Loading...
HomeMy WebLinkAbout275-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 275-23 File Number: 2023-1299 NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (PURCHASE AGREEMENT): A RESOLUTION TO APPROVE AN INTERLOCAL PURCHASING AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; TO AUTHORIZE A CONTRACT WITH IMS INFRASTRUCTURE MANAGEMENT SERVICES, L.P. FOR PAVEMENT ANALYSIS AND RELATED SERVICES PURSUANT TO THAT INTERLOCAL AGREEMENT THROUGH THE TERM OF THE CONTRACT AND ANY RENEWAL PERIODS, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute an Interlocal Purchasing Agreement with the North Central Texas Council of Governments to allow the City to participate in the TxShare cooperative purchasing program. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute a contract with IMS Infrastructure Management Services, L.P. for pavement analysis and related services pursuant to TxShare Master Services Agreement 2022-063 throughout the term of the contract and any renewal periods. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on December 5, 2023 Page 1 Attest: ara Paxton, City C erk reasurer: • i ,','Y CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 5, 2023 CITY COUNCIL MEMO 2023-1299 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff FROM: Chris Brown, Public Works Director DATE: SUBJECT: Pavement Management Contract with IMS Through the North Central Texas Council of Governments TXShare Program RECOMMENDATION: Staff recommends approval of a resolution to authorize the Mayor to execute an Interlocal Purchasing Agreement with the North Central Texas Council of Governments (NCTCOG); to utilize the NCTCOG TxShare program for Pavement Analysis and Related Services from IMS Infrastructure Management Services, L.P. through the TxShare Master Services Agreement 2022-063 throughout the term of the contract and any renewal periods; and to approve a budget adjustment in the amount of $175,000. BACKGROUND: In 2018, the City contracted with IMS Infrastructure Management Services to inventory and analyze the City's street system and develop a pavement condition index (PCI) rating for the city's street network. This PCI data was delivered in the form of a spreadsheet and GIS map, and has been used over the last 5 years to implement a data -based pavement management and overlay plan that identifies pavement management strategies to maximize pavement condition and minimize costs. The city's asset management software manages the pavement condition index data, and automatically "ages" the pavement based on industry standard deterioration curves. However, over time, the actual pavement conditions may deviate from the expected condition, and it becomes necessary to re -inventory the pavement system to capture the true PCI and recalibrate the asset management software. DISCUSSION: Staff proposes to contract with IMS again for the services to re -survey the road network, perform structural testing on higher traffic roads, and provide an updated GIS map and PCI data. Deliverables on this contract will include: • Report summarizing the findings of the pavement condition survey • Spreadsheet with inventory, charts, and graphs • GIS geodatabase containing updated pavement information including distress information • Data formatted for inputting into Lucity asset management software IMS proposes to begin work in January and provide the final report in August, 2024. Data collection is planned for February and March 2024. The proposal provided by IMS is in accordance with the terms of the Master Services Agreement #2022-063 Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 between the NCTCOG and IMS, dated 5/15/2023, and expiring on November 30, 2028. By joining the TxShare program through a Master Interlocal Agreement with NCTCOG, the City is eligible to procure the services of IMS through this Master Services Agreement and to use the pricing structure established in that contract. Procurement of the services of IMS through this program results in a savings in staff time by streamlining the process of procurement and allows the City to enjoy the benefits of an established pricing structure while retaining the same contractor that provided these services in 2018. This will also reduce staff time on the back end since IMS understands the City's GIS and asset management systems and how to format their data to best meet our needs. BUDGET/STAFF IMPACT: The Master Services Agreement provides a menu of services available on a unit price basis. The services proposed under this contract total $152,404; however, there may be additional work needed as the project progresses (such as for staff training, additional mapping services, additional lane miles beyond the estimated numbers, etc.); therefore, a total project budget of $175,000 is requested. ATTACHMENTS: SRF (#3), BA (#4), IMS Quote - Fayetteville (#5), Contract with COF details and Signing page (#6), Master Services Agreement -final (#7) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2023-1299 Pavement Management Contract with IMS Through the North Central Texas Council of Governments TXShare Program A RESOLUTION TO APPROVE AN INTERLOCAL PURCHASING AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; TO AUTHORIZE A CONTRACT WITH IMS INFRASTRUCTURE MANAGEMENT SERVICES, L.P. FOR PAVEMENT ANALYSIS AND RELATED SERVICES PURSUANT TO THAT INTERLOCAL AGREEMENT THROUGH THE TERM OF THE CONTRACT AND ANY RENEWAL PERIODS, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute an Interlocal Purchasing Agreement with the North Central Texas Council of Governments to allow the City to participate in the TxShare cooperative purchasing program. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to execute a contract with IMS Infrastructure Management Services, L.P. for pavement analysis and related services pursuant to TxShare Master Services Agreement 2022-063 throughout the term of the contract and any renewal periods. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Chris Brown Submitted By City of Fayetteville Staff Review Form 2023-1299 Item ID 12/5/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/15/2023 Submitted Date Action Recommendation: TRANSPORTATION SERVICES (410) Division / Department Approval of a resolution to: authorize the Mayor to execute an Interlocal Purchasing Agreement with the North Central Texas Council of Governments (NCTCOG); to utilize the NCTCOG TxShare program for Pavement Analysis and Related Services from IMS Infrastructure Management Services, L.P. through the TxShare Master Services Agreement 2022-063 throughout the term of the contract and any renewal periods; and to approve a budget adjustment in the amount of $175,000. 2100.410.4120-5315.00 Account Number Project Number Budgeted Item? Yes Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Does item have a direct cost? Yes Item Cost Is a Budget Adjustment attached? Yes Budget Adjustment Remaining Budget Street Fund Fund Project Title $ 85,320.00 $ 79,934.12 $ 5,385.88 $ 152,404.00 $ 175,000.00 27,981.88 V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number TRANSPORTATION SERVICES (410) /Org2 2023 Requestor: Chris Brown BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Approval of a resolution to authorize the Mayor to execute an Interlocal Purchasing Agreement with the North Central Texas Council of Governments (NCTCOG); to utilize the NCTCOG TxShare program for Pavement Analysis and Related Services from IMS Infrastructure Management Services, L.P. through the TxShare Master Services Agreement 2022-063 throughout the term of the contract and any renewal periods; and to approve a budget adjustment in the amount of $175,000. COUNCIL DATE: 12/5/2023 ITEM ID#: 2023-1299 Holly Black 7717612023 77:05 Rln RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL #: GLDATE: CHKD/POSTED: TOTAL Account Number 175,000 175,000 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.20231113 Account Name 2100.410.4100-4999.99 - 175,000 RE Use Fund Balance - Current 2100.410.4120-5315.00 175,000 - EX Contract Services I of 1 City of Fayetteville Pavement Management Program Update R Imm an ICC Company Quote for Professional Services Pavement Management Program Update Chris Brown, Public Works Director City of Fayetteville, AR November 2, 2023 IMS Infrastructure Management Services, LP Nick Messick, Central Region Client Services Mgr. 0111-- '� City of Fayetteville I Pavement Management Services ,.� 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, the City of Fayetteville currently maintains approximately 484 centerline miles of roadway. IMS has performed objective pavement data collection for similar agencies such as and many others in Arkansas and the surrounding region. r■ To ensure adequate coverage across the �w network, the Road Surface Tester (RST) will:. survey the arterial, collector and residential Members of the IMS Engineering, Technical and Sales Teams atour roadways in both directions, resulting in a December 2022 in-service meeting week. survey mileage of an IMS estimated 546 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 2018, both in staffing and equipment. In 2021, we appointed a new Principal Engineer and President, Kurt Keifer, PhD, PE. Kurt 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. 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 City of Fayetteville S I Pavement Management Services 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 3. Data O Collection O :: 2. GIS 4. Data Processing 5. Data Analysis & Reporting 6.Other Tasks o o= N1_ 6)** 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 City of Fayetteville S I Pavement Management Services 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. IMS Infrastructure Management Services, LP 3 City of Fayetteville Pavement Management Services Pavement Condition Survey IMS an ICC Company 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 linear cracking, fatigue cracking, block cracking, rutting, raveling, 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. �i 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.) Rutting continuous full- bne-width rutting measurements ft ughncszinuous right left wheel path roughness M..,] 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 near 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 Fayetteville Pavement Management Services IMS an ICC Company 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. During data collection, IMS implements routines that are performed each day of data collection to ensure data consistency. These include: • Equipment is calibrated, and daily reports are completed. • All sensors are continually monitored to ensure they are receiving data within specification. • 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 RoadlnspectTm software was developed by Pavemetrics, the firm that manufactures the LCMS-2 technology.) LCMS-2 cracking data in QC/QA review stage. 2. IMS Pavement Distress Classification — Pavement distresses detected by the RoadinspeCtTM 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. IMS Infrastructure Management Services, LP City of Fayetteville Pavement Management Services Rutting and Roughness IMS an ICC Company 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 415000 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 414000 profiles. These values, as well as width of rut and color coding, can be seen in the LCMS-2 laser image to the right. Orange represents high severity rutting, 413000 while yellow represents moderate severity rutting. The severities are determined based on maximum rut depth thresholds that are specified in ASTM D6433. aiz000 Pavement roughness is evaluated by measuring the accumulated difference in the vertical displacement of a road surface, independent of chassis response, over a prescribed road length (longitudinal profile). This roughness is typically reported via the International Roughness Index (IRI). IRI data is calculated in real time from continuous longitudinal profile data collected by the LCMS-2's 3D profile 411000 410000 0 500 1000 1500 2000 2500 3000 3500 4000 Rut area and severity levels shown on the LCMS-2 composite image. 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 Fayetteville S I Pavement Management Services Deflection Testing Subsurface distress investigations are a valuable tool to assess the subgrade condition of a roadway. As a part of a sound pavement management program, IMS will integrate the Structural Index (SI) as a component of each roadways final PCI score. To assess the subgrade strength of a roadway, a Fast Falling Weight Deflectometer (Fast FWD) will be mobilized to the City. Deflection testing is performed using a Fast FWD, in accordance with ASTM standards. The IMS team can conduct a structural assessment of all designated roadways as completed as a part of the 2018 project. Deflection testing is completed at least once in each direction in every street segment (every 300 - 500 feet) along the outside lanes of the roadway. A series of geophones records deflection readings for each section of pavement tested. These readings are used to determine the pavement strength, load transfer capabilities, and identify properties of the base and sub -grade. I ' -� ...1 0 Fast Falling Weight Deflectometer (FostFWD) Upon completion of the deflection survey a structural analysis is performed. Fast FWD's apply a known load to the pavement and measure the pavement response to the load. The structural adequacy of a street is expressed as a 0 to 100 score with several key ranges: roadways with a Structural Index greater than 75 are generally deemed to be structurally adequate for the loading and may be treated with lightweight surface treatments or thin overlays; those between 50 and 75 typically reflect streets that require additional pavement thickness; and scores below 50 typically require reconstruction and increased base and pavement thickness. i The adjacent graph presents a sample structural adequacy plot of a recent client's roadway network against its average pavement condition. Fen,Ar Additional S —'s ' l • ^ i. 60 �so The diagonal blue line separates 00 S,rvclu,Ny NadeOuete roadways that are performing 30 above expectations (above the - 20 line), from those that are not, (below the line). The number of 10 roadways falling below the diagonal 0 0 30 20 30 40 50 60 70 00 90 line indicates this client has a re•.n.m c_dOromd.. relatively high percentage of roadways that are structurally inadequate for their design load. This is often the result of insufficient base and structural materials during the original construction, or the application of overlays that were too thin during the lifetime of the roadway. RRiI IMS Infrastructure Management Services, LP 7 City of Fayetteville Pavement Management Services Quality Control and Quality Assurance IMS an ICC Company 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 sped up distress identification significantly. 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. New QA Tool! IMS QC/QA interface for manually reviewing automated distress detection and classification results. The image above depicts the new QA tool developed by the IMS engineering team to assist our quality Step 1 Step 2 11wNN blr IMi /K LMd paeaneM dlsvesses: Excessive distress quantities andfcr severities; rare distresses ravernem secooes Surface types; wfdthfterVii Chip sealed roeds, styled cracks. and others Pa velues: Value equal to 100 or 0; Charsae in KI more than +10 poirvW VW Step 3 Revlevr by IMS rsoject Enonew Random 10% Accept it within +l0% Internof deiiverobfe. Documentarian of any unusuol issues for discussion wrath the CMent. Step 4 ` IIMS qA tslanaipr QA by Cheat Staff **view participation Random S% Ownership Accept if within +10% Satisfaction &Qts, IMS 4A Manager Nate: Th,s is performed is not ditectl y involved prior to &nning and in any other aspects of onalysm the pro!ect lndependent internal revi W IMS' rigorous, multi -step approach to QC/QA of pavement condition data to ensure ASTM D6433 compliant data. 