HomeMy WebLinkAbout24-072 - Infrastructure Management Services - 2024 Pavement Condition Index (PCI) StudyCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 24-072
Council Approval 6/3/24
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and International Cybernetics Company, LP (ICC) d/b/a Infrastructure
Management Services, hereinafter referred to as "the Consultant", in consideration of the mutual
benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform 2024 PCI Study
services in connection with the project titled 2024 PCI Study.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending February 2025, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than February 2025 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $52,890.00 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances
and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of
this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage provided
by such insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000,000 per accident. Automobile Liability insurance
shall cover all owned, non-owned, hired and leased vehicles. Coverage shall be
written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop-gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
CA revised May 2020
Page 2
4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability maintained by
the Contractor, irrespective of whether such limits maintained by the Contractor are greater
than those required by this Contract or whether any certificate of insurance furnished to
the Public Entity evidences limits of liability lower than those maintained by the Contractor.
C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they shall
be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance
pool coverage maintained by the City shall be excess of the Consultant's insurance and
shall not be contributed or combined with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. Verification of Coverage. Consultant shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Contractor
before commencement of the work. Upon request by the City, the Consultant shall furnish
certified copies of all required insurance policies, including endorsements, required in this
Agreement and evidence of all subcontractors' coverage.
F. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to the
Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to deduct
from the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
CA revised May 2020
Page 3
11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin,
age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation,
the presence of any disability, or any other protected class status under state or federal law,
in the selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days
written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement between
surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically understand and agree
that venue shall be properly laid in King County, Washington. The prevailing party in any such
action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising
from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severability and Survival. If any term, condition or provision of this Agreement is declared
void or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall remain fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the
completion, expiration or cancellation of this Agreement, shall survive termination of this
Agreement.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
IMS Infrastructure Management Services
10630 75th St
Largo, FL 33777
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
CA revised May 2020
Page 4
DATED this 7th day of June , 20 24
CITY OF TUKWILA CONSULTANT:
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Thomas McLeod, Mayor 6/7/2024 I 9:07 AM PDT
ATTEST/AUTHENTICATED:
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Andy Youn, City Clerk
APPROVED AS TO FORM:
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Office of the City Attorney
CA revised May 2020
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Digitally signed by John Till
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ims.com
Date: 2024.05.21 11:19:33 -04'00'
Printed Name: John Till
Title: CFO
Page 5
IMS
an ICC Company
CONTRACT AGREEMENT
International Cybernetics Company, LP
I MS Infrastructure Management Services
10630 75" Street North, Largo, FL 33777
Phone- (727) 547-0696 vv+Awimsanalvsis com
THIS CONTRACT AGREEMENT ("Contract") is entered into on the day of , by and between:
International Cybernetics Company, LP (ICC) d/b/a Infrastructure Management Services ("Consultant")
with its principal office at 10630 75th Street North, Largo, FL 33777, Phone: 727-547-0696 and
City of Tukwila, Washington with its principal offices at 6200 Southcenter Blvd, Tukwila, WA 98188
Phone: (206) 433-1800 ("Client"). Consultant and Client may hereinafter be referred to collectively as
the "Parties."
RECITALS
WHEREAS, Consultant agrees to fulfill and perform the work as set forth under Scope of Work above,
and Client agrees to fulfill its obligations including providing information required for project setup and
compensating the Consultant as set forth under Pricing above;
NOW, THEREFORE, the Parties hereto, intending to be legally bound, do hereby agree that the Scope of
Work and Pricing above accurately reflect the work to be performed and the price to be paid, and
The Parties accept the standard Terms and Conditions of sale as described in the attached, below, and
The Parties agree that any modifications to the Scope of Work or Pricing will be agreed to in writing and
explicitly acknowledged by both Parties in order to be binding, and
The Parties agree that any Agency, current or future, within the same state shall be allowed to
participate in this agreement during the life of the contract, even if it is not listed amongst the
solicitation participants. While this clause in no way commits an Agency to purchase from Agency's
awarded contractor, nor does it guarantee any additional orders will result, it does allow Agencies, at
their discretion, to make use of Agency's competitive process (provided said process satisfies their own
procurement guidelines) and purchase directly from the awarded contractor. All purchases made by
other Agencies shall be understood to be transactions between that Agency and the awarded vendor;
the Agency shall not be responsible for any such purchases.
IN WITNESS WHEREOF, this Contract is entered into as of the day and year written above. The Client
and Consultant hereby represent and warrant to each other that each of the signers below have the
right, power, legal capacity, and authority to enter into and bind the corresponding organization to
perform its obligations under this Contract, and that the signature and execution of this Contract has
been duly authorized.
Reference Exhibit A for scope of work and fees, a total of $52, 890.00
International Cybernetics Company, LP City of Tukwila, Washington
d/b/a IMS Infrastructure Management Services
Date:
By:
Printed Name: Michael Nieminen
Title: CEO
6/7/2024 1 9:07 AM PDT
Date:
,--DocuStgned by
By: ffaviVIS (i4 L.
OS
Printed Name: Thomas McLeod
Title: Mayor
1 of 1
Tukwila, Washington
Tukwila -WA [2024 LCMS >ESA]_23-10-03234
Standard Terms and Conditions of Sale
Updated October 73, 2023
1. DEFINITIONS
a. In these Terms and Conditions of Sale, "Seller" means International Cybernetics
Company, LP and IMS Infrastructure Management Services, LP; and
b. "Buyer" means the person, firm, organization, or corporation by whom the purchase
order is given.
c. "Products" means equipment, parts, and software sold by Seller.
d. "Services" means data collection, processing, analysis, consulting, training, and similar
activities performed by Seller for the Buyer.
2. THE CONTRACT
a. All purchase orders must be received in writing and are accepted subject to these
Terms and Conditions of Sale. No terms or conditions put forward by Buyer and no
representations, warranties, guarantees or other statements not contained in Seller's
quotation or Acknowledgement of Order nor otherwise expressly agreed in writing by
Seller shall be binding on Seller.
b. The Contract shall become effective only upon the date of acceptance of Buyer's order.
For Services, such acceptance will be by a mutually executed contract, task order,
notice to proceed, and all necessary Buyer -provided deliverables to allow the Seller to
perform on contract, such as road network definition (GIS), analysis parameters, etc., or
upon the date of fulfilment of all conditions stipulated in the Contract (the "Effective
Date").
c. No alteration or variation to the Contract shall apply unless agreed in writing by both
parties. However, Seller reserves the right to effect minor modifications and/or
improvements to the final deliverables of services before delivery provided that the
performance of the services is not adversely affected.
d. The Buyer, having taken full note of the characteristics of the products and services sold
by Seller, particularly on the basis of the indications provided in documentation,
catalogues and, where applicable, during presentations given by Seller, has satisfied
itself as to the suitability of the products and services for its own needs. Where it has
not contacted Seller for any additional details prior to the acceptance of the order, the
Buyer acknowledges that it has been adequately informed.
3. VALIDITY OF MUTATION AND PRICES
a. Unless previously withdrawn, Seller's quotation is open for acceptance within the period
stated therein or, when no period is so stated, within sixty (GO) days after its date.
b. Prices are firm for delivery within the period stated in Seller's quotation and are
exclusive of (i) Sales Tax and (ii) any similar and other taxes, duties, levies or other like
charges arising outside the State of Florida in connection with the performance of the
Contract.
