620.14 3M Installation Contract

Forms

3M Request Form

620.12.1 Scope

The guidance is for administering, coordinating and inspecting projects selected for placement of 3M 380I series tape. Direct any questions that you may have of this process to the Construction and Materials Division.

620.12.2 General Contract Requirements

Through June 30, 2007, placement of 3M series tape will be handled under two separate contracts, therefore different contract numbers, job numbers, line items, etc. have or will be set up in SiteManager for reporting and paying for work under the new contract.

For jobs that 3M has placed temporary paint in 2006 will continued to be administered and paid under Contract Number J1D0690. No new line items will be added to this existing contract. This 3M contract was a statewide contract for placement of 3M 380I, 380I-ES and 380I-WR series tape on major, divided highway projects that were completed by December 2006.

All major, divided highway projects to be constructed between January 1, 2007 and December 31, 2011, will be covered under the new Missouri Highways and Transportation Commission Contract Services Agreement with 3M, executed by the Commission on March 13, 2007. See Appendix A for a copy of the new contract.

The 2007 contract requires 3M to place 3M 380I-WR (Type 2 tape) or 380I-5WR (contrast tape) series tape on the lane line and on all other lines between the edge lines of roadways on major, divided highway projects. A preliminary list of future 3M tape projects was developed solely for negotiating the 3M 2007 contract and is believed to be not all inclusive. For this reason, Design and Traffic will decide if projects warrants 3M tape or not during the design and bidding process. However, if there is question if a project upon awarded should have 3M tape or not, contact the Construction and Materials Division. This definitely should be the case for projects awarded prior to this 2007 contract, i.e., projects awarded prior to April 1, 2007.

Major, divided highway projects consisting of maintenance surface treatments, such as microsurfacing or chip seals, are not to be striped with 3M tape. Some major, divided highway projects may also be exempted for 3M tape for the following reasons:

(a) The length of the project is relatively short (less than 1 mile in length) and pavement marking on either end of the project does not consist of 3M tape.

(b) It is logical to delay the placement of the 3M tape on the project until the adjacent pavements are upgraded to 3M tape.

(c) The rehabilitation strategy for the project has a life expectancy of five years or less.

Exceptions will be made on a case-by-case basis, based upon information provided by a district to Construction and Materials and pending approval by Traffic.

The 2007 contract requires 3M to complete all its work by May 31, 2012, and includes a warranty for the 3M 380I series tape to perform for four years, with expectations to perform satisfactorily for 7-8 years.

3M should begin application of pavement markings within five days of the date specified by the engineer. This date will be determined according to the prime contractors schedule and agreement. The date will be considered 3M’s date of notice to proceed. The engineer should notify 3M of that date as soon as possible to allow 3M time to schedule and mobilize its subcontractor (preferably ten days, at minimum, in advance).

If tape installation is not able to begin within the five-day time frame or when climatic conditions restrict the application of durable markings, 3M should apply, at 3M’s expense, temporary paint striping which may remain in place for up to six months.

Mobilization - If 3M is requested to apply pavement markings more than once to a specific job number, a mobilization fee of $1500.00 may apply, but will not exceed a maximum of two mobilization fees per job number. Mobilization charges will not apply on a two-directional roadway project until after the second mobilization has been requested. For projects 10 miles (16 km) or greater in length, provisions have also been made for allowance to request pavement marking to be applied on each 5 mile (8 km) segment of roadway as rehabilitation work is completed.

3M is responsible for removing Type 1 temporary raised pavement markers when located in proximity to where the tape is being installed at no charge to the Commission and removing Type 2 temporary raised pavement markers when located in proximity to where the tape is being installed at a cost of $1.00 per marker removed. Removal of temporary raised pavement markers should be done during placement of 3M tape. Temporary paint placed by 3M that is not covered by 3M tape should be removed by and at the 3M subcontractor’s expense. Any other temporary pavement marking installed outside the limits where 3M tape is installed will be either the district or the contractor’s responsibility.

620.12.3 Material

All temporary pavement marking should be in accordance with Section 1048 of the Standard Specifications. To expedite the approval process for temporary paint on these projects, 3M is submitting to the Central Laboratory samples of each paint lot to be used by 3M subcontractors. Test results for each lot meeting our specifications are entered into SiteManager by Central Laboratory personnel. To verify a lot of paint being used by a 3M subcontractor is approved for use, perform an impromptu search for that lot of paint.

3M tape material should conform to the applicable specifications set forth in the 3M’s recommendation for 380I-WR (Type 2 tape) or 380I-5WR (contrast tape) series tape.

Sealant material to be applied to ground areas outside the allowable alignment tolerances should be either 3M P-50 adhesive, an asphalt emulsion in accordance with Section 1015 of the Standard Specifications or other materials pre-approved by the Construction and Materials Division.

620.12.4 Construction Requirements

620.12.4.1 Coordination of Work

The intent of the 3M contract is to allow 3M subcontractors to install pavement marking without interference with the prime contractor’s work. To minimize conflict of work by all parties will require good communication and coordination between the engineer, the prime contractor and 3M and its subcontractors.

As early as possible, a 3M request form (Appendix B) should be submitted electronically by the RE office to the Construction and Materials Division. The request should not be submitted until all information requested on the form can be provided, including a tentative date when work is to be completed by the prime contractor. Preparation of the form will require the engineer to estimate the quantity of 3M tape to be installed (linear feet of actual tape to be installed, i.e., less gaps) and number of Type 2 rpms to be removed. Note, projects in the April 2007 bid opening and thereafter will have a line bid item quantity in the contract for Type 2 rpms that are to be placed on the centerline. Report that quantity for the number of Type 2 rpms to be removed.

