howing, P .E.
Vice President/Principal-
in-Charge
[email protected]
Office: (909) 594-9702
Direct: (909) 532-5031
Lead/Primary
Contact:
Cesar Ortiz, P .E.
Project Manager
[email protected]
Office: (909) 594-9702
1
CITY OF COLTON: Professional Engineering and Design Services for the Valley Sewer Mainline Replacement Project
FIRM QUALIFICATIONS
AND REFERENCES
SECTION
2 City of Colton | Professional Engineering and
Design Services for the Valley Sewer Mainline
Replacement Project
CITY OF COLTON: Professional Engineering and Design Services for the Valley Sewer Mainline Replacement Project About Us
Founded in 1981, RKA Consulting Group (RKA), is a
California- based, small business multidisciplinary
civil engineering and municipal services firm. We have
proudly provided services to more than 65 cities and
public agencies throughout southern California. With
40 professionals on staff, we specialize in a diverse
range of services including sewer and water system
rehabilitaiton, street rehabilitation, transportation
engineering, capital improvement planning, traffic
design, storm-water, municipal infrastructure, and
construction management. Additionally, RKA provides
comprehensive Building & Safety services, including
plan check, permit review, and building inspection.
Our team has supported several agencies such as
Stanton, Buena Park, and Artesia delivering a diverse
range of capital improvement projects, specifically
sewer and street rehabilitation. We have long-
standing clients to whom we provide municipal
engineering services, including Duarte, Norco,
Bradbury, Walnut, La Verne, and Covina. These
partnerships demonstrate our ability to consistently
deliver responsive, high-quality support under on-call
arrangements.
We are hopeful for the opportunity to partner with the
City of Colton and are confident that our firsthand
experience and ability to interface with City staff
will allow us to provide exceptional service to the
City. Our team is committed to working together
to bring engineering principles to life by enhancing
infrastructure, improving public safety and supporting
accessibility and mobility in the City.
Core Services
We specialize in a wide range of municipal civil
engineering services, including:
• City Engineering
• Capital Improvement Projects
• Roadway and Complete Streets Design
• ADA Compliance & Accessibility Improvements
• Plans, Specifications, & Estimates (PS&E)
• Traffic Engineering & Signal Improvements
• Water, Storm Drain, Sewer Infrastructure
• Construction Management and Inspection
• Plan Check, Permitting & Construction Support
• Land Development Review
• Regulatory Compliance
• Federally Funded Project Management
• NPDES, SWPPP , and Water Quality Compliance
Ownership & Leadership
RKA is owned and led by three principals, David
Gilbertson, P .E., T.E., P .L.S. (President - 50%
ownership), Cody Howing, P .E. (Vice President - 25%
ownership), and Raymond Tao, P .E., CBO, CASp
(Director of Building and Safety - 25% ownership),
who remain actively involved in day-to-day project
oversight. They collectively bring decades of expertise and experience serving municipal clients, remaining
accessible, and committed to setting high standards
across every project.
Key Personnel Contact Information
Authorized Signatory Contact:
Cody Howing, P .E.
Vice President/Principal-in-Charge
[email protected] | Office: (909) 594-9702 |
Direct: (909) 532-5031
Engineering Services Contact:
Cesar Ortiz, P .E., T.E.
Director of Engineering
[email protected] | Office: (909) 594-9702
Cesar Ortiz will serve as RKA’s primary point of contact for this contract and will be responsible for day-
to-day coordination, communications, and overall
responsiveness to City requests.
Current Workload and Capacity
RKA maintains the staffing capacity to support the
City of Colton under this contract. Our workload
is distributed across principals, project managers,
senior engineers, assistant engineers, and specialty
support staff, allowing RKA to assign personnel based
on each task order’s scope, schedule, and technical
requirements. Because RKA regularly supports
multiple municipal clients under on-call agreements,
our internal staffing process is structured to manage
concurrent assignments, shifting priorities, and
schedule-sensitive reviews.
FIRM QUALIFICATIONS AND REFERENCES
Firm at a Glance:
• Legal Name: RKA Consulting Group
• Headquarters: 398 Lemon Creek Dr., Ste E,
Walnut, CA, 91789
• Phone: (909) 594-9702
• Website: www.rkagroup.com
• Founded: 1981
• Employees: 40
• Cities Served: 65+
• Certified CA Corp. License: #C1155995
• Federal Employer Identification Number (FEIN):
95-3759733
• Small Business License: #53690
2
CITY OF COLTON: Professional Engineering and Design Services for the Valley Sewer Mainline Replacement Project Our Engineering Services
Our professional services are rooted in civil engineering, with specialized expertise across core disciplines that support infrastructure and development projects. These include:
Municipal Engineering
• Capital Improvement
Planning
• Contract City Engineering
• Development Review
• Public Works Administration
Construction Administration
• Bid and Contract Support
• Submittal and RFI Review
• Change Order Evaluation
• Project Coordination
• Utility Coordination
Street/Roadway Improvements
• Pavement Rehabilitation &
Resurfacing
• Complete Streets Design
• ADA Upgrades & Safety
• Curb, Gutter & Sidewalk
Design
Traffic Engineering
• Intersection Design
• Signal Design & Timing
Optimization
• Traffic Calming Measures
• Traffic Studies & Analysis
Stormwater & Environmental
Compliance
• NPDES Compliance &
Reporting
• Stormwater Pollution
Prevention Plans (SWPPP)
• Low Impact Development
(LID)
Water, Sewer, and Storm Drain
Infrastructure
• Hydrology and Hydraulic
Studies
• Sewer Main Improvements
• Water Pipeline Replacements
Land Development
• Site Grading & Drainage
Design
• Land Surveying & Mapping
• Tentative & Final Tract Maps
• Parcel Maps & Lot Line
Adjustments
Regulatory Compliance
• Grant Administration
• CEQA/NEPA
• Federal Grant Compliance-
FHWA & Caltrans Processes
• Documentation & Reporting
Public Facilities and Parks
• ADA/accessibility Upgrades
• Community Infrastructure
• Parking Lot Expansions
• Park Renovations and
Upgrades
RKA Organization
We take pride in maintaining a well-balanced and agile organization structure that supports responsiveness and quality at every level. The below structure outlines our core departments, leadership team and staffing resources. Our team of approximately forty (40) professionals are primarily based at our main headquarters located in Walnut, California, with additional team members, supporting full-time roles and dedicated hours at our client agencies.
Department Key Roles Staff Count
Principals/Owners Executive Leadership, Professional Engineers, Department Directors 3 Administrative Office Operations, HR, Finance, Marketing 4 Engineering Professional Engineers, Project Managers, Designers, Construction Managers, Public Works Inspectors, Technicians
18 Building and Safety Plan Check Engineers, Plans Examiners,Building Inspectors, Permit Technicians, Technicians
15 FIRM QUALIFICATIONS AND REFERENCES
3
CITY OF COLTON: Professional Engineering and Design Services for the Valley Sewer Mainline Replacement Project
FIRM QUALIFICATIONS AND REFERENCES
City of Buena Park
4th Street Sewer Upsizing Project
RKA prepared the plans, specifications, and estimate
(PS&E) for the City of Buena Park’s 4th Street Sewer
Upsizing Project, located on 4th Street from Indiana
Avenue to the easterly cul-de-sac. The project scope
included upsizing approximately 1,200 linear feet
of existing 6-inch sewer to new 8-inch vitrified clay
pipe (VCP), rehabilitation of existing manholes,
reconnection of service laterals, trench backfill, and
pavement restoration. The existing sewer alignment
runs generally along the centerline of 4th Street in a
constrained corridor with nearby utilities, including an 8-inch water main running parallel to the sewer and
a storm drain crossing near Indiana Avenue. RKA’s
design approach focused on improving long-term
system capacity and reliability while accounting for
utility conflicts, traffic control, constructability, and phased PS&E development at 65%, 95%, and 100%
milestones.
Project Reference:
Jason Tran, P .E., Associate Engineer
[email protected] | (714) 562-3680
Project Team
Project Manager: Cesar Ortiz, PE, TE, QSD
[email protected] | (909) 594-9702
Assistant Engineer: Diego Diego, E.I.T.
Quality Control: Cody Howing. P .E.
Construction Cost: $878,000
4 RKA provided design engineering and construction
management services for the Covina Sewer Relief
Line Project, which replaced an undersized 8-inch
sewer line with a new 10-inch line along San
Bernardino Road, between 2nd and 3rd Avenue. The
scope included removal and replacement of the
existing sewer main, reconstruction of manholes,
and replacement of sewer laterals to address system
deficiencies and increased capacity demands. These
improvements helped mitigate the risk of the system
overflows, reduced maintenance burdens, and
positioned the infrastructure for long-term reliability and growth in the service area.
Project Team
Project Manager: Juan Salazar, P .E., QSD
[email protected] | (909) 594-9702
Assistant Engineer: Javier Valle Avila, EIT
Quality Control: Michael Lee, PE, QSD
Construction Cost: $970,000
Project Reference:
Rafael Fajardo, City Engineer
[email protected] | (626) 384-5489
City of Covina
Sewer Relief Line Project
City of Stanton
2024/25 Sewer Rehabilitation Project CIP-001
RKA partnered with the City of Stanton to design the
plans and specifications for their Fiscal Year 2024/25
Sewer Rehabilitation Project (CIP-001). This capital
improvement project's scope involved the repair and
rehabilitation of severe defects in 12 different sewer
pipeline segments across the City. The project's
preliminary recommendations involved using
trenchless UV-Cured in-place pipe (UV CIPP) liners,
a low-cost method that can extend the life of pipes
by up to 50 years without the need for excavation.
In addition to the pipe relining, the project includes
rehabilitating 24 sewer manholes with cleaning,
grouting, and epoxy coating to protect against
corrosion.
Project Reference:
Han Sol Yoo, PE, Civil Engineer
[email protected] | (714) 890-4204
Project Team
Project Manager: Cesar Ortiz, PE, TE, QSD
[email protected] | (909) 594-9702
Assistant Engineer: Diego Diego E.I.T.
Quality Control: Cody Howing. P .E.
Construction Cost: $460,000
CITY OF COLTON: Professional Engineering and Design Services for the Valley Sewer Mainline Replacement Project
FIRM QUALIFICATIONS AND REFERENCES
5 Client References
The following client references demonstrate RKA’s experience providing design services similar to the City of Colton's Valley Sewer Mainline Replacement Project.
• Artesia
• Baldwin Park
• Beverly Hills
• Bradbury
• Buena Park
• Carson
• Cathedral City
• Chino
• Chino Hills
• Claremont
• Coachella
• Covina
• Corona
• Desert Hot Springs
• Diamond Bar
• Downey
• Duarte
• Fontana
• El Centro
• Glendora
• Jurupa Valley
• La Verne
• Lawndale
• Manhattan Beach
• Monrovia
• Montebello
• Monterey Park
• Moreno Valley
• Norwalk
• Palm Springs
• Pasadena
• Pico Rivera
• Pomona
• Rosemead
• San Dimas
• San Gabriel
• San Jacinto
• San Marino
• Sierra Madre
• Signal Hill
• South Gate
• Stanton
• Torrance
• Walnut
City Services Provided Contact Information
City of Walnut
1981- Current
(44 Years)
City Engineering
Full-Service Municipal
Engineering
Melissa Barcelo, Director of Public Works
[email protected] | (909)595-5605
21201 La Puente Road, Walnut, CA 91789
City of La Verne
1988-Current
(37 Years)
City Engineering
Full-Service Municipal
Engineering
Danny Wu, Director of Public Works
[email protected] | (909) 596-8726
3660 “D” Street, La Verne, CA 91750
City of Duarte
1999-Current
(26 Years)
City Engineering
Full-Service Municipal
Engineering
Stephanie Sandoval, Public Works Manager
[email protected] | (626) 357-7931
1600 Huntington Drive, Duarte, CA 91010
City of San Dimas
2006-Current
(23 Years)
City Engineering
Full-Service Municipal
Engineering
Shari Garwick, Public Works Director
[email protected] | (909)394-6260
245 East Bonita Avenue, San Dimas, CA 91773
City of Norco
2004-Current
(21 Years)
City Engineering
Full-Service Municipal
Engineering
Sam Nelson, Public Works Director
[email protected] | (951) 270-5607
2870 Clark Avenue, Norco, CA 92860
City of Covina
2015-Current
(10 Years)
City Engineering
Full-Service Municipal
Engineering
Rafael Fajardo, City Engineer/Public Works Director
[email protected] | (626) 384-5400
125 E. College Street, Covina, CA 91723
City of Stanton
2025-Current
(1 Year)
Design Engineering Han Sol Yoo, Principal Engineer
[email protected] | (714) 890-4204
7800 Katella Ave, Stanton, CA 90680
Experience Across Southern California
Over the years, RKA has successfully provided municipal consulting services to the following local agencies:
CITY OF COLTON: Professional Engineering and Design Services for the Valley Sewer Mainline Replacement Project
PROJECT
UNDERSTANDING AND
APPROACH
SECTION
3 City of Colton | Professional Engineering and
Design Services for the Valley Sewer Mainline
Replacement Project
CITY OF COLTON: Professional Engineering and Design Services for the Valley Sewer Mainline Replacement Project
PROJECT UNDERSTANDING AND APPROACH
6 Project Understanding
RKA understands that the City of Colton intends to replace approximately 504 linear feet of deteriorated 15-inch
vitrified clay pipe (VCP) sanitary sewer main located within the alley north of Valley Boulevard between 11th Street and 12th Street. The primary objective of the project is to restore the long-term reliability of this critical sewer segment by replacing the aging main, addressing the
previously identified collapsed section, and minimizing future maintenance needs while maintaining uninterrupted service to the surrounding area.
A key element of this project is accurately documenting existing conditions prior to design. Because two parallel sewer mains exist within the project limits, with most
known service laterals believed to connect to the existing 8-inch sewer main, verifying existing field conditions
will be essential. RKA understands the importance of
performing comprehensive CCTV inspections of both
sewer mains to confirm the location of all service laterals, identify any undocumented connections, and verify
the extent of the collapsed 15-inch sewer segment.
These findings will establish the basis for a reliable and constructible design.
Successful project delivery will also depend on obtaining accurate survey information, confirming the location
of existing underground utilities through potholing, and coordinating with utility owners early in the design process to minimize potential conflicts during construction. RKA recognizes that early utility coordination and thorough field investigation will reduce design revisions, improve bid quality, and help avoid costly construction delays.
The proposed design will include complete replacement
of the existing 15-inch sewer main, connections to
the existing upstream and downstream manholes,
reconnection of any affected sewer appurtenances,
and full restoration of all disturbed pavement and
surface improvements in accordance with City of Colton
Standards. The project will be designed to remain within existing City public right-of-way while providing a practical, maintainable, and cost-effective solution.
RKA understands the City's expectation for a collaborative design process, including multiple design review
milestones, preparation of complete plans, specifications, and cost estimates, and continued engineering support
during bidding and construction through responses
to Requests for Information (RFIs) and design
clarifications. Our team is committed to maintaining clear communication with City staff throughout the project
to deliver a high-quality design that supports a smooth bidding process and successful construction.
Project Approach
In this section, we outline our approach to successfully completing the project in accordance with the City’s
requirements, industry best practices, and applicable
standards. Our approach emphasizes a structured,
methodical, and phased execution, with a strong focus on delivering high-quality results within the specified timeline and budget.