4. PAYMENT
a. Payment shall be made according to the Seller's standard payment terms, unless
defined otherwise in the Contract. Standard payment terms for Services are monthly
progress payments based on services rendered during the month at the unit prices
defined in the Contract. Invoices for Services will be dated on or before the last day of
each month.
b. Payment shall be made: (i) in full without set-off, counterclaim or withholding of any kind
(save where and to the extent that this cannot by law be excluded); and (ii) in the
currency of Seller's order confirmation within thirty days of date of invoice unless
otherwise specified by Seller's Finance Department.
c. Without prejudice to Seller's other rights, Seller reserves the right to: (i) charge
interest on any overdue sums at I% per month during the period of delay; (ii) suspend
performance of the Contract (including withholding shipment) in the event that Buyer
fails or in Seller's reasonable opinion it appears that Buyer is likely to fail to make
payment when due under the Contract or any other contract; and (iii) at any time
require such reasonable security for payment as Seller may deem reasonable.
5. DELIVERY PERIOD
a. Unless otherwise stated in Seller's order confirmation, all periods stated for delivery or
completion are measured from the Effective Date and are to be treated as estimates
only not involving any contractual obligations or liability.
b. Delivery of Services within the estimated timeframe depends upon the Seller's existing
project commitments, fleet schedule, resource availability, access to the roads to be
collected, and good weather (dry roads, temperatures above freezing). Any delays due
to these variables may affect the delivery/completion period but shall not affect the
Contract Price.
c. Assumes assets to be collected are in the public right-of-way and unobscured from the
line -of -sight of the data collection vehicle's cameras (ex: no significant vegetation or
overgrowth, damaged, or vehicle obstruction). On two lane roads the 3GO-
degree camera will capture assets in the direction of travel, and the 3GO-
degree camera will capture the assets in the opposite direction. Therefore, only one
pass will be required on these streets. Streets with more than two lanes may
require additional passes depending on the number of lanes or division of lanes by
median island.
d. If Seller is delayed in or prevented from performing any of its obligations under the
Contract due to the acts or omissions of Buyer or its agents (including but not limited to
failure to provide specifications, working drawings, road network definition (GIS),
analysis parameters, and/or such other information as Seller reasonably requires to
proceed expeditiously with its obligations under the Contract), the delivery/completion
period and the Contract Price shall both be adjusted accordingly.
e. If delivery of Services is delayed due to any act or omission of Buyer, having been
notified that Seller is awaiting the completion of Buyer's obligations, Seller shall be
entitled to place the project on hold and cease further work on the project until such
time that the obligations are met. Upon placing the project on hold, the Seller shall be
entitled to invoice Buyer for all work completed to date including for partially -completed
data collection, processing, or analysis and for undelivered data.
G. FORCE MAJEURE
a. Force Majeure of any kind, unforeseeable production, traffic or shipping disturbances,
war, acts of terrorism, fire, floods, unforeseeable shortages of labor, utilities or raw
materials and supplies, strikes, lockouts, pandemics, acts of government, restrictions on
travel, and any other hindrances beyond the control of the party obliged to perform
which diminish, delay or prevent production, shipment, acceptance or use of the
performed services/provided data, or make it an unreasonable proposition, shall relieve
the party from its obligation to supply or reasonably accept, as the case may be, as long
as and to the extent that the hindrance prevails.
b. If, as a result of the hindrance, supply and/or acceptance is delayed by more than eight
weeks, either party shall have the right to cancel the contract. Should the Seller's
suppliers fail to supply him in whole or in part, the Seller shall not be under obligation to
purchase from other sources. In such cases, the Seller shall have the right to distribute
the available quantities among his customers as Seller deems fit.
c. If, as a results of the hindrance, planned in-person or on-site visits by Seller staff for
assembly, installation, implementation, training, or meetings are prevented or become
impractical, Seller shall be relieved from such contract requirements. Seller shall make
all reasonable efforts to complete assembly and installation at another suitable location
provided the Buyer supplies any prerequisite equipment or material at such alternate
location. Seller shall also provide any implementation or training services, and attend
meetings, virtually or online to the maximum extent possible to satisfy the intent of the
contract.
7. SOFTWARE
a. Any published computer program, regardless of its form and the way in which it is
provided to the Buyer, is protected by intellectual property rights owned by Seller. The
Buyer benefits from a personal, non-exclusive, non -transferable usage and/or
consultation right for its own needs, in accordance with the terms set out in the
corresponding license. The usage right is conditional on the compliance with the terms
appearing on the Buyer End User License Agreement (EULA). It is the responsibility of
the Buyer to make itself fully aware of its rights and obligations referred to in the EULA
and to comply with them. In the event of the blockage or disabling of the software as a
10630 75th Street North 0 Largo, FL 33777 0 ) +1 (727) 547-0696 0 www.internationalcybernetics.com
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Tukwila, Washington
Tukwila -WA [2024 LCMS >ESA]_23-10-03234
result of user non-compliance with the rights acquired, Seller will send to the Buyer, on
request by the latter, a commercial proposal to enable it to regularize its licensing
rights, either by acquiring rights for additional users or for the number of simultaneous
connections required for the usage of the software. The database and software licenses
from third -party publishers, such as Microsoft, Pavemetrics, FLIR, or others, supplied
where applicable by Seller to the Buyer under the terms of the order concerned, must
only be used by the Buyer strictly within the framework of the utilization of the Seller
software packages and the license contracts from the respective publishers of the
software concerned (see in particular www.microsoft.com for SOL Server, eft.). The use
of these databases and/or technologies is intended for the exclusive use of the
associated Seller software applications.
b. The Buyer shall be solely responsible for the implementation of any necessary
procedures and measures intended to protect and to back-up its data and to prevent
any virus or IT intrusions. It will be responsible for using appropriate media and back-up
tools, or regularly checking them and carrying out frequent back-up operations
appropriate to its activities. Prior to any software updates or technical intervention by
Seller, the Buyer undertakes to carry out a back-up of all its data and databases.
c. Any software will be put into service by Seller as part of a service provided for in the
Buyer's order.The installation of the software can only be carried out if the IT
equipment, operating systems, and network supplied by the Buyer (i) possess
characteristics in conformity with the recommendations issued by Seller; (ii) configured
in accordance with the standards published by Seller; (iii) operate normally at the time
of the installation and are free of any viruses or pirated software. The Buyer shall have
sole responsibility for any partial or total damage or loss of information, and for the
costs incurred by the repairs in the event of a breakdown or other incident. Any
intervention made impossible once the Seller is in the Buyer's premises, as a result of
the non-compliance of one or more of these items with the characteristics referred to
above, shall nevertheless be invoiced at the quoted prices and due to be paid in full by
the Buyer. Additional visits or interventions required will incur additional fees.
d. In the event that the Buyer wants a Seller software package to load data from another
application or database (a third -party program or data source, etc.), Seller will proceed
with the transfer of the data based on a prior order from the Buyer for the
corresponding service. The responsibility of Seller shall be limited to the receipt of the
Buyer's data, as Seller cannot be responsible for verifying the accuracy, quality, or
fitness for purpose of the data or for guaranteeing that the data can be imported
correctly or completely. The Buyer, having sole knowledge of its data, shall be obliged to
verify, after completion of the data migration into the Seller packages, that it conforms
to its expectations; it shall have a maximum deadline of 15 days following their receipt, to
notify Seller in writing of any errors or omissions noted during its verification. The
processing of any requests for modifications by the Buyer notified to Seller beyond this
deadline will only be able to be carried out under the terms of a new order from the
Client.
e. In order to benefit from upgrades and enhancements to the software that may be made
by Seller, the Buyer must pay annual license fees for the software (maintenance
contract). In this regard, there will be no obligation on Seller to adapt its software in
such a way as to allow the utilization by the Buyer of systems, equipment or
consumables supplied by a third party and/or non-compliance with Buyer's
specifications. The provision of the updated versions of the software packages in
application of the contract subscribed by the Buyer shall be carried out online. It is the
responsibility of the Buyer to take note of the rights and obligations referred to in the
contract corresponding to the service(s) subscribed for and to comply therewith.
f. The Client shall benefit from technical support for the software packages via the paid
annual license fees. Training, consulting, and assistance in the appropriate utilization of
the software shall be paid separately by means of an appropriate order for Services. It
is the responsibility of the Client to take note of the rights and obligations referred to in
the maintenance and service contracts and to comply therewith.