Upon receipt, the request will be logged into the Construction and Materials tracking database and appropriate line items will be created in SiteManager. The request will then be forwarded to 3M. Upon receipt, 3M will initiate their administration process to coordinate and track the work, which is outlined in detail in Appendix C.

Within three working days of the submittal date of the request, 3M should contact the district contact person named on the request form to set up a meeting with the RE office to discuss specific details of the project. If this doesn’t happen within three working days, contact the Construction and Materials Division so it can be determined why a follow-up to the request was not made. During this initial meeting, 3M will complete a 3M pre-job form (Appendix C) with the RE to help clarify project details. This meeting may be done in person, by telephone or e-mail. If possible, it is also recommended that this meeting include the prime contractor as well to establish a good working relationship between all parties and to work out details how work will be accomplished without interference with between contractors

If a date when the work is to begin has not been determined at the time of completion of the pre-job form, the RE should notify 3M when the date to proceed has been established. It is recommended that partial acceptance of a project not be made until after 3M has been notified to proceed with installing pavement markings and there are favorable weather conditions for the foreseeable future (seven days); this will provide ample time for 3M to mobilize forces to install either tape or paint within five days of notification. It is recommended that the risk be placed on the contractor to maintain temporary pavement markings when work is being performed during questionable climatic conditions or time of year that may restrict placement of temporary paint or 3M tape.

Partial acceptance of a project or notification to 3M to proceed should not be made until all other work on the roadway that will require lane closures are complete. It is essential that the 3M subcontractor has the clearance to perform their work without hindrance, just as it is with the prime contractor. The engineer should work with the prime contractor on projects to ensure no conflicts exist. For example, if the prime contractor plans to work on the shoulders that will require closing a lane, then partial acceptance of the traveled way should be held off until that work is complete, unless the prime contractor agrees to postpone that work during 3M striping operations.

The 3M subcontractor should notify the RE office five days prior to showing up on a project. From that point on, the engineer and the 3M subcontractor should deal directly with each other until the work is completed. If conflicts arise that cannot be resolved at that level, the engineer should contact Construction and Materials for assistance.

The engineer should have someone at the initial start of any 3M work on a project to address any questions that the 3M subcontractor may have on the layout of the pavement marking.

The 3M subcontractor should contact the engineer, at minimum, one working day prior to finalizing work on a project. Prior to the subcontractor leaving the project, the engineer should arrange a final inspection of the tape installation to ensure that it is satisfactorily and that both parties, the engineer and the subcontractor, are in agreement of the final quantity of tape to be paid for.

620.12.4.2 Establishment of Centerline Stripe Location

Since the 3M subcontractor has no pre-knowledge of the lane line stripe prior to resurfacing, the prime contractor, with assistance from the engineer, should establish where the final pavement marking should be located. How this will be established and shown on the pavement for the 3M subcontractor should be addressed during the 3M pre-job meeting. Order of precedence in establishing the final lane line location should be as follows:

(a) Avoid abrupt changes in the lane line alignment. For example, when approaching a bridge or other pavement where existing pavement marking exists, stretch out the transition to the existing pavement marking as much as possible.

(b) Keep adjacent line skips aligned as much as possible. Where necessary, shorten or lengthen a skip or pavement marking to quickly match up with existing pavement marking skips.

(c) Avoid existing lane joint on concrete or asphalt pavement.

(d) Maintain 12 ft. (3.6 m) lane width.

(e) Maintain 40-foot cycles for the lane lines.

(f) At bridge approaches, consideration may be given to removing the existing markings on the bridge deck if the above methods create a significant variation in the alignment of the lane lines.

620.12.4.3 Temporary Traffic Control Plan

Temporary traffic control (TTC) measures should be in accordance with the TTC plans provided in the 3M contract (Appendix A). The first four TTC plans in the 3M contract are for stationary operations, i.e., installation of 3M tape. The last TTC plan is for temporary paint mobile operations.

620.12.4.4 Temporary Pavement Marking

It is critical in working with 3M to provide temporary paint markings as soon as possible after the mainline surface work is complete. The benefits are:

(a) The temporary paint will provide good day and night visibility.

(b) Painting in the standard 10-foot by 30-foot pattern will provide good presence on the roadway.

(c) The final footprint for the 3M tape will be established early in the striping process, since the pattern to place the tape will be the same as the temporary paint.

The prime contractor is responsible for maintaining temporary pavement marking until the engineer relieves the contractor of that responsibility by partial acceptance of the roadway. The district is responsible for maintaining temporary pavement marking between the time partial acceptance of a segment of a project has been made to when 3M provides either temporary or permanent pavement marking. To minimize the time between partial acceptance of a project segment of roadway and the time of placement of temporary or permanent pavement markings by 3M, the engineer should closely coordinate the partial acceptance of a project with when 3M will be able to do the work. For example, if it is anticipated, based upon the contractor’s work schedule, that the pavement will be ready for partial acceptance in seven days, 3M should be notified of such so they can make arrangements for their subcontractor to be ready to start pavement marking installation as soon as possible after partial acceptance is made. When such notifications are provided, 3M should be kept informed if circumstances change that may delay partial acceptance of a project. Prior to partially accepting a segment of a project, the engineer may also want to take into consideration the availability of 3M subcontractors to perform the work in order to minimize the time that the district is responsible for maintaining the temporary pavement markings on a project.