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 8 City of Fayetteville S I Pavement Management Services 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 is currently utilizing the Lucity software, our staff can format the GIS deliverable for load to the software. As with the previous project, we plan to run budget scenarios and develop paving projects with our streamlined approach utilizing the city's long-standing solution: the Lucity pavement management module. City of Fayetteville, AR Five Year Post Rehab PCI Versus Annual Budget i 30 ---------------------------------- 1 _0 r 0 1 0 1 - - - - - - - - - - - - - - - - - - - - - - - - - - - _ u S � 1 n 1 I a s I I o I 1 1 I Z 1 1 D -0 ---- — --- Er KI - IC A u 1 1A 1a,(a MOwMov FI IKI- A VWq•J•-A.wa�u�•. i6YCq•b 1 — 0e...-6,49,yw A dKI-X YAM•H. A.rn 19,41.I-S1764*f* ,x —V-*V1 .KI A-1K)-HOaMq- 1% A...M'Yf�1•S»70VM KI- 1] 16 I"-1••A—, ".I-S11N.M 1 I �K.<—ld 0..+w K.-7C 16Wq-1%A—,24,-SA%&tY. i I _ — —.6.40I KI-MI 4Mq-i•. M....nM.M.•. if L`yV. I I 1 1 ! ! 000 2000 3000 a 0CID S 070 Annual Budget Each Year for Five Years ISL000/Yr) 6 000 IMS Infrastructure Management Services, LP 9 City of Fayetteville Pavement Management Services Lucity Integration Expertise & Load IMS an ICC Company IMS has implemented the Lucity software solution for over 100 agencies, and the enterprise software provider has over 250 active agencies utilizing their product. IMS configures the Lucitypavement management module to seamlessly integrate with GIS using a one-to-one relationshipand engineers the application to support the user in generating fiscally sound management decisions through cost benefit analysis that can include structural characteristics of the street. The Lucity software is a powerful enterprise application that was developed to assist public works and transportation departments in managing their daily workflows. While their traditional licensing structure was a "Pay Per Module/User" approach, they have recently moved to a "Named Product" license structure. This means that each agency simply pays for each user of the "Asset Product" and gains access to all modules within that suite. The "Asset Product" includes streets &roads, rights of way, bridges, signs, signals, streetlights, traffic analysis, pavement analysis, storm, parks, and many more as depicted in the adjacent product chart. This gives the City access tofar more modules and the only constraint is then the number of concurrent licenses purchased. There are a few key enhancements to the Lucity software that should be reviewed to determineif the software can be configured to meet the needs of City Staff and Management. A few of these enhancements are as follows: +ow-4.— 6r nNl +naW(Y�M) + W, +Opn Nbtdaf-So..nlbl +cmwuwan ao.s 3nw.lnl h� Current PC! ValuOS U24. • Tightly coupled GIS integration with an option for a2-way data management feed. • Web and mobile technologies leveraging standard tablets and mobile devices (Android and iOS). • Pavement analysis techniques that can be prioritizedaccordingtoCityspecificpriorities and optimized using "cost of deferment" techniques. The result is a defensible five-year rehabilitation plan. • Can consume custom prediction models based on traffic, pavement type, structural condition, drainage features, environmental conditions, and many other potential options. • Established and proven process for updating and restoring the SQL Server Lucity .bak file aftereach data collection cycle. • Access to "Lucity Listens" which is an online forum where users can discuss the software, pose questions, and receive follow-up from Lucity professionals. Lucity even uses this site to assessthe most popular requests for software updates each year. • New web product with custom dashboard setup for each individual user. The web product replaces the older desktop version and is available for conversion so long as the City's annual support and maintenance is current. IMS Infrastructure Management Services, LP 10 City of Fayetteville S I Pavement Management Services 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 Fayetteville project, which reflects our improved project workflow. Proposed Schedule Assumes a NTP is issued January 2024 — Data Collection is Weather Dependent Task Description Estimated Milestone 1 Executed Agreement/NTP January 2024 2 GIS Acquisition and Validation January 2024 3 Kick-off with Review Map Iterations and Approval January -February 2023 4 RST LCMS-2 Pavement Surveys (NTE 105 Test -Miles) February -March 2024 5 QC/QA for Data Collected May 2024 6 Deliver Pavement Condition Data/Client Review Spreadsheet May -June 2024 7 Draft 5-Year Analyses & Iterations June -July 2024 8 Final Analyses, Reporting, and GIS Mapping July -August 2024 9 Opt. Lucity Training, Council Support August 2024(flexible) IMS Infrastructure Management Services, LP 11 City of Fayetteville S I Pavement Management Services 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, Entire Network 1010Centedine subscriptions, and infrastructure to elevate the data we are delivering. r ._ 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 IMS interactive Esri GIS story map: City of Long Beach, Ca easily review the planned work, existing and forecasted conditions, and funding impacts on a map. Project Highlight: Long Beach, CA Link to live story map: https://bit.ly/3NQGlAT 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 • Format of Data for Lucity Load IMS Infrastructure Management Services, LP 12 City of Fayetteville Pavement Management Services ' g Technology Value Added Photo Right of Way Imagery collected during the RST survey - ,•..• ••• • •• ••- Asset can be used to build ROW asset • ,� �r Collection inventories and condition assessments \\\\ - 1r for signs, signposts, curb and gutter, _ , N. sidewalks, ramps, striping, and many - other assets. A subconsultant will be added to the team if this service is selected. Bannered HD ROW imagery collected at the same 11so..... F;•9 •, Imagery time as the pavement surveys is processed and cut into 20-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. Mobile UDAR Deployed to supplement right-of-way for Sidewalk inventory surveys by creating a three - Ramp dimensional point cloud from which Assessments measurements can be extracted. The integrated Ladybug 5+ camera captures high -resolution spherical imagery at a defined intervals. ,0`�� 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. Here are the fees utilizing the current NCTCOG rates for IMS: 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. The total was based off current City -maintained mileage information supplied by the City. IMS Infrastructure Management Services, LP 13 City of Fayetteville Pavement Management Services Imm an ICC Company Service Category #1: Pavement Data Collection Provide Price Per Tiered Group A e c=Axa Unit Unit Base Cost Unit Colt($)201-700 Total Units Agreed Upon Total Agreed Upon Cost Activity# Activity Description 151 Lane Miles cost($)/Unit ($) Automatically and continuously measure pavement cracking, tWure, rutting and geometrics. Equipment used for rut 1 measurement shall be capable of measuring both wheel track ruts simultaneously. Lane Mile' stts.00 546 st-00 $62,790.00 Coiled avement surface distress and structural condition information through automated means for all Participant -owned condition roadways. Lane Mile' $1.00 546 $1.00 $546.00 Provide a customized digital condition rating system to collect user defined severity/extent based pavement distresses and 3 pertinent roadway attributes to accom modate a standardized a pproach to col letting data LumpSum 52500.00 1 $2,500.00 $2,500.00 4 Collect dual -wheel path roughness data to International Roughness Index standards. Lane Mile' Map 546 $1.00 $546.00 Collect pavement performance information that includes rutting using a minimum of seven (7) sensors (include pricing for nine 5 (9)se well),fatigue cracking, transverse cracking using a minimum of four(4)sensors, and longitudinal cracking. mile Mile' 1.00 s46 $1.00 $546.00 6 Perform friction testing tane Mile' (OR:seebelow) 160.00 0 7 Measure lane striping reflectivity quality Lane Mile' S0.00 0 Service Category #2: Asset Inventory Provide Price Per Tiered Group A 8 c 113 Unit Unit Base Cost Unit Cost (1)201-]00 Total Units Agreed Upon Total Agreed Upon Cost Activity# Activi Descri tion 151 Lane Mies Cosh$)/unit (S) Collect sidewalk data to include location, length, width, location in relation to curb and if greenspaces exist between curb and 8 sidewalk, and sidewalk condition to create sha h files for1ncor oration into the Pa roci is G15s stem, ifa licable Pe l.s PI P Pan Y pP Lane Mile' 27.60 0 Collect sidewalk Barrier Free Ramp data to include location, configuration, presence of truncated domes or other detectable 9 ning feature, and condition and create shape(.shp) files for incorporation into the Participant's GIS system, if applicable mile mile 2s.6o p Collet[ roadway sign data to include type and location and create shape(.shp) files for incorporation into the Participant's GIS 10 system, if applicable. Lane Mile l 0.80 0 Collet[ photos of Barrier Free Ramps, sidewalks, curb condition, drive approach, and/or roadway signs inventoried under items 11 8, 9, and 10 above. Lane Mile 1.00 0 12 Collect location of curb and gutter and create shape (.shp) files for incorporation i nto the Participant's GIS system, if applicable. Linear Feet $1.00 0 Collect location and type of visible in -pavement features such as valves, manhole covers, etc. and create shape (.ship) files for 13 corporation into the Participant's GIS system, if applicable. Lane Mile) $27.20 0 14 Col lea locations of trees, including height a nd spread Lane Milel 51.00 0 15 Col lea bike lane locations, including width,length, and associated signal and striping. Linear Feet 1.00 0 36 UtLILze Ground Penetrating Radar for relocating utilities (for maintenance plans). Linear Feet (see below) 0 17 Collect data on location and surface condition of bridge approaches Each 3.90 0 18 Collect information on bridge deck condition Each 3.90 0 19 Perform Parking Lot Pavement Condition Assessment (Thru-Travel Lanes) w/ Inventory, Attribute, & Geodatabase Development Square Yard (seebelow) 0 0 (al beloyfight of Way Assets Database Development (GPS & Camera Configuration): Service Category #3: Pavement Management Analysis Provide Price Per Tiered Group A B C=Ana unit Unit Base Cost Unit Cost($)201-700 Tdal Units Agreed Upon Total Agreed Upon Cost Activity Description 151 mile Miles Cost -($)/Unit (S) e International Roughness Index (IRI)for each road segment in accordance with ASTM E1926. Provide results with the Participant's GIS database, if applicable. 7.Itnfc. Lane Mile' 1.00 546 $1.00 $546.00 Pavement Condition Index (PCI) score for each road segment using an approved pavement management system andmile ce with ASTM D6433 or ASTM E3303. Provide results compatible with the Participant's GIS database, if applicable. Miles I5.00 546 $Is.o0 $8,190.00 from Participant's staff, devise a weighing system taking into account PCI, IRI, average daily traffic for thoroughfares (traffic count raw data provided by Participant), public safety emergency routes, and apply this 0-100 numeric index to the 23 roadway information collected for the entire jurisdiction. Provide results compatible with the Participant's GIS database, if mile Mile' 2000.00 1.00 5a6 $1.00 $2,546.00 applicable. Cost Includes base cost plus lane mile unit cost. Estimate the annual budget required to meet the long-term goals regarding desired pavement condition levels. Cost includes 24 base cost plus lane mile unit cost. Each Participant 4500.00 $1.00 546 $1.00 $5,046.00 Create a five year and ten year pavement rehabilitation plan with input from Participant's staff. Cost includes base cost plus 25 lane mile unit cost. Each Participant 300000 $1.00 546 $1.00 $3,546.00 Recommend the computer hardware and software needed for successful implementation, potentially includi ng 26 recommendations for licenses of pavement management system software and other geodatabase software as needed. Each Partici Pant 1500.00 0 Train Participant staff and provide assistance to the Public Works and IT Department as needed for the use of data collected 27 through the fully automated system. (20 person maximum per class) Day 3500.00 0 Service Category 04: Electronic Products Provide Price Per Tiered Group A 8 C=AxB Unb Base Cost Unit Cost"1201-700 Agreed Upon Total Agreed Upon Cost Unit I51 mile Miles Total Units Cost($)/unit (S) Activity# Activity Description 28 Data QA/QC, Processing, & Formatting(Fully Automated+Field Observations, + Man ual CIA/QC) Lane Mile' $25.00 546 $25.00 $13,650.00 Roadway information that shall be collected and provided to the Participant at a minimum includes items a. through L in Exhibit 29 B Lane Mile' $3.00 1 $0.00 $0.00 Collect digital images at 25-foot intervals of the road surface condition and link to a geodatabase(minimum forward facing 30 imagery). nine Mile Sid.00 1 $0.00 $0.00 Load assessment data for all Participant -maintained pavements into a pavement management system required by local 31 government Participant(s), if applicable.(Example: MicmPaver). The assessment data shall include visual observations, Each Participant S3.500.00 S4.00 546 $4.00 $%684.00 photographs and measurements collected by instrumentation. Cost includes base cost plus lane mile unit cost Implement map module so that pavement condition and other data can be integrated, displayed, and accessed through the 32 map interface in a format consistent with the Participant's horizontal and vertical control network system, if applicable. Cost Each Participant $7,000.00 5.00 0 includes base cost plus lane mile unit cost. Provide to the Participant the pavement condition data in a pavement management system database approved by Participant. 33 Coordinate with the Participant's IT department to Provide pavement [ondi[ion data in a forma[ compatible with the Each Participant 1-00 8.00 546 58.00 $4,368.00 Partici ant's Environmental 5 stems Research Institute ESRI GIS database, if a licable. Cost includes base cost lus lane mile 34 Provideasset m,n,gementt,,I,o,,y,t,,,(not iustcollection)(i.e., 15-year plan about howtofixor repairassets).Cost Each Participant 2500.00 0.00 0 IMS Infrastructure Management Services, LP 14 City of Fayetteville Pavement Management Services IMAM an ICC Company Service Category #7: Value Added Services A 6 C=A8e Provide Price Per Tiered Group Unk ease cost Unk cost($) M-7lao Agreed upon Total Agreed upon Cost Activity# Activity Description unit 151 lane Mites Tmal units Cost($)/unit ($) Full Written Final Report- Firm shall prepare and submit a written project report summarizing the work performed, dates of 35 collection, methodology, and results. Each Participant 3 500.00 1 $3,500.00 $3,Se0.00 36 Provide Consultancy services to develop linework n GIS for missing sidewalks n order to quantify a nd identify on a map $175.00 0 37 Collect and analyze pavement structural condition w/ falling weight deflectometer(F-FWD) in accordance with industry Lane We $S,—.eo $—oo 24D $160.00 $38,400.00 Inform Solution for Making the Collected Image Data Available to Clients. Cost includes base cost plus lane mile unitcost. a.<aoo a.$ z,000.00 b. aoo- goo b.