Except in cases where Seller is expressly subject to an obligation to perform, in view of
standard practices within its profession, Seller, which undertakes to take all possible
care with the execution of its obligations, is subject to an obligation of resources. The
products and services acquired from Seller will be used solely under the direction,
control and responsibility of the Buyer. Seller cannot be held liable for the consequences
of abnormal utilization, inadequate setup or misconfiguration, poor performance on
Buyer -supplied hardware, or any delay that is not the responsibility of Seller. The Buyer
is informed that Seller shall not be liable for the quality, availability, and reliability of
telecommunications networks, regardless of their nature, in the event of the transport
of data or access to the internet. Each party shall only be liable to the other for direct
losses that it has suffered as a result of any contractual failing by the other in meeting
its obligations arising from the order issued. Neither party shall be obliged to
compensate the other for any indirect losses, including in particular loss of income, loss
of sales revenues or opportunity costs, whether the latter were foreseeable or not. In
any event, the total liability of the Seller shall be limited to the value of the applicable
Products and Services paid for on the date of any action seeking its liability.
8. NON -SOLICITATION
a. During execution of this contract and for a period of two (2) years following the Delivery
Date, the Buyer will not, directly or indirectly, whether through an owner, partner,
shareholder, consultant, agent, employee, co -venturer or otherwise, or through any
other "person" (which, for purposes of this subsection, shall mean an individual, a
corporation, a partnership, an association, a joint-stock company, a trust, any
unincorporated organization, or a government or political subdivision thereof), hire or
attempt to hire any active employee or contractor of the Seller or any affiliate of the
Seller, assist in such hiring by any other person, or encourage any such employee to
terminate his relationship with the Seller or any affiliate of the Seller.
9. LIMITATION OF LIABILITY
a. Supplier's maximum aggregate liability for any and all losses, liabilities, expenses
(including legal expenses), damages, claims or actions incurred under or in connection
with a specific order or a particular blanket order issued, arising in or by virtue of
breach of contract, tort (including negligence), misrepresentation, breach of statutory
duty, strict liability, infringement of intellectual property rights or otherwise, shall in no
circumstances exceed a sum equal to the total price of the order in question.
ID. STATUTORY AND OTHER REGULATIONS
a. If Seller's obligations under the Contract shall be increased or reduced by reason of the
making or amendment after the date of Seller's quotation of any law or any order,
regulation or bylaw having the force of law that shall affect the performance of Seller's
obligations under the Contract, the Contract Price and delivery period shall be adjusted
accordingly and/or performance of the Contract suspended or terminated, as
appropriate.
II. COMPLIANCE WITH LAWS
a. Buyer agrees that all applicable import, export control and sanctions laws, regulations,
orders and requirements, as they may be amended from time to time, including without
limitation those of the United States, Canada, the European Union and the jurisdictions in
which Seller and Buyer are established or from which items may be supplied, and the
requirements of any licenses, authorizations, general licenses or license exceptions
relating thereto will apply to its receipt and use of services provided.
b. Buyer agrees furthermore that it shall not engage in any activity that would expose the
Seller to a risk of penalties under laws and regulations of any relevant jurisdiction
prohibiting improper payments, including but not limited to bribes, to officials of any
government or of any agency, instrumentality or political subdivision thereof, to political
parties or political party officials or candidates for public office, or to any employee of
any customer or supplier. Buyer agrees to comply with all appropriate legal, ethical and
compliance requirements.
12. DEFAULT, INSOLVENCY AND CANCELLATION
a. Seller shall be entitled, without prejudice to any other rights it may have, to cancel the
Contract forthwith, wholly or partly, by notice in writing to Buyer, if (i) Buyer is in default
of any of its obligations under the Contract and fails, within 3D (thirty) days of the date
of Seller's notification in writing of the existence of the default, either to rectify such
default if it is reasonably capable of being rectified within such period or, if the default is
not reasonably capable of being rectified within such period, to take action to remedy
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ii of iii
Tukwila, Washington
Tukwila -WA [2024 LCMS >ESA]_23-10-03234
the default or (ii) on the occurrence of an Insolvency Event in relation to Buyer. In the
event of cancellation, Buyer shall be responsible for all payments to the Seller for any
deliveries completed and milestones met up to the date of termination.
b. Buyer shall be entitled, without prejudice to any other rights it may have, to cancel the
Contract forthwith, wholly or partly, by notice in writing to Seller, if (i) Seller is in default
of any of its obligations under the Contract and fails, within 30 (thirty) days of the date
of Buyer's notification in writing of the existence of the default, either to rectify such
default if it is reasonably capable of being rectified within such period or, if the default is
not reasonably capable of being rectified within such period, to take action to remedy
the default or (ii) on the occurrence of an Insolvency Event in relation to Seller. In the
event of cancellation, Buyer shall be responsible for all payments to the Seller for any
deliveries completed and milestones met up to the date of termination.
c. "Insolvency Event" in relation to Buyer means any of the following: (i) a meeting of
creditors of Buyer being held or an arrangement or composition with or for the benefit
of its creditors being proposed by or in relation to Buyer; (ii) a charge holder, receiver,
administrative receiver or similar person taking possession of or being appointed over
or any distress, execution or other process being levied or enforced (and not being
discharged within seven days) on the whole or a material part of the assets of Buyer;
(iii) Buyer ceasing to carry on business or being unable to pay its debts; (iv) Buyer or its
directors or the holder of a qualifying floating charge giving notice of their intention to
appoint, or making an application to the court for the appointment of , an administrator;
(v) a petition being presented (and not being discharged within 28 days) or a resolution
being passed or an order being made for the administration or the winding -up,
bankruptcy or dissolution of Buyer; or (vi) the happening in relation to Buyer of an event
analogous to any of the above in any jurisdiction in which it is incorporated or resident
or in which it carries on business or has assets. Seller shall be entitled to recover from
Buyer or Buyer's representative all costs and damages incurred by Seller as a result of
such cancellation, including a reasonable allowance for overheads and profit (including
but not limited to loss of prospective profits and overheads).
13. DATA RETENTION
a. This section defines the Seller's data retention policy for Services projects. The data
collected by the IrisPRO Pave takes up over G GB per mile (Raw) and 3 GB per mile
(Processed). Data storage costs are significant for this volume of data. Therefore, Seller
has implemented a data retention policy to clarify its standard operating procedure.
b. Definitions
c. "Raw data" - Sensor data collected by the collection vehicle that is saved in proprietary
formats and cannot be used directly. This includes .drive files, PGR files, and FIS files.
d. "Processed data" - Data that has been transformed into usable formats by the Connect
software. This includes CSV, XLSX, SHP, GOB, and JPG files.
e. "Data Acceptance" — Buyer acceptance of delivered data and confirmation that
deliverables meet the project requirements.
f. Policy
g. Seller will provide a quotation for hosting of any collected data for any duration upon
request.
h. Seller will retain Raw data for 3 months beyond Data Acceptance, unless the client
confirms in writing that Seller should store the data longer and confirms that client will
pay for the additional hosting costs. Beyond this time, Seller may delete the Raw data
without further notice. After the Raw data has been deleted, reprocessing of the sensor
data will not be possible. For example, crack detection cannot be run with different
settings, and new image views cannot be extracted from the Ladybug camera.
i. Seller will retain Processed data for 15 months beyond Data Acceptance, unless the
client confirms in writing that Seller should store the data longer and confirms that
client will pay for the additional hosting costs. This timeframe allows Seller to perform
year-to-year analysis and comparisons provided that the same roads are collected
annually. Beyond this time, Seller may delete the Processed data without further notice.