Typically, there are two options for constructing the new 15-inch sewer pipe.
1. Option 1 - Excavate and remove the existing 15-inch
sewer pipe and install the new 15-inch pipe within
the same open trench. This option makes it unlikely
to encounter conflicts with utilities that can affect
the project costs and schedule. However, this will not
allow the Contractor to leak test the new pipe since
it will be placed in service as soon as it is installed.
A post-installation CCTV video inspection can be
completed as an alternative.
2. Option 2 - Excavate a trench 5 feet offset of the
existing alignment and construct the new 15-inch
sewer pipe while maintaining the existing 15-inch pipe
in service. This option would eliminate the need for
sewage bypass. However, this option exposes us to
potential utility conflicts. This option will potentially increase the construction costs since two separate
trenches would need to be excavated.
Due to the limited amount of space within the alley and the amount of utilities already present, RKA recommends option 1, replacing the existing sewer pipe within the same trench with the use of sewage bypass for maintaining
continuous flow during construction activities. The bypass method will depend on flow conditions:
• For low flow conditions: The Contractor may
use a flexible bypass hose connected from the
upstream pipe to the downstream pipe, dragging
the hose along the open trench as the installation
progresses.
• For high flow conditions: The Contractor may
install a submersible pump at the upstream
manhole with a temporary discharge hose routed
to the downstream pipe opening.
As part of the design process, we will also evaluate the condition of the existing manholes within the project
limits to determine whether any rehabilitation should
be incorporated into the project. Working closely with
the City's Wastewater Department, RKA will inspect
the existing manholes and assess their structural
and operational condition. Based on the findings, we
will develop recommendations for any appropriate
rehabilitation measures, which may include mortar
resurfacing to restore deteriorated surfaces and fill
voids, application of a protective epoxy lining system
to improve resistance to corrosion, infiltration, and
abrasion, and reconstruction of the manhole base
where warranted.
CITY OF COLTON: Professional Engineering and Design Services for the Valley Sewer Mainline Replacement Project
SCOPE OF WORK
PROGRAM
SECTION
4 City of Colton | Professional Engineering and
Design Services for the Valley Sewer Mainline
Replacement Project
CITY OF COLTON: Professional Engineering and Design Services for the Valley Sewer Mainline Replacement Project
SCOPE OF WORK PROGRAM
7 Engineering Design Services
Task 1 — Project Management and Coordination
RKA will provide overall project management and
coordination throughout the duration of the project
to ensure the work is completed on schedule, within
budget, and in accordance with the City's objectives.
Our Project Manager will serve as the City's primary
point of contact and will oversee project planning,
internal quality control, coordination among team
members and subconsultants, and communication
with City staff.
Project management services will include scheduling
and monitoring project progress, preparing meeting
agendas and summaries, managing project
deliverables, and coordinating with the City throughout each phase of the design. RKA will conduct a kickoff
meeting at the start of the project to confirm project
objectives, scope, schedule, and communication
protocols.
RKA has incorporated the City's anticipated design
review process into our approach and will prepare and
submit design documents at the following milestones:
• Concept Review Submittal and subsequent
review meeting.
• 50% Design Submittal (including pothole plan
and preliminary plans) and subsequent review
meeting.
• 100% PS&E Submittal consisting of final plans,
specifications, and engineer's estimate, followed
by a final review meeting.
Following each review, RKA will address City
comments, coordinate any necessary revisions, and
incorporate approved changes into the subsequent
submittal. Throughout the project, we will maintain
open communication with City staff to facilitate timely decision-making and keep the project progressing
efficiently.
Task 2 – Utility Coordination & Potholing
Within one (1) business day of receiving the notice
to proceed, RKA will initiate the utility coordination
aspect of the design phase. Project notice letters
describing the project limits and approximate schedule
will be developed and sent out to all identified facility owners within the project limits. These letters will
serve as the initial contact with the utility owners
and will request as-builts for underground facilities,
coordinate any planned upgrades, and also serve as
a notice for the pending pavement cut moratorium.
RKA has had success with distributing these letters
via email as a strategy to expedite response from the
service planners. All responses will be tracked on
a project log and additional phone calls, letters or
emails will be sent to ensure full response is achieved by the facility owners in the area.
As part of RKA’s quality assurance process,
information obtained during this task will be verified in the field to aid in confirming accuracy of depiction on the plans. All correspondence related to this item will be maintained in a utility coordination file. The project manager will conduct a review of the responses and
identified owners to verify all details are captured and responses are complete. Once completed at the 90%
level, a final submittal of the plans will be provided to each facility owner for review and confirmation. Any
anticipated impacts raised by the utility owners will
be coordinated accordingly to mitigate the issues of
concern in the 100% construction document package.
RKA will partner with Kana Subsurface Engineering
(KSE) to pothole up to six (6) locations along the
proposed sewer main to determine the horizontal and
vertical location of the utility to minimize potential
conflicts during construction. The potholing cost
includes USA DigAlert coordination and mark out,
mobilization, potholing existing utilities, and backfill with temporary asphalt pavement restoration.
Task 3 — Records Research, Field Investigation &
CCTV Inspection
RKA will work with the City to review as-builts of
existing facilities, bench marks and center line
ties. Information obtained from this research will
be reflected cross referenced with the project
topographical survey and used to confirm details of
the field observations.
RKA will conduct a thorough field assessment to
identify existing site conditions and compare it to the available as-builts and City/County records. The field review will consist of observing the surrounding area
with all aspects of the project limits to determine
constructability of the sewer improvements. As part
of the design quality assurance process, a field walk
of the project site will be completed at the start of
design and prior to submittal of the 100% construction
documents. This step will ensure that complete and
accurate information of the existing conditions is
integrated into the project design documents.
RKA will partner with TunnelWorks Services Inc. to
perform cleaning of the pipes, debris removal and
closed-circuit television (CCTV) inspections of both
the existing 8-inch and 15-inch sanitary sewer mains
within the project limits. The CCTV inspection will be
CITY OF COLTON: Professional Engineering and Design Services for the Valley Sewer Mainline Replacement Project
SCOPE OF WORK PROGRAM
8 used to verify existing field conditions, identify and locate all existing sewer service laterals, document
any undocumented connections, and evaluate the
condition of the existing sewer mains.
Particular attention will be given to the existing 15-
inch VCP sewer main to verify the location and extent
of the previously identified collapsed section. The
inspection results will be reviewed by the design team
and incorporated into the project design to ensure
all existing connections are properly addressed
and the proposed improvements reflect actual field
conditions.
The CCTV findings will serve as a critical component of the design process by reducing uncertainty, minimizing
potential conflicts during construction, and supporting the preparation of accurate and constructible plans.
Task 4 —Topographic Survey
As a basis for the project design, RKA will partner with Kelsoe and Associates to develop a topographical
survey of the existing field conditions. The
topographical survey will extend for the entirety
of public right-of-way for the alley segment north
of Valley Boulevard between 11th Street and 12th
Street. The survey will include cross sections spaced
at 25-foot intervals, and capture overhead utilities,
utility covers, flow line, top of curb, sidewalk, trees, curb ramps along with other similar existing features
of the street segments. At intersections, the survey
will include the intersection and will extend at least
10 feet beyond curb returns. Furthermore, Kelsoe
and Associates will also dip manhole locations to
determine the existing elevations of the sewer pipes
within the project location.
The survey work associated with this project will also
include the identification of survey monuments, if any, that will be impacted by the road rehabilitation work.
Task 5 —Plans, Specifications, and Cost Estimate
Construction Plans, Specifications, and Estimate
(PS&E)
RKA will initiate the preliminary design process once
the topographic survey is obtained. Details from the
utility as-builts and field notes will be integrated into the base files. RKA will submit Plans, Specification,
and Estimate at the 30% (Concept), 50% and 100%
milestones. At the 50% submittal, sewer improvement
plans and profiles will be prepared to show existing
utilities, sewer main alignment, sewer house laterals,
and manholes. The proposed sewer will be re-
connected to the City’s existing sewer infrastructure;
details of the connection will be noted on the plans.
Service house laterals are assumed to be reconnected
to the proposed sewer main.
Plan Sheets to be included:
1. Title sheet and general notes
2. Typical sections and construction details
3. Sewer Improvement plan and profiles
RKA will develop a preliminary engineers estimate of
probable construction costs at the conceptual stage
and update it with each progress milestone submittal
(35%, 50%, and 100%) as details are honed on the
project. The project budget will be closely considered during the design process to ensure progress in the
plans and specifications is in line with feasibility
to construct the improvements. RKA will focus on
critical features of the project to ensure those goals
are met as a priority of the project. All cost saving
measures will be considered where feasible to assist
in maximizing the project improvements.
RKA will take the City’s boilerplate specification
and incorporate a technical specifications sections
matching the City’s typical format for capital
improvement projects utilizing the City of Colton
Standards, Standard Specifications for Public Works
Construction (Greenbook), and related applicable
references. RKA will review the document and update
any other project specific references within the
complete project specifications.
RKA will implement comments from the 30% &
50% review submittals to develop a 100% plans,
specifications and estimate package. At this time
RKA will also coordinate final utility coordination
and any other coordination required to allow for
smooth progression into the construction phase.
Final project details will be addressed with this
submittal milestone. Upon finalizing the construction
documents, RKA will produce the Bid Set plans and
specifications and complete a final quality assurance
review of all associated documents.
The project cost estimate will be developed in
Microsoft Excel, and will breakdown the estimated
items by typical construction contract units of
measurement. The cost of the quantified work will be
determined through use of recent bid data. RKA will
use internal cost data in addition to the City of Colton’s cost data, if available. Adjustments to the rates for
this proposed project with respect to the scale and
complexity of the reference projects will be considered to tailor the estimate to the project specific conditions.
Both the quantity estimation stage and unit price
estimating stages of this task will undergo quality
CITY OF COLTON: Professional Engineering and Design Services for the Valley Sewer Mainline Replacement Project
SCOPE OF WORK PROGRAM
9 control review prior to finalizing for each completion submittal level.
Task 6 — Bidding and Construction Support
RKA will provide engineering support during the
bidding phase to assist the City in successfully
advertising and awarding the project. Services will
include attending the pre-bid meeting, responding
to Requests for Information (RFIs), preparing written
clarifications and addenda as required, and assisting
the City in addressing technical questions from
prospective bidders. RKA will also be available to
review bids and provide technical assistance during
the bid evaluation process, if requested by the City.
During construction, RKA will provide engineering
support services to assist the City and Contractor with interpretation of the contract documents. Services will include responding to RFIs, providing clarification of
design intent, reviewing contractor submittals related
to the design, evaluating proposed substitutions
or deviations from the contract documents, and
preparing design revisions when warranted. If
unforeseen field conditions are encountered during
construction, RKA will work collaboratively with the
City to evaluate the conditions and develop practical
engineering solutions. RKA will also develop the as-
builts post-construction using redlines provided by the contractor.
Construction support services are limited to
engineering consultation and design support.
Construction management, resident engineering,
inspection services, materials testing are excluded
from this scope unless authorized by the City as
additional services.
CITY OF COLTON: Professional Engineering and Design Services for the Valley Sewer Mainline Replacement Project
TEAM ORGANIZATION
AND QUALIFICATIONS
SECTION
5 City of Colton | Professional Engineering and
Design Services for the Valley Sewer Mainline
Replacement Project
CITY OF COLTON: Professional Engineering and Design Services for the Valley Sewer Mainline Replacement Project
TEAM ORGANIZATION AND QUALIFICATIONS
Proposed Team
RKA's proposed project team is organized to provide the City of Colton with responsive project management, field investigation, utility coordination, and complete engineering design services for the Valley Sewer Mainline Replacement Project. Our team has extensive experience delivering sewer rehabilitation and replacement projects from initial field verification through final Plans, Specifications, and Estimates (PS&E).
Cesar Ortiz, P .E., T.E., QSD, will serve as Project Manager and the City's primary point of contact. Cesar will oversee all aspects of project delivery, including project management, coordination with City staff and subconsultants, schedule management, utility coordination, design oversight, and quality assurance. He will lead project meetings, manage the City's review process, and ensure the project remains on schedule while delivering a complete, bid-ready PS&E package.
Supporting Cesar, Cody Howing, P .E., QSD, will serve as Principal-in-Charge, providing executive oversight and independent quality control throughout the project. RKA's engineering team will perform the field investigations, prepare plan and profile sheets, develop construction details, coordinate utility conflicts, and prepare the engineer's estimate, specifications, and bid documents. Our survey and utility subconsultants will provide aerial topographic surveying, CCTV investigation support, and utility potholing to verify existing conditions prior to final design.
Following completion of the design, RKA will continue to support the City during bidding and construction by attending the pre-bid meeting, responding to Requests for Information (RFIs), preparing technical clarifications or addenda as needed, and providing engineering support throughout construction.
Our team is structured to provide responsive communication, practical engineering solutions, and quality deliverables from project kickoff through construction support. Resumes of key personnel are included in this proposal. Additional resumes are available upon request.
CITY OF COLTON
PROJECT MANAGER &
PRIMARY CONTACT
Cesar Ortiz, PE, TE, QSD
DESIGN TEAM
Diego Diego, EIT
Javier Valle Avila, EIT
QUALITY CONTROL/
ASSURANCE
Cody Howing, PE, QSD
SUBCONSULTANT
Kelsoe and Associates
Kana Surface Engineering
Tunnelworks Services Inc.
10 The following table identifies the anticipated time commitment of key staff assigned to the project. Actual staff involvement may vary by phase based on the City’s needs, subconsultant availability and utility agency responsiveness; however, RKA confirms that the team shown below has the availability and capacity to support the City through the design phase.
Key Staff Roles Anticipated
Commitment
Cesar Ortiz, P .E., T.E., QSD Project Manager / Primary Contact 75% Cody Howing, P .E., QSD Authorized Signatory / Principal Oversight / Constructability Lead 5%
Javier Valle Avila, E.I.T. Assistant Engineer / Design Support 75% Diego Diego, E.I.T. Assistant Engineer / Design Support 25%
CITY OF COLTON: Professional Engineering and Design Services for the Valley Sewer Mainline Replacement Project
TEAM ORGANIZATION AND QUALIFICATIONS
Project Team
Our project team is composed of professionals who
bring decades of municipal engineering experience,
many whom have spent the majority of their careers
with the firm. Uniquely, this team includes one of the
firm's owners, ensuring the City benefits from both
senior-level technical expertise and leadership-level
accountability. This continuity and direct involvement
from ownership provide the City with a team that
is both highly qualified and deeply invested in the
success of each task order. Together, we currently
provide city engineering services for: Baldwin Park
Covina, Duarte, La Verne, Norco, San Dimas, and
Walnut.
Key Personnel
Cody Howing, PE
Owner, Principal-in- Charge
As one of the owners, Cody will provide executive-level oversight to help ensure all deliverables align with the City of Colton’s construction schedule, and budget
goals. With over 18 years of experience delivering a
diverse range of civil engineering projects, including
roadway rehabilitation, median improvements, and
corridor improvement projects for Southern California
municipalities, Cody provides experienced leadership
and steady guidance throughout project delivery. As
Principal-in-Charge, he will provide strategic oversight and senior-level support to the team throughout the
project lifecycle. He will also review major milestones through RKA’s internal QA/QC process to help ensure
construction documentation, issue resolution, and
closeout support are accurate, timely, and aligned with City expectations.
