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HomeMy WebLinkAbout23-239 Resolution No. 23-239 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CYCLOMEDIA TECHNOLOGY, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH ADA RAMP ENHANCED ASSET COLLECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Cyclomedia Technology, Inc., for professional services in connection with ADA ramp enhanced asset collection, a copy of which is attached hereto and made a part hereof. s/David J. Kaptain David J. Kaptain, Mayor Presented: December 20, 2023 Adopted: December 20, 2023 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 20thday ofDecember , 20 23 , by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and CYLCOMEDIA TECHNOLOGY, INC., a Delaware corporation authorized to do business in the State of Illinois; (hereinafter referred to as"CYCLOMEDIA"). • WHEREAS, the CITY desires to engage the CYCLOMEDIA to furnish certain professional services in connection with ADA Ramp Enhanced Asset Collection (hereinafter referred to as the PROJECT); and WHEREAS, CYCLOMEDIA represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW,THEREFORE, it is hereby agreed by and between the CITY and CYCLOMEDIA that the CITY does hereby retain CYCLOMEDIA for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in the engineering matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations,to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Public Services of the CITY,herein after referred to as the"DIRECTOR". B. CYLOMEDIA shall provide to the City a complete citywide ADA Ramp inventory that includes enhanced measurement attributes necessary to determine the type, size, and dimensions necessary to determine compliance with ADA requirements. C. A detailed Scope of Services for the PROJECT is attached hereto as Attachment A and incorporated into this Agreement by this reference. 2. PROGRESS REPORTS A. An outline project milestone schedule is provided hereinunder. B. A detailed project schedule for the PROJECT is included as Attachment B,attached hereto, and incorporated into this Agreement by this reference. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in C below. C. CYCLOMEDIA will submit to the DIRECTOR monthly a status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCTS All work product prepared by the CYCLOMEDIA pursuant hereto including, but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR;provided,however,that the CYCLOMEDIA may retain copies of such work product for its records. CYCLOMEDIA'S execution of this Agreement shall constitute CYCLOMEDIA'S conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the CYCLOMEDIA to the CITY of all such work product prepared by the CYCLOMEDIA pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the CYCLOMEDIA. 4. PAYMENTS TO CYCLOMEDIA(Lump Sum Method) A. The CITY shall reimburse the CYCLOMEDIA for services under this Agreement a lump sum of $74,652.00 Dollars, regardless of actual Costs incurred by the CYCLOMEDIA unless substantial modifications to the project are authorized in writing by the DIRECTOR, and approved by way of written amendment to this Agreement executed by the parties. B. For outside services provided by other firms or consultants,the CITY shall pay the invoiced fee to the CYCLOMEDIA, plus no additional fee. The cost of any such outside services is included within the total lump sum fee amount of$74,652.00 provided for in Section 4A above. C. The cost of all reimbursable expenses is included within the total lump sum fee amount of$74,652.00 provided for in Section 4A above. D. The CITY shall pay CYCLOMEDIA the total amount of $74,652.00 upon completion of the work and within thirty(30)days after receipt and approval of an invoice. 5. INVOICES A. CYCLOMEDIA shall submit invoices in a format approved by the CITY. Progress reports(2C above)will be included with all payment requests. B. The CYCLOMEDIA shall maintain records showing actual time devoted and cost incurred. The CYCLOMEDIA shall permit the authorized representative of the CITY to inspect and audit all data and records of the CYCLOMEDIA for work done under this Agreement. The CYCLOMEDIA shall make these records -2 - available at reasonable times during the Agreement period, and for a year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any time upon thirty(30)days prior written notice to the CYCLOMEDIA. In the event that this Agreement is so terminated, the CYCLOMEDIA shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under section 4 above. 