Where possible, if the prime contractor agrees, 3M should be allowed to place either temporary or permanent pavement marking prior to partial acceptance of a project. This should definitely be pursued if the prime contractor’s pavement marking subcontractor is a 3M subcontractor. If a 3M subcontractor does install either 3M tape or temporary paint in lieu of temporary raised pavement markers, the temporary pavement marking quantities on the prime contract should be underrun, since 3M is responsible for paying the subcontractor to perform this work. When 3M pavement markings are placed on a segment of roadway prior to partial acceptance of that segment of the project, the prime contractor should be held accountable for costs to repair any damaged 3M tape as a result of the contractor’s operations or diligence until acceptance, partial or final, of that segment of roadway. Damage to 3M tape due to normal traffic operations should be handled in accordance with the conditions of the 3M tape warranty.

Temporary pavement marking paint placed by 3M should have minimum initial retroreflectivity readings of 150 mcd/m²/lux. Temporary pavement marking paint, due to weathering and normal deterioration, should be restriped when retroreflectivity readings average below 100 mcd/m²/lux or when more than 5 percent of the paint stripe is missing in a section of pavement or when 50 percent or more of a 10 ft. lane line is missing. Retroreflectivity readings should be measured using portable hand-operated retroreflectometers. If the temporary pavement marking paint does not meet the minimum requirement, then a request should be sent to the Construction and Materials Division for restriping using the same 3M Request Form as when initially requesting 3M striping for a project. Upon receipt, 3M will complete the restriping within five days of notification, weather permitting.

620.12.4.5 Remobilization Requirements

As stated above regarding mobilization and in accordance with the 3M contract, MoDOT may be responsible for paying for remobilization to 3M when a 3M subcontractor is required to apply pavement markings more than once to a specific job number, except as follows:

(a) No remobilization charges will apply if the pavement marking is found to be unacceptable and needs to be restriped.

(b) No remobilization charges will apply for installation of 3M tape subsequent to placement of temporary pavement marking paint.

(c) No more than two remobilization charges will be charged to a project.

(d) For projects greater than 1.0 mile, but less than 10 miles in length with work in both directions, two mobilization requests are allowed at no cost to MoDOT, one in each direction.

(e) Large jobs in one direction may be broken down into segments, but segments may not be less than 5 miles (8 km) in length. In such cases, remobilization charges will only apply for the second and third request.

(f) Large jobs in both directions may be broken down into segments, but segments may not be less than 5 miles (8 km) in length in each direction. In such cases, remobilization charges will only apply for the third and fourth request.

For example:

• 3 mile (4.8 km) job in one direction: Only one request allowed with no mobilization charge. All subsequent requests, a remobilization charge will apply.
• 2 mile (3.2 km) job in each direction, 4 miles (6.4 km) total job length: Only two requests allowed, one in each direction, with no mobilization charge for either request. All subsequent requests in each direction, a remobilization charge will apply.
• 20 mile (32 km) job in one direction: Up to four requests allowed. No charge for the first and fourth request. Remobilization will be charged for requests two and three. (This falls within the category of no more than two remobilization charges per job.)
• 20 mile (32 km) job in both directions, 40 miles (64 km) total job length: Up to eight requests allowed. No charge for requests one and two. Remobilization will be charged for requests three and four. No charge for subsequent requests, five – eight. (This falls within the category of no more than two remobilization charges per job.)

Based on the above parameters for remobilization charges, the engineer should minimize requests for remobilization. If for safety reasons it is determined remobilization is necessary, such requests with documentation should be submitted to Construction and Materials for approval prior to requesting remobilization of a 3M subcontractor that will incur costs to MoDOT.

620.12.4.6 Removal of Temporary Pavement Markings

As stated in General Contract Requirements, 3M is responsible for removal of all Type 1 and 2 temporary raised pavement markers placed along the centerline. All other removal of temporary pavement markings outside the footprint of the 3M tape is the responsibility of the district or contractor for that project. Therefore, if an exception is given to the contractor to use temporary pavement tape or paint in lieu of Type 1 and 2 temporary raised pavement markers, the temporary pavement markings should be properly aligned and fall within the final footprint of the 3M tape. Any such temporary pavement markings outside the final footprint of 3M tape pavement markings should be removed at the contractor’s expense after the placement of 3M temporary or permanent pavement marking.

When removal is conducted after 3M tape is installed, care should be taken to prevent damaging the 3M tape during removal operations. Replacement of damaged 3M tape will be at the cost of the party causing the damage. If heat is used to remove temporary tape, shielding of the 3M tape should be provided to prevent heat damage to the 3M tape.

620.12.5 Quality Assurance

The engineer should inspect 3M tape installations for workmanship. Discrepancies should be reported as soon as possible to the 3M subcontractor for corrective action and to minimize the time for continuation of unacceptable work. Acceptance of daily values should reflect good workmanship. If poor workmanship is found, then it should be fixed before quantities are accepted.

Prior to installation of 3M tape, 3M will provide a metal template to assist the engineer in checking the depth and width of grooves made for 3M tape installations. Note, it is critical for the performance of the 3M tape that the grooves be ground deep enough to adequately protect the 3M tape from snowplows.

If there is dispute on workmanship or other issues arise that cannot be worked out with the subcontractor to the engineer’s satisfaction, contact the 3M contact person established at the 3M pre-job meeting. If resolution cannot be reached with the 3M contact person, contact the Construction and Materials Division for assistance.

620.12.6 Acceptance

Final installation of 3M tape should be within the guidelines set forth in the 3M contract (Appendix A). Surface preparation, including grooving, and installation of marking materials outside of the allowed tolerances should be corrected as follows. Surface preparation, including grooving, beyond the allowed tolerances should be sealed. If emulsion asphalt is used, it should be diluted with equal parts of water at a rate in accordance with Section 407 of the Standard Specifications to achieve total coverage, and excess emulsion should be blotted with sand prior to opening to traffic. Any 3M tape installations outside the given tolerances should be removed and replaced with new 3M tape material.