Cesar Ortiz, PE, TE
Director of Engineering (Point of Contact)
Cesar Ortiz, P .E., T.E., brings over 11 years of civil engineering experience with a strong emphasis
on municipal engineering, traffic engineering, and
Capital Improvement Program delivery. He has
led a broad range of roadway and transportation
improvement projects, including pavement
rehabilitation, signing and striping improvements, ADA
upgrades, intersection enhancements, traffic signal
improvements, and traffic control design, along with
work involving storm drain systems, water and sewer
infrastructure, and grading design. Cesar’s background
includes both consultant and public agency
experience, giving him a practical understanding of
how projects move through City review, coordination,
and implementation. He previously served as Principal
Engineer for the City of Buena Park and currently
serves as Deputy City Engineer for the City of Baldwin
Park, where he supports land development review,
grading permits, subdivision coordination, and broader
City engineering services. He also serves on the City of Walnut Traffic Safety Committee, further strengthening
his direct involvement in municipal traffic and
safety matters. Cesar’s combination of P .E. and T.E.
qualifications, municipal leadership experience, and
hands-on project delivery makes him a strong fit to
lead RKA’s team for the proposed services.
Javier Valle Avila, EIT
Assistant Engineer
Javier brings over 3 years of civil engineering
experience supporting the planning and design of
municipal infrastructure projects, including sewer,
water, roadway, and storm drain improvements.
As Design Support, he assists with the preparation
of plans, specifications, and estimates (PS&E),
develops construction drawings in AutoCAD, performs
field investigations, reviews record drawings, and
coordinates with utility providers and public agencies.
His experience in utility coordination, design
development, and construction document preparation
enables him to support the delivery of accurate,
coordinated, and constructible engineering plans.
Diego Diego, EIT
Assistant Engineer
Diego Diego, EIT has 4 years of experience in civil
engineering, actively supporting design efforts on a
variety of infrastructure projects, including roadway
improvements, street widening, water pipeline
upgrades, and traffic signal installations. He brings
advanced proficiency in AutoCAD, consistently
producing high-quality design plans, specifications,
and cost estimates. Diego's collaborative approach
allows him to work effectively with stakeholders, utility providers such as Southern California Edison, and the
internal management team to support redline reviews
and coordinate utility and agency requirements.
In the field, he conducts thorough investigations
and supports permitting efforts, including Caltrans
encroachment permits. His work is guided by a
proactive, solutions-focused mindset that emphasizes
cost-effective delivery and technical excellence.
11
CITY OF COLTON: Professional Engineering and Design Services for the Valley Sewer Mainline Replacement Project
TEAM ORGANIZATION AND QUALIFICATIONS
Cody Howing, P .E., QSD
Vice President and Principal-in-Charge
Professional Summary
Cody Howing, P .E., QSD, is a licensed civil engineer with over 18 years of experience in municipal engineering, Capital Improvement Program (CIP) management, NPDES compliance and storm-water management. As Vice President and Principal at RKA Consulting Group, Cody manages the team, advises on project strategies, and provides guidance to ensure the successful delivery of all projects. Cody currently holds leadership roles as City Engineer for the cities of Duarte and La Verne, managing capital budgets, infrastructure design, construction, assessment districts and development reviews. Additionally, his expertise includes roadway improvements, traffic signal design, grading, and land development. Cody brings an extensive background in federal and state funding compliance, effectively managing project scopes to meet regulatory requirements.
Cody is a trusted partner and experienced resource for developing and implementing infrastructure solutions to support city goals, support community expectations and adhere to all regulatory standards.
Experience
• City Engineer, Cities of Duarte and La Verne: Responsible for managing the City’s Capital Improvement Program (CIP), including infrastructure planning, budgeting, design oversight, project implementation, and coordination with City staff, developers, agencies, and stakeholders. As City Engineer for La Verne and Duarte, Cody oversees the delivery of federally and state-funded capital projects, ensuring compliance with funding requirements while coordinating project scope, documentation, public works implementation, and communication with City staff, elected officials, and the public. He serves as a technical advisor to city leadership, attends council and public meetings, reviews plans for municipal compliance, and takes a proactive approach to resolving project issues and responding to resident concerns. • Garfield Avenue Water and Street Improvement Project, City of South Pasadena: Responsible for construction management and public works inspection for water main replacement, pavement resurfacing, and ADA curb ramp upgrades. Implemented fusible PVC pip slip-lining into riveted steel pipes and restored curb, gutter, and sidewalks impacted by tree root systems. Worked collaboratively to support the city in enhancing streets and improving sidewalk safety, benefiting the community. • Mt. Olive Sewer Extension Project, City of Bradbury: Served as Project Manager for the design and construction management of a sewer extension serving eleven residential properties. Oversaw PS&E development, utility and agency coordination, and construction support for approximately 1,600 linear feet of HDPE sewer main, five manholes, and associated sewer improvements. Successfully guided the project through challenging topographic conditions and easement coordination. • Winston Avenue Sewer Improvement Project, City of Bradbury: As Project Manager, led the successful and execution of a sewer infrastructure project involving the installation of 915 feet of 8 inch VCP sewer line and 8 sewer manholes. This project extended the sewer line to four parcels on Lemon Avenue and seven parcels on Winston Avenue, enhancing utility access and supporting future development. Supervised all phases of the project, including design development, plans, specifications, and cost estimates.
Qualifications
18 +
Years of Experience
18+ Years at RKA
B.S.C.E. California State Polytechnic University, Pomona , CA REA - Caltrans Resident Engineer Academy Cert. of Completion P .E. - Registered Civil Engineer, CA RCE 86054
QSD - Qualified SWPPP Developer, CA C86054
Specialized Disciplines: Roadway Improvements, Right-of-Way Engineering, ADA Compliance, Infrastructure Design, Federal and State Funding Compliance, NPDES Compliance & Storm-water Management, Grading and Drainage System Design, Right-of-Way Engineering, City Engineering, Capital Improvement Program Management, Construction Management, Quality Control, Assessment Districts Engineering
12
CITY OF COLTON: Professional Engineering and Design Services for the Valley Sewer Mainline Replacement Project
TEAM ORGANIZATION AND QUALIFICATIONS
13 Cesar Ortiz, P .E., T.E.
Director of Engineering
Professional Summary
Cesar Ortiz, P .E., T.E., has over 11 years of experience in civil engineering, managing public infrastructure design projects throughout Southern California. As Director of Engineering at RKA, he has led a wide range of roadway improvement efforts, including pavement rehabilitation, signing and striping improvements, ADA compliance upgrades, and intersection enhancements. Cesar's expertise spans to storm drain systems, water and sewer infrastructure, grading design, and traffic signal enhancements including traffic control design.
Previously, as Principal Engineer for the City of Buena Park, Cesar managed the City's Capital Improvement Program (CIP). Currently, Cesar serves as the Deputy City Engineer for the City of Baldwin Park, with primary focus on land development and City engineering services. Serving as a key resource for quality assurance and control, Cesar provides technical advisement and strategic direction to address project challenges, implement best practices and guide subconsultants, with a focus on aligning outcomes with the City's goals and ensuring project success.
Experience
• 4th Street Sewer Upsizing Project, City of Buena Park: Project Manager for the design of approximately 1,200 linear feet of sewer main replacement, upsizing an existing 6-inch vitrified clay pipe to a new 8-inch sewer main to improve system capacity and reliability. The project included rehabilitation of existing manholes, reconnection of service laterals, trench backfill, pavement restoration, and utility coordination within a constrained corridor containing existing water and storm drain facilities. Cesar managed project planning, client coordination, technical oversight, QA/QC, and phased PS&E development through final design. The project had an estimated construction cost of approximately $878,000. • FY 2024/25 Sewer Rehabilitation Project, City of Stanton: Project Manager for the City's annual sewer rehabilitation program involving the repair and rehabilitation of 12 deteriorated sewer pipeline segments using UV cured-in-place pipe (UV CIPP) lining technology. The project also included rehabilitation of 24 sewer manholes through cleaning, grouting, and epoxy protective coating to extend service life and improve system reliability. Cesar directed project planning, design development, utility coordination, PS&E preparation, and quality assurance from preliminary engineering through final construction documents. The project had an estimated construction cost of approximately $460,000. • Mt. Olive Sewer Extension Project, City of Bradbury: Assistant Engineer for the design and construction management of a sewer extension serving eleven residential properties on Mount Olive Lane and Drive. Prepared PS&E and supported construction administration. The project included installation of approximately 1,600 linear feet of HDPE sewer main (1,415 LF of 8-inch and 186 LF of 6-inch pipe), five new sewer manholes, service connections, and pavement restoration. Due to challenging topography, existing pools, and rear-yard access constraints, the sewer alignment was routed through the Royal Oaks Elementary School property, requiring coordination with the Duarte Unified School District to secure a permanent sewer easement. Assisted with resolving utility conflicts and delivering a cost-effective design that expanded public sewer service while minimizing impacts to surrounding properties.
Qualifications
11 +
Years of Experience
7+ Years at RKA
B.S.C.E. California State Polytechnic University, Pomona , CA P .E. - Registered Civil Engineer, CA -RCE 92742
T.E. - Traffic Engineer, CA, TE- 3131
QSD - Qualified SWPPP Developer, CA C92742
Certifications: Water Treatment Operator (T2 45748), Water Distribution Operator (D3 56149); Certified Public Works Professional - Supervision (CPWP-S) Specialized Disciplines: Active Transportation Design, ADA Compliance, City Engineering, Land Development, Traffic Engineering, Construction Management, Quality Control
CITY OF COLTON: Professional Engineering and Design Services for the Valley Sewer Mainline Replacement Project
TEAM ORGANIZATION AND QUALIFICATIONS
Javier Avila Valle, EIT
Assistant Engineer
Javier Valle Avila, E.I.T. has over 3 years of experience supporting the planning and design of municipal infrastructure projects with an emphasis on sewer, water, and storm drain improvements. He prepares engineering drawings, develops plans, specifications, and estimates (PS&E), performs field investigations, and assists with utility coordination and design development. Working alongside project managers and agency staff, Javier helps produce high-quality construction documents that support efficient project delivery.
B.S.C.E. California State Polytechnic University, Pomona , CA Certification E.I.T. - Engineer-in-Training, 180649
Experience
• Via Irana & Via Kannela Sewer Improvements, City of Stanton: Prepared plans, specifications, and estimates (PS&E) for a sewer improvement project involving approximately 1,600 linear feet of new 8-inch SDR-35 sewer main, sewer manhole replacement, service lateral reconnections, sewer bypass pumping, CCTV inspection, and pavement restoration. Assisted with design development, quantity calculations, cost estimating, and preparation of construction documents.
• Walnut Ranch Park Storm Drain Improvements, City of Walnut: Assisted with the design and preparation of PS&E for a municipal storm drain improvement project that included new HDPE storm drain installation, catch basins, concrete improvements, and associated drainage infrastructure. Supported utility coordination, field verification, and preparation of construction documents through design completion. • Sewer Relief Line Project, City of Covina: Assisted in preparing plans, specifications, and estimates (PS&E) for the replacement of an undersized 8-inch sewer with a new 10-inch sewer main. Supported design development for sewer main replacement, manhole reconstruction, sewer lateral improvements, and utility coordination while assisting with preparation of construction documents and project deliverables 14 Diego Diego, EIT
Assistant Engineer
Diego Diego, E.I.T. has over 4 years of experience supporting the design of municipal infrastructure projects, with an emphasis on water, sewer, and underground utility improvements. He prepares plans, specifications, and estimates (PS&E), develops construction drawings in AutoCAD, performs field investigations, reviews record drawings, and coordinates with utility owners and public agencies to support project delivery. Diego works closely with project managers and agency staff to resolve utility conflicts, incorporate review comments, and produce accurate construction documents.
B.S.C.E. California State Polytechnic University, Pomona , CA Certification E.I.T. - Engineer-in-Training, 180649
Experience
• Covina Heights Water Line Improvement, City of Covina: Prepared plans, specifications, and estimates (PS&E) for a municipal water pipeline improvement project. Assisted with field investigations, review of existing record drawings, utility research and coordination, utility relocation efforts, and preparation of construction documents. Worked closely with City staff and utility agencies to resolve conflicts and support timely project delivery.
• 4th Street Sewer Upsizing Project, City of Buena Park: Supported the preparation of plans, specifications, and estimates (PS&E) for approximately 1,200 linear feet of sewer main upsizing, including replacement of existing vitrified clay pipe, rehabilitation of manholes, service lateral reconnections, trench backfill, and pavement restoration. Assisted with utility coordination, review of existing conditions, preparation of construction plans, and design development through phased PS&E submittals. • Fiscal Year 2024/25 Sewer Rehabilitation Project, City of Stanton: Assisted with the design and preparation of construction documents for a citywide sewer rehabilitation program involving trenchless cured-in-place pipe (UV CIPP) lining and rehabilitation of sewer manholes. Supported development of project plans, quantity calculations, cost estimates, and coordination of existing utility information. • Trotter Trail, City of Norco: Prepared plans, specifications, and estimates (PS&E) for roadway improvements while coordinating utility conflicts, incorporating City review comments, and assisting with construction document development.
CITY OF COLTON: Professional Engineering and Design Services for the Valley Sewer Mainline Replacement Project
TEAM ORGANIZATION AND QUALIFICATIONS
Subconsultants
We partner closely with the following trusted subconsultants to support specialty services required for project specific needs. Subconsultants listed below may support Civil Engineering Design assignments when specialty services are required and authorized by the City through a task order. RKA is not proposing these firms as standalone service providers for separate Public Works/Engineering categories outside of Engineering Plan Check and Civil Engineering Design Services.
Kana Subsurface Engineering (KSE) Contact Information: Malouamaua Tauaese, Project Manager Potholing Services (909) 204-5987 | [email protected] KSE is a provider of Subsurface Utility Engineering, utility potholing, vacuum excavation, and underground utility locating services throughout Southern California. With over 20 years of industry experience, KSE supports public agency infrastructure projects by providing subsurface utility information that reduces design uncertainty, minimizes utility conflicts, and helps avoid costly construction delays.
Services include: Subsurface Utility Engineering (SUE), utility potholing, vacuum excavation, underground utility locating, utility verification, conflict identification, field coordination, and as-built documentation Malouamaua Tauaese Jr., Project Manager: Over 20 years of construction and project management experience with extensive expertise in estimating, field coordination, operational oversight, utility potholing, and project execution. Malouamaua has successfully managed projects from bid through completion while coordinating field personnel, equipment, scheduling, and client communication.
Kelsoe & Associates Contact Information: Robert Kelsoe, President Land Survey Subconsultant (951) 736-0755 | [email protected] Kelsoe & Associates., is a full-service land surveying firm serving private and public sector clients throughout the Western United States with licenses in California, Nevada, and Utah. Founded in 1994, their team provides comprehensive surveying services with approximately 25 professionals and 8 survey crews dedicated to meet the needs of clients.