7. TERM This Agreement shall become effective as of the date the CYCLOMEDIA is given a notice to proceed and, unless terminated for cause or pursuant to section 6, shall be deemed concluded on the date the CITY determines that all of the CYCLOMEDIA's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. NOTICE OF CLAIM If the CYCLOMEDIA wishes to make a claim for additional compensation as a result of action taken by the CITY, CYCLOMEDIA shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in CYCLOMEDIA's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and CYCLOMEDIA. Regardless of the decision of the DIRECTOR relative to a claim submitted by CYCLOMEDIA, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party,by reason of any default,fails within fifteen(15)days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the exception of an action to recover the monies the CITY has agreed to pay to CYCLOMEDIA pursuant to section 4 hereof, no action shall be commenced by CYCLOMEDIA against the CITY for monetary damages. CYCLOMEDIA hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including,but not limited to,the Local Government Prompt Payment Act(50 ILCS 501/1,et seq.), as amended,or the Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree that any action by the CYCLOMEDIA arising out of this Agreement must be filed -3 - within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this section shall survive any expiration, completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law,CYLCOMEDIA agrees to and shall indemnify,defend and hold harmless the CITY,its officers,employees,agents,boards and commissions from and against any and all third party claims, suits, judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims,in any way resulting from or arising out of negligent actions or omissions of CYCLOMEDIA in connection herewith,including negligence or omissions of employees or agents of CYCLOMEDIA arising out of the performance of this Agreement. In the event of any action against the CITY, its officers,employees,agents,boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this section shall survive any expiration and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE CYCLOMEDIA shall provide, maintain and pay for during the term of this Agreement the following types and amounts of insurance: A. Comprehensive Liability. A policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. CYCLOMEDIA shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty(30)days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by CYCLOMEDIA under Article 10 entitled"Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively,if the insurance states that it is excess or prorated,it shall be endorsed to be primary with respect to the CITY. -4- B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than$500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. CYCLOMEDIA shall carry Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty(30)days prior written notice to the DIRECTOR. 13. INTENTIONALLY OMITTED 14. NONDISCRIMINATION/AFFIRMATIVE ACTION CYCLOMEDIA will not discriminate against any employer or applicant for employment because of race,color,religion,sex,national origin,age,ancestry,order of protection status,familial status, marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. CYCLOMEDIA shall take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the CITY a written commitment to comply with those provisions. CYCLOMEDIA shall distribute copies of this commitment to all persons who participate in recruitment, screening, referral and selection of job applicants and prospective subcontractors. CYCLOMEDIA agrees that the provisions of Section 5.02.040 of the Elgin Municipal Code, 1976, as amended, is hereby incorporated by reference,as if set out verbatim. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of race, color, religion,sex,national origin,age,ancestry,order of protection status,familial status,marital status, physical or mental disability, military status, sexual orientation, or unfavorable discharge from military service. Any violation of this paragraph shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. - 5 - 16. DELEGATIONS AND SUBCONTRACTORS This Agreement may not be assigned by CYCLOMEDIA without the express written consent of the CITY. Any proposed subcontractors shall require the CITY's advanced written approval. CYCLOMEDIA shall be permitted to utilize so-called partners defined below. CYCLOMEDIA shall be fully responsible to the CITY for the actions and performance of its Partners related to this Agreement. "Partner" shall mean non-employee personnel utilized, directed, and supervised by Contractor as workforce augmentation, who shall have access to, but never possess,CYCLOMEDIA's imagery and data for analytics purposes. 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY The parties intend and agreed that, if any section,sub-section,phrase,clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. HEADINGS The headings of the several sections of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement,nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof,or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be deemed to have been made in,and shall be construed in accordance with the laws of the State of Illinois.Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. -6- 22. NEWS RELEASES CYCLOMEDIA may not issue any news releases without prior approval from the DIRECTOR, nor will CYCLOMEDIA make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS CYCLOMEDIA shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING CYCLOMEDIA certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract,CYCLOMEDIA shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment,utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights,and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by CYCLOMEDIA to the Department of Human Rights upon request(775 ILCS 5/2-105). 