Initial minimum retroreflectivity for 380I-WR (Type 2 tape) or 380I-5WR (contrast tape) series tape should be 500 mcd/m²/lux. The initial minimum retroreflectivity for installations of 380I-WR should have an average minimum initial dry reflectivity of 500 mcd/m²/lux. Within 30 days after the material is placed, 3M will provide a minimum of 10 regularly spaced initial reflectivity readings per roadway segment in a mutually agreed format. Do not wait for the retroreflectivity value readings to accept 3M tape. If upon receipt, the retroreflectivity values are below the above values, notify the Construction and Materials Division for corrective action.

620.12.7 SiteManager Requirements

For all jobs that 3M has placed temporary paint in 2006 will continued to be paid under Contract Number J1D0690.

For all major, divided highway construction projects to be constructed between January 1, 2007 and December 31, 2011, all 3M work should be paid under Contract Number 070313-001.

Under Contract Number 070313-001, 12 project numbers have been established. They are:

Project Number	Description
J1P2145	For all 3M Tape work in District 1
J2P2145	For all 3M Tape work in District 2
J3P2145	For all 3M Tape work in District 3
J4P2145	For all 3M Tape work in Urban District 4
J4P2145B	For all 3M Tape work in Rural District 4
J5P2145	For all 3M Tape work in District 5
J6P2145	For all 3M Tape work in District 6
J7P2145	For all 3M Tape work in District 7
J8P2145	For all 3M Tape work in Urban District 8
J8P2145	For all 3M Tape work in Rural District 8
J9P2145	For all 3M Tape work in District 9
J0P2145	For all 3M Tape work in District 10

When a 3M request has been submitted by a RE office, Construction and Materials staff will create line item numbers for each type of work that will be needed to complete 3M tape installation. The RE office will be notified of the line items assigned for that work. Line items will be set up as follows:

(a) The first job submitted under a project number will be assigned line item 0010 for 380I-WR tape, line item 0012 for 380I-5WR tape, line item 0014 for removal of rpms, and if payment for mobilization in accordance with Remobilization Requirements is required, the line item would be 0016.

(b) Subsequently, as jobs are added under a project number, the new line items will be by multiples of 0010, i.e., 002x, 003x, 004x, etc., where x equals 0 for 380I-WR tape, 2 for 380I-5WR tape, 4 for removal of rpms, and 6 for payment of approved remobilization.

(c) Supplemental Description 1 will identify the type of work, i.e., 3M 380I-WR, 380I-5WR, removal of rpms, or mobilization.

(d) Supplemental Description 2 will list the construction project job number.

Daily work reports in SiteManager should be created showing the daily quantity of 3M tape installed, rpms removed or applicable mobilization.

All change orders will be created by Construction and Materials staff, based on SiteManager daily work reports entered by RE offices.

620.12.8 Method of Measurement and Basis of Payment

Final measurement should be made to the nearest linear foot for 3M tape installed. Where intermittent lines are installed, deductions should be made for the gaps in pavement marking.

Final measurement of the number of Type 2 RPMs removed by 3M should be made to the whole number.

Remobilization will be measured, per each, in accordance with Remobilization Requirements and reported as a change order under that project line item number in accordance with SiteManager Requirements.

Twice each month an estimate will be created by Construction and Materials of all 3M projects statewide. This will be sent to 3M and the controller’s office for payment purposes.

620.12.9 Project Tracking

3M has developed an internet site that provides the status of all 3M projects. The address for this is as follows:

3MTrafficSafetyNow.com

Click on: Roadway Maintenance Services

Username: map@mo.gov

Password: modot

620.12.10 Post-Construction Inspections

3M is responsible for performing retroreflectivity readings to evaluate warranty performance and to provide a copy of those readings to Construction and Materials for compliance verification.

It is not unusual through the first Spring freeze/thaw cycle for some isolated pieces of 3M tape to lose adhesion and to need replacement. These areas, when isolated, may be repaired by our maintenance forces. Selected maintenance sheds in each district will receive instruction and 3M tape for such repair purposes.

Excessive missing tape (such as 3 or more skips in a row) or poor retroreflectivity of existing tape will need to replaced by 3M. In those cases, the Construction and Materials Division will notify 3M of the need of repair. 3M upon notification will repair the damaged or missing tape within 45 days of notification.

Observation by MoDOT forces of tape missing or poor retroreflectivity, regardless of quantity, should be reported to the Construction and Materials Division with the following information:

(a) Route and direction.

(b) County.

(c) Original job number if known.

(d) Location.

(e) Name and phone number of person reporting the failure.

(f) Type and amount of failure observed.

(g) Indicate if immediate action needs to be taken because of the lack of striping.

620.12.11 Appendix A (3M 2007 Contract)

CCO Form: GS9

Approved: 06/05 (BDG)

Revised:

Modified: 07/05 (BDG)

MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION CONTRACT SERVICES AGREEMENT

THIS AGREEMENT is entered into by 3M Company, a Delaware corporation, acting through its Traffic Safety Systems Division (hereinafter, "Contractor") and the Missouri Highways and Transportation Commission (hereinafter, "Commission").

WITNESSETH:

WHEREAS, the Commission has selected the Contractor to perform non-professional services in the nature of providing and installing retroreflective pavement marking tape services; and

WHEREAS, the Contractor represents that it is qualified in its field of expertise to competently provide such services.

