Loading...
11-0621_3M, INC._Personal Services Agreement PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this-day of JwIC, 2091, by and between the San Juan Capistrano (hereinafter referred to as the "City") and 3M, Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to create a sign inventory and database; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Consultant shall consist of those tasks as set forth in Exhibit"A," attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit"A"and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall continue until notified that said services are no longer required, subject to 15 days notice of termination. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $32,998 for initial inventory/database and $1,500 annually thereafter for software maintenance, as set forth in Exhibit "B," attached and incorporated herein. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoicesbased on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 1 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not.an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to the City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this. Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City,the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there, and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 2 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law;_E-Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E-Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E-Verify program, Consultant shall enroll in the E-Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E-Verify program can be found at http://www.uscis._qov, or access the registration page at hftps://e-verify.uscis.gov/enroll/. Consultant shall certify its registration with E-Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. 3 Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in anyway connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class V11 or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks 4 associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers, 14.5 Errors and Omissions Coverage NIA 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30)days'written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions 5 have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed"verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days` advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, thea the agreement may be terminated subsequent to the ten (10) day.cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Nasser Abbaszadeh, Public Works Director To Consultant: 3M — Traffic Safety Division 3M Center, Building 235-3A-09 St. Paul, MN 55144-1000 Attn: David Nyberg, Business Development Manager Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). 6 Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: t�Tn..... Dave Adams, Interim City Manager CON5U TA.NT By: ATTEST: w Maria Morris,-Cit, Clerk APPROVED AS TO FORM: _/' J L- IL, Omar Sandoval, City Attorney 7 3111 Traffic Safety Systems 31V1 Center Building 235-3A-099 St.Paul,iVIN 55144-1000 651 7331110 November 22,2010 Ms.Jill Thomas Senior Management Analyst City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano,CA 92675 Dear Ms.Thomas, 3MY"Traffic Safety Systems Division and our Roadway Maintenance Services group are pleased to submit this proposal in response to the Consulting Services-Sign Inventory and Database Creation RFP. We believe our project management methods,commitment to extraordinary service, innovative products and & sign management technology form a comprehensive solution that will deliver the following benefits for the City of San Juan Capistrano: Functional,practical and easy to use sign management tools and technology, .g Superior training and technical support for our software systems, Highest quality materials and services exceeding your requirements l rr All of these features backed by the 3M brand,a benchmark of reliability and service for over 100 years Our proposal is for the implementation of a 3M"m Sign Management System supporting the management of the City's signs,as defined in the RFP, in compliance with the FHWA minimum retro-reflectivity requirements. This turnkey solution includes all data collection and processing, ( daytime and nighttime assessments,web-based sign inventory database,field asset status tool `.l (FAST tool)for maintenance and training on the FAST tool and website. Also included are Blanket Replacement Plans for Traffic and Street Name signs along with estimated costs for budgeting l purposes. The system will be designed with ease of use and efficiency and support all key features identified in this Request for Proposal Including: Conducting a comprehensive inventory and assessment of each sign within the City border limits, including collecting inventory and condition data, Developing a web-based sign management database(SQL)to document and track the sign inventory and maintenance with full integration ability Into Maintstar software at a future date, I Develop a plan to upgrade deficient street name signs, l Develop a blanket replacement pian with estimated costs for traffic and street name signs, Working closely with the Public Work Traffic and Maintenance Districts to facilitate collaborative teamwork and effective communication. If there are any questions regarding how the 3M Sign Management Systems works and the benefits it 1 could provide to the City of San Juan Capistrano,3M would greatly appreciate an opportunity to demonstrate our system prior to award of this contract. After seeing our system,we believe you will agree it is the most complete system in today's marketplace. Thank you for your consideration. We look forward to working with the City of San Juan Capistrano on I this project. j Sincerely, 3 l l � :. Debra Gaborik-Snyder Marketing Manager 3M Roadway Maintenance Services l E EXHIBIT A Request for Proposal for Consulting Services—Sign Inventory and Database Creation for the City of San Juan Capistrano TABLE OF CONTENTS .,. .............................................. ..».,..,.......,.......... --'� 1.0 NARRATIVE SUMMARY» ............. ,3 2.0 RELEVANT EXPERIENCE................................ ................. lA. 3M Company Profile...... ............................................... ..................................................................5 1. 3MT'"Traffic Safety Systems Division :...................................................................I.................... 5 2. 