After the Processed data has been deleted, year-to-year analysis and comparisons will
be limited to data review only.
14. MISCELLANEOUS
a. No waiver by either party with respect to any breach or default or of any right or
remedy and no course of dealing, shall be deemed to constitute a continuing waiver of
any other breach or default or of any other right or remedy, unless such waiver be
expressed in writing and signed by the party to be bound.
b. If any clause, sub -clause or other provision of the Contract is invalid under any statute
or rule of law, such provision, to that extent only, shall be deemed to be omitted without
affecting the validity of the remainder of the Contract.
c. Buyer shall not be entitled to assign its rights or obligations hereunder without the prior
written consent of Seller.
d. Seller enters into the Contract as principal. Buyer agrees to look only to Seller for due
performance of the Contract.
15. WARRANTY
a. Seller warrants to Buyer that it will perform the services in a manner consistent with
that level of care and skill ordinarily exercised by members of the profession currently
practicing under similar conditions in the same locale. Seller makes no other warranties
or guarantees, expressed or implied, relating to Seller's services or software provided
by Itself or others, and consultant disclaims any implied warranties or warranties
Imposed by law, including warranties of merchantability and fitness for a particular
purpose.
h. REMOVED
c. The Contract shall in all respects be construed in accordance with the laws of the State
of Washington. All disputes arising out of the Contract shall be subject to the exclusive
jurisdiction of the courts of the State of Washington and King County of WA.
d. The headings to the Clauses and paragraphs of the Contract are for guidance only and
shall not affect the interpretation thereof.
e. All notices and claims in connection with the Contract must be delivered in writing.
f. Unless mentioned to the contrary in writing, the Buyer authorizes Seller to cite its name
in its business references, websites, and social media.
g. The agreement term shall be one (1) year commencing on the Effective Date. The
agreement may he extended for additional consecutive terms, not to exceed a total
of five (5) years, subject to appropriations and the mutual agreement of Consultant
and the Client.
IG. INSURANCE
a. Consultant shall maintain liability insurance in the following minimum limits:
• Comprehensive General Liability Insurance (bodily injury and property damage)
• Combined Single Limit Per Occurrence $ IDAHO
• General Aggregate $ 2,000,000*
• Commercial General Liability Insurance
(bodily injury and property damage)
• General limit per occurrence $ LOOO,OOO
• General limit project specific aggregate $ 2,000,000
• Automobile Liability Insurance
• $ LOOO,OOO
• Workers' Compensation at statutory limits
* General aggregate per year, or part thereof, with respect to losses or other acts or
omissions of Consultant under this Agreement.
10630 75th Street North 0 Largo, FL 33777 0 ) +1 (727) 547-0696 0 www.internationalcybernetics.com
iii of iii
City of Tukwila
IMS Pavement Management Program Update
EXHIBIT 'A'
IMS
an ICC Company
Quote for Professional Services
Pavement Management Program Update
David Baus 1 Project Manager
City of Tukwila, Washington
May 2, 2024
International Cybernetics Company, LP dba
IMS Infrastructure Management Services
Jim Tourek, Client Services Manager
imsanalysis.com
City of Tukwila
Pavement Management Services
1M-
nICCCnrnpny
IMS Today and Pavement Management Services Offered
IMS Infrastructure Management Services, LP is pleased to submit a quotation to update the City's
pavement management program. IMS is an industry leader with 38 years of pavement and asset
management experience. Since our founding in 1985, we have provided similar services to more than
1,000 municipalities across the United States. Collectively, the IMS engineering team brings more than
350 years of pavement and asset management experience to the table.
IMS brings significant regional
experience and expertise to meet the
City's pavement condition
assessment, right-of-way asset, and
software integration. As we
understand from the 2020 project,
the City of Tukwila currently
maintains approximately 90
centerline miles of roadway. IMS has
performed objective pavement data
collection for similar agencies such as
Arlington, Auburn, Bainbridge Island,
Bellevue, Bellingham, Bonney Lake,
Bremerton, Des Moines, Edmonds,
Federal Way, Federal Way Link
Extension, Issaquah, Kitsap County,
Longview, Lynnwood, Marysville, Mason County, Mill Creek, Mercer Island, Pasco, Port Orchard, SeaTac,
Seattle, Snohomish County, Spokane Valley, Tacoma, Tukwila, University Place, Yakima, Yakima County,
and more in Washington. To ensure adequate coverage across the network the Road Surface Tester
(RST) typically surveys the arterial and collector roadways in each direction while testing the residential
roadways in a single direction, but for the revised quote we're proposing all paved roads surveyed in
both directions, for a survey mileage of an IMS estimated 180 miles survey miles. The RST is equipped
with a Laser Crack Measuring System 2 (LCMS-2) that is the most technologically advanced data
collection equipment available in the industry.
In addition to our recent experience in the area, it is worth noting that the IMS team has grown
significantly since 2019, both in staffing and equipment. In 2021, we appointed a new Principal Engineer
and President, Kurt Keifer, PhD, PE. Kurt (based in Austin, TX) brings over 20 years of experience to
projects, and his background is at the core of the industry, with experience working for the US Army
Corps of Engineers and developing the ASTM D6433 protocols.
We have added six pavement engineers and nine GIS analysts to our team along with five state-of-
the-art Road Surface Testers (RST) equipped with the latest 3D Laser Crack Measurement System
(LCMS-2) technology. We have also added Fast Falling Weight Deflectometer (FastFWD) pavement
structural testing equipment along with mobile Lidar technology for asset inventories and ADA
sidewalk and ramp compliance surveys. The combination of our larger technical team and fleet of
testing equipment provides IMS with greater capacity and redundancy for completing larger projects in
a timelier manner.
Members of the IMS Engineering, Technical and Sales Teams at our December
2022 in-service meeting week.
We are confident that IMS will be the ideal partner to ensure that the City achieves its project goals,
given our past successful work with the City, our significant regional experience, and our possession of
the largest fleet of advanced pavement data collection systems in the United States.
IMS Infrastructure Management Services, LP 1
City of Tukwila
Pavement Management Services
1M-
nICCCnrnpny
Project Overview
Scope of Work
The IMS project approach for pavement condition and asset inventory projects typically follows the
seven steps shown in the graphic below. In this section, we detail the specific tasks and milestones that
will be required for the successful completion of this project.
1. Project
Kickoff
O7
OO7
7
cicd7
2. GIS
3. Data
Collection
Ai>
4. Data
Processing
5. Data
Analysis &
Reporting
LI CI
6. Other
Tasks
_tom
—
o
0 —
7. Project
Completion
IMS assigns seasoned pavement engineers as the project managers for all our projects. We believe it is
imperative that the project manager have the requisite technical and domain knowledge — as well as
practical project management experience — to lead the team. Our project management process is based
on thorough planning, proactive management of schedules, and constant communication. The result of
effective project management is higher quality with respect to project deliverables and satisfied
stakeholders.