NOW, THEREFORE, in consideration of the mutual promises, covenants, and representations contained herein, the parties agree as follows:

(1) SCOPE OF SERVICES:

(A) The services covered by this Agreement shall include furnishing all personnel and the equipment, material and all other things necessary for installing six (6) inch wide retroreflective pavement marking tape and eight (8) inch retroreflective pavement marking tape as defined below in Section 1 (B).

(B) The specific services to be provided by the Contractor are as follows:

1. Design and layout for placement of markings in accordance with MoDOT plans and requirements.

2. Traffic control at all work locations

3. Surface preparation, including grooving, and installation of marking materials shall be consistent with the marking alignment and groove length specifications attached to the Contract as Exhibit IV. All temporary paint shall be removed before the installation of the tape. If the required removal extends beyond the allowed groove dimensions, bituminous pavement shall be sealed with an approved sealant.

4. Materials used shall conform to the applicable specifications set forth in the Contractor’s recommendation for 380I-WR or contrast 380I-5WR series tape, which is defined as 6 inch white tape with 1 inch black tape edges.

5. All applied markings will be recessed either by grooving the surface or by inlay of the marking during the asphalt cement concrete paving operations.

6. Clean up and removal of debris and excess materials at the completion of installation.

(C) The Contractor further warranties that the material used will have the following properties:

a. The initial minimum retroreflectivity for installations of 380I-WR and contrast 380I-5WR will have average minimum initial dry reflectivity of 500 mcd/m²/lux. Within 30 days after the material is placed, the Contractor shall provide a minimum of 10 regularly spaced initial retroreflectivity readings per direction per project consisting of 5 miles or less of roadway. For projects greater than 5 miles in length, at minimum, an additional 2 initial retroreflectivity readings shall be made per direction per mile over 5 miles. The readings shall be provided in a mutually agreed format.

b. Minimum retroreflectivity for 380I-WR and contrast 380I-5WR of 200 mcd/m²/lux at 2 years in service.

c. Minimum retroreflectivity for 380I-WR and contrast 380I-5WR of 100 mcd/m²/lux at 3 or 4 years in service.

d. Physical presence of 95 percent of material. Measurement of the retroreflectivity of the material will be done with a mobile retroreflectometer to identify areas of concern. These areas will then be evaluated for warranty performance in accordance with Contractor’s Reflectance Measurement Procedures for Warranty as described in "Market Test Product Bulletin 380I ES May 2004". The remedy for material not meeting the above warranty requirements are set forth in Exhibit I to this Agreement, titled "Scope of Services".

(D) The Contractor shall also complete all work covered by this agreement by December 31, 2011. An allowance will be made on meeting this completion date if climatic conditions restrict the application of the material. If the Contractor is not able to complete all work by May 31, 2012, liquidated damages of $7,300 per day will be assessed until the work is completed. The amount of work to be completed and additional terms are set forth in Exhibit I to this Agreement, titled "Scope of Services," which is attached hereto and made a part of this Agreement. In addition, the Contractor shall comply with Exhibit II to this Agreement, titled "General Terms and Conditions and Special Terms and Conditions," which is attached hereto and made part of this Agreement.

(2) ADDITIONAL SERVICES: The Commission reserves the right to direct additional services not described in Exhibit I as changed or unforeseen conditions may require. Such direction by the Commission shall not be a breach of this Agreement. In this event, a supplemental agreement will be negotiated and executed prior to the Contractor performing the additional or changed services, or incurring any additional cost therefore.

(3) NONSOLICITATION: The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Commission shall have the right to annul this Agreement without liability, or in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

(4) FEES: The amount to be paid to the Contractor by the Commission as full remuneration for the performance of all services called for in this Agreement as shown in Exhibit III, "Pricing Page", attached hereto and made a part of this Agreement.

(5) NONDISCRIMINATION CLAUSE: The Contractor shall also comply with all state and federal statutes applicable to the Contractor relating to nondiscrimination, including, but not limited to, Chapter 213, RSMo; Title VI and Title VII of the Civil Rights Act of 1964 as amended (42 U.S.C. Sections 2000d and 2000e, et seq.); and with any provision of the "Americans with Disabilities Act" (42 U.S.C. Section 12101, et seq.).

(6) SUCCESSORS AND ASSIGNS: The Commission and the Contractor agree that this Agreement and all agreements entered into under the provisions of this Agreement shall be binding upon the parties hereto and their successors and assigns.

(7) INDEMNIFICATION: The Contractor shall defend, indemnify and hold harmless the Commission, including its members and department employees, from any claim or liability whether based on a claim for damages real or personal property or to a person for any matter relating to or arising out of the Contractor’s performance of its obligations under this Agreement.

(8) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri.

(9) AUDIT OF RECORDS: The Contractor must maintain all records relating to this Agreement, including but not limited to invoices, payrolls, etc. These records must be available at all reasonable times at no charge to the Commission and/or its designees or representatives during the period of this Agreement and any extension thereof, and for three (3) years from the date of final payment made under this Agreement.

(10) WORK PRODUCT: All documents, reports, exhibits, etc. produced by the Contractor at the direction of the Commission and information supplied by the Commission shall remain the property of the Commission.

(11) CONFIDENTIALITY: The Contractor shall not disclose to third parties confidential factual matter provided by the Commission except as may be required by statute, ordinance, or order of court, or as authorized by the Commission. The Contractor shall notify the Commission immediately of any request for such information.

(12) SOLE BENEFICIARY: This Agreement is made for the sole benefit of the parties hereto and nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Commission and the Contractor.

(13) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representative of the Contractor and the Commission.