$4,000.00 c. g01-1,200 c$ 6,000.00 38 d. 1'201-2,a00 Lane Mile d.$8,o00.00 $1.20 e e. 2,401-4,800 e.$10,000.00 f. 4,801-9,600 f. $14,000.00 g., Z600 g. $2e,000.09 IMS TOTAL $152,404.00 Project Contingency Services C-39 IT,in Participant staff and provide assistance to the Public Works and IT Department as needed far the use of data collected Day $3,500.00 1 1 3 1 $7,500.00 $0.00 C-40 Council Presentation Virtual Preparation Support Lump Sum 2500..0 1 $2,500.00 $0.OD Project Presentation- Firm shall prepare and present a written project report summarizing the work performed, dates of C-41 collection, methodology, and results to the Participant's legislative body. Each Participant 3 500.00 1 $3,5oo.ee $_ Lane mile is to be defined as a mile traveled as 1. A single pass on alleyways 2. A centered single pass on residential streets 3. Includes the outside lane in each direction for collectors and arterials (2 total). ** The awarded Contractor(s) shall provide all necessary field inspectors, vehicles, tools, equipment, traffic control and other services required to perform this work. No engineering services are available under this contact. Any activities that Participant and/or Contractor deem to require the service(s) of an engineer must be procured separately and are the sole responsibility of that party." Assumptions 1. Test miles are calculated based on the number of centerline miles and whether they will require one pass collection, or two pass collection based the number of lanes. We have assumed 2-pass collection for all arterial, collector, and one pass for local roadways. 2. Prior to kickoff meeting, agency will provide IMS with: Primary POC, secondary POC and other stakeholder contact information. 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 15 City of Fayetteville Pavement Management Services Additional Value -Added Services IMS an ICC Company 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 across the United States to assist them in better managing their pavement, sidewalk, and asset inventories. Service Category #7: Value Added Services Full 5tand-Alone Pedestrian Network (Sidewalks, Obstructions, Ramps) Condition Assessment Using 5idewalk Surface Tester & Lane Mile' $42,500.00 $450.00 0 43 Barrier -Free Curb Ramp Survey Using Li DAR. Deliverables Include Ramp Measurements in Tabular & GI5 Formats. Cost includes lane Mile $32,500.00 $100.00 0 a4 Standalone field operation for collection of asset inventory development only with Mobile LiDAR- Pricing wil l Vary Depending on Level of Accuracy Required. as 0 Collect and analyze pavement structural condition information through the use of Ground Penetrating Radar (GPR)in lane Mile' $11,875.00 $110.00 0 Utilize Ground Penetrating Radar for Relocating Utilities (for maintenance plans) Linear Foot $11,875.00 $20.00 0 07 Collect and analyze pavement structural condition information through the use of pavement cores in accordance with industry standards on designated roadways (incl. traffic control)' Cost Includes base cost plus lane mile unit cost. �a 0 Collect and analyze pavement surface condition information through the use of Friction Testing in accordance with industry lane Mile' $4,500.00 $147.00 0 Parking Lots Condit ion Assessment to i nclude ASTM D6433 PCI scores; excludes analysis. Square Yard $12,500.00 $0.20 0 so la va below) Right of Way Assets Data Col lection(by per lane/survey mile): Assumes 3 Attributes per Asset Sign & Support Database Development Lane Mile' $68.00 0 sob Markings& Striping Database Development Lane Mile' $43.40 0 s. Traffic Signals/ Flashers and Controllers Database Development Lane Mile' $20A0 0 Street Lights Database Development Lane Mile' $40.80 0 1. Drop Inlets Database Development Lane Mile' $17.00 0 sM Drivepads Database Development Lane Mile' $17.00 0 Soy Bridges Database Development Lane Mile' $20.40 0 Inh Speed Humps Database Development Lane Mile' $20.40 o 1.1 Street Furniture Database Development Lane Mile' $20.40 0 Cattle Guards Database Development Lane Mile' $17.6o 0 Ink Guardrails & Roadside Pedestrian Fence Database Development Lane Mile' S-W 0 sd Culverts and Ditches Database Development Lane Mile' $17.60 0 Cabinets Database Development Lane Mile' $v. 0 1. Utility Poles Database Development Lane Mile' $40.80 0 s. Fire Hydrant Database Development lane Mile' $17.60 0 sop Medians Database Development lane Mile' $17.60 0 s" Valves Database Development Lane Mile' $27,10 1 sa SU Manhole Covers Database Development Trees Database Development lane Mlle' Lane Mlle' 5ll60 $51.00 0 0 sm Catch Basins/ Drainage Inlets from Master Drainage Plan Database Development Lane Mile' $17.60 0 s. Sidewalk Database Development Lane Mile' $17.60 0 s. Curb & Gutter Database Development Lane Mile' $17.60 0 ROW Assets- Additional Attributes for Any Selected Asset"per Each" Lane Mile' $0.50 0 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 Fayetteville staff and team. If any questions arise, please do not hesitate to contact me at (480) 980-6547 or nmessick@imsanalysis.com. Best regards, IMS Infrastructure Management Services, LP Nick Messick Client Services Manager IMS Infrastructure Management Services, LP 16 FOR NCTCOG Use Only TX h re ILA No: Your Public Sector Solutions Center MASTER INTERLOCAL PURCHASING AGREEMENT THIS MASTER INTERLOCAL AGREEMENT ("ILA"). made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act"), by and between the North Central Texas Council of Governments, hereinafter referred to as "NCTCOG," having its principal place of business at 616 Six Flags Drive, Arlington, TX 76011, and the CITY OF FAYETTEVILLE, ARKANSAS, a local government, a state agency, or a non-profit corporation created and operated to provide one or more governmental functions and services, hereinafter referred to as "Participant," having its principal place of business at 113 W. Mountain Street, Fayetteville, AR 72701. WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, in reliance on such authority, NCTCOG has instituted a cooperative purchasing program under which it contracts with eligible entities under the Act; and WHEREAS, Participant has represented that it is an eligible entity under the Act, that is authorized to enter into this Agreement on December 5, 2023 (Date), and that it desires to contract with NCTCOG on the terms set forth below; NOW, THEREFORE, NCTCOG and the Participant do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG under the Act for the purposes recited herein because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state), or a combination of two or more of those entities, a state agency (an agency that the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non-profit corporation created and operated to provide one or more governmental functions and services, and (2) it possesses adequate legal authority to enter into this Agreement. ARTICLE 2: SCOPE OF SERVICES The Participant appoints NCTCOG its true and lawful purchasing agent for the purpose of certain products and services ("Products" or "Services") through the TXShare Program. Participants will access the Program through www.TXShare.org. All purchases under this Agreement shall comply with applicable Texas competitive bidding statutes as well as the specifications, contract terms and pricing applicable to such purchases. NCTCOG may also serve as a coordinating agent to administer the use of eligible Participant contracts to other participants of TXShare. The eligibility of such contracts will be determined by incorporation of coordinating agent authorization in Participant's solicitation documents. Title to all products purchased under the TXShare Program shall be held by Participant unless otherwise agreed. Nothing in this Agreement shall preclude the Participant for purchasing Products and/or Services offered in the TXShare Program directly from the vendor/supplier. FOR NCTCOG Use Only TX ha re ILA No: Your Public Sector Solutions Center ARTICLE 3: PAYMENTS Upon delivery of goods or services purchased and presentation of properly documented invoice, the Participant shall promptly, and in any case within thirty (30) days, pay the contracted provider the full amount of the invoice. All payments for goods or services will be made from current revenues available to the paying party. In no event shall NCTCOG have any financial liability in the Participant for any goods or services Participant purchase through the TXShare Program. ARTICLE 4: PERFORMANCE PERIOD This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed and will remain in full force and effect for one (1) year. This Agreement shall automatically renew for successive one-year terms unless sooner terminated in accordance with Article 6 below. Any modifications of this Agreement must comply with the requirements of Article 5 below. ARTICLE 5: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by both parties, except that any alterations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. NCTCOG reserves the right from time to time to make changes in the scope of products and services offered through the TXShare Program. ARTICLE 6: TERMINATION PROCEDURES NCTCOG or the Participant may cancel this Agreement for any reason and at any time upon thirty (30) days written notice by certified mail to the other party to this Agreement. The obligation of the Participant to pay for any Service and/or Products purchased under this Agreement, shall survive cancellation, as well as any other Participant costs incurred prior to the effective date of cancellation. ARTICLE 7: APPLICABLE LAWS NCTCOG and the Participant agree to conduct all activities under this Agreement in accordance with al applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement. ARTICLE 8: DISPUTE RESOLUTION The parties to this Agreement agree to the extent possible and not in contravention of any applicable state or federal law or procedure established for dispute resolution, to attempt to resolve any dispute between them regarding this Agreement informally through voluntary mediation, arbitration, or any other local dispute mediation process before resorting to litigation. ARTICLE 9: MISCELLANEOUS a. This Agreement has been made under and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under, or in connection with, this Agreement shall lie exclusively in Tarrant County, Texas. b. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective entities. c. This Agreement and the rights and obligations contained herein may not be assigned by either party without the prior written approval of the other parry to this Agreement. FOR NCTCOG Use Only TXShare ILA No: 20 L y Your Public Sector Solutions Center d. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance. In such event, the time for performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation to solely pay funds. f. This Agreement and any attachments/addendums, as provided herein, constitute the complete agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: North Central Texas Council of Governments TXShare 616 Six Flags Drive, Arlington, TX 76011 NCTCOG Executive Director or Designee 1 S Sign of Executive Director or Designee Date Cily of Favetteville_ Name of Participating Agency 113 W, Mostntaaa St� Mailing Address Fayetteville AR 72701 City State Zip Date 12/05/2023 d Official or Designee DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA TXShare Your Public Sector Solutions Center MASTER SERVICES AGREEMENT #2022-063 Pavement Analysis and Related Services THIS MASTER SERVICES AGREEMENT ("Agreement"), effective the last date of signed approval ("Effective Date"), is entered into by and between the North Central Texas Council of Governments ("NCTCOG"), a Texas political subdivision and non-profit corporation, with offices located at 616 Six Flags Drive, Arlington, TX 76011, and IMS Infrastructure Management Services, LP. ("Contractor") 8380 South Kyrene Road, Suite 101 Tempe, AZ 85284 ARTICLE I RETENTION OF THE CONTRACTOR 1.1 This Agreement defines the terms and conditions upon which the Contractor agrees to provide Pavement Analysis and Related Services (hereinafter, "Services") to governmental entities participating in the Texas SHARE program (hereinafter "Participating Entities"). The Contractor is being retained to provide services described below to Participating Entities based on the Contractor's demonstrated competence and requisite qualifications to perform the scope of the services described herein and in the Request for Proposals #2022-063 (hereinafter, "UP"). The Contractor demonstrated they have the resources, experience, and qualifications to perform the described services, which is of interest to Participating Entities and was procured via the RFP. NCTCOG agrees to and hereby does retain the Contractor, as an independent contractor, and the Contractor agrees to provide services to Participating Entities, in accordance with the terms and conditions provided in this Agreement and consistent with Contractor's response to the RFP. ARTICLE II SCOPE OF SERVICES 2.1 The Contractor will provide Services described in a written Purchase Order issued by NCTCOG or a SHARE Participating Entity. Any such Purchase Order is hereby incorporated by reference and made a part of this Agreement and shall be subject to the terms and conditions in this Agreement. In the event of a conflict between any term or provision in this Agreement and any term or provision in a Purchase Order, the term or provision in this Agreement shall control unless the conflicting term or provision in this Agreement is referenced, and expressly stated not to apply, in such Purchase Order. 2.2 All Services rendered under this Agreement will be performed by the Contractor: i) with due care; ii) in accordance with generally prevailing industry standards; iii) in accordance with Participating Entities' standard operating procedures and applicable policies, as may be amended from time to time; and iv) in compliance with all applicable laws, government regulatory requirements, and any other written instructions, specifications, guidelines, or requirements provided by NCTCOG and/or Participating Entities. 2.3 Any agreed -upon changes to a Purchase Order shall be set forth in a subsequent Purchase Order amendment. Contractor will not implement any changes or any new Services until a Purchase Order has been duly executed by Participating Entity. For the avoidance of doubt, the Contractor acknowledges that Participating Entity is under no obligation to execute a Purchase Order. Participating SHARE MSA 2022-063 Pavement Analysis and Related Services Page 1 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA Ly 11�I�311aii 11.,E iiavi%. I.,I aiiy aiiiuui a ,ot included in a Purchase Order in the absence of a fully executed amendment of Purchase Order. 2.4 Pricing for items in Appendix A represent the maximum cost for each item offered by the Contractor. Contractor and Participating Entity may mutually agree to a lower cost for any item covered under this agreement. 2.5 NCTCOG Obligations 2.5.1 NCTCOG shall make available a contract page on its TXSHARE.org website which will include contact information for the Contractor(s). 2.6 Participating Entity Obligations. 2.6.1 In order to utilize the Services, Participating Entities must have executed a Master Interlocal Agreement for Texas SHARE with NCTCOG. This agreement with the Participating Entity will define the legal relationship between NCTCOG and the Participating Entity. 2.6.2 In order to utilize the Services, Participating Entities must execute a Purchase Order with the Contractor. This agreement with the Participating Entity will define the Services and costs that the Participating Entity desires to have implemented by the Contractor. 