26. SUBSTANCE ABUSE PROGRAM. As a condition of this agreement, CYCLOMEDIA shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse -7- Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the DIRECTOR prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by CYCLOMEDIA to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by CYCLOMEDIA be made or confirmed in writing. 28. NOTICES All notices,reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail,postage prepaid, addressed as follows: A. As to CITY: B. As to CYCLOMEDIA: Mike Pubentz, P.E. Bill Wetzel Public Services Director Account Manager City of Elgin Cyclomedia Technology, Inc. 150 Dexter Court 8215 Greenway Blvd., Suite 300 Elgin, Illinois 60120-5555 Middleton,WI 53562 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that CYCLOMEDIA shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing,CYCLOMEDIA hereby certifies,represents and warrants to the CITY that all CYCLOMEDIA'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to work in the United States. CYCLOMEDIA shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work,and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of CYCLOMEDIA to determine CYCLOMEDIA'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit CYCLOMEDIA shall make available to the CITY CYCLOMEDIA'S relevant records at no cost to the CITY. CYCLOMEDIA shall pay any and all costs associated with any such audit. 30. COUNTERPARTS AND EXECUTION This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine or email shall be treated in all manners and respects as an original document. The signature of any party -8 - on a copy of this Agreement transmitted by facsimile machine or email shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 31. MISCELLANEOUS The CITY previously engaged the CYCLOMEDIA to furnish certain professional services in connection with providing 360 degree street level imaging and asset extraction services. The additional work authorized pursuant to this Agreement has been resubmitted for pricing pursuant to the request for proposals pricing process in the same manner for which the previous Agreement between the CITY and the CYCLOMEDIA was priced and procured. This Agreement is in the best interest of the City of Elgin and is authorized by law. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. FOR THE CITY: FOR CYCLOMEDIA: By By: City Manager Name/Print: Bryan Mueller Title: Chief Administrative Officer Att t: City Clerk legal Dept\Agreement\Cyclomedia Agr ADA Ramp Enhanced Asset Collection-11-16-23.docx -9- Attachment A Scope of Services ADA Ramp Enhanced Asset Collection for City of Elgin , IL Prepared: Oct 2023 by: Cyclomedia Technology, Inc. 18215 Greenway Blvd, Middleton, WI 53563 Contact: Bill Wetzel I Account Manager- Midwest M: 630.815.6520 1 E: bwetzel@cyclomedia.com Statement of Work for the City of Elgin, IL This statement of work details services to be performed and products to be delivered by Cyclomedia Technology, Inc. to the City of Elgin, IL(the "Client"), pricing and payment terms, and the designated project areas with respect to the defined deliverables. Professional Services ADA Ramp Enhanced Asset Inventory Cyclomedia will provide a complete citywide ADA Ramp inventory that includes enhanced measurement attributes. All the attributes, measurements and deliverables are described below. These measurements will allow the Client to make compliance determinations. Item Mileage/Count Item Cost Total ADA Ram. Enhanced 536 $139.28/mi $74,652.00 This project can be started in a few weeks' notice and take approximately 8 to 10 weeks to complete. At project kick-off, we will review various types of ramps to confirm that we will be capturing the correct measurements. We will deliver a Phase() dataset to confirm those measurements and deliverables before proceeding with the remainder of the project. TIMELINE MILESTONE Mo th 1 I Month 2 I Month 3 I Month 4 Agreement Award Notice to Proceed Project Management/Planning _ ROW Asset Extraction Phase Zero Phase Zero Approval Extraction QA Delivery Project Invoicing Asset Extraction Invoicing CYCLOMEDIA 2 City of Elgin Project Map �. _ -„, 011,411 '. *4 - ..._ , . . ,_. __. , .„, :,. , ---,sve.,, r2v:, . .vi.,...,...e.* , , .,, _ ..,,,,,,,_,,,,„ „ ;„,,,„ .... Ei ,._ __ ,. ,,._-,....-4,-,a...., ..,,t,,,„ . ,,,-,,-,, -_ -- ....,..,.....