Kickoff Meeting
IMS has standardized a project approach based upon our 38 years of pavement management experience
and the subsequent lessons learned after performing hundreds of projects. Detailed conversations with
our clients allow us to tailor a solution to the specific needs of an individual municipality.
A prerequisite for a successful project is an initial project meeting with the City team members and the
IMS team. This early communication is critical to ensuring that we are fully aligned with the City's overall
vision for this project as well as the specific data needs for the City. Through this project initiation
process, we will prepare the project plan for overall implementation. The plan includes:
• Contacts and stakeholders
• Measurable tasks and milestones
• Project approach and specific data collection methods
• Allocation of resources, including personnel and equipment
• Deliverables and schedule
• Performance and schedule risks
IMS Infrastructure Management Services, LP 2
City of Tukwila
Pavement Management Services
IMS
an ICC Company
We will ensure that the plan remains current with any further data needs. Our Project Initiation Form
and GIS Setup Form are part of our process, where the outcome will include a final project plan and an
approved schedule in collaboration with the City's staff and stakeholders. This plan is established before
any data collection begins. Project requirements are incorporated in the two project success documents.
The project success documents ensure transparency and act as a reference point to ensure all
stakeholders are accounted for and involved.
GIS Survey Mapping
Our data collection plan relies on a complete and up to date GIS street centerline. Shortly after the kick-
off, our Esri GIS experts will review and update the City's street centerline data to ensure there is an
accurate inventory of streets to be surveyed. City review of the centerline data is a critical path activity
to ensure timely and accurate data collection. Once the inventory is confirmed by the City, the IMS team
will prepare the GIS maps that guide field data collection.
IMS will produce survey maps to clearly indicate where our equipment will travel to collect data. While
we would expect the City's GIS environment to be highly accurate, we find it valuable to ensure that we
are aware of exactly which roads are included in the project and that we discuss how to proceed with
roads, such as private roads that should not be collected. Any questions regarding the roadway network
will be resolved prior to data collection. IMS will also confirm the linkage of the road segmentation to
the City database and GIS, using the customer defined existing road segments.
Quality Management Plan (QMP)
Based on discussions with the City during the project
initiation and kickoff meetings, IMS will develop a project -
specific version of our standard QMP for this project. The
plan will address the following:
Phase 1. Project Planning — Before Data Collection
• Project team and schedule
• Equipment calibration and control sites
• Rater calibration
Phase 2. Project Execution — During Collection &
Processing
• Fast -tracked data collection, processing, and
reporting
• Production data collection and processing
• Routine equipment inspection and calibration
Phase 3. Data Delivery — Post Data Processing
• City acceptance and corrective action procedures
• Final data review
• Database delivery and technical memo
IMS
Quality Management Plan (QMP)
fn -the -field and in -the -office processes and procedures
IMS Infrastructure Management Semi , K«
S380 Doth Kyrena Road, suite 101
empe.ArIxnna85284
Phone: MO 8346367
IMS' standard Quality Management Plan (QMP)
document that is customized for each project.
New to the IMS Project Workflow: Our engineering team has worked extensively to improve the Al and
data processing algorithms of the LCMS-2 technology. This has resulted in more repeatability, improved
automation (quality and speed), and better data. Our stated goals are to continuously improve and build
upon the tools at our disposal to deliver the best data to our clients.
IMS Infrastructure Management Services, LP
3
City of Tukwila
Pavement Management Services
1M-
Pavement
Condition Survey
Our two -person field crews will collect both outward facing and downward facing pavement imagery,
using one of our RSTs equipped with LCMS-2 3D pavement imaging technology. Pavement surface
distresses including load cracking, block cracking, rutting, raveling, reflective cracking, loss of section,
bleeding, edge distress, and patched areas as well as right-of-way imagery will be collected on a
segment -by -segment basis, with each distress being captured by type, extent, and severity. The data
and imagery that is collected is then linked to the City's existing GIS data.
The LCMS-2 system is the highest resolution 3D pavement scanning technology available. Each LCMS-2
system relies on two downward -facing, high-resolution 3D cameras. Combined, the two 3D cameras
capture continuous downward imagery for more than a standard lane width. The cameras are coupled
with downward -facing lasers that provide constant and consistent illumination of the pavement surface
regardless of ambient lighting conditions. The impacts of shadows from trees, buildings, or simply
overcast sky conditions are eliminated by the laser illumination.
Safety Lighting
Front and taock taring
noshing lights ensure
high visibility.
Right -of Way (ROW)
Imagery
High resolution, 36c
cameras
CPS Positioning
OPS with integrated
IMU, sub meter
positional accuracy
Pavement Distress
imaging
LCUS-2 continuous
3t] imo91n9. lmm
resolution
Linear Distance
Positioning
DMl tor precise
linear distance
measurements
Texture
Continuous
surtacc toxturo
measurements
IMS Road Surface Tester (RST) equipped with Laser Crack Measurement System (LCMS-2)
(Note: IMS has five RST LCMS-2 equipped systems dedicated to municipal pavement management.)
Putting
Continuous lull -
lane -width rutting
measurements
Roughness
Continuous right
and left wheel
path roughness
measurements
The 3D cameras can detect one -millimeter -wide cracks and full -lane -width rutting, as required by ASTM
D6433, on the pavement surface at speeds up to 65 mph. Due to the versatility of the LCMS-2
technology, the automated pavement condition survey will be performed at posted speeds, and traffic
control will not be necessary for the data collection effort. Pavement data collection and imagery
surveys are expected to progress at a rate of between 35 and 50 miles per day for the City.
IMS Infrastructure Management Services, LP 4
City of Tukwila
Pavement Management Services
1M-
nICCCnrnpny
The IMS team then processes the collected data using a combination of advanced analytical tools and
rigorous, manual QC/QA performed by IMS' certified Pavement Condition Index (PCI) raters to
determine accurate and repeatable PCI values for each roadway segment. Furthermore, we deliver our
PCI ratings and supporting data (distress information, rutting, and
IRI values) in both spreadsheet and GIS formats for easy review.
The data that we provide may be used immediately for decision
making or be imported into any pavement management system.
Any distresses that are not captured by the automated LCMS-2
system will be captured by our trained in -vehicle distress raters.
The automated data is supplemented by information collected by
the second crew person in the van using a mobile mapping solution
known as NOMAD'. The NOMADTM file format is part of IMS'
unique approach to pavement condition surveys. The NOMADTM
files contain useful information for our field crews, including
direction routing information and one -pass versus two -pass data
collection instructions, and allow our trained field staff to capture
additional condition and inspection information that is used by our
QC/QA team to validate condition data.
During data collection, IMS implements routines that are
performed each day of data collection to ensure data consistency.
These include:
IMS' customizable touchscreen NOMAD'"
interface for entering notes and
supplemental field data.
• Equipment is calibrated, and daily reports are completed.
• All sensors are continually monitored to ensure they are receiving data within specification.
• The Crew Chief and operator manually monitor the HD digital images, GPS, distress recorder,
roughness measurements, and rutting data.
• Each street is noted on the inventory and map, as well as through GPS and assignment of the
RST van number.
• Production is tracked and records of coverage are
documented.
• A corrective action plan is followed, as necessary.
• All data is backed up and sent to the IMS main office for
processing.