2.7 Contractor Obligations. 2.7.1 Contractor must be able to deliver, perform, install, and implement services with the requirements and intent of RFP #2022-063 2.7.2 If applicable, Contractor shall provide all necessary material, labor and management required to perform this work. The scope of services shall include, but not be limited to, items listed in Appendix A. 2.7.3 Contractor agrees to market and promote the use of the SHARE awarded contract whenever possible among its current and solicited customer base. Contractor shall agree to follow reporting requirements in report sales made under this Master Services Agreement in accordance with Section 4.2. ARTICLE III TERM 3.1 This Agreement will commence on the Effective Date and remain in effect for an initial term ending on May 5, 2024 (the "Term"), unless earlier terminated as provided herein. This Agreement may be renewed, at NCTCOG's sole discretion, for up to four (4) additional one (1) year terms through November 30, 2028. 3.2 Termination. NCTCOG and/or Participating Entities may terminate this Agreement and/or any Purchase Order to which it is a signatory at any time, with or without cause, upon thirty (30) days' prior written notice to Contractor. Upon its receipt of notice of termination of this Agreement or Purchase Order, Contractor shall follow any instructions of NCTCOG respecting work stoppage. Contractor shall cooperate with NCTCOG and/or Participating Entities to provide for an orderly conclusion of the Services. Contractor shall use its best efforts to minimize the amount of any non -cancelable obligations and shall assign any contracts related thereto to NCTCOG or Participating Entity at its request. If NCTCOG or Participating Entity elects to continue any activities underlying a terminated Purchase Order after termination, Contractor shall cooperate with NCTCOG or Participating Entity to provide for an orderly transfer of Contractor's responsibilities with respect to such Purchase Order to NCTCOG or Participating Entity. Upon the effective date of any such termination, the Contractor shall submit a final invoice for payment in accordance with Article IV, and NCTCOG or Participating Entity shall pay such amounts as are due to Contractor through the effective date of termination. NCTCOG or Participating Entity shall only be liable for payment of services rendered before the effective date of termination. If Agreement is terminated, certain reporting requirements identified in this Agreement shall survive termination of this Agreement. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 2 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA 3.2.1 Termination for Cause: Either party may immediately terminate this Agreement if the other party breaches its obligations specified within this Agreement, and, where capable of remedy, such breach has not been materially cured within thirty (30) days of the breaching party's receipt of written notice describing the breach in reasonable detail. 3.2.2 Breach: Upon any material breach of this Agreement by either party, the non - breaching party may terminate this Agreement upon twenty (20) days written notice to the breaching party. The notice shall become effective at the end of the twenty (20) day period unless the breaching party cures such breach within such period. ARTICLE IV COMPENSATION 4.1 Invoices. Contractor shall submit an invoice to the ordering Participating Entity upon receipt of an executed Purchase Order and after completion of the work, with Net 30 payment terms. Costs incurred prior to execution of this Agreement are not eligible for reimbursement. There shall be no obligation whatsoever to pay for performance of this Agreement from the monies of the NCTCOG or Participating Entities, other than from the monies designated for this Agreement and/or executed Purchase Order. Contractor expressly agrees that NCTCOG shall not be liable, financial or otherwise, for Services provided to Participating Entities. 4.2 Reporting. NCTCOG intends to make this Agreement available to other governmental entities through its SHARE cooperative purchasing program. Contractor shall submit to NCTCOG on a calendar quarterly basis a report that identifies any new client Participating Entities, the date and order number, and the total contracted value of services that each Participating Entity has purchased and paid in full under this Master Service Agreement. Reporting and invoices should be submitted to: NCTCOG ATTN: Texas SHARE PO Box 5888 Arlington, TX 76005-5888 Email: TexasSHAREknctcog.org SHARE MSA 2022-063 Pavement Analysis and Related Services Page 3 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA ARTICLE V SERVICE FEE 5.1 Explanation. NCTCOG will make this Master Service Agreement available to other governmental entities, Participating Entities, and non-profit agencies in Texas and the rest of the United States through its SHARE cooperative purchasing program. The Contractor is able to market the Services under this Agreement to any Participating Entity with emphasis that competitive solicitation is not required when the Participating Entity purchases off of a cooperative purchasing program such as SHARE. However, each Participating Entity will make the decision that it feels is in compliance with its own purchasing requirements. The Contractor realizes substantial efficiencies through their ability to offer pricing through the SHARE Cooperative and that will increase the sales opportunities as well as reduce the need to repeatedly respond to Participating Entities' Requests for Proposals. From these efficiencies, Contractor will pay an administrative fee to SHARE calculated as a percentage of sales processed through the SHARE Master Services Agreement. This administrative fee is not an added cost to SHARE participants. This administrative fee covers the costs of solicitation of the contract, marketing and facilitation, as well as offsets expenses incurred by SHARE. 5.2 Administrative Fee. NCTCOG will utilize an administrative fee, in the form of a percent of cost that will apply to all contracts between awarded contractor and NCTCOG or participants resulting from this solicitation. The administrative fee will be remitted by the contractor to NCTCOG on a quarterly basis, along with required quarterly reporting. The remuneration fee for this program will be 2% on sales. 5.3 Setup and Implementation. NCTCOG will provide instruction and guidance as needed to the Contractor to assist in maximizing mutual benefits from marketing these Services through the SHARE purchasing program. ARTICLE VI RELATIONSHIP BETWEEN THE PARTIES 6.1 Contractual Relationship. It is understood and agreed that the relationship described in this Agreement between the Parties is contractual in nature and is not to be construed to create a partnership or joint venture or agency relationship between the parties. Neither party shall have the right to act on behalf of the other except as expressly set forth in this Agreement. Contractor will be solely responsible for and will pay all taxes related to the receipt of payments hereunder and shall give reasonable proof and supporting documents, if reasonably requested, to verify the payment of such taxes. No Contractor personnel shall obtain the status of or otherwise be considered an employee of NCTCOG or Participating Entity by virtue of their activities under this Agreement. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 4 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA "ATICLE VII REPRESENTATION AND WARRANTIES 7.1 Representations and Warranties. Contractor represents and warrants that: 7.1.1 As of the Effective Date of this Agreement, it is not a parry to any oral or written contract or understanding with any third party that is inconsistent with this Agreement and/or would affect the Contractor's performance under this Agreement; or that will in any way limit or conflict with its ability to fulfill the terms of this Agreement. The Contractor further represents that it will not enter into any such agreement during the Term of this Agreement; 7.1.2 NCTCOG is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from, or ineligible for, participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. Contractor and its subcontractors shall include a statement of compliance with Federal and State Debarment and suspension regulations in all Third -party contracts. 7.1.3 Contractor shall notify NCTCOG if Contractor or any of the Contractor's sub -contractors becomes debarred or suspended during the performance of this Agreement. Debarment or suspension of the Contractor or any of Contractor's sub -contractors may result in immediate termination of this Agreement. 7.1.4 Contractor and its employees and sub -contractors have all necessary qualifications, licenses, permits, and/or registrations to perform the Services in accordance with the terms and conditions of this Agreement, and at all times during the Term, all such qualifications, licenses, permits, and/or registrations shall be current and in good standing. 7.1.5 Contractor shall, and shall cause its representatives to, comply with all municipal, state, and federal laws, rules, and regulations applicable to the performance of the Contractor's obligations under this Agreement. ARTICLE VIII CONFIDENTIAL INFORMATION AND OWNERSHIP 8.1 Confidential Information. Contractor acknowledges that any information it or its employees, agents, or subcontractors obtain regarding the operation of NCTCOG or Participating Entities, its products, services, policies, customer, personnel, and other aspect of its operation ("Confidential Information") is proprietary and confidential, and shall not be revealed, sold, exchanged, traded, or disclosed to any person, company, or other entity during the period of the Contractor's retention hereunder or at any time thereafter without the express written permission of NCTCOG or Participating Entity. Notwithstanding anything in this Agreement to the contrary, Contractor shall have no obligation of confidentiality with respect to information that (i) is or becomes part of the public domain through no act or omission of Contractor; (ii) was in Contractor's lawful possession prior to the disclosure and had not been obtained by Contractor either directly or indirectly from the NCTCOG or Participating Entity; (iii) is lawfully disclosed to Contractor by a third party without restriction on disclosure; (iv) is independently developed by Contractor without use of or reference to the NCTCOG's Participating Entity's Confidential Information; or (v) is required to be disclosed by law or judicial, arbitral or governmental order or process, provided Contractor gives the NCTCOG or Participating Entity prompt written notice of such requirement to permit the NCTCOG or Participating Entity to seek a protective order or other appropriate relief. Contractor acknowledges that NCTCOG and Participating Entities must strictly comply with applicable public information laws, in responding to any request for public information. This obligation supersedes any conflicting provisions of this Agreement. 8.2 Ownership. No title or ownership rights to any applicable software are transferred to the NCTCOG by this agreement. The Contractor and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the software (as an independent work and as an underlying work serving as a basis for any improvements, modifications, derivative works, and applications SHARE MSA 2022-063 Pavement Analysis and Related Services Page 5 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA -L...i iiiay u%.v%,ivY), aiiu an L..Ltereof. All final documents, data, reports, information, or materials are and shall at all times be and remain, upon payment of Contractor's invoices therefore, the property of NCTCOG or Participating Entity and shall not be subject to any restriction or limitation on their future use by, or on behalf of, NCTCOG or Participating Entity, except otherwise provided herein. Subject to the foregoing exception, if at any time demand be made by NCTCOG or Participating Entity for any documentation related to this Agreement and/or applicable Purchase Orders for the NCTCOG and/or any Participating Entity, whether after termination of this Agreement of otherwise, the same shall be turned over to NCTCOG without delay, and in no event later than thirty (30) days after such demand is made. Contractor shall have the right to retain copies of documentation, and other items for its archives. If for any reason the foregoing Agreement regarding the ownership of documentation is determined to be unenforceable, either in whole or in part, the Contractor hereby assigns and agrees to assign to NCTCOG all rights, title, and interest that the Contractor may have or at any time acquire in said documentation and other materials, provided that the Contractor has been paid the aforesaid. ARTICLE IX GENERAL PROVISIONS 9.1 Notices. All notices from one Party to another Party regarding this Agreement shall be in writing and delivered to the addresses shown below: If to NCTCOG: North Central Texas Council of Governments P.O. Box 5888 Arlington, TX 76005-5888 Attn: Craigan Johnson (817)695-9186 Ciohnsonnnctcog.org If to Contractor: IMS Infrastructure Management Services, LP. Attn: Jim Tourek 8380 South Kyrene Road, Suite 101 Tempe, AZ 85284 (480) 462 - 4030 Jtourek@imsanalysis.com The above contact information may be modified without requiring an amendment to the Agreement. 9.2 Tax. NCTCOG and several participating entities are exempt from Texas limited sales, federal excise and use tax, and does not pay tax on purchase, rental, or lease of tangible personal property for the organization's use. A tax exemption certificate will be issued upon request. 9.3 Indemnification. Contractor shall defend, indemnify, and hold harmless NCTCOG and Participating Entities, NCTCOG's affiliates, and any of their respective directors, officers, employees, agents, subcontractors, successors, and assigns from any and all suits, actions, claims, demands, judgments, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees and court costs) (collectively, "Losses") arising out of or relating to: (i) Services performed and carried out pursuant to this Agreement; (ii) breach of any obligation, warranty, or representation in this Agreement, (iii) the negligence or willful misconduct of Contractor and/or its employees or subcontractors; or (iv) any infringement, misappropriation, or violation by Contractor and/or its employees or subcontractors of any right of a third party; provided, however, that Contractor shall have no obligation to defend, indemnify, or hold harmless to the extent any Losses are the result of NCTCOG's or Participating Entities' gross negligence or willful misconduct. 9.4 Limitation of Liability. In no event shall either party be liable for special, consequential, incidental, indirect or punitive loss, damages or expenses arising out of or relating to this Agreement, whether arising from a breach of contract or warranty, or arising in tort, strict liability, by statute or otherwise, even if it has been advised of their possible existence or if such loss, damages or expenses were reasonably foreseeable. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 6 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA , J...,L W JLL113LCL11U111� airy r,IL., v 13I.,1, jL,,,jL.,.,.L Lu LiLie contrary, neither party's liability shall be limited by this Article with respect to claims arising from breach of any confidentiality obligation, arising from such party's infringement of the other party's intellectual property rights, covered by any express indemnity obligation of such party hereunder, arising from or with respect to injuries to persons or damages to tangible property, or arising out of the gross negligence or willful misconduct of the party or its employees. 