Services include: Boundary surveys, topographic surveys, as-built surveys, construction staking/layout, research and analysis, construction planning, preparing maps, aerial topographic surveys Robert Kelsoe, PLS, President: 30+ years of land surveying experience including substantial experience with public agency surveys. A trusted partner to RKA, consistently providing priority response and attentive management of project deliverables.
15 Tunnelworks Services, Inc. Contact Information: Jeffrey Rubio, Vice President CCTV Inspection & Trenchless Pipeline Rehabilitation (562) 553-2734 | [email protected] Tunnelworks Services, Inc. is a California-based specialty contractor providing CCTV inspection, sewer and storm drain cleaning, trenchless pipeline rehabilitation, and utility maintenance services for public agencies throughout California. Founded in 2009, the firm specializes in NASSCO/PACP-certified pipeline inspection, hydro jetting, UV sectional repairs, CIPP lining, and trenchless rehabilitation solutions that help agencies assess existing conditions, extend pipeline life, and minimize construction impacts.
Services include: CCTV inspection (NASSCO/PACP), sewer and storm drain cleaning, hydro jetting, vacuum truck services, lateral locating, UV sectional repairs, CIPP lining, bypass pumping, potholing, and flow monitoring
Jeffrey Rubio, Vice President: Over 30 years of trenchless pipeline rehabilitation experience overseeing project management, estimating, and operations. Jeff leads delivery of municipal CCTV inspection, cleaning, and trenchless rehabilitation projects, supported by a team of NASSCO/PACP-certified technicians with confined space and safety certifications who have successfully completed projects for agencies throughout California, Nevada, and Hawaii.
CITY OF COLTON: Professional Engineering and Design Services for the Valley Sewer Mainline Replacement Project
PROJECT SCHEDULE
SECTION
6 City of Colton | Professional Engineering and
Design Services for the Valley Sewer Mainline
Replacement Project
CITY OF COLTON: Professional Engineering and Design Services for the Valley Sewer Mainline Replacement Project
PROJECT SCHEDULE
16
(BB&K 2018)
23152.06000\30453088.2 Exhibit “B”-2
EXHIBIT "B"
SCHEDULE OF SERVICES
The term of this Agreement shall be from September 21, 2026 through June 30, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. If the City chooses to extend the Agreement City will provide written notice to Contractor thirty (30) day prior the end of the Agreement term.
(BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1
EXHIBIT "C"
COMPENSATION
Not to Exceed Amount of Sixty-Two Thousand Four Hundred Ninety and No Cents ($62,490.00).
Item: 7.
Staff Report
Meeting Date: September 1, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Stacey Dabbs, Finance Director
Item Name: Contract Award - Award the City's ERP Implementation Project to Tyler Technologies and Implementation Project Management Oversight to ClientFirst Technology Consulting.
Recommended Action:
Staff recommends that City Council:
1. Award the Enterprise Resource Planning (ERP) software and implementation project to Tyler Technologies, Inc., in accordance with Colton Municipal Code Section 3.08.110, Non-Public Projects – Formal Bidding Procedure, for:
o $901,557 in estimated one-time implementation costs for Phases 1 through 4; and o $370,491 in annual subscription, maintenance, and related recurring costs upon implementation of all approved phases, subject to the timing of individual phase implementation.
2. Authorize the City Manager to execute the Software as a Service Agreement and related documents with Tyler Technologies, Inc., in a form approved by the City Attorney, including implementation of Phases 1 through 4 and the associated modules and services identified in the project budget.
3. Authorize payment of the annual SaaS subscription, maintenance, and other recurring fees for the continued life of the ERP software solution, including contractually authorized annual price adjustments, escalators, including contractually authorized price adjustments and renewal pricing, and renewal terms, without further City Council approval, provided the expenditures are included within the applicable fiscal year adopted budget.
4. Approve an exception to competitive bidding pursuant to Colton Municipal Code Section
3.08.140(P) and award a contract to ClientFirst Technology Consulting ("ClientFirst") for ERP Implementation Project Management Oversight services in an amount not to exceed $132,600.
5. Authorize the City Manager to execute the agreement with ClientFirst Technology
Consulting, and any related documents necessary to carry out the approved scope of work, in a form approved by the City Attorney.
6. Authorize the City Manager to approve and execute amendments, change orders, additional services, and other project-related expenditures within the approved ERP project scope, in an aggregate amount not to exceed fifteen percent (15%) of the Tyler Technologies estimated one-time implementation costs, or $135,234, provided sufficient budgetary appropriations are available.
Background:
The City currently utilizes Tyler Eden as its core financial and human resources management system. Eden supports many of the City's essential business functions, including general ledger, accounts payable, accounts receivable, budgeting, fixed assets, purchasing, human resources, and payroll. The City also relies upon separate systems for warehousing and work orders, document management, utility billing, permitting, applicant tracking, scheduling, and other business functions.
The City has been formally notified that the existing Tyler Eden software has reached its end of life and will no longer be supported by Tyler Technologies. As a result, continued reliance on Eden is not a sustainable long-term option and creates increasing operational, security, and business continuity risks as the City depends upon the system for critical financial, payroll, human resources, purchasing, and other administrative functions.
Recognizing both the approaching loss of vendor support and the age and limitations of the City's existing systems, the City initiated a comprehensive ERP replacement project to modernize its financial, human resources, purchasing, inventory, reporting, workflow, and related enterprise business processes.
In accordance with Colton Municipal Code Section 3.08.110, on August 6, 2025, the City issued a formal Request for Proposals (RFP) for ERP Software Selection – Finance and Human Capital Management through the City's online BidNet portal. The RFP sought an integrated enterprise solution utilizing current technology and best practices, automated workflows, improved integration, and simplified reporting. The RFP required vendors to identify the costs associated with software, implementation, training, hardware, interfaces, conversions, maintenance, and ongoing support.
The City's procurement process contemplated a comprehensive evaluation of proposals followed by vendor interviews, demonstrations, reference checks and/or site visits before final vendor selection. The RFP expressly provided that award would be made to the vendor whose overall qualifications best met the City's requirements and permitted the City to select the proposal determined to be most favorable to the City's interests based upon quality, reliability, capability, reputation, and expertise, rather than price alone.
Proposals were due to the City on September 18, 2025, and the City received a total of seven responses, which were evaluated based on several criteria, including a feature/function analysis to evaluate how each software and implementation partner met the City's ERP needs.
Following completion of an extensive evaluation, vendor demonstrations, reference checks, and selection process, City staff selected Tyler Technologies, Inc. as the solution that best meets the City's overall functional and operational needs.
Issues/Analysis:
Tyler Enterprise ERP
Tyler's Enterprise ERP solution will replace the City's existing Tyler Eden system and provide a modern, integrated SaaS platform for the City's core enterprise operations. The City's objective is not simply to replace existing software, but to use the implementation as an opportunity to modernize business processes, reduce manual and paper-based workflows, improve system integration, strengthen reporting capabilities, and increase organizational efficiency.
The RFP identified the City's primary objectives as improving customer service, reducing manual processes, automating routine tasks, reducing paper-based workflows, improving system integration, implementing a supportable solution, and taking advantage of newer technology.
The project is anticipated to be implemented in four primary phases:
Phase 1 – Core Financials
Accounting, Accounts Payable, Budgeting, Project and Grant Accounting, Purchasing, Inventory and Inventory Mobile, Content Management, Enterprise Forms, and related functionality.
Phase 2 – Human Resources Management
Human Resources, Payroll, and Time and Attendance.
Phase 3 – Enterprise Asset Management
Enterprise Asset Management, Enterprise Service Requests, My Civic, and associated functionality.
Phase 4 – Ancillary Financial and Enterprise Modules
Accounts Receivable, Priority Based Budgeting, Capital Assets, Cash Management, Contract Management, Employee Expense Reimbursement, and other approved functionality identified within the project budget.
Although Tyler's quotation identifies certain later-phase products and services as “optional,” the City has evaluated those options and incorporated the components needed for the City's planned ERP implementation into the project budget. All products and services identified for inclusion in the attached project budget, including those characterized as “optional” in Tyler's quotation, are included in the recommended Council approval and are part of the approved Phases 1 through 4 project scope. Tyler products or services identified as optional in the quotation that are not identified for inclusion in the attached project budget are not part of this approval and, if subsequently desired, would require authorization in accordance with the City's applicable purchasing authority and budget requirements.
Implementation will occur over multiple fiscal years. Although the project will be phased to accommodate operational demands, staff resources, testing, training, and system dependencies, staff recommends approving Phases 1 through 4 as a single ERP implementation project. This approach establishes the City's overall implementation roadmap and authorization while allowing individual phases and modules to be deployed according to the approved project schedule.
Successful implementation will also require a significant commitment of City staff resources.
Departmental subject-matter experts will participate in system configuration, business-process review, data validation, testing, training, and implementation activities while continuing to support ongoing City operations. The implementation schedule will therefore be actively managed to balance project requirements with the City's ongoing operational responsibilities and available staff resources.
Tyler Project Costs
Based upon the City's final ERP project budget, the anticipated Tyler costs for Phases 1 through 4 are:
Cost Category Amount
One-Time Implementation Costs $ 901,557
Annual Subscription Fees $ 370,156
Annual Hardware Maintenance $ 335
Total Annual Recurring Costs $ 370,491
The one-time implementation costs include Tyler project management, implementation and consulting services, data conversions and imports, report development, third-party hardware/software/services, and estimated travel associated with the implementation.
The $901,557 represents the City's current estimated one-time cost for the approved implementation scope rather than a guaranteed fixed-price implementation amount. Certain Tyler professional services are billed based upon actual services delivered. The proposed 15% contingency provides budgetary capacity to address reasonable implementation variances and approved project changes without delaying the multi-year implementation, subject to the delegated authority and limitations described below.
Annual SaaS subscription, maintenance, and other recurring costs will be incurred in accordance with the contractual billing provisions and implementation schedule. The City's project budget reflects the anticipated timing of these costs by fiscal year, with the full annual recurring amount currently estimated at $370,491 once all approved phases are incorporated. Actual annual costs will vary during implementation based upon the timing of individual phases and applicable contractual billing provisions.
Tyler's current quotation identifies a five-year SaaS term. Under the negotiated SaaS Agreement, the initial term is followed by automatic one-year renewal terms unless terminated in accordance with the agreement. Renewal SaaS fees are capped at a 3% year-over-year increase during years six and seven and a 5% year-over-year increase during years eight through ten; subsequent renewal terms are charged at Tyler's then-current SaaS rates.
Because the ERP will become a core City operating system upon implementation, continued payment of annual subscription and maintenance fees will be necessary for as long as the City continues using the solution. Staff therefore recommends that the Council's authorization expressly include future annual subscription, maintenance, and related recurring fees, including contractually authorized annual adjustments, escalators, and CPI adjustments, if applicable, for the life of the software solution, subject to appropriation through the City's annual budget process.
This authorization avoids the administrative necessity of returning to the City Council solely because an existing annual software subscription changes pursuant to the previously approved contractual pricing provisions.
IMPLEMENTATION PROJECT MANAGEMENT OVERSIGHT – CLIENTFIRST
ERP implementations are complex, multi-year organizational projects that require significant
coordination between the software vendor, City management, Information Services, Finance, Human Resources, operational departments, and individual subject-matter experts.
Most City employees will participate in only one major ERP implementation during their careers. By contrast, ClientFirst specializes in governmental technology implementations and provides consultants experienced in local government systems implementation and ERP project oversight. ClientFirst's proposed methodology is specifically designed to maintain project progress, establish accountability, manage implementation risks, and support City decision- making throughout the project.
ClientFirst's role is distinct from Tyler's vendor project management responsibilities. Tyler's project manager is responsible for coordinating and managing Tyler's implementation obligations, while ClientFirst will provide independent project oversight on behalf of the City, serving as an advocate for the City's interests and assisting City staff in monitoring project schedule, budget, deliverables, risks, and key implementation decisions.
ClientFirst has already provided significant support to the City throughout the ERP selection process. Through that engagement, ClientFirst has developed detailed familiarity with the City's existing systems, business processes, functional requirements, project objectives, vendor proposals, and the decisions that resulted in the selection of Tyler Technologies.
That institutional knowledge has substantial value as the project transitions from vendor selection into implementation. ClientFirst also has experience with governmental ERP implementations and legacy-system migrations, allowing the City to supplement its internal resources with professionals who routinely manage projects of this type. For this reason, staff recommends that the City Council approve an exception to competitive bidding for the ClientFirst engagement pursuant to CMC Section 3.08.140(P).
Conducting a separate competitive solicitation for implementation oversight at this stage would require a new consultant to become familiar with the City's legacy environment, project requirements, selection history, negotiated solution, implementation priorities, and organizational considerations that ClientFirst has already developed through its work with the City.
Continuity between ERP selection and ERP implementation provides a distinct benefit to the City. ClientFirst's existing knowledge allows the firm to transition directly into implementation oversight without recreating work already performed during the selection process. More importantly, ClientFirst's familiarity with the City's project, combined with its specialized ERP implementation experience, provides the City with an implementation resource that can identify issues, challenge assumptions, assist with project decisions, and advocate for the City's interests from the beginning of the implementation.
For these reasons, staff believes that competitively procuring a replacement implementation consultant would not provide a corresponding benefit sufficient to outweigh the loss of project knowledge, transition time, and continuity. The City is better served by retaining ClientFirst's specialized expertise and institutional knowledge through implementation.
ClientFirst has proposed recurring ERP implementation project management oversight for a 12- month budgetary amount of $132,600. ClientFirst's proposed engagement covers the initial 12 months of implementation oversight. Because the ERP implementation is expected to extend beyond the initial 12-month engagement, the City will evaluate the need for continued ClientFirst oversight as the project progresses. Any additional ClientFirst services beyond the approved amount will be authorized in accordance with the City's applicable purchasing authority and budget requirements.
Fiscal Impacts:
The City's ERP budget currently anticipates the following costs:
Project Component Cost
Tyler Technologies - One-Time Costs $ 901,557
ClientFirst - Implementation Project
Management Oversight
$ 132,600
Total Initial One-Time Contracted Project
Costs (Phases 1-4)
$1,034,157
Project Contingency - 15% of Tyler one-time
costs
$ 135,234
Total One-Time Project Budget, Including
Contingency
$1,169,391
Tyler - Annual Recurring Subscription Costs at
Full Implementation
$ 370,491
The contingency is included within the overall project budget but is not part of the contract award to Tyler Technologies or ClientFirst. It is intended to provide budgetary capacity for unforeseen implementation requirements, project changes, additional services, or other costs that may arise during the multi-year implementation and would remain subject to the City's applicable purchasing and contracting requirements.
Annual Tyler subscription costs will be phased in as individual modules become operational. At full implementation of the currently approved Phases 1 through 4, annual recurring costs are estimated at $370,491, before future contractual price adjustments.
Future fiscal year subscription, maintenance, and related recurring costs will be incorporated into the City's annual operating budget. Council authorization of this agreement includes these recurring costs and contractually authorized future price adjustments for the continued life of the software solution, subject to annual appropriation of funds.
Sufficient appropriations are available for the total one-time project budget costs (Phases 1-4) in General Fund Finance Administration Citywide ERP Software Replacement Capital Outlay Account Number 100-6040-6041-4900-2456-000. Annual subscription, maintenance, and other recurring costs will be incorporated into the City’s annual budget and appropriated each fiscal year for the continued use of the ERP solution, including applicable contractual price adjustments.