ASTM D6433 Pavement Condition Evaluation
During and following the data collection effort, our team will
evaluate all collected pavement imagery and surface
measurements to arrive at Pavement Condition Index (PCI)
values. This is a six -step process that includes the following
tasks:
1. RoadlnspectTM Pavement Distress Detection — Cracks,
rutting, and other pavement distresses are
automatically detected in both the 2D and 3D pavement
images. IRI values are also calculated at this time. (Note:
The Roadlnspectrm software was developed by
Pavemetrics, the firm that manufactures the LCMS-2
technology.)
_CMS -2 cracking data in QC/QA review
stage.
IMS Infrastructure Management Services, LP
5
City of Tukwila
Pavement Management Services
1M-
nICCCnrnpny
2. IMS Pavement Distress Classification — Pavement distresses detected by the RoadlnspectTM
software are then classified by type (e.g., alligator cracking, bleeding, edge cracking, etc.) and
severity (e.g., low, medium, or high) based on predefined criteria (e.g., ASTM D6433). IMS has
created a suite of custom tools that include rule-based algorithms in conjunction with artificial
intelligence to accurately classify pavement distresses.
3. IMS PCI Calculation — Pavement distress data is imported into IMS' PCI calculation software, and
PCI values are determined for each roadway segment using a scale from zero (0) to one hundred
(100) as defined in ASTM D6433.
4. IMS Quality Control (QC) —The IMS project manager then does a review of the data and works
with the QC team lead to address any issues that may be identified.
5. IMS Quality Assurance (QA) — The IMS project QA Manager independently reviews the rated
data and works with our Project Manager and QC team to correct any issues observed.
6. Client QA — The IMS Project Manager reviews the findings of the pavement condition data with
City staff before beginning any analysis activities. IMS will present the pavement condition data
in a Client Review Spreadsheet (CRS) along with maps illustrating pavement conditions for the
client to independently review.
Rutting and Roughness
IMS' LCMS-2 systems detect rutting on asphalt roadways using laser measurements of transverse
profiles that are collected continuously as the vans drive at normal traffic speed. With more than 4,000
measurement points collected per transverse profile and sub -millimeter vertical accuracy, the LCMS-2
can define transverse profiles with a high level of precision, accuracy, and repeatability.
Once all the transverse profiles are collected for a
roadway, IMS uses the Brazilian Method, which is an
industry standard method, to determine the rut area
and the deepest (or maximum) rut depth for the
profiles. These values, as well as width of rut and
color coding, can be seen in the LCMS-2 laser image
to the right. Red represents high severity rutting,
while orange represents moderate severity rutting.
The severities are determined based on maximum rut
depth thresholds that are specified in ASTM D6433.
415000
414000
413000
412000
Pavement roughness is evaluated by measuring the
accumulated difference in the vertical displacement 411000
of a road surface, independent of chassis response,
over a prescribed road length (longitudinal profile).
This roughness is typically reported via the 410000
International Roughness Index (IRI). IRI data is
calculated in real time from continuous longitudinal
profile data collected by the LCMS-2's 3D profile composite image.
:n.1fie
:w: m
ci: 21'.4 mm
0 500 1000 1500 2000 2500 3000 3500
Rut area and severity levels shown on the LCMS-2
4000
device. To determine the road profile, data is
simultaneously obtained from three devices: a pulse transducer -based distance -measuring instrument
(DMI), high-speed 3D laser sensors operating at 112 MHz, and an accelerometer in compliance with
ASTM E 950. The LCMS-2 unit conforms to a Class I profiling device, and it can also "pause" over non-
valid roadway sections such as localized maintenance activities, railroad crossings, speed bumps, and
brick inlays and not affect the IRI value.
IMS Infrastructure Management Services, LP 6
City of Tukwila
Pavement Management Services
1M-
nICCCnrnpny
Quality Control and Quality Assurance
IMS has developed a unique approach to pavement condition assessments by coupling manual review of
distress data with automated algorithms. This more rigorous QC/QA process ensures that the
automated distress detection and classification algorithms that we use work correctly. Our Pavement
Engineering team fully understands the capabilities and limitations of the state-of-the-art LCMS-2
technologies and sophisticated algorithms that we employ, and our QC/QA steps are extremely
important in ensuring the success of the project.
The IMS QC/QA process is comprehensive and makes use of field observations, automated data
processing tools, manual data review by our QC team, independent review by our QA manager, and
lastly, final review by the City. There are QC/QA checks at each stage of the project to ensure data
quality before the data is moved into the next steps.
Machine learning and
artificial intelligence have
made leaps and bounds in
speeding up distress
identification. And when
supplemented with trained
pavement raters, field staff,
and expert engineers, they
establish high data
confidence and integrity.
The final quality assurance
performed by City personnel
will ensure that the City has
confidence in and takes
ownership of the condition
data.
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New QA Tool! IMS QC/QA interface for manually reviewing automated distress
detection and classification results.
Review by IMS QC Load
Pavement distresses: E9adessm distress
quantities and/or severities; rare
distresses
Pavement whom: Surface types,
width/length
chip sealed roads, sealed cracks, and
others
PCI values; Value meal to IOC or 0.
Chdngr n PCk more than +10 points/
yea,
Review by IMI Pnajact
Eagbintar
Random 10%
Accept if within r10%
Step 3
Step 4
IMS QA Maaagae QA by Moat Staff
Review Pa rpcipation
Random 5% Ownership
Accept if within *le% Sat stal:tdora
Internai anyeroble; i1 at, MMS QA Manager Nate; This is performed
Vocumentanon of is not Queerly rnvo? d prror to plommrig and
any unusuoi OS sues for in any other aspects of onolysAs.
discussion w,th the Client the protect. Independent
internal review.
IMS' rigorous, multi -step approach to QC/QA of pavement condition data to ensure ASTM D6433 compliant data.
The image above depicts the new QA tool developed by the IMS engineering team to assist our quality
control team review the LCMS-2 automated data and field imagery to ensure a representative product.
The flow chart below illustrates the 4 -step process that has been improved and recently streamlined.
IMS Infrastructure Management Services, LP 7
City of Tukwila
Pavement Management Services
1M-
nICCCnrnpny
Analysis for the 2023 Project
Once the QC/QA process has been completed, our project team will deliver a Client Review Spreadsheet
(CRS). This spreadsheet includes the pavement inventory, life -cycle cost estimates, and the familiar
graphs and charts to understand the health of the network. This information will provide quality data,
based on sound engineering principles, and realistic budgets for the City staff to utilize in their project
selections and internal analyses.
Once the City reviews the PCI data, the Project Manager will set up a meeting with City staff to discuss
the analysis requirements and identify additional budget scenarios to prepare. At a minimum, the
following pavement management scenarios have been recommended, based on the simplified approach
to this project:
• Annual funding required to maintain existing pavement conditions.
• Funding required to maintain an average PCI of 65 over the next 5 years.
• Funding allocation for asphalt overlay and/or surface treatments to maintain an average PCI of
70 over the next 5 years.
• PCI for the network if current funding levels remain the same for the next 5 years.
• Recommended pavement strategies for the various budget scenarios investigated.
We look forward to collaborating with the City staff to ensure that the pavement management program
addresses the needs and priorities of the stakeholders involved. If the City has requested utilizing the
Easy Street Analysis (ESA) Excel spreadsheet, similar to what IMS delivered for the City of Tukwila from
2020 (see graph, below) has used for the past several years. As with most recent projects, we plan to
run budget scenarios and develop paving projects with our streamlined approach utilizing the
referenced IMS solution.