9.5 Insurance. At all times during the term of this Agreement, Contractor shall procure, pay for, and maintain, with approved insurance carriers, the minimum insurance requirements set forth below, unless otherwise agreed in a Purchase Order between Contractor and Participating Entities. Further, Contractor shall require all contractors and sub -contractors performing work for which the same liabilities may apply under this Agreement to do likewise. All subcontractors performing work for which the same liabilities may apply under this contract shall be required to do likewise. Contractor may cause the insurance to be effected in whole or in part by the contractors or sub -contractors under their contracts. NCTCOG reserves the right to waive or modify insurance requirements at its sole discretion. 9.5.1 Workers' Compensation: Statutory limits and employer's liability of $100,000 for each accident or disease. 9.5.2 Commercial General Liability: 9.5.2.1 Required Limits: $1,000,000 per occurrence; $3,000,000 Annual Aggregate 9.5.2.2 Commercial General Liability policy shall include: 9.5.2.2.1 Coverage A: Bodily injury and property damage; 9.5.2.2.2 Coverage B: Personal and Advertising Injury liability; 9.5.2.2.3 Coverage C: Medical Payments; 9.5.2.2.4 Products: Completed Operations; 9.5.2.2.5 Fire Legal Liability; 9.5.2.3 Policy coverage must be on an "occurrence" basis using CGL forms as approved by the Texas State Board of Insurance. 9.5.3 Business Auto Liability: Coverage shall be provided for all owned hired, and non -owned vehicles. Required Limit: $1,000,000 combined single limit each accident. 9.5.4 Professional Errors and Omissions liability: 9.5.4.1 Required Limits: $1,000,000 Each Claim $1,000,000 Annual Aggregate 9.6 Conflict of Interest. During the term of this Agreement, and all extensions hereto and for a period of one (1) year thereafter, neither party, shall, without the prior written consent of the other, directly or indirectly, whether for its own account or with any other persons or entity whatsoever, employ, solicit to employ or endeavor to entice away any person who is employed by the other party. 9.7 Force Majeure. It is expressly understood and agreed by both parties to this Agreement that, if the performance of any provision of this Agreement is delayed by force majeure, defined as reason of war, civil commotion, act of God, governmental restriction, regulation or interference, fire, explosion, hurricane, flood, failure of transportation, court injunction, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated herein, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the period of time applicable to such requirement shall be extended for a period of time equal to the period of time such party was delayed. Each party must inform the other in writing within a reasonable time of the existence of such force majeure. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 7 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA -XLP111L.Y LkP i G1AU1111. ..V11Lla%,Lvi promptly to inform NCTCOG of any event or change in circumstances which may reasonably be expected to negatively affect the Contractor's ability to perform its obligations under this Agreement in the manner contemplated by the parties. 9.9 Availability of Funding. This Agreement and all claims, suits, or obligations arising under or related to this Agreement are subject to and limited by the receipt and availability of funds which are received from the Participating Entities by NCTCOG dedicated for the purposes of this Agreement. 9.10 Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Texas, United States of America. The mandatory and exclusive venue for the adjudication or resolution of any dispute arising out of this Agreement shall be in Tarrant County, Texas. 9.11 Waiver. Failure by either party to insist on strict adherence to any one or more of the terms or conditions of this Agreement, or on one or more occasions, will not be construed as a waiver, nor deprive that party of the right to require strict compliance with the same thereafter. 9.12 Entire Agreement. This Agreement and any attachments/addendums, as provided herein, constitutes the entire agreement of the parties and supersedes all other agreements, discussions, representations or understandings between the parties with respect to the subject matter hereof. No amendments hereto, or waivers or releases of obligations hereunder, shall be effective unless agreed to in writing by the parties hereto. 9.13 Assignment. This Agreement may not be assigned by either Party without the prior written consent of the other Party. 9.14 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision(s) hereof, and this Agreement shall be revised so as to cure such invalid, illegal, or unenforceable provision(s) to carry out as near as possible the original intents of the Parties. 9.15 Amendments. This Agreement may be amended only by a written amendment executed by both Parties, except that any alterations, additions, or deletions to the terms of this Agreement, which are required by changes in Federal and State law or regulations or required by the funding source, are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. 9.16 Dispute Resolution. The parties to this Agreement agree to the extent possible and not in contravention of any applicable State or Federal law or procedure established for dispute resolution, to attempt to resolve any dispute between them regarding this Agreement informally through voluntary mediation, arbitration or any other local dispute mediation process, including but not limited to dispute resolution policies of NCTCOG, before resorting to litigation. 9.17 Publicity. Contractor shall not issue any press release or make any statement to the media with respect to this Agreement or the services provided hereunder without the prior written consent of NCTCOG. 9.18 Survival. Rights and obligations under this Agreement which by their nature should survive will remain in effect after termination or expiration hereof. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 8 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA ARTICLE X ADDITIONAL REQUIREMENTS 10.1 Equal Employment Opportunity. Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, or national origin. Contractor shall take affirmative actions to ensure that applicants are employed, and that employees are treated, during their employment, without regard to their race, religion, color, sex, sexual orientation, gender identity, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10.2 Davis -Bacon Act. Contractor agrees to comply with all applicable provisions of 40 USC § 3141 — 3148. 10.3 Contract Work Hours and Selection Standards. Contractor agrees to comply with all applicable provisions of 40 USC § 3701 — 3708 to the extent this Agreement indicates any employment of mechanics or laborers. 10.4 Rights to Invention Made Under Contract or Agreement. Contractor agrees to comply with all applicable provisions of 37 CFR Part 401. 10.5 Clean Air Act, Federal Water Pollution Control Act, and Energy Policy Conservation Act. Contractor agrees to comply with all applicable provisions of the Clean Air Act under 42 USC § 7401— 7671, the Energy Federal Water Pollution Control Act 33 USC § 1251-1387, and the Energy Policy Conservation Act under 42 USC § 6201. 10.6 Debarment/Suspension. Contractor is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. Contractor and its subcontractors shall comply with the Certification Requirements for Recipients of Grants and Cooperative Agreements Regarding Debarments and Suspensions. 10.7 Restrictions on Lobbying. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. 10.8 Procurement of Recovered Materials. Contractor agrees to comply with all applicable provisions of 2 CFR §200.322. 10.9 Drug -Free Workplace. Contractor shall provide a drug free work place in compliance with the Drug Free Work Place Act of 1988. 10.10 Texas Corporate Franchise Tax Certification. Pursuant to Article 2.45, Texas Business Corporation Act, state agencies may not contract with for profit corporations that are delinquent in making state franchise tax payments. 10.11 Civil Rights Compliance Compliance with Regulations: Contractor will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation SHARE MSA 2022-063 Pavement Analysis and Related Services Page 9 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA k..»L%-.Ih L11,, 1 \.u\.lal llir,1iway 1-�Ull. '�stration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this agreement. Nondiscrimination: Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 45 CFR Part 21. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by Contractor of obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, sex, or national origin. Information and Reports: Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish this information, Contractor will so certify to NCTCOG, the Texas Department of Transportation ("the State") or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of Contractor's noncompliance with the Nondiscrimination provisions of this Agreement, NCTCOG will impose such sanctions as it or the State or the FHWA may determine to be appropriate, including, but not limited to: withholding of payments to the Contractor under this Agreement until the Contractor compiles and/or cancelling, terminating or suspension of this Agreement, in whole or in part. Incorporation of Provisions: Contractor will include the provisions of the paragraphs listed above, in this section 10.11, in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. Contractor will take such action with respect to any subcontract or procurement as NCTCOG, the State, or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, Contractor may request the State to enter into such litigation to protect the interests of the State. In addition, Contractor may request the United States to enter into such litigation to protect the interests of the United States. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 10 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA 1V.I/- "1a"LKV9911L4M6U11 Luaiucaa LuiciYiiau i i.,gram Requirements Contractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. Contractor shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT -assisted contracts. Each sub -award or sub -contract must include the following assurance: The Contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 10.13 Pertinent Non -Discrimination Authorities During the performance of this Agreement, Contractor, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. b. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects). c. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). d. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. e. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). £ Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). g. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). h. Titles 11 and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. i. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). j. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. k. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). i. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). SHARE MSA 2022-063 Pavement Analysis and Related Services Page 11 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA iv.i-r i■■ciiV,iviiuy Lv AXU%,civc .:7Laic via,iw or Loans, or Receive Payment on State Contracts In accordance with Section 231.006 of the Texas Family Code, a child support obligor who is more than thirty (30) days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least twenty-five (25) percent is not eligible to: a. Receive payments from state funds under a contract to provide property, materials or services; or b. Receive a state -funded grant or loan. By signing this Agreement, the Contractor certifies compliance with this provision. 10.15 House Bill 89 Certification If contractor is required to make a certification pursuant to Section 2270.002 of the Texas Government Code, contractor certifies that contractor does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation. If contractor does not make that certification, contractor state in the space below why the certification is not required. 10.16 Certification Regarding Disclosure of Conflict of Interest. The undersigned certifies that, to the best of his or her knowledge or belief, that: "No employee of the contractor, no member of the contractor's governing board or body, and no person who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this contract shall participate in any decision relating to this contract which affects his/her personal pecuniary interest. Executives and employees of contractor shall be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering the contract, shall exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and associates. When it is in the public interest for the contractor to conduct business with a friend or associate of an executive or employee of the contractor, an elected official in the area or a member of the North Central Texas Council of Governments, a permanent record of the transaction shall be retained. Any executive or employee of the contractor, an elected official in the area or a member of the NCTCOG, shall not solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by contractor or Department. Supplies, tools, materials, equipment or services purchased with contract funds shall be used solely for purposes allowed under this contract. No member of the NCTCOG shall cast a vote on the provision of services by that member (or any organization which that member represents) or vote on any matter which would provide a direct or indirect financial benefit to the member or any business or organization which the member directly represents". No officer, employee or paid consultant of the contractor is a member of the NCTCOG. No officer, manager or paid consultant of the contractor is married to a member of the NCTCOG. No member of NCTCOG directly owns, controls or has interest in the contractor. The contractor has disclosed any interest, fact, or circumstance that does or may present a potential conflict of interest. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 12 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA 1.., LJA%IJ IU%IJL .,.L L.L.1%, �.� �..,.� �.,.���� %,ompensation from the contractor for lobbying activities as defined in Chapter 305 of the Texas Government Code. Should the contractor fail to abide by the foregoing covenants and affirmations regarding conflict of interest, the contractor shall not be entitled to the recovery of any costs or expenses incurred in relation to the contract and shall immediately refund to the North Central Texas Council of Governments any fees or expenses that may have been paid under this contract and shall further be liable for any other costs incurred or damages sustained by the NCTCOG as it relates to this contract. 