Alternatives:
1. The City Council may elect not to award the contracts, direct staff to modify the proposed scope or implementation approach, or direct staff to return with additional information. Delaying the ERP replacement would extend the City's reliance on its existing end-of-life Eden system and may increase operational and business-continuity risks.
2. Provide alternative direction.
Attachments:
1. Colton ERP - Project Budget 2026-08-13a (CF) (003)
2. Colton, CA Tyler EERP ETA SaaS Agreement 081126
3. EERP FIN 8.13.26
4. CF Proposal - Colton ERP IPMO 2026-07-17a (CF)
City of Colton, CA
Enterprise Resource Planning (ERP) System
Estimated Costs by Implementation Phase and Fiscal Year Phase 1 Phase 2 Phase 3 Phase 4 Phase 5
Core Financials Human Resources
Management
Enterprise Asset
Management
Ancillary
Financials
Post Go Live and
Deferred Functionality
Oct 2026 -
Sept 2027
July 2027 -
June 2028
Jan 2028 -
Dec 2028
Jan 2028 -
Dec 2028
Jan 2029 -
Dec 2029 Totals FY2027 FY2028 FY2029 FY2030
Training Fees -$
Project Management 42,300$ 33,600 $ 33,600 $ 36,660 $ 146,160$ 42,300$ 51,930 $ 51,930 $ Installation/Implementation Fees 210,600$ 133,200 $ 135,000 $ 134,100 $ 612,900$ 157,950$ 320,400 $ 134,550 $ Modifications/Enhancements Estimates -$
Report & Inquiry Development 3,600$ 3,600 $ 3,600 $ 3,600 $ 3,600 $ 18,000$ 2,700$ 8,100 $ 5,400 $ 1,800 $ Interface Development Estimates -$
Conversion Assistance 18,892$ 28,700 $ 21,500 $ 16,600 $ 85,692$ 9,446$ 57,196 $ 19,050 $ Third-party Hardware, Software, and Services 3,340$ 17,275 $ 20,615$ 3,340$ 17,275 $ Travel & Related Expenses 4,548$ 4,548 $ 4,548 $ 4,548 $ 18,190$ 3,411$ 10,232 $ 4,548 $ - $ Total One-Time Costs 283,280$ 203,648 $ 198,248 $ 212,783 $ 3,600 $ 901,557$ 219,147$ 447,858 $ 232,753 $ 1,800 $ Annual Subscription Fees 179,771$ 32,582 $ 41,228 $ 116,575 $ 370,156$ 179,771$ 212,353 $ 370,156 $ 370,156 $ Annual Hardware Maintenance 335$ 335$ 335$ 335 $ 335 $ 335 $ Total Annual Costs 180,106$ 32,582 $ 41,228 $ 116,575 $ - $ 370,491$ 180,106$ 212,688 $ 370,491 $ 370,491 $ Implementation Project Management Oversight 132,600$ 132,600$ 132,600$ Contingency (15% of One-Time Costs) 42,492$ 30,547 $ 29,737 $ 31,917 $ 540 $ 135,234$ 32,872$ 67,179 $ 34,913 $ 270 $ Total Other Costs 175,092$ 30,547 $ 29,737 $ 31,917 $ 540 $ 267,834$ 165,472$ 67,179 $ 34,913 $ 270 $ Total Costs 638,477$ 266,777 $ 269,213 $ 361,275 $ 4,140 $ 1,539,882$ 564,725 $ 727,725 $ 638,156 $ 372,561 $ Phase 1 - Core Financials: Accounting, Accounts Payable, Budgeting, Project & Grant Accounting, Purchasing, Inventory (including Mobiles), Content Manager, Enterprise Forms Phase 2 - Human Resources Management: Human Resources, Payroll, Time & Attendance Phase 3 - Enterprise Asset Management (including Enterprise Service Requests, My Civic) Phase 4 - Ancillary Modules: Accounts Receivable, Priority Based Budgeting, Capital Assets, Cash Management, Contract Management, Employee Expense Reimbursement Phase 5 - Post Go Live and Deferred Functionality
Not included (but pricing still optional): Assets Mobile, eProcurement, Recruiting, Cashiering, Content Manager Additional Storage, ACFR Statement Builder, Resident Access, API Toolkit
1 SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment Summary, including providing Client with access to Tyler’s proprietary software products, and Tyler desires to provide such products and services under the terms of this Agreement;
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows:
SECTION A – DEFINITIONS
• “Agreement” means this Software as a Service Agreement. • “Business Travel Policy” means our business travel policy. Our current Business Travel Policy is available here: https://www.tylertech.com/portals/0/terms/Tyler-Business-Travel-Policy.pdf. • “Client” means the party indicated on the signature block or, in the absence of a signature block, the Investment Summary.
• “Data” means your data necessary to use the Tyler Software. • “Data Storage Capacity” means the contracted amount of storage capacity for your Data, if any, identified in the Investment Summary.
• “Defect” means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you (or the Documentation in the absence of a written proposal), or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then- current Documentation.
• “Defined Users” means the number of users, if any, that are identified in the Investment Summary. If Exhibit A contains Enterprise Permitting & Licensing labeled software, defined users mean the maximum number of named users that are authorized to use the Enterprise Permitting & Licensing labeled modules as indicated in the Investment Summary. • “Developer” means a third party who owns the intellectual property rights to a Third-Party Product.
• “Documentation” means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. • “Effective Date” means the date by which both your and our authorized representatives have signed the Agreement. Notwithstanding the foregoing, if these terms are linked from an Order Form, the Effective Date is the date your authorized representative signed the Order Form. • “Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us.
2 • “Investment Summary” means the agreed upon cost proposal for the products and services attached as Exhibit A.
• “Order Form” means an ordering document that includes a quote or investment summary and specifies the items to be provided by Tyler to Client, including any addenda and supplements thereto.
• “Professional Services” means those services provided by Tyler or a third party related to the scope of this Agreement and identified in the Investment Summary. • “SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary. • “SaaS Services” means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting, or other professional services. • “SLA” means the service level agreement. A copy of our current SLA is attached hereto as Exhibit C.
• “Statement of Work” means the industry standard implementation plan describing how our professional services will be provided to implement the Tyler Software and outlining your and our roles and responsibilities in connection with that implementation. The Statement of Work is attached as Exhibit E.
• “Support Call Process” means the support call process applicable to all our customers who have a right to use the Tyler Software. Our current Support Call Process is available here:
https://www.tylertech.com/portals/0/terms/Tyler-Support-Call-Process.pdf. • “Third-Party Hardware” means the third-party hardware, if any, identified in the Investment Summary.
• “Third-Party Products” means the Third-Party Software and Third-Party Hardware. • “Third-Party SaaS Services” means software as a service provided by a third party, if any, identified in the Investment Summary.
• “Third-Party Services” means the third-party services, if any, identified in the Investment Summary.
• “Third-Party Software” means the third-party software, if any, identified in the Investment Summary or included with the Tyler Software.
• “Third-Party Terms” means the end user license agreement(s) or other terms, if any, for the Third-Party Products or other parties’ products or services, as applicable, and attached or indicated at Exhibit D.
• “Tyler” means Tyler Technologies, Inc., a Delaware corporation. • “Tyler Software” means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement.
• “we,” “us,” “our” and similar terms mean Tyler.
• “you” and similar terms mean Client.
SECTION B – SAAS SERVICES
1. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS Services solely for your governmental purposes, subject to any limits for Data Storage Capacity. You
3 may add additional users or additional data storage capacity on the terms set forth in this Agreement. In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s). You acknowledge that we have no obligation to ship copies of the Tyler Software as part of the SaaS Services. Your right to use the SaaS Services applies to releases provided as part of our Maintenance and Support Services as further detailed in this Agreement. For the avoidance of doubt and as of the Effective Date, the Tyler Software proposed under this Agreement is a site license not limited based on a number of Defined Users.
2. Ownership.
2.1. We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.
2.2. The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only.
3. Data.
3.1. You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to fulfill our obligations contained in this Agreement, we do not create or endorse any Data used in connection with the SaaS Services.
3.2. You expressly grant to us a limited, non-exclusive license to access, copy, transmit, download, display, and reproduce your Data to provide services pursuant to this Agreement. Additionally, you agree that Tyler may use deidentified Data for Client or third-party demonstrative or training purposes.
3.3. Our access to and use of your Data necessary to use the Tyler Software or SaaS Services will comply with applicable provisions of our Privacy Statement (available at https://www.tylertech.com/privacy) and applicable law.
3.4. Data Breach Notification. Tyler will provide notice of a breach of Client Data in accordance with applicable state and federal data breach notification laws. Tyler will notify City of a confirmed security breach (meaning a confirmed unauthorized access or disclosure of Client Data protected under applicable data protection laws as soon as practicable after Tyler becomes aware of it). The notice shall include: known information about the nature of the unauthorized access, use of disclosure; the confidential information accessed, used or disclosed; the person(s) who accessed, used, disclosed and/or received protected information (if known); what Tyler has done or will do to mitigate any deleterious effect of the unauthorized access, use of disclosure, and what corrective action Tyler has taken or will take to prevent future unauthorized access, use of disclosure. In the case of personally identifiable information (PII) or protected health information (PHI), Tyler will reimburse Client for reasonable direct costs that Client is legally required to incur under applicable data breach notification laws provided such costs directly result from a confirmed breach of Client Data for which Tyler is determined to have breached its security obligations under this Agreement. Client must provide Tyler with reasonable documentation of such costs and legal requirements prior to reimbursement.
4. Restrictions.
4.1. You may not:
4 4.1.1. make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party’s business operations;
4.1.2. modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services;
4.1.3. access or use the SaaS Services to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or
4.1.4. license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement.
4.1.5. Notwithstanding anything to the contrary in this Section 4.1, you may disclose, with our written consent, not to be unreasonably withheld, the Tyler Software, SaaS Services, or Documentation to a third party you consult with regarding the implementation or use of the Tyler Software and SaaS Services. You must ensure that any such third-party’s use is subject to the terms of this Agreement, and you acknowledge and agree that you are liable for any breach of the terms of this Agreement by such third party.
5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with our then-current Support Call Process.
6. SaaS Services.
6.1. Audit & Compliance. Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on Standards for Attestation Engagements (“SSAE”) No. 21. We have attained, and will maintain, SOC 1 and SOC 2 compliance, or their equivalent, for so long as you are timely paying for SaaS Services. The foregoing notwithstanding, you acknowledge that the scope of audit coverage varies depending on the specific Tyler Software solution. We will provide you with a summary of our current compliance report(s) or its equivalent, upon your request. For the avoidance of doubt, if our SaaS Services are provided using a third-party data center, the compliance report may be for that third-party provider and be subject to confidential treatment in accordance with applicable law. If you want us to provide our compliance reports to a third-party auditor or similar entity, we reserve the right to require execution of an NDA by that third party.
6.2. Service Levels. The Tyler Software will be made available to you according to the terms of the SLA. Tyler SaaS Services will be provided via a third-party data center. Your Data will be inaccessible to our other customers.
6.3. Business Continuity. Data centers used to deliver SaaS Services for this Agreement have redundant telecommunications access, electrical power, and the required hardware to provide access to the SaaS Services in the event of a disaster or component failure. We test our disaster recovery plan on an annual basis. The plan is not client specific and is detailed in Tyler’s System & Organization Control reports or their equivalent. In the event of a data center failure, we reserve the right to employ our disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a Recovery Point Objective (“RPO”) of 24 hours and a Recovery Time Objective (“RTO”) of 24 hours. RPO represents the maximum duration of time between the most recent recoverable copy of your hosted Data and subsequent data center failure. RTO represents the maximum duration of time following data center failure within which your access
5 to the Tyler Software must be restored. If we employ our disaster recovery plan, we will be responsible for restoring your Data and ensuring that the SaaS Services are online, and you will be responsible for validating your Data and confirming the functioning of the SaaS Services, including any integrations.
6.4. Security Measures. We provide secure Data transmission paths between your devices and the data center used to provide SaaS Services to you. Data centers used to provide SaaS Services are accessible only by authorized personnel with a unique key entry or comparable security.
We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software. Unauthorized attempts to access files, passwords, or other confidential information, and vulnerability and penetration test scanning of our network and systems (hosted or otherwise) are prohibited. Where applicable with respect to our applications that take or process card payment data, we comply with applicable requirements of PCI DSS. We agree to supply the then-current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/about-us/compliance and, in the event of any change in our status, we will comply with applicable notice requirements.
6.5. Password Security. You are responsible for:
6.5.1. keeping your and your representatives’ passwords secure and confidential;
6.5.2. any account activity or access that occurs pursuant to you and your representatives’ passwords, its account or IdPs; and
6.5.3. notifying us of any unauthorized access to your account.
SECTION C – PROFESSIONAL SERVICES
1. Professional Services. We will provide you the various implementation-related services itemized in the Investment Summary and if applicable, described in the Statement of Work.
2. Professional Services Fees. You agree to pay us the services fees in the amounts set forth in the Investment Summary. You acknowledge that the fees stated in the Investment Summary, unless expressly stated otherwise, are good-faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable rate by the quoted units.
3. Additional Services. The Investment Summary contains, and the Statement of Work describes, the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote.
4. Cancellation. If you cancel services less than three (3) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (i) daily fees associated with cancelled professional services if we are unable to reassign our personnel and (ii) any non-refundable travel
6 expenses already incurred by us on your behalf. We will make all reasonable efforts to reassign personnel in the event you cancel within three (3) weeks of scheduled commitments.
5. Services Warranty. We will perform services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re-perform such services at no additional cost to you.
6. Assignment and Removal of Personnel. After the Effective Date, and in coordination with the project kick-off activities identified in the Statement of Work, we will make our project staffing assignments. Upon request, we will provide you with project resumes, demonstrating relevant past project experience, for project team members that are allocated for onsite services on the project.
You agree that those resumes are for your information and planning purposes only.
Once our project team is assembled and your counterparts have been identified, both parties agree that, except for reasons outside their control, they will not remove staff and personnel from their assigned project roles without reasonable advance notice and good cause, and that they will work together to mitigate project impacts after any such removal. The parties will also work together to manage the project impact resulting from the temporary unavailability of project staff from either party. We agree to use commercially reasonable efforts to maintain consistency of project personnel and commit to replacement resources having sufficient project knowledge, without additional cost to you, in order to render services in accordance with contractual requirements.
In the event our personnel is/are not providing services consistent with our services warranty or are otherwise negatively impacting the project, you will notify us of that deficiency and give us a reasonable opportunity to correct it. In the event the deficiency persists, we will replace that project member, upon your written request and demonstration of good cause. Replacement staff will be assigned following the same processes set forth above and shall have reasonably sufficient, experience, and project knowledge to perform the applicable obligations under the Agreement. The foregoing notwithstanding, if the replacement personnel is providing services onsite, you shall remain liable for travel expenses incurred by such personnel to be invoiced in accordance with the Business Travel Policy.
7. Site Access and Requirements. At no cost to us, you agree to provide us with reasonable access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.
8. Background Checks. All of our employees undergo criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies.
9. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You certify that you will use reasonable efforts to cooperate with us and make your resources available for the performance of the Agreement in accordance with its terms and the mutually agreed project schedule. Additionally, you agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to support the efficient execution of the activities required for this Agreement.