(14) ASSIGNMENT: The Contractor shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission.

(15) BANKRUPTCY: Upon filing for any bankruptcy or insolvency proceeding by or against the Contractor, whether voluntarily, or upon the appointment of a receiver, trustee, or assignee, for the benefit of creditors, the Commission reserves the right and sole discretion to either cancel this Agreement or affirm this Agreement and hold the Contractor responsible for damages.

(16) CANCELLATION: The Commission may cancel this Agreement at any time for a material breach of contractual obligations by providing the Contractor with written notice of cancellation. Should the Commission exercise its right to cancel the contract for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the Contractor.

(17) COMMISSION REPRESENTATIVE: The Commission's State Traffic Engineer, is designated as the Commission's representative for the purpose of administering the provisions of this Agreement. The Commission's representative may designate by written notice other persons having the authority to act on behalf of the Commission in furtherance of the performance of this Agreement.

(18) SECTION HEADINGS: All section headings contained in this Agreement are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement.

(19) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the state of Missouri. The Contractor shall comply with all local, state and federal laws and regulations relating to the performance of this Agreement.

(20) STANDARD SPECIFICATIONS: All work and services provided by the Contractor pursuant to this Agreement shall be in accordance with the Commission's Standard Specifications for Highway Construction, Standard Plans for Highway Construction, Manual on Uniform Transportation Control Devices and the Approved Products List for Traffic Signals and Highway Lighting.

IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below:

Executed by the Contractor the _____ day of ___________________, 20_____.

Executed by the Commission the _____ day of __________________, 20_____.

MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION	3M Company, Inc
By ___________________________	By _____________________________
Title: _________________________	Title: ___________________________
ATTEST:	ATTEST:
______________________________	________________________________
Secretary to the Commission	Title: ___________________________
APPROVED AS TO FORM:	APPROVED AS TO FORM:
______________________________	________________________________
Commission Counsel	Title: ___________________________

620.12.11.1 Exhibit I - Scope of Services

SECTION (1): GENERAL DESCRIPTION AND BACKGROUND

(A) Background: The scope of this contract is to provide for the installation of six (6) inch wide retroreflective pavement marking tape and eight (8) inch contrast pavement marking tape on divided highways as specified by the Commission.

(B) Contract Period: This contract covers work to be completed by December 31, 2011.

SECTION (2): SCOPE OF WORK

(A) Services: The contractor shall provide the following services:

3M will perform the following services to install the pavement markings within MoDOT’s jurisdiction that are listed in the end of this Exhibit hereof (collectively referred to as "the Services"):

a) Design and layout for placement of markings in accordance with MoDOT plans and requirements.

b) Traffic control at all work locations.

c) Surface preparation, including grooving, and installation of marking materials shall be consistent with the marking alignment and groove length specifications attached to the Contract as Exhibit IV. All temporary paint shall be removed before the installation of the tape. If the required removal extends beyond the allowed groove dimensions, bituminous pavement shall be sealed with an approved sealant.

d) Materials used shall conform to the applicable specifications set forth in the Contractor’s recommendation for 380I-WR or contrast 380I-5WR series tape.

e) All applied markings will be recessed either by grooving the surface or by inlay of the marking during asphalt cement concrete paving operations.

f) Clean up and removal of debris and excess materials at the completion of installation.

(B) 3M Responsibilities:

3M will provide MoDOT a work plan to perform Services in a timely fashion that allows for efficient and cost effective installation of markings. At 3M’s option fixed or moving lane closures may be used in the work plan. Traffic control in the contractor work zone shall be in accordance with the figures included in Exhibit V.

The contractor will complete the application of pavement markings within 5 days of the confirmed roadway availability by the district Resident Engineer. This includes pavement markings for specific portions of roadway not less than five miles in length, as requested by the Commission as portions of resurfacing projects are completed and require pavement markings. If tape installation is not able to begin within this time frame or when climatic conditions restrict the application of tape markings, the contractor will apply, at its expense, temporary paint striping, four inches wide, which may remain in place for up to six months. The temporary paint striping shall have a minimum initial retroreflectivity of 150 mcd/m²/lux. The temporary paint shall be maintained with a minimum retroreflectivity of 100 mcd/m²/lux and at a 95 percent physical presence as defined in Exhibit I section (2) (D) paragraph 3. Should the contractor be notified to apply temporary pavement markings more than once to a specific job number, a mobilization fee of $1500 shall apply, not to exceed a maximum of two mobilization fees per job number. Mobilization charges will not apply on two-directional job numbers until after the second mobilization has been requested. Mobilization charges will not apply if the contractor has to reapply temporary paint markings that fall below the minimum criteria described above. The contractor agrees to remove MoDOT type 1 temporary raised pavement markers when located in proximity to where the tape is being installed at no charge to the Commission. The contractor agrees to remove MoDOT type 2 temporary raised pavement markers when located in proximity to where the tape is being installed at a unit cost as indicated in Exhibit III.

3M will provide MoDOT evidence of completion of Services for each project listed in this Exhibit.

(C) MoDOT Responsibilities

MoDOT will ensure that 3M has timely access to work sites. In addition MoDOT will allow use of temporary markings on projects listed in this Exhibit until such time as 3M can provide Services according to the submitted work plan per this agreement.

MoDOT will process and settle all 3M invoices by their due dates. MoDOT will respond promptly, and in any case, within five business days, to any 3M request for direction, information, approval, authorization or other decision reasonably necessary for 3M to perform the Services.

MoDOT will allow 3M to perform Services during daytime and nighttime hours consistent with existing MoDOT policy.