„, 1 , ,L._____ ,,, _ . w .p!,,,,,,,,,,,,,,,,,,,,,,,,,,,, ' ,. _ F 'l l i as. L � jw+ter . = _- _ • 1C' 4 a . J � n' - rrAC :+ �% all• II ": �_ ,, ze 7 1 Iii14;IP'' I?. H., , 146:111 . . :4..:‘, Data Dictionary A project kickoff meeting is usually scheduled within the two weeks following the fully executed agreement or the official notice to proceed. During the kickoff meeting the standard definitions of each of the assets in the data dictionary and the attributes of each of them will be reviewed by Cyclomedia and the Client. At the completion of this kickoff meeting, Cyclomedia will send an email to the client confirming that the standard assets and attributes have been reviewed and agreed upon.The client is required to acknowledge confirmation by email that this has been completed and the client agrees.Any delays in receipt of the acknowledgement beyond 3 business days may result in a delay to the total project schedule. If there is any lack of agreement,the sale staff will engage with the client to work out a written change order for the additional cost of non-standard assets or non-standard attributes. After the change order is fully executed, the process of confirming the revised data dictionary will begin again until Cyclomedia and the client have acknowledged the agreement by email. Once there is acknowledged agreement of the data dictionary and all assets,the project will be scheduled. Schedule for Data Extraction Cyclomedia will prepare an initial data extraction on a small portion of the project(between 10 to 50 miles, or 100-200 property images or elevations), known as Phase Zero.This Phase Zero sample will be delivered to the client, the delivery manager will review the submittal with the Client during a CYCLOMEDIA 3 project status meeting.The purpose of the status meeting and Phase Zero submittal is to confirm to the client that the deliverables are meeting the specifications of the data dictionary. If obvious issues are mutually discovered, the delivery manager will review the data dictionary specifications and take action as appropriate.The Client shall have one week to further review the Phase Zero submittal and shall confirm in writing that the Phase Zero deliverable is appropriate for the project. Any issues or concerns by the Client that the Phase Zero deliverable is not conforming to the approved data dictionary shall immediately be brought to the attention of the delivery manager. The project cannot continue until the client acknowledges that the Phase Zero deliverable complies with the data dictionary. Any delays in this acknowledgement may cause DISPROPORTIONAL delays in the entire project as the extraction team may be redeployed to other projects. Once the acknowledgement is completed,the data extraction will be scheduled and completed. All further Phase Deliverables will align with the Phase Zero specification. Features and Attributes ADA Ramp Enhanced • Id • Location(XYZ) • Curb Ramp Type • Adjacent Sidewalk 4 Feet Minimum Width • Adjacent Sidewalk Cross Slope 2% Maximum • Adjacent Sidewalk Passing Space • RampWidth(48" minimum) • Running Slope(8.3% maximum) • Cross Slope(2% maximum) • Flare Slope A(10% maximum) • Flare Slope B(10% maximum) • Turning Space • Turning Space Width (48" minimum) • Turning Space Length (48" minimum) • Turning Space Cross Slope(2% maximum -both directions) • Detectable Warning Surface Length(24" minimum) • Detectable Warning Surface Spans Width of Curb Cut • Truncated Dome Spacing • Detectable Warning Surface Within 5' of Curb Line/Grade Break • Color Contrast • Lip Present(> '/a inch) • Gutter Flowline Slope • Gutter Counter Slope • PedSignalHeight • PedSignalLocation CYCLOMEDIA 4 • CrosswalkClearSpace • RecordedAt • StreetSmart URL Asset Locations All ADA ramps are inventoried as a point placed in the relative center of the ramp.The presence of a DWS(Detectable Warning Surface)will be marked as either yes or no. Accuracy And Completeness • Detection distance of objects: o Objects larger than 10 inches by 10 inches: up to 33 feet from the recording point, o Objects larger than 20 inches by 20 inches: up to 66 feet from the recording point, o Objects larger than 25 inches by 25 inches: up to 82 feet from the recording point. o This only applies when the object is visible in at least 1 image. o Objects beyond 82 feet from the recording location are not extracted. • Positional accuracy of detected objects: o The relative accuracy of standard measurements is average 0.4 inches(1-a), the absolute accuracy of any point in the LiDAR is average 4 inches(1-a)and the precision of an extracted feature is average 6 inches(1-a). Except in long tunnels, woody areas, occluded areas and urban canyons where the positional accuracy is not specified. • In tunnels, the objects are only inventoried if there is enough light to take acceptable photographs. Also, the locational accuracy might decrease inside tunnels. • Standard completeness/correctness of delivery: o Completeness: at least 95%of all the specified objects that are part of this product specification and are visible on the Cyclorama, and within distance specification from the Cyclorama recording locations, are inventoried. o Correctness: of the objects inventoried, each individual attribute type is subject to a 95%correctness. • Quality control is done via a statistical process where the number of checks(sample size) depends on the size of the dataset, with sample size determined using random sampling methodology. 