Accordingly, you will provide notice of any known inability to timely meet a project commitment so
7 that appropriate project adjustments can be made. We will not be liable for failure to meet any project deadlines or milestones when such failure is due to Force Majeure or to the failure by you to comply with the requirements of this paragraph.
10. Maintenance and Support Services.
10.1. For the duration of this Agreement, consistent with the terms set forth in our then- current Support Call Process, we will:
10.1.1. perform our maintenance and support obligations in a professional and workmanlike manner, consistent with industry standards, to provide support and resolve Defects in the Tyler Software (subject to any applicable release life cycle policy);
10.1.2. provide telephone support during our established support hours as indicated in our then-current Support Call Process;
10.1.3. maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third-Party Software, if any, in order to provide maintenance and support services;
10.1.4. provide releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers with a current SaaS Agreement.
10.2. Your use of Tyler Software or SaaS Services requires that you remain current with supported releases of Tyler Software as indicated in any applicable release lifecycle policy. Our warranty and support commitments are contingent upon you using a supported version of the Tyler Software. Tyler may require you to update to a current version of the Tyler Software to address a critical issue (for example, to address an identified security vulnerability in the Tyler Software or a third-party component). Tyler will use commercially reasonable efforts to (i) minimize the number of such instances and (ii) provide as much advance notice as possible.
10.3. We will use all reasonable efforts to perform support services remotely. We reserve the right to use secure third-party connectivity tools to deliver maintenance and support services.
We also reserve the right to collect Tyler Software or SaaS Services telemetry for product evaluation, quality assurance, and security monitoring and enhancement purposes. You agree to reasonably cooperate with us in providing access to your environments and Data for the purposes of providing maintenance and support services and acknowledge that our warranty, support, and service level obligations under this Agreement are contingent upon receiving reasonable access to your Data and systems.
10.4. For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support; (b) application design; (c) other consulting services; or (d) telephone support outside our normal business hours as listed in our then-current Support Call Process.
SECTION D – THIRD-PARTY PRODUCTS
1. Third-Party Hardware. We will sell and deliver any Third-Party Hardware set forth in the Investment Summary for the price indicated therein. Unless otherwise indicated, installation of Third-Party Hardware will be performed by Tyler or identified third party installers.
2. Third-Party Software. Your rights under this Agreement may include rights to certain Third-Party Software. We certify that we have acquired the right to provide the Third-Party Software to you.
Your rights to the Third-Party Software will be governed by the Third-Party Terms and, in the
8 absence of such terms, this Agreement.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer or its authorized reseller to sell or grant access, as applicable, to the Third-Party Products.
3.2 Unless otherwise expressly indicated, Third-Party Hardware will be new and unused. You will receive free and clear title to the Third-Party Hardware you purchase upon your payment in full of the purchase price.
3.3 You acknowledge that we are not the manufacturer of Third-Party Products. We do not warrant or guarantee the performance of the Third-Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third- Party Products.
4. Third-Party Services. If you have purchased Third-Party Services, those services will be provided independently of Tyler by such third party at the rates set forth in the Investment Summary and in accordance with Exhibit B.
SECTION E – TERM AND TERMINATION
1. Term. The initial term of this Agreement is equal to the number of years indicated for SaaS Services in Exhibit A or one (1) year if no duration is indicated. The initial term commences on the first day of the first month following the Effective Date. Upon expiration of the initial term, this Agreement will renew automatically for additional one (1) year renewal terms at our then-current SaaS Fees unless terminated in writing by either party at least thirty (30) days prior to the end of the then-current renewal term. SaaS Fees for renewal terms in years six (6) and seven (7) will be capped at a three percent (3%) increase year over year. SaaS Fees for renewal terms in years eight (8) through ten (10) will be capped at a five percent (5%) increase year over year. SaaS Fees for any subsequent renewal terms will be at our then-current SaaS Fees. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement.
2. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section G(2).
2.1. Failure to Pay Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of fees. We may terminate this Agreement if you do not cure a failure to pay within sixty (60) days of our notice to you that you have overdue payments.
2.2. For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section G(2). You may terminate this Agreement for cause after following the procedures set forth in Section G(2).
2.3. Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of forty-five (45) days or more.
2.4. Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid,
9 but unused SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience.
3. Return of Data. In the event of termination of the Agreement, and upon reasonable advance notice, Tyler shall promptly make all Data available to you in the format of the database or other such format as may be mutually agreed upon, provided through Tyler’s FTP server or such other secure method reasonably selected by Tyler. Such Data will be provided at no additional cost.
SECTION F – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1. We will defend you against any third-party claim(s) that the Tyler Software or Documentation infringes that third-party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.
1.2. Our obligations under this Section F(1) will not apply to the extent the claim or adverse final judgment is based on your use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties.
1.3. If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either:
1.3.1. procure the right to continue its use;
1.3.2. modify it to make it non-infringing; or
1.3.3. replace it with a functional equivalent.
We may elect to employ these remedies in advance of litigation if we receive information concerning an infringement or misappropriation claim.
1.4. This section provides your exclusive remedy for third-party copyright, patent, or trademark infringement and trade secret misappropriation claims.
2. General Indemnification.
2.1. We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (i) personal injury, death, or damage to tangible property, all to the extent caused by our negligence or willful misconduct; or (ii) our violation of law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.
2.2. To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (i) personal injury, death, or damage to tangible property, all to the extent caused by your negligence or willful misconduct; or (ii) your violation of a law applicable to your performance under this Agreement. We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance,
10 cooperation, and information in defending the claim at your expense.
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR.
4. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS
AGREEMENT, OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED
ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (i) DURING THE INITIAL TERM, AS SET FORTH IN SECTION E(1), TWO TIMES (2X) THE TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (ii) DURING ANY RENEWAL TERM, TWO TIMES (2X) THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE
PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY
AND TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN
DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS F(1) AND F(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (i) Commercial General Liability of at least $1,000,000 per occurrence and $2,000,000 aggregate; (ii) Automobile Liability of $1,000,000 combined single limit; (iii) Professional Liability (inclusive of cyber protection) of $1,000,000 per claim and in the aggregate; (iv) Workers Compensation complying with applicable statutory requirements; and (v) Excess/Umbrella Liability of $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request.
SECTION G – GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twenty-four (24) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twenty-four (24) months have expired, you may purchase additional products and services at our then-current pricing, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum.
2. Performance Issues and Dispute Resolution.
11 2.1. Notice. You agree to provide us with written notice within thirty (30) days of receipt of an invoice (for invoice disputes) or, in the case of performance, becoming aware of an issue related to our performance under this Agreement.
2.2. Invoice Issues.
2.2.1. If the issue relates to an invoice, your notice must include the following: (i) the issue(s) with the invoice; (ii) the specific fee(s) at issue; and (iii) the corrective action(s) you are requesting of Tyler.
2.2.2. We will provide a written response to your notice within thirty (30) days that (i) supports the validity of the invoice as issued by us; (ii) adjusts the invoice; or (iii) describes our plan to address the issues identified in your notice.
2.2.3. You agree to pay all undisputed fees by the due date. You acknowledge that you forfeit your right to dispute any fees under this Agreement when you fail to pay undisputed fees within sixty (60) days of our notice that the fees are overdue.
2.2.4. In addition to any other remedies available to us under this Agreement or law for non- payment, we reserve the right to recover from you our reasonable costs of collection associated with your failure to timely pay amounts due under this Agreement.
2.2.5. WE RESERVE THE RIGHT TO SUSPEND PERFORMANCE OF ANY SERVICE, INCLUDING ACCESS TO SAAS SERVICES, FOR FAILURE TO TIMELY PAY UNDISPUTED FEES FIFTEEN (15) DAYS FOLLOWING OUR NOTICE OF INTENT TO DO SO.
2.3. Dispute Resolution. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures.
3. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities, and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement.
4. Nondiscrimination. We will not discriminate against any employee or applicant in our employment practices or the performance of our duties, responsibilities, and obligations under this Agreement because of race, color, religion, gender, age, disability, religious beliefs, national, or ethnic origin.
We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law.
5. E-Verify. We use the U.S. Department of Homeland Security’s E-Verify system to confirm the eligibility of all current employees and persons hired during the contract term to perform services within the United States under this Agreement.
12 6. Subcontractors. We will not subcontract any Professional Services specifically for this Agreement without your prior written consent, not to be unreasonably withheld.
7. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets.
8. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event.
9. No Intended Third-Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third-Party Terms.
10. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, or implied. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified in writing, signed by an authorized representative of the party against whom enforcement is sought.
11. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law.
12. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter.
13. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
14. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (i) actual receipt by the receiving party; or (ii) five (5) days following deposit with registered or certified mail with proper postage affixed and addressed to the other party at the address set forth in this Agreement or such other address as the party may have designated by
13 proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party.
15. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials.
16. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties.
Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that:
i. is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents;
ii. a party can establish by reasonable proof was in that party's possession at the time of initial disclosure;
iii. a party receives from a third party who has a right to disclose it to the receiving party; or iv. is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law.
17. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license.
18. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state or commonwealth of domicile, without regard to its rules on conflicts of law.
19. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature.
Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement.
20. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. In such cases, we reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement.
21. Data & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler’s Data & Insights
14 data platform. Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights data platform is subject to the Data & Insights SaaS Services Terms of Service, available at:
https://www.tylertech.com/terms/data-insights-saas-services-terms-of-service. By signing a Tyler Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms.
22. Contract Documents & Order of Precedence.
22.1. Contract Documents. This Agreement includes the following documents:
Migration Terms Addendum
Exhibit A Investment Summary
Exhibit B Invoicing and Payment Terms
Exhibit C Service Level Agreement
Exhibit D Third-Party Terms
Exhibit E Statement of Work
Exhibit F Tyler Proposal dated 9/18/2025 (hereafter, “Tyler’s Proposal”) provided in response to Client’s RFP
Exhibit G Client’s Request for Proposal (“Client’s RFP”), dated 8/6/2025
22.2. Order of Precedence. In the event of any conflict or inconsistency between the terms of this Agreement and any exhibits, the conflict or inconsistency shall be resolved by using the following order of precedence:
o Sections A-G of this Agreement and Exhibits A-E
o Exhibit F (Tyler’s Proposal)
o Exhibit G (Client’s RFP)
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below.
Tyler Technologies, Inc.
City of Colton, California
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
Address for Notices:
Address for Notices:
Tyler Technologies, Inc. City of Colton
7701 College Boulevard 650 North Lacadena Dr.
Overland Park, KS 66210 Colton, CA 92324
Attention: Chief Legal Officer Attention: ___________________________
1 Migration Terms Addendum
1. Scope. The terms in this Migration Terms Addendum (“Addendum”) apply to the agreement to which it is attached (“Agreement”), and under which we will provide certain Tyler software solutions listed in the Agreement’s Investment Summary (hereafter, the “Replacement Modules”) to replace some or all of Tyler solutions previously provided to you (hereafter, the “Migration Modules”). Accordingly, any conflict between the terms in this Addendum and the Agreement will be resolved in favor of the term(s) in this Addendum. The Migration Modules are listed in the Comments Section of the Investment Summary, and any capitalized terms not otherwise defined herein will have the meaning assigned to those terms in the Agreement.
2. Support & SaaS Services for Migration Modules. Your payment of annual SaaS Fees for the Replacement Modules includes annual maintenance and support services in the scope described by the A greement, and, to the extent currently being provided, annual SaaS Services, for the Migration Modules for the time period covered by your payment of annual SaaS Fees.
3. License/Use Rights for Migration Modules. Unless expressly stated otherwise in the Agreement, your license to use a Migration Module terminates when the applicable Replacement Module is used in live production.
4. Credit for Prepaid Fees for Migration Modules. In the event you prepaid annual maintenance or SaaS fees for Migration Modules for any time during your annual SaaS Term for your Replacement Modules, Tyler will credit that prepayment to your account. This credit may be applied towards any future products and/or services from Tyler under the Agreement.