(D) Warranty and Remedy

3M warrants that the Services will be performed in a safe, professional and workmanlike manner consistent with the applicable industry standards. Materials warranty shall conform to the specification and added provisions listed herein. Remedy for failure to meet warranty conditions will be according to the following:

If 380I-WR or contrast 380I-5WR fails to meet initial retroreflectivity of 500 mcd/m2/lux, material will be replaced in kind.

Age of Tape	Warranty Resolution at Retained Retroreflectivity Levels
	>200 mcd/lux2	100-199 mcd/lux2	<100 mcd/lux2
0-2 years	Meets Performance Level	Replacement of material "in-kind"
3-4 years	Meets Performance Level		Replacement of material "in-kind"

Age of Tape	Warranty Resolution at Physical Presence Levels
	>95% presence	<95% presence
0-2 years	Meets Performance Level	Replacement of material "in-kind"
3-4 years	Meets Performance Level	Replacement of material "in-kind"

Physical presence is defined as "Physical failure of more than 5 percent of the tape in a section will require warranty replacement of the tape in that section. Failure of a lane line is defined as 50 percent or more of a ten (10) foot lane line missing."

(E) General Provisions

3M is expressly allowed to subcontract some or all of the services to be performed by under this Agreement, but such subcontracting shall not relieve 3M of responsibility for performance and quality of the services.

3M will not be responsible for the delay in its performance of any obligation under this Agreement caused by acts of God, legal restrictions, or any other conditions beyond the control of 3M.

All notices which are required or permitted in this Agreement will be given in writing and delivered personally (including via any nationally recognized overnight delivery service) to:

3M at:	Division General Manager
	Traffic Safety Systems Division
	3M Center, Building 225
	St. Paul, MN 55144-1000

MoDOT at:	State Traffic Engineer
	2211 St. Mary’s Blvd.
	Jefferson City, MO 65102

Any Party’s address change will be promptly communicated in writing to the other Party.

Tape Estimates for the Better Roads - Brighter Future Program

Fiscal Year	Directional Miles	Estimated Feet
		380I-WR	380I-5WR	Total
2007	447.1	544,703	45,452	590,155
2008	169.7	205,850	18,108	223,958
2009	53.9	71,116	0	71,116
2010	25.8	34,051	0	34,051
2011	43.1	56,834	0	56,834
Totals	739.5	912,554	63,559	976,114
Estimated Lane Miles of SRI Failures		318
Directional Miles		159
Additional Feet for SRI Failures		209,880
Net 5 year estimate of tape		1,185,994

620.12.11.2 Exhibit II - General Terms and Conditions and Special Terms and Conditions

This exhibit contains the Missouri Highways and Transportation Commission Standard Bid/Proposal Provisions, General Terms and Conditions and Special Terms and Conditions

620.12.11.3 Exhibit III - Price Page

PRICE PAGE

3M agrees that the cost for providing services in accordance with the provisions and requirements stated herein.

Unit cost per foot installed of 6 (six) inch wide 380IWR series tape $4.40 for calendar years 2007 and 2008. For the years 2009, 2010 and 2011 an adjustment in price will be allowed per the terms listed in the Price Adjustment Criteria, listed below. The price in effect when the project is released to 3M for tape installation shall be the price paid when the tape is installed.

Unit Cost per foot installed of 8 (eight) inch wide 380I-5WR series tape is $5.10 for calendar years 2007 and 2008. For the years 2009, 2010 and 2011 an adjustment in price will be allowed per the terms listed in the Price Adjustment Criteria, listed below. The price in effect when the project is released to 3M for tape installation shall be the price paid when the tape is installed.

In the event that the Missouri Legislature passes legislation that creates tax exemptions for contractors providing materials for MoDOT projects, 3M agrees to refund to MoDOT on an annual basis the equivalent of the tax savings for new materials applied subsequent to the effective date of the legislation. 3M considers material cost information to be proprietary and this information shall be kept confidential and shall not be disclosed except to determine the appropriate tax savings.

Unit Cost for removal of MoDOT Type 2 temporary raised pavement markers is $1.00.

Price Adjustment Criteria

Price adjustments for 380IWR and 380I-5WR will be allowed in calendar years 2009, 2010 and 2011 of this contract. The following criteria will be used to determine the adjustment for each year.

1. The base price for adjustment will be the price in effect the previous calendar year.

2. The index used for determining the price adjustment will be the Producer Price Index series WPUSOP2000 as published by the Bureau of Labor Statistics (BLS) on their internet site.

3. This is not a seasonally adjusted index.

4. Price adjustments will be made annually.

5. Price adjustments will be calculated on March 1 for that calendar year.

6. Price adjustments will be based on the most current BLS statistics of series WPUSOP2000 issued prior to March 1 of the calendar year.

7. Price adjustments will be determined by the percent equal to the percent change in the annual index of the preceding year over the year prior. For example:

Series WUPSOP2000 annual index 2006 – 164

Series WUPSOP2000 annual index 2005 – 154

Percent change - +6.49 percent

620.12.11.4 Exhibit IV - Quality Standards for Tape Installation

The following standards are for the quality installation of 3M series 380I permanent marking tape.

Alignment

1. Individual skips - bowing

The maximum "bow" or hook of an individual 10 foot section of skips shall not be more that three eights inch from straight.

2. Individual skips – alignment to centerline

The maximum deviation from the centerline of an individual 10 foot section of tape shall be one inch.

3. Longitudinal alignment of skips

The maximum deviation of any skip compared to an adjacent skips, using a string line or drip line connecting a minimum of 10 skips, shall be one-half inch.