3M11 Roadway Maintenance Services ........................................................................................5 ` B. Experience and Client References-Traffic Sign Inventory Programs.................. .................6 l 1. Maryland SHA Pavement Marking and Sign Management Inventory Program...........................6 2. City of Southgate, CA-Traffic Sign Inventory............................................................................7 3. Tennessee Delta Grant Program..................................................................................................7 3.0 PROJECT UNDERSTANDING ......................».........................»...........................,......,.,,......,,.,...............8 A. General Overview........................................................................................... 8 B. 3MTM Sign Management System............................................................................ ....r.................... 9 t1. Overview......................................................................................................................................9 2. Sign Inventory Data Collection and Processing ..10 3. 31MT" Field Asset Status Tool,...................._. .................................................................... 11 4. Assessment of Sign Performance..............................................................................................13 5. Web-based Sign Inventory Database........................................................................................14 i 4.0 DEPLOYEMENT OF THE 3MT11 SIGN MANANAG MENT SYSTEM .................................................................16 A. Phase I- Data Capture- Mobile Image Capture System................................................................16 B. Phase II - Building the Inventory....................................................................................................17 lC. Final Inventory Database............................................................................................................................18 ( Ty D. Deliverables to the City of San Juan Capistrano................................... ...........................................18 E. City of San Juan Capistrano-Information to be provided to 3M.................... ' 5.0 3M PROJECT TEAM__ ................ A. Organization Chart....................................____.........................,...............................,....................20 B. Key Personnel Resumes.............. ........... ..........__...................... ........ ......... ........21 1. Sithya Khieu - Project Manager.............................. ' 2. Jeff Coate- Senior GIS and Data Management Specialist.........................................................22 l - g p ........................................ j 3. Will Freeman Data Collection and Processing Specialist................. 24 l 6.0 PROJECT ALAN - SIGN INVENTORY AND DATABASE................................................................................. 26 A. High Level Project Plan...........................................................................................I....................... 26 7.0 BLANKET"REPLACEMENT PLAN FOR TRAFFIC AND STREET NAME SIGNS......................................... 27 A. Implementation Plan...................................................................................................................... 27 B. Assessment......................................................................................................................................27 C. Work Plan Generation................... 28 D. Submittal and Approval...............................................................................................,...,........ ......... .................... . , 28 1 E. Fabrication............................. ..................................................................................................... 28 F. Installation.,..................................................................................... 28 I G. Traffic Engineering....................................................................................................................... .29 H, 3M's Blanket Replacement Pian .................................................................................................... 29 8.0 REQUIRED FORMS., :.,;.31...._,.. A. Schedule C- Evaluation Criteria-Proposal Evaluation Form................................ .: B. Schedule D - Form of Proposal............... ..................._............................... roposal...............:........................................................ C. Schedule E -Agreement to Contract and Schedule of Prices.,................ ............. rices.................. ............. 1. Pricing Notes......................................................................................... ..................,.... 31 i D. Schedule F- Bidder's References..................................................................................................-- 1 ; l l f Request for Proposal for Consulting Services—Sign Inventory and.Database.Creation for the City.of San Juan Capistrano l E, Schedule G List of Subcontractors..............................:................................................................... } I9.0 APPENDICES........ ................................... ...... ............... ...... ........ . ..............,..... 32 g` A. 3MTM Sign Management System....:.........................................................................................32 g B. Sign Assessment Processes using the FHWA Comparison Panel Method....................................34 C. Example of 3MTm FAST Tool Software License..........................................................................37 D. 3M'111 Sign Management Flyer and Cly...... .........................................................__ i 1 I l s g` tl s k l s 1 i I I r A 2 i 1.0 Narrative Summary 3M is.delighted to submit this proposal for securing the services of an experienced consultant to complete an inventory of traffic and other city owned signs and create a database of the results for the City of San Juan Capistrano. 3M will provide a web-based inventory database that will contain all sign attributes, assessment and inspection data for each sign within the project scope. The data housed in the web-base database can then be used by the City for maintenance activities. The 3M"m Sign Management System provides the City with a FAST tool for recording maintenance data in the field and then uploading to the web-based database to keep the inventory data current. 