10.17 Certification of Fair Business Practices That the submitter affirms that the submitter has not been found guilty of unfair business practices in a judicial or state agency administrative proceeding during the preceding year. The submitter further affirms that no officer of the submitter has served as an officer of any company found guilty of unfair business practices in a judicial or state agency administrative during the preceding year. 10.18 Certification of Good Standing Texas Corporate Franchise Tax Certification Pursuant to Article 2.45, Texas Business Corporation Act, state agencies may not contract with for profit corporations that are delinquent in making state franchise tax payments. The undersigned authorized representative of the corporation making the offer herein certified that the following indicated Proposal is true and correct and that the undersigned understands that making a false Proposal is a material breach of contract and is grounds for contract cancellation. 10.19 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment. Pursuant to Public Law 115-232, Section 889, and 2 Code of Federal Regulations (CFR) Part 200, including §200.216 and §200.471, NCTCOG is prohibited from using federal funds to procure, contract with entities who use, or extend contracts with entities who use certain telecommunications and video surveillance equipment or services provided by certain Chinese controlled entities. The Contractor agrees that it is not providing NCTCOG with or using telecommunications and video surveillance equipment and services as prohibited by 2 CFR §200.216 and §200.471. Contractor shall certify its compliance through execution of the "Prohibited Telecommunications and Video Surveillance Services or Equipment Certification," which is included as Appendix D of this Contract. The Contractor shall pass these requirements down to any of its subcontractors funded under this Agreement. The Contractor shall notify NCTCOG if the Contractor cannot comply with the prohibition during the performance of this Contract. 10.20 Discrimination Against Firearms Entities or Firearms Trade Associations Pursuant to Texas Local Government Code Chapter 2274, Subtitle F, Title 10, prohibiting contracts with companies who discriminate against firearm and ammunition industries. NCTCOG is prohibited from contracting with entities, or extend contracts with entities who have practice, guidance, or directive that discriminates against a firearm entity or firearm trade association. Contractor shall certify its compliance through execution of the "Discrimination Against Firearms Entities or Firearms Trade Associations Certification," which is included as Appendix D of this Contract. The Contractor shall pass these requirements down to any of its subcontractors funded under this Agreement. The Contractor shall notify NCTCOG if the Contractor cannot comply with the prohibition during the performance of this Contract. 10.21 Boycotting of Certain Energy Companies Pursuant to Texas Local Government Code Chapter 2274, Subtitle F, Title 10, prohibiting contracts with companies who boycott certain energy companies. NCTCOG is prohibited from contracting with entities or extend contracts with entities that boycott energy companies. Contractor shall certify its compliance through execution of the "Boycotting of Certain Energy Companies Certification," which is included as Appendix D of this Contract. The Contractor shall pass these requirements down to any of its subcontractors funded under this Agreement. The Contractor shall notify NCTCOG if the Contractor cannot comply with the prohibition during the performance of this Contract. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 13 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA 10.22 Domestic Preference As appropriate and to the extent consistent with law, the Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). Consistent with §200.322, the following items shall be defined as: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. IMS Infrastructure Management Services, LP North Central Texas Council of Governments Kurt A Keifer on=Kurt A Ketler, c=US, o 111S DocuSigned by: Inhastructure Management d s.LP. emad_kkede@��St�aana 5/22/2023 imaarreyaie zoz.mma:ze 5/ 4/ 2 0 2 3 o.os.a og:3�rao EF79r.1AFFnFA9R Signature Date Signature Date Michael Eastland Executive Director Kurt Keifer Printed Name SHARE MSA 2022-063 Pavement Analysis and Related Services Page 14 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA "l,PENDIX A Statement of Work The Contractor shall provide or implement one or more of the following Contract Items for Pavement Analysis and Related Services for existing SHARE Member Entities. The following selection of anticipated tasks is not all -encompassing, and additional Pavement Analysis and Related Services tasks may be requested by SHARE Members; if desired. The following categories of pavement analysis services comprise the essential elements of the contracted services available under this Agreement: • Pavement Data Collection • Asset Inventory • Pavement Management Analysis • Electronic Products • Pavement Structural Analysis • GIS Related Services • Value Added Services Contract Item #1 Pavement Data Collection: 1. Automatically and continuously measure pavement cracking, texture, rutting and geometries. Equipment used for rut measurement shall be capable of measuring both wheel track ruts simultaneously. 2. Collect pavement surface distress and structural condition information through automated means for all Participant -owned roadways. Provide a customized digital condition rating system to collect user defined severity/extent- based pavement distresses and pertinent roadway attributes to accommodate a standardized approach to collecting data. 4. Collect dual -wheel path roughness data to International Roughness Index standards. Collect pavement performance information that includes rutting using a minimum of seven (7) sensors (include pricing for nine (9) sensors as well), fatigue cracking, transverse cracking using a minimum of four (4) sensors, and longitudinal cracking 6. Perform friction testing 7. Measure lane striping reflectivity quality Contract Item #2 Asset Inventory: 8. Collect sidewalk data to include location, length, width, location in relation to curb and if greenspaces exist between curb and sidewalk, and sidewalk condition to create shapefiles (.shp) for incorporation into the Participant's GIS system, if applicable. 9. Collect sidewalk Barrier Free Ramp data to include location, configuration, presence of SHARE MSA 2022-063 Pavement Analysis and Related Services Page 15 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA .i.ui.,a...0 ...,111,,01 .,l .,L11,,1 u.A%A. .avi., waiiii r, Feature, and condition and create shapefiles (.shp) for incorporation into the Participant's GIS system, if applicable. 10. Collect roadway sign data to include type and location and create shapefiles (.shp) for incorporation into the Participant's GIS system, if applicable. 11. Collect photos of Barrier Free Ramps, sidewalks, curb condition, drive approach, and/or roadway signs inventoried under items 8, 9, and 10 above. 12. Collect location of curb and gutter and create shapefiles (.shp) for incorporation into the Participant's GIS system, if applicable. 13. Collect location and type of visible in -pavement features such as valves, manhole covers, etc. and create shapefiles (.shp) for incorporation into the Participant's GIS system, if applicable. 14. Collect locations of trees, including height and spread 15. Collect bike lane locations, including width, length, and associated signage and striping. 16. Utilize Ground Penetrating Radar for relocating utilities (for maintenance plans). 17. Collect data on location and surface condition of bridge approaches 18. Collect information on bridge deck condition 19. Perform Parking Lot Pavement Condition Assessment (Thru-Travel Lanes) w/ Inventory, Attribute, & Geodatabase Development 20. Right of Way Assets Database Development (GPS & Camera Configuration): a. Sign & Support Database Development b. Markings & Striping Database Development C. Traffic Signals/ Flashers. Controllers Database Development d. Street Lights Database Development e. Drop Inlets Database Development f. Drivepads Database Development g. Bridges Database Development h. Speed Humps Database Development i. Street Furniture Database Development j. Cattle Guards Database Development k. Guardrails & Roadside Pedestrian Fence Database Development 1. Culverts and Ditches M. Cabinets n. Utility Poles o. Fire Hydrant P. Medians Database q. Valves r. Manhole Covers S. Trees t. Catch Basins/ Drainage Inlets from Master Drainage Plan U. Sidewalk Database Development V. Curb & Gutter Database Development Contract Item #3 Pavement Management Analysis: 21. Calculate the International Roughness Index (IRI) for each road segment in accordance with ASTM E1926. Provide results compatible with the Participant's GIS database, if applicable. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 16 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA 22. Calculate a Pavement Condition Index (PCI) score for each road segment using an approved pavement management system and in accordance with ASTM D6433 or ASTM E3303. Provide results compatible with the Participant's GIS database, if applicable. 23. With input from Participant's staff, devise a weighing system taking into account PCI, IRI, average daily traffic for thoroughfares (traffic count raw data provided by Participant), public safety emergency routes, and apply this 0-100 numeric index to the roadway information collected for the entire jurisdiction. Provide results compatible with the Participant's GIS database, if applicable. 24. Estimate the annual budget required to meet the long-term goals regarding desired pavement condition levels. 25. Create a five-year and ten-year pavement rehabilitation plan with input from Participant's staff. 26. Recommend the computer hardware and software needed for successful implementation, potentially including recommendations for licenses of pavement management system software and other geodatabase software as needed. 27. Train Participant staff and provide assistance to the Public Works and IT Department as needed for the use of data collected through the fully automated system. Contract Item #4 Electronic Products: 28. Roadway information that shall be collected and provided to the Participant at a minimum includes: a. Street Name b. Endpoint One, Endpoint Two, and Segment ID Segment Length and Pavement Width d. Inventory Date e. Pavement Type f. Segment Functional Classification g. Pavement condition scored depending on the requirements of local government Participant(s) (Example: Pavement condition scored as one of the MicroPaver 19 surface distress codes with corresponding unit of measure scored every 100 feet longitudinally) h. Pavement performance information that includes rutting, fatigue cracking, transverse cracking, and longitudinal cracking i. Pavement age (if necessary to develop pavement life curves) 29. Collect digital images at 25-foot intervals of the road surface condition and link to a geodatabase (minimum forward facing imagery). 30. Load assessment data for all Participant -maintained pavements into a pavement management system required by local government Participant(s), if applicable. (Example: MicroPaver). The assessment data shall include visual observations, photographs and measurements collected by instrumentation. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 17 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA 1. imiLli .,aim in mall mvuum, a., uiat pav %.ii,�,iA condition and other data can be integrated, displayed, and accessed through the map interface in a format consistent with the Participant's horizontal and vertical control network system, if applicable. 32. Provide to the Participant the pavement condition data in a pavement management system database approved by Participant. Coordinate with the Participant's IT department to provide pavement condition data in a format compatible with the Participant's Environmental Systems Research Institute (ESRI) GIS database, if applicable. 33. Asset management tools or systems (not just collection) (i.e. 15-year plan about how to fix or repair assets). Contract Item #5 Pavement Structural Analysis: 34. Collect and analyze pavement structural condition information through the use of a falling weight deflectometer in accordance with industry standards on designated participant -owned roadways. 35. Collect and analyze pavement structural condition information through the use of Ground Penetrating Radar (GPR) in accordance with industry standards on designated participant - owned roadways. 36. Collect and analyze pavement structural condition information through the use of pavement cores in accordance with industry standards on designated participant -owned roadways (traffic control included). Contract Item #6 GIS Related Services: 37. GIS Clean -Up Services 38. GIS Support Services 39. GIS Remote Training Sessions from GIS Manager/ Expert (2-Hour Sessions) Contract Item #7 Value Added Services: 40. Full Written Final Report- Firm shall prepare and submit a written project report summarizing the work performed, dates of collection, methodology, and results. 41. Project Presentation- Firm shall prepare and present a written project report summarizing the work performed, dates of collection, methodology, and results to the Participant's legislative body. 42. Provide Curb Ramp and ADABarrier Free Ramp Compliance Survey. 43. Stand-alone field operation for collection of asset inventory only, with different levels of position accuracy and abilities to use data for attribute registration and conditions. a. Photogrammetry b. Mobile Lidar 44. Generic asset types, allowing for any item within line of sight of the collection vehicle. a. Above ground point asset b. Above ground linear asset c. At grade point asset SHARE MSA 2022-063 Pavement Analysis and Related Services Page 18 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA U. AL 61aUl. 11 k ai aDDk.,L 45. Provide consultancy services to develop linework in GIS for missing sidewalks in order to quantify and identify on a map. The awarded Contractor(s) shall provide all necessary field inspectors, vehicles, tools, equipment, traffic control and other services required to perform this work. No engineering services are available under this contact. Any activities that Participant and/or Contractor deem to require the service(s) of an engineer must be procured separately and are the sole responsibility of that party. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 19 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA SHARE MSA 2022-063 Pavement Analysis and Related Services Page 20 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA �l PENDIX A.1 Pricing for Txshare Cooperative Purchase Program Participants For Pavement Analysis and Related Services, Contractor shall quote participating SHARE Entities the rates and/or discount required for a custom implementation of the services specified by the RFP. Contractor's proposed rates for related Pavement Analysis and Related Services are found below. Category # Description Yes No Proposed % Discount I Pavement Data Collection X 0 % 2 Asset Inventory Management X 0 % 3 Pavement Management Analysis X 0 % 4 Electronic Products X 0 % 5 Pavement Structural Evaluations X 0 % 6 GIS Related Services X 0 % 7 Value Added Services X 0 % SHARE MSA 2022-063 Pavement Analysis and Related Services Page 21 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA RFP 2022-063 Pavement Analysis and Related Services Attachment A (per Exhibit D) - Pricing Proposal Form Proposed prices shall include all field inspectors, vehicles, tools, equipment, traffic control, contractor maintenance, and customer service support necessary to provide the desired services. Respondents must not include mobilization fees in their pricing and may not include them in any contract(s) that result from this RFP. If a respondent elects to submit a percentage discount off their catalog pricing for any or all of their services, the corresponding price for each numbered activity listed in Attachment A must account for the proposed discount listed in Exhibit C. If you are not proposing a percentage -discount, please use your established list price for each for each numbered pavement analysis and related services activity. [Example: If your catalog price is $100 per unit, and you indicate a 5% discount from catalog pricing in Exhibit C, your pricing form in Attachment A should reflect a unit price of $95. Conversely, if your catalog price is $100 per unit, and you indicate a 0% discount or N/A in Exhibit C, your pricing form in Attachment A should reflect a unit price of $100.] Service Category #1: Pavement Data Collection Provide Price Per Tiered Group A B C=AxB Unit Base Unit Cost ($) 0-200 Unit Cost M 201-700 Unit Cost ($) 700+ Upon Cost Taal Agreed Upon Unit Cost ($) Ian. Miles Lane Miles Ian. Miles Thal unitsAgreed ($)/Unit cost ($) Activity If Activity Description 1 Automatically and continuously measure pavement cracking, texture, rutting and geometric,. Equipment used for rut measurement shall be capable of measuring both wheel $140.00 $115.00 $100.00 0 track ruts simultaneously. Lane Mile` 2 Collect pavement surface distress and structural condition information through automated means for all Participant -owned roadways. Lane Mile Sim $1.00 Sim 0 3 Provide a customized digital condition rating system to collect user defined severity/extent based pavement distresses and pertinent roadway attributes to accommodate a Lump Sum $2,500.00 0 standardized approach to collecting data 4 Collect dual -wheel path roughness data to International Roughness Indexstandards. Lane Mile $1.00 $1.00 $1.00 0 5 Collect pavement performance information that includes rutting using a minimum of seven (7) sense. (include pricing for nine(9)sensors as well), fatigue cracking, transverseLane 1.00 1.00 1.00 0 racking using a minimum of four (4) sensors, and longitudinal cracking Mile` 6 Perform friction testing Lane Mile` See IMS Value Added see MIS Value Added See IMS Value Added See IMS Value Added 0 It.. 56 below Item 56 below Item 56 below Item 56 below 7 Measure lane striping reflectivity quality l Lane Mile' S0.00 50.00 50.0 1 1 0 Service Category ff2: Asset Inventory Provide Price Per Tiered Group A B C--AxB Unit Base Unit Cost ($) 0-200 Unit Cost ($) 201-700 Unit Co. ($) 700+ Agreed Upon Cost Total Agreed Upon A. Cost ($) Lane Miles Lane Miles one Miles Total Units ($)/Una Cost ($) Activ Activity Description B Coiled sidewalk data to include location, length, width, location in relation to curb and if greenspaces exist between curb and sidewalk and sidewalk condition to create shape $27.60 $27.60 $27.60 0 (.shp) files for incorporation into the Participant's GIS system, if applicable Lane Mile' 9 Coiled sidewalk Barrier Free Ramp data to include location, configuration, presence of truncated domes or other detectable warning feature, and condition and create shape Lane Milel 25.fi0 0 (.shp) files far incorporation into the Participant's GIS system, if applicable 30 Collect roadway sign data to include type and location and create hap, (.,hp) files far incorporation into the Participant's G 15 system, if applicable. Lane Mile $40.90 0 11 Coiled photos of Barrier Free Ramps,sidewalks, curb condition, drive approach, and/or roadway signs inventoried under items 8, 9, and 10 above. Lane Mile $1.00 0 12 Collect location of curb and gutter and create shape (.shp) files for incorporation into the Participant's 615 system, if applicable. Linear Feet $1.00 0 13 Coiled location and type of visible in -pavement features such as valves, manhole covers,etc. and create shape (.shp) files for incorporation into the Participant's GIS system, if Lane Mile 12LN 0 applicable. 14 Collect locations of trees, including height and spread Lane Mile 51.00 $1.00 0 IS Collect bike lane locations, including width,length, and associated signage and striping. Linear Feet 0 16 Utilize Ground Penetrating Radar for relocating utilities (for maintenance plans). Linear Feet See IMS Value Added 0 Item 54 below 17 Coiled data on location and surface condition of bridge approaches Each $3.90 0 I8 Coiled information on bridge deck condition Each $3.90 0 19 Perform Parking Lot Pavement Condition Assessment(Thru-Travel Lanes)w/ Inventory, Attribute,& Geodataba,e Development Square Yard See IMS Value Added 0 Item 57 below 20 (a-v) below: of Way Assets Database Development (GINS 20a Sign & Support Database Development Each $1.70 0 206 Markings& Striping Database Development Each $3.90 0 20c Traffic Signals/ Flashers and Controllers Database Development Each $1.70 0 20d Street Lights Database Development Each $1.70 0 20. Drop Inlets Database Development Each $1.70 0 20f Drive pads Database Development Each $1.70 0 20g Bridges Database Development Each $2.20 0 20h Speed Humps Database Development Each $1.70 0 201 Street Furniture Database Development Each $1.70 0 20j Cattle Guards Database Development Each $1.70 0 201, Guardrails & Roadside Pedestrian Fence Database Development Each $2.20 0 201 Culverts and Ditches Database Development Each $1.70 0 20m Cabinets Database Development Each $1.70 0 Attachment A (per Exhibit D) IMS Pricing Proposal Form Page 1 of 4 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA 20n Utility Poles Database Development Each $1.70 0 20. Fire Hydrant Database Development Each $1.70 0 20p Medians Database Development Each $1.70 0 20q Valves Database Development Each $1.70 0 20r Manhole Covers Database Development Each $1.70 0 20s Trees Database Development Each $1.70 0 20t Catch Basins/ Drainage Inlets from Master Drainage Plan Database Development Each $2.20 0 20. Sidewalk Database Development Each $2.20 0 20v Curb & Gutter Database Development Each $2.20 0 Service Category #3: Pavement Management Analysis Provide Price Per Tiered Group A B C=AxB Alvity Activity Description Unit Unit Base Cost($) Unit Cost M 0-200 Lane Miles Unit Cost M 201-700 Lane Miles Unit Cost IS) 700+ Lane Miles Thal Units Agreed Upon Cost ($)/Unit Taal Agreed Upon Cost($) 21 Calcu late the International Rough ness lmile, (IRI)for each road segment i n accorda nce with ASTM E 1926. Provide results compatible with the Participant's GIS database, if applicable. Lane Mile' $1.00 $1.00 $1.00 0 22 Calcu late a Pavement Condition Index(PCI) score for each road segment using an approved pavement management system and in accorda nce with ASTM D6433 or ASTM E330 Provide results compatible with the Participant's GIS database, if applicable. Lane Mile' 20.00 I5.00 12.00 0 23 With input from Participant's staff, devise a weighing system taking into account PCI, IRI, average daily traffic for thoroughfares (traffic count raw data provided by Participant), public safety emergency routes, and apply this 1-101 numeric index to the roadway information collected for the end re ju risdiction. Provide results compatible with the Participant's GIS database, if applicable.Cost includes base cost plus lane mile unit cost. Lane Miler 2000.00 0.00 1.00 1.00 0 24 Estimate the annual budget required to meet the long-tarm goals regarding desired pavement condition levelCost includes base cost plus lane mile unit cost. Each Participant $4,500.00 $0.00 1.50 $2.00 0 25 Create a five year and ten year pavement rehabilitation plan with input from Participant's staffCost includes base cost plus lane mile unit cost. Each Participant $3,000.00 $0.00 1.50 $2.00 0 26 Recommend the computer hardware and software needed for successful Implementation, potentially including recommendations for licenses of pavement managementsyste software and other geodatabase software as needed. Each Participant S1,500.00 0 27 In Participant staff and provide assistance to the Public Works and IT Department as needed for the use of data collected through the fully automated systenf20 person 'maxmnum per class) Day 3500.00 0 Service Cateeory #4: Electronic Products -1111111 Provide Price Per Tiered Group A B C--AxB Unit Base UnitCost 1$) 0-200 Unit Cost ($) 201-700 Unit Cost ($) 700+ Agreed Upon Cost Total Agreed Upon Unit Cost($) Lane Miles Lane Mlles Zane Miles Total Units ($)/Unit Cost($) Activity # Activity Description 28 Roadway information that shall be collected and provided to the Participant at a minimum includes items a. through I. in Exhibit B Lane Miler $5.00 $3.00 $2.00 0 29 Collect digital images at 25-foot intervals of the road surface condition and link to a geodatabase(minimum forward facing imagery). Lane Miles $5.00 5.00 $5.00 0 Load assessment data for all Participant -maintained pavements into a pavement management system required by local government Participent(s), if applicable. (Example: 30 Micropaver). The assessment data shall Include visual observations, photographs and measurements collected by instrumentatiorCost Includes base cost plus lane mile unit Each Participant $3,500.00 $5.00 $4.00 $3.00 0 cost. 31 Implement map module so that pavement condition and otherdata can be integrated,displayed, and accessed through the map interface in a format consistent with the Each Participant 7000.00 0.00 5.00 5.00 0 Participant's horizontal and vertical control network system, if applicableLost includes base cost plus lane mile unit cost. Provide to the Participant the pavement condition data in a pavement management system database approved by Participant. Coordinate with the Participant's IT department to provide pavement condition data in a format compatible with the Participant's 32 Environmental Systems Research Institute (ESRI) GIS database, if applicable. Each Participant $1,5W.00 $10.00 $8.00 5.00 0 Cost Includes base cost plus lane mile unit cost. 33 Provide asset management tools or systems (not just collection)(i.e., 15-year plan about how to 0x or repair assets)ost includes base cost plus lane mile unit cost. Each Participant $2,500.00 0.00 $0.00 0.00 0 Service Provide Price Per Tiered Group A B C--A.B Unit Base Unit Cost I$) 0-200 Unit Cost I$) 201-700 unit Cost IS) 700+ Agreed Upon Cost Total Agreed Upon Unit Cost($) Lane Miles Lane Miles Lane Miles Total Units ($)/Unit cost IS) Activity # Activity Description Collect and analyze pavement structural condition information through the use of a falling weight deflectometer in accordance with industry standards on designated participan- 34 coned roadways. 0 Collect and analyze pavement structural condition information through the use of Ground Penetrating Radar(GPR) in accordance with industry standards on designated 35 participant -owned roadways. 0 Collect and analyze pavement structural condition information through the use of pavement cores in accordance with industry standards on designated participan[-owned 36 roadways (traffic control includedf cow 0 Service Category #6: GIS Related Services Provide Price Per Tiered Group A B C--AxB Activity # Jill!Unit Activity Description Unit gas. Cost IS) unit Cost I$) 0-200 lane Miles Unit Cost I$) 201-700 Lane Miles unit Cost IS) 700+ Lane Miles Total Units Agreed upon Cost ($)/Unit Total Agreed Upon Cost IS) 37 GIS Clean -Up Services Each Participant $170 oar Hour 0 38 GIS Support Services Each Participant $170 per Hour 0 39 GIS Remote Training Sessions from IMS GIS Manager/ Expert (2-Hour Sessions) Each Participant $170 Per Hour 0 Attachment A (per Exhibit D) IMS Pricing Proposal Form Page 2 of 4 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA Service Category #7: Value Added Services Provide Price Per Tiered Group A B CAx6 Unit Base Unit Cost ($) 0-200 Unit Cost ($) 201-]00 unit cost is) ]00+ Agreed Upon cost Taal Agreed Upon Unit cost($) Lane Miles Lane Miles Lane Miles Total Units ($)/Unit Cost($) ctivity q Activity Description 40 Full Written Final Report- Firm shall prepare and submit a written project report summarizing the work performed, dates of collection, methodology, and results. Each Participant $3,50.00 0 41 Project Presentation- Firm shall prepare and pre sent a written project report summarizing the work performed, dates o£collection,methodology, and results to the Participant' Each Participant $3,500.00 0 legislative body. 42 Provide Curb Ramp and ADA/Barrier Free Ramp Compliance Survey Each Participant See IMS Value Added 0 Item 48 below Stand-alone Held operation for collection of asset inventory only, with different levels of position accuracy and abilities to use data for attribute registration and conditions. a. $].500.00 a. 300.00 a. 90.00 a. 80.00 43 CostPhoo include, base cast plus lane mile unit cos[. Lane Miler b. (See IMS Value b. (See IMS Value Is. (See WAS Value b. (See IMS Value 0 a.M otoe try Added Item 49 below) Added Item 49 below) Atltletl Item 49 below) Atltletl Item 49 below) Lidar b.Mobile Lidar Generic asset types, allowing any item within line ofsight ofthe collection vehicle. Asset types include items a. through d. in Exhibit B. (See IMS Value Added (See IMS Value Added (See IMS Value Added Cost includes base cost plus lane mile unit cost. Lane Mile` 1500.00 Items 50a-v Pricing Items 50a-v Pricing Items 50a-v Pricing 0 below) below) below) 45 Provide consultancy services to develop linework in GIS for missing sidewalks in order to quantify and identify on a map Hour $170.00 0 TOTAL D Lane mile is to be defined as a mile traveled as 1. A single pass on alleyways 2. A centered single pass on residential streets 3. Includes the outside lane in each direction for collectors and arterials (2 total). 