Length and Width of Groove

The maximum length of the groove cut for a 10-foot piece of tape shall be 11 feet. Grooved areas greater than 11 feet shall be sealed with either the 3M P-50 adhesive or MoDOT approved alternative. The maximum width of the groove shall be:

• 7 inches where no temporary paint is in place
• 7 inches where 4 inch temporary paint has been placed
• 8 inches where 6 inch wide temporary paint has been placed
• 9 inches where 8 inch wide contrast 380I-5WR will be placed

620.12.11.5 Exhibit V - Traffic Control

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620.12.12 Appendix B - 3M Request Form

The 3M Request Form is in an Excel spreadsheet document that can also be obtained from Construction and Materials. Requests for 3M work should be submitted electronically to Construction and Materials. The following information needs to be submitted:

District

County

Route

Job #

Direction

Length

3M Tape Qty. (ft.)

No. of Type 2 RPMs To Be Removed

Location

Surface Type

Contact Person

Contact Person Phone No.

Restrictions

Date Requested

Tentative Date for Partial Acceptance

Striping Subcontractor on the Project

620.12.12 Appendix C - 3M Administration Process

3M CENTERLINE TAPE INSTALLATION PROCESS FLOW

1) Resident engineer prepares a 3M Request Form (Appendix B) and sends it via e-mail to Charlie Holdt (Charlene M Holdt/SC/MODOT) copy Kim Temmen (Kimt.Temmen@modot.mo.gov)

2) Charlie Holdt/Kim Temmen forwards request to E.J. Rutherford (ejrutherford@mmm.com) and Claudia Aleshire (ckaleshire@mmm.com)

3) E.J. Rutherford places call to Resident Engineer to complete "3M Centerline Tape Project Initial Contact Report" (see below) within 3 business days.

4) E.J. Rutherford reviews the contractor workload and assigns based on availability and time. An activation letter is issued to the subcontractor.

5) Temporary paint is applied within 5 days of the date the RE and Prime Contractor agrees upon and subject to limitations of MoDOT manual.

6) E.J. Rutherford communicates with RE to determine availability of project for tape installation.

7) When a date has been identified for tape installation, 3M and its subcontractor complete "Pre-work Report" to confirm details of the job. At this point, scheduling becomes the responsibility of the 3M subcontractor.

8) 3M subcontractor completes "Job Work Order" (3M internal form) and forwards it to E.J. Rutherford.

9) Apply tape per schedule. As job is being completed, the contractor notifies RE or inspector of expected completion date and time. RE or inspector and contractor complete and sign the "3M Centerline Tape Project Initial Contact Report" (see below). Both must agree on quantities and quality of installation.

10) RE or inspector enters quantities in "Site Manager" to initiate payment to 3M.

Contact Information:

	Office	Cell	FAX
E. J. Rutherford	(573) 886-1423	(573) 356-9566	(573) 886-1459
David May	(651) 733-8321	(651) 592-6860	(651) 575-3055

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3M Centerline Tape Project Initial Contact Report

MoDOT Job #___________Route______________Date______Time________

via: Phone___In Person___

Resident Engineer Contact name & phone #: ___________________________RE cell phone #:____________________________

Onsite Inspector Contact name & phone #: _______________________Inspector cell phone #:________________________

Date project available for 3M ? __________Project Length(Miles):___________

Location Start: ___________________________________________________

Location End: ____________________________________________________

Partial or Entire MoDOT Job Number?

If partial: Expected Release Date of next "Stage": __________________

Pavement types: Asphalt ______ Concrete________Diamond Grind______

Is this section of roadway & assoc. work Complete (incl. Edgelines & Shoulders)?

Yes_____No______

If no, work is to be completed by (date): ___________________

Contractor for Remaining Work Actys:

Company / Contact Name/Phone Number _______________________

Required Types of Pvmt Markings: Skips___Ramp Markings___Turn Lanes__Acceleration Lanes _____

Is this ALL Pvmt Marking Lines between the Edge Lines?

eg, Longitudinal lane lines, etc. ______________

Confirm RE aware MoDOT is responsible for verifying Traffic Control and Layout (Verify layout(s) PRIOR to installation):_______

Confirm final measurement of project will be reported as;

____Count Number of Skips

____Measurement of continuous lines

If required, is a MoDOT Facility available for Drop-Shipment of Material?

Is equipment to offload material available at this MoDOT facility?

Yes_____ No______

MoDOT Contact Name________________Phone #______________

Restrictions:'

Work hours Allowed:

Monday thru Friday ___________

Saturday ___________

Sunday ___________

Work Restricted on Special Events/Holidays? Yes_____No_____

If yes, provide info___________________________________________

Number of lane closures allowed:____Length of lane closures allowed:_______

Meeting date for Layout and Alignment Questions: ________________

Submitted By:___________________________ Date:__________

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MoDOT Project No.: __________ Date: RE Name: ____________________ Phone No.: Inspector Name: _____________ Phone No.: Subcontractor: _____________ Phone No.: 3M-RMS Representative: ______ Phone No.:

	Date
Work Plan Reviewed	__________
Traffic Control Plan Approved by RE	__________
Safety/Incident Specs Reviewed	__________
3M Install Specs Reviewed	__________

MoDOT Responsibilities Reviewed: ∝ Traffic Control ∝ Layout

Description

Project Start Point _________________________________________________

Project End Point ___________________________________________________

Restrictions:

Additional Work:

Date Subcontractor Notified RE of Beginning Work (72 hours prior to work): _____________________

Submitted By: _________________________ Date: __________________________

FAX FORM TO: (651) 736-3039 attn: C. Aleshire