85
0
0
ay 70
aL
a 65
0
60
50
City of Tukwila, WA
Five Year Post Rehab PCI Versus Annual Budget
M.Iyala Start On.- 1/1/2021 Analysis Period 2023 to 2025
- — Maintain Current Backlog: Final PC1= 83,Backlog=1%, Annual Budget=$6430k/Yr �a�a
Q,e
— — Recommended Budget: F inaI PCI = 75, Backlog = 3%, Annual Budget = $4425 Or04'
— —Backlog Control Budget: PCI = 67, Backlog = 5%, Annual Budget =$2800kfYr
- Steady State PCI: Final PCI = 66, Backlog = 6%, Annual Budget = $2420k/Yr -
— PCI Control Budget: PCI = 60, Backlog = 11%, Annual Budget = $1220k/Yr l
—Tukwila Budget: PCI = 59, Backlog = 12%, Annual Budget = $1050k/Yr )
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Current PCl= 65.6(2020)
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1,000 2,000 3,000 4,000
Annual Budget Each Year for Five Years ($1,000/Yr)
5,000
6,000 7,000
IMS Infrastructure Management Services, LP 8
City of Tukwila
Pavement Management Services
1M-
nICCCnrnpny
Capacity to Perform Work
IMS employs 49 full-time staff, including 8 pavement engineers — five of whom hold PhD degrees in
pavement engineering, 10 GIS analysts and technicians, nine independently, OCTA certified ASTM D6433
pavement raters, and 15 trained and experienced field technicians. Together, we complete over 100
pavement and asset management projects annually. We stand second to none in our ability to establish
cost-effective pavement management programs for large and small agencies alike, and our team has
earned a reputation for excellence over the course of thousands of projects for municipal clients across
the United States. Our multi -disciplinary team, led by pavement engineers, has the experience and
expertise to assist our clients with full-service pavement and asset management services, software
needs assessments, and custom implementations.
Key personnel identified for the project will be assigned to the City for the duration of the project. Our
team is accustomed to working on multiple projects at a time, and we adjust resources on a routine
basis to ensure that we have the staff and equipment required to meet project milestones.
Proposed Project Schedule
This is a representation of our proposed schedule for the 2023 City of Tukwila project, which reflects our
improved project workflow. The field surveys are expected to progress at 35 miles per day, and account
for an estimated 1 week of testing.
Proposed 8 -Month Schedule
Assumes a NTP is issued June 3rd, 2024 — Data Collection is Weather Dependent
Description
Estimated Milestone
1
Executed Agreement/NTP
If by early June 2024
2
GIS Acquisition and Validation
June 2024
3
Kick-off with Review Map Iterations and Approval
June 2024
4
RST LCMS-2 Pavement Surveys (180 Test -Miles)
July -Aug., 2024
5
QC/QA for Data Collected
Aug. -September 2024
6
Deliver Pavement Condition Data/Client Review Spreadsheet
October 2024
7
Draft 5 -Year "ESA" Analyses & Iterations
Oct. -November 2024
8
Final Analyses, Reporting, and GIS Mapping
December 2024
9
Optional Lucty-centric Analysis, configuration, data load
by January 2025
10
Opt. Images, ROW Assets, Story Map, Council Presentation
by January 2025
IMS Infrastructure Management Services, LP
9
City of Tukwila
Pavement Management Services
1M-
nICCCnrnpny
Optional: Esri Story Map
IMS is an Esri Authorized Business Partner and an early adopter of Esri technologies. The partnership
between IMS and Esri makes unparalleled industry and subject matter expertise available to our clients.
Our team of GIS experts are focused on building easy-to-use and easy -to -maintain web -based,
geocentric story maps and dashboards to serve not only our clients, but also their constituents. These
tools provide a dynamic way to
present complicated information
visually. Many agencies are already
using Esri software and ArcGIS
Online, and we look for ways to
leverage that existing licensing,
subscriptions, and infrastructure to
elevate the data we are delivering.
We have built story maps for clients
to help explain to citizens how a
pavement survey works, how the
analysis is performed, and how the
maintenance and rehabilitation
budgets are distributed to maximize
the use of scarce funding. In addition
to the story maps, we have also
deployed agency -focused
dashboards to enable managers to
easily review the planned work,
existing and forecasted conditions, and funding impacts on a map.
IMS interactive Esri GIS story map: City of Long Beach, CA
Project Highlight: Long Beach, CA
Link to live story map: https://bit.ly/3NQGIAT
IMS is working with the City of Long Beach, CA to web -enable their pavement management plan to
engage citizens in the pavement management process. To facilitate this activity, IMS has authored and
deployed an Esri Story Map that shares complex engineering information in an easy to understand
public -facing framework. A second, password protected configuration as a dashboard exists that allows
City engineers to access additional information and data.
Deliverables
The following products can be delivered to the City:
• Report summarizing the findings of the pavement condition survey
• Client Review Spreadsheet (CRS) with inventory, charts, and graphs
• Esri geodatabase containing updated pavement information including distress information
• Signs geodatabase and multiple views of imagery along with a viewing tool.
Additional Value -Added Services
On the following page, the table presents additional services that the IMS Team can provide for this
project. We have performed these services for agencies in Arizona and across the United States to assist
agencies in better managing their pavement, sidewalk, and asset inventories.
IMS Infrastructure Management Services, LP 10
City of Tukwila
Pavement Management Services
1M -
ICC Company
Technology
Value Added
Photo
Right of Way
Asset
Collection
Imagery collected during the RST survey
can be used to build ROW asset
inventories and condition assessments
for signs, signposts, curb and gutter,
sidewalks, ramps, striping, and many
other assets. A subconsultant will be
added to the team if this is selected.
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Bannered
Imagery
HD ROW imagery collected at the same"'le
time as the pavement surveys is
processed and cut into 15 -foot intervals,
then formatted and bannered with
relevant header data and the City's
branding. Images are linked to the City's
GIS centerline and provided as a
geodatabase with image hyperlinks.
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Fast Falling
Weight
Deflectometer
(FastFWD)
Deployed for measuring pavement
structural capacity and pavement layer
stiffness values. This information is
combined with pavement distress data to
better predict future performance and
fine-tune rehab activities. This is
frequently used to determine when
overlays are no longer effective, and
reconstruction is needed.
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Sidewalk
Surface Tester
(SST)
Deployed for capturing sidewalk
inventory and condition data, SSTs may
also be deployed to collect data for
narrow alleys, parking lots, bike paths,
and multi use trails. SST surveys provide
agencies with comprehensive sidewalk
condition data that may be used in
combination with Lidar sidewalk rampIlia
data to develop detailed ADA transition
plans.
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Mobile LiDAR
for Sidewalk
Ramp
Assessments
Deployed to supplement right-of-way
inventory surveys by creating a three-
dimensional point cloud from which
measurements can be extracted. The
integrated Ladybug 5+ camera captures`
high-resolution spherical imagery at
defined intervals.
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IMS Infrastructure Management Services, LP
11
EXHIBIT B
City of Tukwila
Pavement Management Services
1M-
nICCCnrnpny
Fee Proposal
The detailed budget presented on the next page is based on the IMS work plan and deliverables. It
represents a realistic budget to complete the work, and we are confident we can maintain an on-time,
on -budget assignment.