'Spacing for pavement cores to be negotiated with each participant. ** The awarded Contractor(s) shall provide all necessary field inspectors, vehicles, tools, equipment, traffic control and other services required to perform this work. No engineering services are available under this contact. Any activities that Participant and/or Contractor deem to require the service(s) of an engineer must be procured separately and are the sole responsibility of that party." Additional IMS value Added Services Provide Price Per Tiered Group A B cAxB ACTIVItyq Activity Description Unit Unit CosBase t($) unit Cont ($) 0-200 Lane Miles nit Cort ($) 201-700 Lane Miles Unit tort ($) 700+ Lane Miles Total Units Agreed Upon Cos[ ($)/Unit Total Agreed Upon cost($) 46 Enhanced Pavement Data QA/QC, Processing, & Formatting (Fully Automated+ Additional Field Observations+Manual CA/QC) Lane Mile' $20.00 $20.00 $20.00 0 47 Full Stand -Alone Pedestrian Network (Sidewalks, Obstructions, Ramps) Condition Assessment Using Sidewalk Surface Tester (SST) and War. Deliverables Include Sidewalk Distresses & Ramp Measurements in Tabular & 6I5 Formats.Cost includes base cost plus sidewalk mile unit cost. Lane Mile' $42,500.00 $450.00 $450.00 $450.00 0 48 Barrier -Free Curb Ramp Inventory and Survey Using Lidar. Deliverables Include Ramp Inventory, Ramp Geometric Measurements and Attributes in Tabular & GI5 Formats. Cost Includes base cost plus sidewalk mile unit cost. Lane Mile' $32,500.00 $100.00 $100.00 $100.00 0 49 Stand-alone Held operation for collection of asset inventory development only with Mobile Lidar. Pricing will vary depending on level of positional accuracy required and asset attribution detail. *v AW o 50(a-v) IgM of Way Assets Data Collection (by per lane/survey mile): Assumes 3 Attributes, per Asset Soa Sign & Support Database Development Lane Mile $57.80 $57.80 $57.80 0 506 Markings & Striping Database Development Lane Mile' $35.89 $36.89 $36.89 0 soc Traffic Signals/Flashers and Controllers Database Development Lane Mile' $17.34 $17.34 $17.34 0 50d Street Lights Database Development Lane Mile' $34.68 $34.68 $34.68 0 s0e Drop Inlets Database Development Lane Mile' $14.45 $14.45 $14.45 0 SOf Drive pads Database Development Lane Mile' $14.45 $14.45 $14.45 0 509 Bridges Database Development Lane Mile' $17.34 $17.34 $17.34 0 50h Speed Humps Database Development Lane Mile' $17.34 $17.34 $17.34 0 Sol Street Furniture Database Development Lane Mile' $17.34 $17.34 $17.34 0 Sol Cattle Guards Database Development Lane Mile' $14.96 $14.96 $14.96 0 501, Guardrails & Roadside Pedestrian Fence Database Development Lane Mile' $14.96 $14.96 $14.96 0 501 Culverts and Ditches Database Development Lane Mile' $14.96 $14.96 $14.96 0 Som Cabinets Database Development Lane Mile' $14.96 $14.96 $14.96 0 Son Utility Poles Database Development Lane Mile' MISS $34.69 $34.68 0 s0o Fire Hydrant Database Development Lane Mile' $14.96 $14.96 $14.96 0 SOP Medians Database Development Lane Mile' $14.96 $14.96 $14.96 0 soq Valves Database Development Lane Mile' $23.12 $23.12 $23.12 0 50, Manhole Covers Database Development Lane Mile' $14.96 $14.96 $14.96 0 50s Trees Database Development Lane Mile' $43.35 $43.35 $43.35 0 Sot Catch Basins/ Drainage Inlets from Master Drainage Plan Database Development Lane Mile' $14.96 $14.96 $14.96 0 sou Sidewalk Database Development Lane Mile' $14.96 $14.96 $14.96 0 Sov Curb & Gutter Database Development Lane Mile' $14.96 $14.96 $14.96 0 Attachment A (per Exhibit D) IMS Pricing Proposal Form Page 3 of 4 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA 51 ROW Assets- Additional Attributes for Any Selected Asset"per Each" Lane Mile' $0.s0 $0.50 $0.50 0 Collect and analyze pavement structural condition w/ falling weight deflectometer(FastFWD) in accordance with industry standards on designated participant -owned roadways 52 Cost Includes base cost plus lane mile unit cost. Lane Mile' $5,000.00 $180.00 $160.00 $140.00 0 Collect and analyze pavement structural condition Information through the use of Ground Penetrating Radar (GPR) In accordance with industry standards on designated 53 roadways. Cost includes base cast plus lane mile unit cost. Lane Mile' $11,500.00 $120.00 $110.00 $100.00 0 54 Utilize Ground Penetrating Radio r forRelacating Utilities (for maintenance plans) Linear Foot $11,500.00 $20.00 $20.00 $20.00 0 Cost Includes base cost plus lane mile unit cost. Collect and analyze pavement structural condition information through the use of pavement cores in accordance with industry standards on designated roadways (ind. traffic 55 ontrol)' Cost includes base cost plus lane its unit cost. *v 0 56 Collect and analyze pavement surface condition information through the use of Friction Testing in accordance with industry standards on designated roadways. $139.00 0 Cost includes base cost plus lane mile unit cost. Lane Mile' $4,500.00 $156.00 $147.00 Perform Parking Lot pavement Condition Assessment(Thru-Travel Lxnes)w/ Inventory, Attribute,& Geodatabase Development 57 Cost includes base cost plus square yard unit cost Square are yard $ 12,500.00 $ 0.20 $0.20 $0.20 0 I nform(tm) Solution for Making the Collected Image Data Available to Clients. Cost includes annual hosting cost plus lane mile unit cost per network lane mile quantities below (a - g). . c 400lane miles a. $2,000.00 b. 400-800 b.$4,000.00 c. 801-1,200 (See notes to left) C.$6,000.00 58 d. 1,201.2,400 Lane Mile' d.$8,000.00 $0.00 $0.00 $0.00 0 e. 2,401- 4,800 e. $10,000.00 f. 4,801.9,600 1. $14,000.00 g. > 9,600 8. $20,000.00 TOTAL ° Attachment A (per Exhibit D) IMS Pricing Proposal Form Page 4 of 4 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA �l PENDIX A.2 Service Area Designation Forms RFP 2022-063 Texas Service Area Designation or Identification Proposer Name: IMS Infrastructure Management Services, LP Notes: Indicate in the appropriate box whether you are proposing to service the entire State of Texas Will service the entire State of Texas Will not service the entire State of Texas YES If you are not proposing to service the entire State of Texas, designate on the form below the regions that you are proposing to provide goods and/or services to. By designating a region or regions, you are certifying that you are willing and able to provide the proposed goods and services. Item Region Metropolitan Statistical Areas Designated Service Area 1. North Central Texas 16 counties in the Dallas -Fort Worth Metropolitan area 2. High Plains Amarillo Lubbock 3. Northwest Abilene Wichita Falls 4. Upper East Longview Texarkana, TX -AR Metro Area Tyler 5. Southeast Beaumont -Port Arthur 6. Gulf Coast Houston -The Woodlands- SugarLand 7. Central Texas College Station -Bryan Killeen -Temple Waco 8. Capital Texas Austin -Round Rock 9. Alamo San Antonio -New Braunfels Victoria 10. South Texas Brownsville -Harlingen Corpus Christi Laredo McAllen -Edinburg -Mission 11. West Texas Midland Odessa San Angelo 12. Upper Rio Grande ElPaso SHARE MSA 2022-063 Pavement Analysis and Related Services Page 26 of 35 go, ;u51gn Envelope IU: EdA4L3ALb-yU5ti-4t36b-bUti4-Ut; )ArbUAb[UA nrr LVL4-VV.7 ivaxionwiae bervice Area Designation or Identification Form Proposer Name: IMS Infrastructure Management Services, LP. Notes: Indicate in the appropriate box whether you are proposing to provide service to all Fifty (50) States. Will service all Fifty (50) States Will not service Fifty (50) States YES If you are not proposing to service to all Fifty (50) States, then designate on the form below the States that you will provide service to. By designating a State or States, you are certifying that you are willing and able to provide the proposed goods and services in those States. If you are only proposing to service a specific region, metropolitan statistical area (MSA), or city in a State, then indicate as such in the appropriate column box. Item State Region/MSA/City Designated as a Service Area 1. Alabama 2. Alaska 3. Arizona 4. Arkansas 5. California 6. Colorado 7. Connecticut 8. Delaware 9. Florida 10. Georgia 11. Hawaii 12. Idaho 13. Illinois 14. Indiana 15. Iowa 16. Kansas 17. Kentucky 18. Louisiana 19. Maine 20. Maryland SHARE MSA 2022-063 Pavement Analysis and Related Services Page 27 of 35 m, .uSlgn Envelope IU: LbA4bALb-UU5t3-4t3t3-bUt34-UtVAt-bUHS/UA L.L. IVIdJJdU IUJCIIJ 22. Michigan 23. Minnesota 24. Mississippi 25. Missouri 26. Montana 27. Nebraska 28. Nevada 29. New Hampshire 30. New Jersey 31. New Mexico 32. New York 33. North Carolina 34. North Dakota 35. Ohio 36. Oregon 37. Oklahoma 38. Pennsylvania 39. Rhode Island 40. South Carolina 41. South Dakota 42. Tennessee 43. Texas 44. Utah 45. Vermont 46. Virginia 47. Washington 48. West Virginia 49. Wisconsin 50. Wyoming SHARE MSA 2022-063 Pavement Analysis and Related Services Page 28 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA APPENDIX B DEBARMENT CERTIFICATION ni)LE ,Q of riic being duly (Name of certifying official) sworn or under penalty of perjury under the laws of the United States, certifies that neither IHS IklFWt`TAVM)" HA JAG 10191 7 a#-V►C�3S, LF , nor its principals (Name of lower tier participant) are presently: • debarred, suspended, proposed for debarment, • declared ineligible, • or voluntarily excluded from participation in this transaction by any federal department or agency Where the above identified lower tier participant is unable to certify to any of the above statements in this certification, such prospective participant shall indicate below to whom the exception applies, the initiating agency, and dates of action. Exceptions will not necessarily result in denial of award but will be considered in determining contractor responsibility. Providing false information may result in criminal prosecution or administrative sanctions. F.Xf F.PT7(1NC- T karl 0 j&L-jT: Title Certification Form 1734 Rev.10-91 TPFS SHARE MSA 2022-063 Pavement Analysis and Related Services Page 29 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA APPENDIX C RESTRICTIONS ON LOBBYING Section 319 of Public Law 101-121 prohibits recipients of federal contracts, grants, and loans exceeding $100,000 at any tier under a federal contract from using appropriated funds for lobbying the Executive or Legislative Branches of the federal government in connection with a specific contract, grant, or loan. Section 319 also requires each person who requests or receives a federal contract or grant in excess of $100,000 to disclose lobbying. No appropriated funds may be expended by the recipient of a federal contract, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any federal executive department or agency as well as any independent regulatory commission or government corporation, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered federal actions: the awarding of any federal contract, the making of any federal grant, the making of any federal loan the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. As a recipient of a federal grant exceeding $100,000, NCTCOG requires its subcontractors of that grant to file a certification, set forth in Appendix B.1, that neither the agency nor its employees have made, or will make, any payment prohibited by the preceding paragraph. Subcontractors are also required to file with NCTCOG a disclosure form, set forth in Appendix B.2, if the subcontractor or its employees have made or have agreed to make any payment using nonappropriated funds (to include profits from any federal action), which would be prohibited if paid for with appropriated funds. SHARE MSA 2022-063 Pavement Analysis and Related Services Page 30 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension continuation, renewal amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 1.100, ature U 6clowo r Title Agency Datt SHARE MSA 2022-063 Pavement Analysis and Related Services Page 31 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA APPENDIX D ATTESTATION OF CONTRACTS NULLIFYING ACTIVITY The following provisions are mandated by Federal and/or State of Texas law. Failure to certify to the following will result in disqualification of consideration for contract. Entities or agencies that are not able to comply with the following will be ineligible for consideration of contract award. PROHIBITED TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT CERTIFICATION This Contract is subject to the Public Law 115-232, Section 889, and 2 Code of Federal Regulations (CFR) Part 200, including §200.216 and §200.471, for prohibition on certain telecommunications and video surveillance or equipment. Public Law 115-232, Section 889, identifies that restricted telecommunications and video surveillance equipment or services (e.g. phones, internet, video surveillance, cloud servers) include the following: A) Telecommunications equipment that is produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliates of such entities). B) Video surveillance and telecommunications equipment produced by Hytera Communications Corporations, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliates of such entities). C) Telecommunications or video surveillance services used by such entities or using such equipment. D) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, Director of the National Intelligence, or the Director of the Federal Bureau of Investigation reasonably believes to be an entity owned or controlled by the government of a covered foreign country. The entity identified below, through its authorized representative, hereby certifies that no funds under this Contract will be obligated or expended to procure or obtain telecommunication or video surveillance services or equipment or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as a critical technology as part of any system prohibited by 2 CFR §200.216 and §200.471, or applicable provisions in Public Law 115-232 Section 889. XThe Contractor or Subrecipient hereby certifies that it does comply with the requirements of 2 CFR §200.216 and §200.471, or applicable regulations in Public Law 115-23 ection 889. SIGNATURE OF AUTHORIZED PERSON: . NAME OF AUTHORIZED PERSON: NAME OF COMPANY: tuft ���trwe���.C3 rra��r�rg�o�- �v�csi� iP DATE: SHARF, MSA 2022-063 Pavement Analysis and Related Services Page 32 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA 1111A ❑ The Contractor or Subrecipient hZw,,by certifies that it cannot comply with the requirements of 2 CFR §200.216 and §200.471, or app ' able regulations in Public Law 115-232 Section 889. SIGNATURE OF AUTHORIZED PERSO NAME OF AUTHORIZED PERSON: NAME OF COMPANY: DATE: SHARE MSA 2022-063 Pavement Analysis and Related Services Page 33 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA DISCRIMINATION AGAINST FIREARMS ENTITIES OR FIREARMS TRADE ASSOCIATIONS This contract is subject to the Texas Local Government Code chapter 2274, Subtitle F, Title 10, prohibiting contracts with companies who discriminate against firearm and ammunition industries. TLGC chapter 2274, Subtitle F, Title 10, identifies that "discrimination against a firearm entity or firearm trade association" includes the following: A) means, with respect to the entity or association, to: I. refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; and II. refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or III. terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association. B) An exception to this provision excludes the following: I. contracts with a sole -source provider; or II. the government entity does not receive bids from companies who can provide written verification. The entity identified below, through its authorized representative, hereby certifies that they have no practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and that they will not discriminate during the term of the contract against a firearm entity or firearm trade association as prohibited by Chapter 2274, Subtitle F, Title 10 of the Texas Local Government Code. XThe Contractor or Subrecipient hereby certifies that it does comply with the requirements of Chapter 2274, Subtitle F, Title 10. SIGNATURE OF AUTHORIZED PERSON: NAME OF AUTHORIZED PERSON: fL--- NAME OF COMPANY: IM4f tl�i2,oST72uc-GLtL[3 H4X24 • HW7 Sig"ICK, LP DATE: /iS%uu -OR- ❑ The Contractor or Subrecipient hereby certifies that it cannot 2274, Subtitle F, Title 10. SIGNATURE OF AUTHORIZED PERSON: NAME OF AUTHORIZED PERSON: NAME OF COMPANY: DATE: with the requirements of Chapter SHARE MSA 2022-063 Pavement Analysis and Related Services Page 34 of 35 DocuSign Envelope ID: E8A4BAE6-905B-4B38-8DB4-C79AF60A57CA BOYCOTTING OF CERTAIN ENERGY COMPANIES This contract is subject to the Texas Local Government Code chapter 809, Subtitle A, Title 8, prohibiting contracts with companies who boycott certain energy companies. TLGC chapter Code chapter 809, Subtitle A, Title 8, identifies that "boycott energy company" means, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: I. engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel -based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; and 11. does business with a company described by paragraph (I). The entity identified below, through its authorized representative, hereby certifies that they do not boycott energy companies, and that they will not boycott energy companies during the term of the contract as prohibited by Chapter 809, Subtitle A, Title 8 of the Texas Local Government Code. `The Contractor or Subrecipient hereby certifies that it does comply with the requirements of Chapter 809, Subtitle A, Title 8. SIGNATURE OF AUTHORIZED PERSON: NAME OF AUTHORIZED PERSON: KSIEdg NAME OF COMPANY: DATE: $ 1S ZGtJ ❑ The Contractor or Subrecipient hereby certifies that it cannot comply with the requirements of Chapter 809, Subtitle A, Title 8. SIGNATURE OF AUTHORIZED PERSON: NAME OF AUTHORIZED PERSON: NAME OF COMPANY: DATE: SHARF, MSA 2022-063 Pavement Analysis and Related Services Page 35 of 35