1 Exhibit A
Investment Summary
The Investment Summary details the products and services to be delivered by us, or a third party, as applicable, to you under the Agreement. This Investment Summary is effective as of the Effective Date regardless of any expiration date in the Investment Summary. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
2023-626029-C1M2F1 Page 1
Quoted By: Chris Deroche
Quote Expiration: 09/30/26
Quote Name: City of Colton-ERP-EERP (RFP)
Quote Description: EERP FIN 8.10.26
Saas Term 5.00
Sales Quotation For: Shipping Address:
Colton, Ca City Of City of Colton
650 North Lacadena Dr. 650 N La Cadena Dr
Colton CA 92324-0000 Colton CA 92324-2853
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Financial Management
Accounting 1 228 $ 59,818.00
Accounts Payable 1 68 $ 17,620.00
Budgeting 1 84 $ 17,620.00
Inventory 1 84 $ 16,865.00
Inventory Mobile 1 16 $ 4,580.00
Project & Grant Accounting 1 68 $ 12,048.00
Purchasing 1 196 $ 29,756.00
Content Management
Content Manager Core includes Onboarding 1 64 $ 20,310.00 Data Insights
Enterprise Analytics and Reporting 1 128 $ 24,283.00
Additional
Enterprise Forms Processing Software (including Common Form Set) 1 0 $ 12,431.00 Sub-Total: $ 215,331.00
2023-626029-C1M2F1 Page 2
Less Discount: $ 35,560.00
TOTAL 936 $ 179,771.00
Professional Services
Description Quantity Unit Price Ext Discount Extended Price Maintenance COA Import Hours 16 $ 225.00 $ 1,808.00 $ 1,792.00 $ 0.00 Conversions – See Detailed Breakdown Below $ 17,100.00 $ 0.00 Project Management 188 $ 225.00 $ 0.00 $ 42,300.00 $ 0.00 Onsite Implementation 252 $ 225.00 $ 0.00 $ 56,700.00 $ 0.00 Remote Implementation 684 $ 225.00 $ 0.00 $ 153,900.00 $ 0.00 TOTAL $ 271,792.00 $ 0.00
3rd Party Hardware, Software and Services
Description Qty Unit Price
Unit
Discount Total Price
Unit
Maint/SaaS
Maint/SaaS
Discount
Total
Maint/SaaS
Barcode Printer Kit 1 $ 1,445.00 $ 0.00 $ 1,445.00 $ 145.00 $ 0.00 $ 145.00 Barcode Scanner - TC27 Rugged Mobile Scanning
Device 1 $ 1,895.00 $ 0.00 $ 1,895.00 $ 190.00 $ 0.00 $ 190.00 TOTAL $ 3,340.00 $ 335.00
Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 179,771.00
Total Tyler Services $ 271,792.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 3,340.00 $ 335.00
2023-626029-C1M2F1 Page 3
Summary Total $ 275,132.00 $ 180,106.00
Contract Total $ 1,174,322.00
Estimated Travel Expenses excl in Contract
Total $ 18,190.00
Client’s purchase of the items listed above is subject to the Comments below Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval: Date:
Print Name: P.O.#:
All Primary values quoted in US Dollars
Detailed Breakdown of Conversions (Included in Summary Total) Description Qty Unit Price Unit Discount Extended Price Financials
Accounting 1 $ 7,000.00 $ 3,500.00 $ 3,500.00
Accounts Payable 1 $ 13,000.00 $ 6,500.00 $ 6,500.00
Inventory 1 $ 6,200.00 $ 3,100.00 $ 3,100.00
Purchase Orders 1 $ 8,000.00 $ 4,000.00 $ 4,000.00
TOTAL $ 17,100.00
Optional Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Financial Management
Assets Mobile 1 16 $ 4,580.00
Capital Assets 1 84 $ 16,865.00
Cash Management 1 52 $ 12,271.00
2023-626029-C1M2F1 Page 4
Contract Management 1 36 $ 7,620.00
eProcurement (Vendor Access and Punch-Out) 1 40 $ 10,270.00 Standard Fuel Interface - SeeComments 1 36 $ 2,498.00
Priority Based Budgeting
Priority Based Budgeting - Base (3 Departments) 1 104 $ 30,000.00 Human Resources Management
Employee Expense Reimbursement 1 72 $ 6,831.00
Human Resources & Talent Management 1 88 $ 5,260.00
Payroll with Employee Access 1 360 $ 7,654.00
Recruiting 1 16 $ 1,229.00
Time & Attendance w Mobile Access - Up to 500 Employees 1 144 $ 19,668.00 Civic Services
Enterprise Service Requests 1 80 $ 9,002.00
My Civic 1 88 $ 12,640.00
Revenue Management
Accounts Receivable 1 148 $ 14,675.00
Cashiering 1 72 $ 22,098.00
General Billing 1 84 $ 8,018.00
Resident Access 1 96 $ 13,430.00
Enterprise Asset Management
Asset Maintenance & Performance - Per User 12 388 $ 14,280.00 Recurring Services
Content Manager Additional Storage 1 0 $ 5,000.00
Additional
ACFR Statement Builder 1 72 $ 11,060.00
DocuSign Signature Service - Annual Fee 1 16 $ 8,295.00 GIS 12 8 $ 2,808.00
Integrations
API Toolkit Bundle 1 48 $ 25,959.00
Subscription Fees
Fraud, Risk & Compliance 1 0 $ 15,000.00
2023-626029-C1M2F1 Page 5
Sub-Total: $ 287,011.00
Less Discount: $ 3,000.00
TOTAL: 2148 $ 284,011.00
Optional Professional Services
Description Quantity Unit Price Ext. Discount Extended Price Maintenance Capital Assets Import Hours 24 $ 225.00 $ 0.00 $ 5,400.00 $ 0.00 Payroll Deductions Import Hours 24 $ 225.00 $ 0.00 $ 5,400.00 $ 0.00 Position Control Import Hours 20 $ 225.00 $ 0.00 $ 4,500.00 $ 0.00 Priority Based Budgeting - Project Management Base 12 $ 255.00 $ 0.00 $ 3,060.00 $ 0.00 Report Building - Billed as Incurred 80 $ 225.00 $ 0.00 $ 18,000.00 $ 0.00 State Retirement Tables Import Hours 20 $ 225.00 $ 0.00 $ 4,500.00 $ 0.00 Conversion – See Detailed Breakdown Below $ 47,000.00 $ 0.00 Onsite Implementation 576 $ 225.00 $ 0.00 $ 129,600.00 $ 0.00 Remote Implementation 1572 $ 225.00 $ 0.00 $ 353,700.00 $ 0.00 TOTAL $ 571,160.00 $ 0.00
Optional 3rd Party Hardware, Software and Services
Description Qty Unit Price
Unit
Discount Total Price
Unit
Maint/SaaS
Maint/SaaS
Discount
Total
Maint/SaaS
Barcode Printer Kit 1 $ 1,445.00 $ 0.00 $ 1,445.00 $ 145.00 $ 0.00 $ 145.00 Barcode Scanner - TC27 Rugged Mobile Scanning
Device 1 $ 1,895.00 $ 0.00 $ 1,895.00 $ 190.00 $ 0.00 $ 190.00 Cash Drawer 1 $ 275.00 $ 0.00 $ 275.00 $ 0.00 $ 0.00 $ 0.00 Hand Held Scanner - Model 1960GSR 1 $ 475.00 $ 0.00 $ 475.00 $ 0.00 $ 0.00 $ 0.00 Hand Held Scanner Stand 1 $ 65.00 $ 0.00 $ 65.00 $ 0.00 $ 0.00 $ 0.00 Pattern Stream Automated Document System -
Implementation 80 $ 185.00 $ 0.00 $ 14,800.00 $ 0.00 $ 0.00 $ 0.00 Pattern Stream Automated Document System -
SaaS 1 $ 0.00 $ 0.00 $ 0.00 $ 22,320.00 $ 0.00 $ 22,320.00 Printer (TM-S9000II) 1 $ 1,660.00 $ 0.00 $ 1,660.00 $ 0.00 $ 0.00 $ 0.00 Third Party Verification Services 1 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00
2023-626029-C1M2F1 Page 6
TOTAL $ 20,615.00 $ 22,655.00
Optional Conversion Details (Prices Reflected Above)
Description Quantity Unit Price Discount Total
Enterprise Asset Management
Asset Maintenance 1 $ 21,500.00 $ 0.00 $ 21,500.00
Human Resources Management
Human Resources Management 1 $ 14,300.00 $ 0.00 $ 14,300.00 Revenue Management
General Billing 1 $ 11,200.00 $ 0.00 $ 11,200.00
TOTAL $ 47,000.00
Tyler Annual Discount Detail (Excludes Optional Products) Description
Imp.
Hours Annual Fee
Annual Fee
Discount Annual Fee Net
Financial Management
Accounting 228 $ 59,818.00 $ 15,553.00 $ 44,265.00
Accounts Payable 136 $ 17,620.00 $ 4,581.00 $ 13,039.00 Budgeting 84 $ 17,620.00 $ 4,581.00 $ 13,039.00
Inventory 84 $ 16,865.00 $ 0.00 $ 16,865.00
Inventory Mobile 16 $ 4,580.00 $ 0.00 $ 4,580.00
Project & Grant Accounting 68 $ 12,048.00 $ 0.00 $ 12,048.00 Purchasing 196 $ 29,756.00 $ 7,737.00 $ 22,019.00
Content Management
Content Manager Core includes Onboarding 64 $ 20,310.00 $ 0.00 $ 20,310.00 Data Insights
Enterprise Analytics and Reporting 128 $ 24,283.00 $ 0.00 $ 24,283.00 Additional
2023-626029-C1M2F1 Page 7
Enterprise Forms Processing Software (including Common
Form Set) 0 $ 12,431.00 $ 3,108.00 $ 9,323.00
TOTAL 936 $ 215,331.00 $ 35,560.00 $ 179,771.00
Comments
Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.
Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.
Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.
Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.
In the event Client cancels services less than four (4) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.
The Implementation Hours included in this quote assume a work split effort of 70% Client and 30% Tyler.
Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments.
Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the-Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.
As a new Tyler client, you are entitled to a 14-day or a 30-day trial of the Managed Detection and Response cybersecurity service. Please reference https://www.tylertech.com/services/tyler-detect for more information on the service and contact [email protected] to initiate the trial.
Tyler currently supports the following identity providers (IdP's) for use with Tyler back-office solutions: Microsoft Active Directory through Azure AD, ADFS or Okta AD agent, Google Cloud Identity, Okta, and Identity Automation Rapid Identity. Any requirement by you to use an IdP not supported by Tyler will require additional costs, available upon request.
2023-626029-C1M2F1 Page 8
Content Manager Core includes up to 1TB of storage. Should additional storage be needed it may be purchased as needed at an annual fee of $5,000 per TB.
Financial library includes: standard A/P check, standard EFT/ACH, standard Purchase order, standard Contract, 1099M, 1099INT, 1099S, 1099NEC and 1099G.
Standard Project Management responsibilities include project plan creation, initial stakeholder presentation, bi-weekly status calls, updating of project plan task statuses, and go-live planning activities.
Accounting conversion includes: Actuals (total balances only) up to 5 years, Budgets (total balances only) up to 5 years Accounts Payable conversion includes: Standard - Vendors, Remit Addresses, 1099 Amounts, Check History(Header, Detail) - up to 5 years, Invoices (Header, Detail) - up to 5 years
Purchase Orders conversion includes: Standard - Open POs, Closed POs - up to 5 years In the event Client acquires from Tyler any edition of Content Manager software other than Enterprise Edition, the license for Content Manager is restricted to use with Tyler applications only. If Client wishes to use Content Manager software with non-Tyler applications, Client must purchase or upgrade to Content Manager Enterprise Edition.
Inventory conversion includes: Standard - Master
All hardware related to Assets Mobile and Inventory Mobile will be under a standard maintenance plan which starts when they are shipped.
This includes replacement of your current hardware if it cannot be fixed through the standard helpdesk process.
1 Exhibit B
Invoicing and Payment Terms
We will provide you with the software and services set forth in the Investment Summary of the Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.
Invoicing: We will invoice you for the applicable software and services in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement.
1. Tyler Annual Services.
1.1. SaaS Services. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the initial term as set forth in Section E(1) of this Agreement. Your annual SaaS fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, SaaS Fees for renewal terms in years six (6) and seven (7) will be capped at a three percent (3%) increase year over year. SaaS Fees for renewal terms in years eight (8) through ten (10) will be capped at a five percent (5%) increase year over year. SaaS Fees for any subsequent renewal terms will be at our then-current SaaS Fees.
1.2. Other Annual Services. Fees for annual services other than SaaS Services are invoiced on an annual basis, beginning with the availability of the service. Your annual fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be as described in Exhibit B Section 1.1 above.
2. Tyler Services.
2.1. Professional Services Generally: Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary.
The foregoing notwithstanding, Tyler shall withhold billing and invoicing of ten percent (10%) of the fees for implementation services billed on an hourly basis and delivered during a Phase until the earlier of (i) the Live Date of the applicable Phase, or (ii) the Live Date for that Phase as listed in the revised Statement of Work as part of initial planning expected within thirty (30) days of implementation kick-off, unless Tyler is the cause of delay for the Live Date for that Phase. Professional Services on the Investment Summary that will be billed per this Section 2.1 are:
• Capital Asset Import Hours
• COA Import Hours
• Payroll Accrual Import Hours
• Payroll Deductions Import Hours
• Position Control Import Hours
• State Retirement Tables Import Hours
• Onsite Implementation
• Remote Implementation
• Project Management
2.2. Consulting Services: Fixed fee Consulting Services will be invoiced 50% upon your acceptance of
2 the Best Practice Recommendations, by module, and 50% upon your acceptance of custom desktop procedures, by module.
2.3. Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted Data, by conversion option, and 50% upon Client acceptance to load the converted Data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis.
Professional Services on the Investment Summary that will be billed per this Section 2.3 are:
• Accounting
• Accounts Payable
• Inventory
• Purchase Orders
• Human Resources Management
• General Billing
2.4. Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced (i) 50% upon delivery of specifications and (ii) 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30-day window has passed. You may still report Defects to us as set forth in this Agreement.
2.5. Other Fixed Price Services: Other fixed price services are invoiced as delivered. For the avoidance of doubt, where “Project Planning Services” are provided, payment will be due upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following initiation of project planning. Strategic Program Management Services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following initiation of program planning. Professional Services on the Investment Summary that will be billed per this Section 2.5 are:
• Executive Insights Implementation
3. Hardware & Third-Party Products.
3.1. Hardware: Hardware costs, if any, are invoiced upon delivery.
3.2. Hardware Maintenance: The first year maintenance fee for hardware is invoiced upon delivery of the hardware. Subsequent annual maintenance fees for hardware are invoiced annually, in advance, at then-current rates, upon each anniversary thereof.
3.3. Third-Party Services: Fees for Third-Party Services, if any, are invoiced as delivered, along with applicable expenses, at the rates set forth in the Investment Summary.
3.4. Third Party Software. License Fees for Third Party Software, in any, are invoiced when the applicable Third Party Software is made available to you for download.
3.5. Third Party Software Maintenance: The first year maintenance fee for the Third Party Software is invoiced when it is made available to you for downloading. Subsequent annual maintenance fees for Third Party Software are invoiced annually, in advance, at then-current rates, upon each anniversary thereof.
3.6. Third-Party SaaS Services. Third-Party SaaS Services fees, if any, are invoiced on an annual basis, commencing with availability of the respective Third-Party SaaS Services. Pricing for the first year of Third-Party SaaS Services is indicated in the Investment Summary. Unless express stated otherwise, pricing for subsequent years will be at then-current rates.
4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction
3 (call, message, etc.) fees are invoiced on a monthly basis. Fees are indicated in the Investment Summary and may be increased by Tyler upon notice of no less than thirty (30) days.
5. Expenses. The service rates in the Investment Summary do not include travel expenses. Expenses for Tyler delivered services will be billed as incurred and only in accordance with our then-current Business Travel Policy.
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is available by contacting [email protected].
1 Exhibit C
SERVICE LEVEL AGREEMENT
I. Agreement Overview
This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It outlines the information technology service levels related to the availability of the Tyler SaaS Services that you have requested us to provide. All other support services are documented in the Support Call Process.
This SLA does not apply to any Third-Party SaaS Services.
II.
Definitions. Except as defined below, all defined terms have the meaning set forth in the Agreement.
Actual Attainment: The percentage of time the Tyler Software is available during a calendar month, calculated as follows: (Service Availability – Downtime) ÷ Service Availability.
Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or the acts or omissions of any of your service users or third -party providers over whom we exercise no control.
Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch, login, search or save primary data in the Tyler Software. Downtime does not include those instances in which only a Defect is present.
Emergency Maintenance Window: (1) maintenance that is required to patch a critical security vulnerability; (2) maintenance that is required to prevent an imminent outage of Service Availability; or (3) maintenance that is mutually agreed upon in writing by Tyler and the Client.
Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window.
Service Availability: The total number of minutes in a calendar month that the Tyler Software is capable of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents, denial of service attacks and Force Majeure. Service Availability only applies to Tyler Software being used in the production environment.
Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard Maintenance is limited to five (5) hours per week.
III.
Service Availability
a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support case number. b. Our Responsibilities
When our support team receives a call from you that Downtime has occurred or is occurring, we will work
2 with you to identify the cause of the Downtime (including whether it may be the result of Planned Downtime, a Client Error Incident, denial of service attack or Force Majeure). We will also work with you to resume normal operations.
c.
Client Relief
Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief Schedule found below. Your relief credit is calculated as a percentage of the SaaS Fees paid for the calendar month.
In order to receive relief credits, you must submit a request through one of the channels listed in our Support Call Process within fifteen (15) days of the end of the applicable month. We will respond to your relief request within thirty (30) days of receipt.
The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the problem which created the service interruption.
Credits are only payable when Actual Attainment results in eligibility for credits in consecutive months and only for such consecutive months.
Client Relief Schedule
Actual Attainment Client Relief
99.99% - 99.70% Remedial action will be taken
99.69% - 98.50% 2% of SaaS Fees paid for applicable month
98.49% - 97.50% 4% of SaaS Fees paid for applicable month
97.49% - 96.50% 6% of SaaS Fees paid for applicable month
96.49% - 95.50% 8% of SaaS Fees paid for applicable month Below 95.50% 10% of SaaS Fees paid for applicable month
* Notwithstanding language in the Agreement to the contrary, Recovery Point Objective is one (1) hour.