Test -Mileage Calculation:
IMS is proposing to survey all City -maintained major roads in both directions and all locals in one
direction to ensure a sufficient representative sample. Please review our assumptions below and the
optional services on the following page:
Tukwila, WA: IMS 2024 Base Scope of Services
Pavement Management Assessment, Analysis, and Report
Task Activity
Quant Units
Unit Rate Total
Project Initiation
1 Project Initiation & Set-up 1 LS $2,500.00
2 Network Referencing & GIS Linkage 180 T -Mi $20.00
3 Network Inventory Checks & Survey Map Development 180 T -Mi $10.00
Field Surveys
$2,500.00
$3,600.00
$1,800.00
4 LCMS-2 RST Mobilization/Calibration 1 LS $3,600.00 $3,600.00
5 LCMS-2 RST Field Pavement Data Collection (2 -pass All roads) 180 T -Mi $130.00 $23,400.00
Data Management
6 Data QA/QC, Processing, & Formatting 180 T -Mi $35.00 $6,300.00
7 Annual Fee: Downward Images in Inform Continuous Intervals (Web Based; No Crack Display) 1st Year is Included in Base Activities
a. Data Fee for Hosting 1st Year is Included in Base Activities
8 Easy Street Analysis of Pavement & 5 -Year Budget Development 1 LS $5,500.00 $5,500.00
a. "ESA - Easy Street Analysis" Pavement Management Spreadsheet Software Included in Base Activities
b. Customizable Prioritization & Cost -Benefit Analysis Included in Base Activities
c. Unlimited Access - Training Library Included in Base Activities
d. Online ESA Spreadsheet Training via Teams Included in Base Activities
9 Standard IMS Draft Written Report 1 LS $2,000.00
a. Standard IMS Final Written Report 1 LS $500.00
10 Project Management 1 LS $3,690.00
$2,000.00
$500.00
$3,690.00
Project Total: $52,890.00
Assumptions
1. Test miles are calculated based on the number of centerline miles and they will require two pass
collection. We have assumed 2 passes all paved roads.
2. Prior to kickoff meeting, agency will provide IMS with:
1. Primary POC, secondary POC and other stakeholder contact information.
2. Preliminary centerline GIS (i.e., geodatabase).
3. Data collection relies heavily on up to date and topologically sound GIS centerline information.
4. Pavement data collection is dependent on the agency's approval of the GIS maps representing the
street inventory to be surveyed.
5. Pavement data collection is weather dependent and assumes one mobilization to the area. Data
cannot be collected if the pavement is wet or if the temperatures are below 32 F or above 95 F.
6. Agency will actively participate in submission review and provide comments within a period of time
that the agency and IMS will agree to during the kickoff meeting. The current proposed schedule
assumes a two-week review period for draft deliverable submissions.
IMS Infrastructure Management Services, LP 12
City of Tukwila
Pavement Management Services
IMS
an ICC Company
Tukwila, WA: IMS 2024 Value -Added Services
Pavement Management Assessment, Analysis, and Report
Optional Service Activities:
11 Set -Up Lucity Operating Parameters for Pavement Management
a Pavement Data Load - Lucity
12 Annual Fee: Downward Images in Inform Continuous Intervals
a. Data Fee for Hosting (Web Based; No Crack Display)
Year 2+
Year 2+
1 LS
1 LS
1 LS/YR
180 T-Mi/YR
$4,750.00
$4,975.00
Lucity Load Total
$2,000.00
$2.00
Annual Image Hosting Total
$4,750.00
$4, 975.00
$9,725.00
$2,000.00
$360.00
$2,360.00
13 FastFWD Mobilization/Calibration
a. Deflection Testing: 2 -pass Test All Roads
c. Data Analysis of Deflection Testing
d. Traffic Control/Deflection Testing (county to provide; IMS Est._ Hrs.)
1 LS $2,925.00
84 T -Mi. $150.00
1 LS $1,250.00
0 HR $110.00
$2,925.00
$12,600.00
$1,250.00
$0.00
14 Right of Way Asset Data Collection (GPS w/2 -pass of Majors: Select Once w/Any Asset Bi
a. Sign & Support Database Development
b. Pavement Markings & Striping Database Development
c. Sidewalk Database Development
d. Curb Ramp Database Development
e. Curb & Gutter Database Development
f. Traffic Signals/ Flashers. Controllers Database Development
g. Street Lights Database Development
h. Drop Inlets Database Development
Drivepads Database Development
j. Bridges Database Development
k. Street Furniture Database Development
I. Cattle Guards Database Development
m. Speed Humps Database Development
n. Guardrails & Roadside Pedestrian Fence Database Development
o. Catch Basins/ Drainage Inlets Database Development
p. Shoulders Database Development
q. Cabinets Database Development
r. Utility Poles Database Development
s. Fire Hydrants Database Development
t. Medians Database Development
u. Valves Database Development
v. Manhole Covers Database Development
w. Trees Database Development
180
180
180
180
180
180
180
180
180
180
180
180
180
180
180
180
180
180
180
180
180
180
180
180
T -Mi
T -Mi
T -Mi
T -Mi
T -Mi
T -Mi
T -Mi
T -Mi
T -Mi
T -Mi
T -Mi
T -Mi
T -Mi
T -Mi
T -Mi
T -Mi
T -Mi
T -Mi
T -Mi
T -Mi
T -Mi
T -Mi
T -Mi
T -Mi
FWD Total
$4.60
$75.00
$22.00
$30.00
$43.40
$22.00
$25.00
$45.00
$22.00
$22.00
$25.00
$25.00
$22.00
$25.00
$22.00
$22.00
$22.00
$22.00
$45.00
$22.00
$22.00
$32.00
$25.00
$55.00
$16,775.00
$828.00
$13,500.00
$3,960.00
$5,400.00
$7,812.00
$3,960.00
$4,500.00
$8,100.00
$3,960.00
$3,960.00
$4,500.00
$4,500.00
$3,960.00
$4,500.00
$3,960.00
$3,960.00
$3,960.00
$3,960.00
$8,100.00
$3,960.00
$3,960.00
$5,760.00
$4,500.00
$9,900.00
15 IMS Web -Story Map of City's Pavement Condition (for External Portal) 1 EA
a. Years 2 & 3 Annual Updates of Rehabs; Update 3 EA
$7,500.00' $7,500.00
$2,000.00' $6,000.00
16 IMS Web -Dashboard of City's Pavement Condition (for Internal Staff) 1 EA
a. Years 2 & 3 Annual Updates of Rehabs; Update 3 EA
$5,500.00 $5,500.00
$2,000.00 $6,000.00
17 City Council Presentation - Virtual
a. Add for an Onsite City Council Presentation
18 Non -Standard Written Report (Min. 8 -Hours; beyond at Hourly Rate)
19 Additional or Specialty Maps for Reporting (Beyond Typical 2 Sets)
20 Additional Hard Copies of the Final Report(>3 sets Included)
21 Functional Class Review
22 Sidewalk -Surface Tester (SST) Mob., Survey & Analysis: Sidewalks
23 Lidar-Mounted Unit Mob., Survey & ADA Compliance Data: ADA Curb Ramps
24 Software Evaluation Needs Assessment
25 Convert Street Layer Polylines to Polygons
26 Convert Street Layer Polygons to Polylines
8
16
1
180
180
EA
EA
HR
EA
EA
HR
LS
T -Mi
T -Mi
$3,500.00
$2,000.00
$150.00
$175.00
$200.00
$175.00
(Available Upon Request)
(Available Upon Request)
$1,750.00
$6.00
$20.00
$3,500.00
$2,000.00
$1,200.00
$175.00
$200.00
$2,800.00
$1,750.00
$1,080.00
$3,600.00
Thank you for your continued interest in working with the IMS team. We value developing and
maintaining long-term partnerships with our clients. We will strive to become an asset and extension of
the City of Tukwila staff and team. If any questions arise, please do not hesitate to contact me at (480)
462-4030 or jtourek@imsanalysis.com.
Best regards,
IMS Infrastructure Management Services, LP
Jim Tourek, Client Services Manager
IMS Infrastructure Management Services, LP 13