100%QA is not performed. Conforming Data Quality Cyclomedia will evaluate a random sample of data and if the quality is within the specifications, the data set is deemed accepted. Any correction of detected errors is at the sole option of Cyclomedia and does not change the acceptance of the entire data set. If the client does not provide written documentation of quality outside of specification within 15 days of delivery to the client, that data is deemed acceptance. Cyclomedia has 15 days from the receipt of any such documentation to respond, including if considered necessary by Cyclomedia, a plan to address the issues documented. CYCLOMEDIA 5 Other Unless specified elsewhere, hosting of delivered data in Cyclomedia's GIS environment is not included or is provided at additional cost. Delivery • The record contains 3D point objects in the corresponding coordinate system. • The record is available in relevant file formats: o ESRI Geogatabase - Standard o ESRI Shapefile. o .xlxs, .csv, .txt formats available upon request Data Structure The following tables provide an overview of the different attributes in the feature layer and a description of their contents. Attribute Description Data Type UniquelD - - A unique ID created by Cyclomedia. Text CurbRamp General type of ADA ramp Short Integer AdjSWWidth Measured value. Double AdjSWCrossSlope Measured value.(Delivered as percent) Double AdjSWPassingSpace Identifies if there is passing space provided Short Integer at 200 ft intervals if the sidewalk is less than 5 feet wide. RampWidth Measured value. Double RampRunningSlope Measured value.(Delivered as percent) Double RampCrossSlope Measured value.(Delivered as percent) Double RampFlareSlopeA Measured value.(Delivered as percent) Double RampFlareSlopeB Measured value.(Delivered as percent) Double TurningSpace Indicates presence of turning space. Short Integer TurningSpaceWidth The measured value. Measurements over Double 60 inches are reported at 60 inches. TurningSpaceLength The measured value. Measurements over Double 60 inches are reported at 60 inches. TurningSpaceCrossSlo Measured value.(Delivered as percent) Double e _ DWSLen th Measured value. Double DWSSpan I Identifies if the DWS spans the width of the Short Integer curb cut. DWSDomeSpacing Identifies if the truncated domes of the Short Integer DWS are consistently spaced based on a visual assessment. CYCLOMEDIA 6 DWSWithinCurbLine Identifies if the DWS is within 5 feet of the Short Integer curb line/grade break DWSColorContrast Identifies if the DWS is visually distinct from Short Integer the surrounding ramp - LipPresent Identifies if there is a visible lip present at 1 Short Integer the base of the ramp. GutterFlowlineSlope Measured value. (Delivered as percent) Double • GutterCounterSlope Measured value.(Delivered as percent) Double PedSignalHeight Identifies, if a pedestrian signal is present, if Short Integer the height is between 15" and 48" _ PedSignalLocation Identifies, if a pedestrian signal is present, if Short Integer it is within 10"of clear space CrosswalkClearSpace Identifies if there is a crosswalk clear space Short Integer present - Longitude Longitude(x)of coordinates of feature, in Double decimal degrees Latitude Latitude(y)of coordinates of feature, in I Double decimal degrees Elevation Elevation(z)of coordinates of feature, in Double U.S. feet(GRS80) RecordedAt Date of the features field collection Date ssurl StreetSmart link to asset location for Text visualization. - Technical Support Technical support services, via phone or email, are available via the Cyclomedia Service Desk contact form for all support cases is on our website at: Support for users I Cyclomedia. Typical response/resolution time for tech support inquiries is within 24 hours of initial contact. Project Management Cyclomedia will designate a Project Manager("Cyclomedia PM")for this project who will be the main point of contact for all communication with the Client.The Cyclomedia PM will lead its project team and ensure the project progresses with minimal interruption to the proposed schedule. Invoicing Cyclomedia Technology Inc. will invoice as follows: • 100% upon delivery and acceptance of data delivery($74,652.00) CYCLOMEDIA 7 Attachment B Project Schedule Contracting Agreement Award December 20,2023 Notice To Proceed December 21 -27,2023 Project Management/Planning January 2— 12,2024 ROW Asset Extraction Initial Test Data Extraction/Phase Zero January 2— 19,2024 Initial Test Data Extraction/Phase Zero Approval January 15—February 6,2024 Complete Data Extraction January 29—March 8, 2024 Quality Assurance review February 9—March 15,2024 Delivery to City of Elgin March 15, 2024 ADA Ramp Enhanced Asset Collection Agreement w Cyclomedia Final Rev 2023 . 12. 12 Final Audit Report 2023-12-14 Created: 2023-12-14 By: Susan V Mathews(smathews@cyclomedia.com) Status: Signed Transaction ID: CBJCHBCAABAAPtOsEVK6fEkVoXNnpyI4UCdCak3DZemv "ADA Ramp Enhanced Asset Collection Agreement w Cyclomed is Final Rev 2023.12.12" History Document created by Susan V Mathews (smathews@cyclomedia.com) 2023-12-14-5:37:12 PM GMT-IP address:24.183.96.99 I Document emailed to Bryan Mueller(bmueller@cyclomedia.com)for signature 2023-12-14-5:37:41 PM GMT ,t Email viewed by Bryan Mueller(bmueller@cyclomedia.com) 2023-12-14-6:07:41 PM GMT-IP address: 104.47.30.126 (>6 Document e-signed by Bryan Mueller(bmueller@cyclomedia.com) Signature Date:2023-12-14-6:07:57 PM GMT-Time Source:server-IP address:66.170.27.226 0 Agreement completed. 2023-12-14-6:07:57 PM GMT ID Adobe Acrobat Sign