IV. Maintenance Notifications
We perform Standard Maintenance during limited windows that are historically known to be reliably low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will provide advance notice of those windows and will coordinate to the greatest extent possible with you.
Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that activities during a Standard or Emergency Maintenance window may make the Tyler Software unavailable, we will provide advance notice, as reasonably practicable, that the Tyler Software will be unavailable during the maintenance window.
1 Exhibit D
Third-Party Terms
DocOrigin Terms. Your use of Tyler Forms software and forms is subject to the DocOrigin End User License Agreement available for download here: https://eclipsecorp.us/eula/. By signing a Tyler Agreement or Order Form including Tyler forms software or forms, or accessing, installing, or using Tyler Forms software or forms, you agree that you have read, understood, and agree to such terms.
ThinPrint Terms. Your use of Tyler Forms software and forms is subject to the End User License Agreement terms for ThinPrint Engine, ThinPrint License Server, and Connected Gateway found here: https://www.thinprint.com/en/legal-notes/eula/. By signing a Tyler Agreement or Order Form, or accessing, installing, or using Tyler Forms software or forms, you agree that you have read, understood, and agree to such terms.
1 Exhibit E
Statement of Work
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Colton, CA
SOW from Tyler Technologies, Inc.
8/11/2026
Presented to:
City of Colton
650 N La Cadena Dr
Colton, CA 92324
Contact:
Rich Boven
Email: [email protected]
1 Tyler Drive, Yarmouth, Maine 04096
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Table of Contents
PART 1: EXECUTIVE SUMMARY ............................................................................................................... 1 Project Overview ............................................................................................................................. 1 Introduction ........................................................................................................................................ 1 Project Goals ....................................................................................................................................... 1 Methodology ....................................................................................................................................... 1 PART 2: PROJECT FOUNDATION ............................................................................................................. 3 Project Governance ......................................................................................................................... 3 Project Scope Control ...................................................................................................................... 4 Managing Scope and Project Change ................................................................................................. 4 Change Control ................................................................................................................................... 4 Change Request Management ............................................................................................................ 4 Acceptance Process ......................................................................................................................... 6 Roles and Responsibilities ................................................................................................................ 6 Tyler Roles & Responsibilities ............................................................................................................. 6 Tyler Executive Manager ............................................................................................................. 7 Tyler Implementation Manager .................................................................................................. 7 Tyler Project Manager ................................................................................................................. 7 Tyler Implementation Consultant ............................................................................................... 8 Tyler Sales ................................................................................................................................... 9 Tyler Technical Services .............................................................................................................. 9 Tyler Data Experts ....................................................................................................................... 9 City Roles & Responsibilities ............................................................................................................... 9 City Executive Sponsor ................................................................................................................ 9 City Steering Committee ........................................................................................................... 10 City Project Manager ................................................................................................................ 10 City Functional Leads ................................................................................................................ 11 City Power Users ....................................................................................................................... 12 City End Users ........................................................................................................................... 12 City Technical Lead .................................................................................................................... 12 City Change Management Lead ................................................................................................ 13 PART 3: PROJECT PLAN ........................................................................................................................... 14 Project Stages ................................................................................................................................. 14 Initiate and Plan ................................................................................................................................ 15 Initial Coordination ................................................................................................................... 15 Project/Phase Planning ............................................................................................................. 16
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Infrastructure Planning ............................................................................................................. 17 Stakeholder Meeting ................................................................................................................. 18 This work package is not applicable. ......................................................................................... 19 Control Point 1: Initiate & Plan Stage Acceptance .................................................................... 19 Assess & Define ................................................................................................................................. 19 Solution Orientation.................................................................................................................. 19 Current & Future State Analysis ................................................................................................ 20 This work package is not applicable. ......................................................................................... 22 Data Assessment ....................................................................................................................... 22 Conversion Assessment ............................................................................................................ 23 Control Point 2: Assess & Define Stage Acceptance ................................................................. 24 Prepare Solution ............................................................................................................................... 24 Initial System Deployment ........................................................................................................ 25 Configuration ............................................................................................................................ 26 Process Refinement .................................................................................................................. 27 Conversion Delivery .................................................................................................................. 28 This work package is not applicable. ......................................................................................... 30 Control Point 3: Prepare Solution Stage Acceptance ................................................................ 30 Production Readiness ....................................................................................................................... 30 Solution Validation .................................................................................................................... 30 Go-Live Readiness ..................................................................................................................... 31 End User Training ...................................................................................................................... 32 Control Point 4: Production Readiness Stage Acceptance ........................................................ 33 Production ......................................................................................................................................... 34 Go-Live ...................................................................................................................................... 34 Transition to Client Services ...................................................................................................... 35 Post Go-Live Activities ............................................................................................................... 36 Control Point 5: Production Stage Acceptance ......................................................................... 37 Close .................................................................................................................................................. 37 Phase Closeout .......................................................................................................................... 38 Project Closeout ........................................................................................................................ 39 Control Point 6: Close Stage Acceptance .................................................................................. 40 General Assumptions ...................................................................................................................... 40 Project ............................................................................................................................................... 40 Organizational Change Management ............................................................................................... 40 Resources and Scheduling ................................................................................................................ 41 Data ................................................................................................................................................... 41 Facilities............................................................................................................................................. 42 Glossary ......................................................................................................................................... 43 PART 4: APPENDICES ............................................................................................................................... 46 Conversion ..................................................................................................................................... 46 Enterprise ERP Conversion Summary ............................................................................................... 46
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Accounting ................................................................................................................................ 46 Accounts Payable ...................................................................................................................... 46 Inventory ................................................................................................................................... 46 Purchase Orders ........................................................................................................................ 47 Additional Appendices ................................................................................................................ 47 This work package is not applicable.................................................................................................. 47 Project Timeline .......................................................................................................................... 48 ERP Project Timeline ......................................................................................................................... 48 This work package is not applicable.................................................................................................. 48
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Part 1: Executive Summary
Project Overview
Introduction
Tyler Technologies (“Tyler”) is the largest and most established provider of integrated software and technology services focused solely on the public sector. Tyler’s end-to-end solutions empower public sector entities including local, state, provincial and federal government, to operate more efficiently and connect more transparently with their constituents and with each other. By connecting data and processes across disparate systems, Tyler’s solutions transform how clients gain actionable insights that solve problems in their communities.
Project Goals
This Statement of Work (“SOW”) documents the methodology, implementation stages, activities, and roles and responsibilities, and project scope listed in the Investment Summary of the Agreement between Tyler and the City (collectively the “Project”).
The overall goals of the project are to:
Successfully implement the contracted scope on time and on budget Increase operational efficiencies and empower users to be more productive Improve accessibility and responsiveness to external and internal customer needs Overcome current challenges and meet future goals
Methodology
This is accomplished by the City and Tyler working as a partnership and Tyler utilizing its depth of implementation experience. While each Project is unique, all will follow Tyler’s six-stage methodology. Each of the six stages is comprised of multiple work packages, and each work package includes a narrative description, objectives, tasks, inputs, outputs/deliverables, assumptions, and a responsibility matrix.
Tailored specifically for Tyler’s public sector clients, the project methodology contains Stage Acceptance Control Points throughout each Phase to ensure adherence to scope, budget, timeline controls, effective communications, and quality standards. Clearly defined, the project methodology repeats consistently across Phases, and is scaled to meet the City’s complexity and organizational needs.
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The methodology adapts to both single-phase and multiple-phase projects.
To achieve Project success, it is imperative that both the City and Tyler commit to including the necessary leadership and governance. During each stage of the Project, it is expected that the City and Tyler Project teams work collaboratively to complete tasks. An underlying principle of Tyler’s Implementation process is to employ an iterative model where the City’s business processes are assessed, configured, validated, and refined cyclically in line with the project budget. This approach is used in multiple stages and work packages as illustrated in the graphic below.
The delivery approach is systematic, which reduces variability and mitigates risks to ensure Project success. As illustrated, some stages, along with work packages and tasks, are intended to be overlapping by nature to complete the Project efficiently and effectively.
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Part 2: Project Foundation
Project Governance
Project governance is the management framework within which Project decisions are made. The role of Project governance is to provide a decision-making approach that is logical, robust, and repeatable. This allows organizations to have a structured approach for conducting its daily business in addition to project related activities.
This section outlines the resources required to meet the business needs, objectives, and priorities for the Project, communicate the goals to other Project participants, and provide support and guidance to accomplish these goals. Project governance defines the structure for escalation of issues and risks, Change Control review and authority, and Organizational Change Management activities. Throughout the Statement of Work Tyler has provided RACI Matrices for activities to be completed throughout the implementation which will further outline responsibilities of different roles in each stage. Further refinement of the governance structure, related processes, and specific roles and responsibilities occurs during the Initiate & Plan Stage.
The chart below illustrates an overall team perspective where Tyler and the City collaborate to resolve Project challenges according to defined escalation paths. If project managers do not possess authority to determine a solution, resolve an issue, or mitigate a risk, Tyler implementation management and the City Steering Committee become the escalation points to triage responses prior to escalation to the City and Tyler executive sponsors. As part of the escalation process, each Project governance tier presents recommendations and supporting information to facilitate knowledge transfer and issue resolution. The City and Tyler executive sponsors serve as the final escalation point.
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Project Scope Control
Managing Scope and Project Change
Project Management governance principles contend that there are three connected constraints on a Project:
budget, timeline, and scope. These constraints, known as the “triple constraints” or project management triangle, define budget in terms of financial cost, labor costs, and other resource costs. Scope is defined as the work performed to deliver a product, service or result with the specified features and functions, while time is simply defined as the schedule. The Triple Constraint theory states that if you change one side of the triangle, the other two sides must be correspondingly adjusted. For example, if the scope of the Project is increased, cost and time to complete will also need to increase. The Project and executive teams will need to remain cognizant of these constraints when making impactful decisions to the Project. A simple illustration of this triangle is included here, showing the connection of each item and their relational impact to the overall Scope.
A pillar of any successful project is the ability to properly manage scope while allowing the appropriate level of flexibility to incorporate approved changes. Scope and changes within the project will be managed using the change control process outlined in the following section.
Change Control
It may become necessary to change the scope of this Project due to unforeseeable circumstances (e.g., new constraints or opportunities are discovered). This Project is being undertaken with the understanding that Project scope, schedule, and/or cost may need to change to produce optimal results for stakeholders.
Changes to contractual requirements will follow the change control process specified in the final contract, and as described below.
Change Request Management
Should the need for a change to Project scope, schedule, and/or cost be identified during the Project, the change will be brought to the attention of the Steering Committee and an assessment of the change will occur. While such changes may result in additional costs and delays relative to the schedule, some changes may result in less cost to the City; for example, the City may decide it no longer needs a deliverable originally defined in the Project. The Change Request will include the following information:
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The nature of the change.
A good faith estimate of the additional cost or associated savings to the City, if any. The timetable for implementing the change.
The effect on and/or risk to the schedule, resource needs or resource responsibilities.
The City will use its good faith efforts to either approve or disapprove any Change Request within ten (10) Business Days (or other period as mutually agreeable between Tyler and the City). Any changes to the Project scope, budget, or timeline must be documented and approved in writing using a Change Request form. These changes constitute a formal amendment to the Statement of Work and will supersede any conflicting term in the Statement of Work.
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Acceptance Process
The implementation of a Project involves many decisions to be made throughout its lifecycle. Decisions will vary from higher level strategy decisions to smaller, detailed Project level decisions. It is critical to the success of the Project that each City office or department designates specific individuals for making decisions on behalf of their offices or departments.
Both Tyler and the City will identify representative project managers. These individuals will represent the interests of all stakeholders and serve as the primary contacts between the two organizations.
The coordination of gaining City feedback and approval on Project deliverables will be critical to the success of the Project. The City project manager will strive to gain deliverable and decision approvals from all authorized City representatives. Given that the designated decision-maker for each department may not always be available, there must be a designated proxy for each decision point in the Project. Assignment of each proxy will be the responsibility of the leadership from each City department. The proxies will be named individuals that have the authorization to make decisions on behalf of their department.
The following process will be used for accepting Deliverables and Control Points:
The City shall have ten (10) business days from the date of delivery, or as otherwise mutually agreed upon by the parties in writing, to accept each Deliverable or Control Point. If the City does not provide acceptance or acknowledgement within ten (10) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted.
If the City does not agree the Deliverable or Control Point meets requirements, the City shall notify Tyler project manager(s), in writing, with reasoning within ten (10) business days, or the otherwise agreed-upon timeframe, not to be unreasonably withheld, of receipt of the Deliverable. Tyler shall address any deficiencies and redeliver the Deliverable or Control Point. The City shall then have five (5) business days from receipt of the redelivered Deliverable or Control Point to accept or again submit written notification of reasons for rejecting the milestone. If the City does not provide acceptance within five (5) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted.
Roles and Responsibilities
The following defines the roles and responsibilities of each Project resource for the City and Tyler. Roles and responsibilities may not follow the organizational chart or position descriptions at the City, but are roles defined within the Project. It is common for individual resources on both the Tyler and City project teams to fill multiple roles. Similarly, it is common for some roles to be filled by multiple people.
Tyler Roles & Responsibilities
Tyler assigns a project manager prior to the start of each Phase of the Project (some Projects may only be one Phase in duration). Additional Tyler resources are assigned as the schedule develops and as needs arise.
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Tyler Executive Manager
Tyler executive management has indirect involvement with the Project and is part of the Tyler escalation process. This team member offers additional support to the Project team and collaborates with other Tyler department managers as needed to escalate and facilitate implementation Project tasks and decisions. Provides clear direction for Tyler staff on executing on the Project Deliverables to align with satisfying the City’s overall organizational strategy.
Authorizes required Project resources.
Resolves all decisions and/or issues not resolved at the implementation management level as part of the escalation process.
Acts as the counterpart to the City’s executive sponsor.
Tyler Implementation Manager
Tyler implementation management has indirect involvement with the Project and is part of the Tyler escalation process. The Tyler project managers consult implementation management on issues and outstanding decisions critical to the Project. Implementation management works toward a solution with the Tyler Project Manager or with City management as appropriate. Tyler executive management is the escalation point for any issues not resolved at this level. Assigns Tyler Project personnel.
Provides support for the Project team.
Provides management support for the Project to ensure it is staffed appropriately and staff have necessary resources.
Monitors Project progress including progress towards agreed upon goals and objectives.
Tyler Project Manager
The Tyler project manager(s) provides oversight of the Project, coordination of Tyler resources between departments, management of the Project budget and schedule, effective risk, and issue management, and is the primary point of contact for all Project related items. As requested by the City, the Tyler Project Manager provides regular updates to the City Steering Committee and other Tyler governance members. Tyler Project Manager’s role includes responsibilities in the following areas:
Contract Management
Validates contract compliance throughout the Project. Ensures Deliverables meet contract requirements.
Acts as primary point of contact for all contract and invoicing questions. Prepares and presents contract milestone sign-offs for acceptance by the City project manager(s). Coordinates Change Requests, if needed, to ensure proper Scope and budgetary compliance.
Planning
Delivers project planning documents.
Defines Project tasks and resource requirements.
Develops initial Project schedule and Project Management Plan. Collaborates with the City project manager(s) to plan and schedule Project timelines to achieve on- time implementation.