3M will also provide the associated software training and annual maintenance for supporting the City. We believe our methods, management tools, people, partners, and pricing options form a creative and comprehensive solution for the City of San Juan Capistrano. s j 3M offers a full-service turnkey solution to address the City's traffic sign inventory and management requirements. A hallmark characteristic of our service business is to tailor unique solutions for our agency customers that fully meet their needs and expectations. Our comprehensive solution includes features that will deliver the following benefits to the City of San Juan Capistrano: *:• State of the art GIS based sign management tools, methods, and systems Comprehensive, efficient and detailed data collection Systematic planning and annual maintenance activities based on sign sheeting life expectancy •'• Accelerated sign upgrades with assured long term performance, and ••r Cost savings over other sign management solutions 3M will begin the project with a "kick-off" meeting to clarify all goals, expectations, and schedules with City staff. After the "kick-off" meeting, the 3M field team will begin the data collection tasks associated with this project and web-based database development. After the data has been collected, processed and uploaded to the web-based database, 3M will conduct a nighttime assessment using the FHWA Panel Comparison Method to rate and classify the reflectivity of all signs. Once all sign inventory records have been loaded into the City's web-based 3 database, 3M will conduct training for the implementation of the sign management system with City staff. The 3M system can provide data in a format that makes it able for uploading into the City's Mainstar software program in the future to allow for tracking maintenance requiremertfs and scheduling. 3M is fully committed to a seamless transition of the web-based database and data inventory to City staff. The end goal of establishing a comprehensive sign inventory and management system for City staff=that is both accurate and functional to meet the City of San Juan Capistrano's requirements. 3 E 6 At this time, 3M would like to comment on two sections of Schedule H -Sample Personal Services Agreement but should not preclude 3M from entering into an agreement of this type with the City of San Juan Capistrano. , ❖ Section 10-Conflicts of Interest- 3M Company, founded in 1902, is a Fortune 500 company with over 79,000 employees worldwide, global 1 presence in over 200 countries, approximately $23.billion in sales in 2009 and over 40 Business units. Given the size of 3M and the broad certification requested, it is Impossible to state with certainty that 3M has no interest and shall not acquire any direct or indirect interest which would conflict with the performance of the services contemplated by this Agreement. Having said that, 3M is unaware of the existence of any conflicts that would conflict in any manner with 3M's performance of services under this Agreement. m Section 14.4 — Proof of Insurance Requirements/Endorsement - 3M Company is partially self insured. 3M considers its deductible and/or self retention amounts as proprietary and accordingly, is unable to disclose this information. 3M is committed to this business with a long-term strategy focused on helping agencies manage critical safety assets. We want to see public/private partnerships of this type succeed. You can trust 3M to delight the City of San Juan Capistrano and deliver a flagship approach others will want to replicate. l 2,0 Relevant Experience x 3MTm Roadway Maintenance Services will be the prime contractor for the City of San Juan Capistrano. 3M does not intend to use subcontractors for the Sign Inventory and Database Creation project. If the City decides to = move forward with the Blanket Replacement Plan for Traffic and Street Name Signs, as outlined in Section 7, utilizing 3M, we will identify subcontractor for fabrication and installation work at that time. 3M would obtain approval from the City prior to the start of any work. i Our people and partners apply world class expertise in human factors research, large-scale project management, traffic safety engineering, material science, sign fabrication/installation, GIS data acquisition/display and asset management. The Roadway Maintenance Services team has experience managing statewide and local agency contracts encompassing hundreds of individual projects, covering thousands of highway miles. Our asset management approach is to provide customers with an intuitive sign inventory system that avoids common failures from overly complicated software and computer systems requiring expert users ..and.costly ongoing..maintenance. ........ ....... ... . ............ ... ............. .............. For the City of San Juan Capistrano project, 3M will provide Project Management, Field Supervision, data collection, data post processing, web-based database WA � 4 i u __ development, a field asset status tracker too[ (FAST), nighttime assessment, training and annual maintenance. s`. A. 3M Company Profile 3M Company, founded in 1902, is a publicly traded, Fortune 100 company with over 79,000 employees and $25 billion in sales from products and services sold around the world. $23-x- Billion Worldwide Sales in 2409 Today, 3M 15 among the world's most highly respected 64%of Sales from outside the U.S. companies in the areas of innovation, ethics and 50,QQ0 Products Sold In Nearly 200 environmental stewardship. Our products range from countries fiber optic connectors and touch screens to 79,183 Employees worldwide microstructure abrasives and aerospace adhesives. 3M $1;3 Billion+Annual Research brands such as Post-If", Thinsulate TM, and Scotch T111 and Development/Investment represent practical and ingenious solutions that help $49 Million+Annual Corporate Contributions customers succeed. 3M has the financial strength to 'Practical,ingenious Solutions That Help support its commitment to continuous improvement. CustomersSucceed.� Rest assured, 3M will be here now and years after the completion of the proposed City of San Juan Capistrano project, just like we are today. 1. 3MT" Traffic Safety Systems Division (TSSD) For nearly seventy years 3M TSSD has been the recognized leader in ground- breaking products that enhance mobility and safety on roadways around the I /.... 1 world. Like so many divisions at 3M, TSSD was formed at the intersection of core I' technologies and a key set of people's needs. In our case, the technologies are materials science, adhesives, and optics; the peoples' needs are effective visual i guidance for drivers, especially at night. The Research and Development efforts in TSSD have resulted in many major performance breakthroughs for roadway visual guidance products. These include the first retroreflective sign sheeting, profiled pliant polymer pavement marking tape, the first fully wet reflective pavement marking tape, the only true wet reflective pavement marking optical elements and the first full-cubed prismatic sign sheeting. Many companies choose to follow, but none match our commitment to lead. We will complete the City of San Juan Capistrano project with this same spirit of innovation and commitment to the highway safety industry. z. 3M'"' Roadway Maintenance Services (RMS) i Several years ago, 3M conducted extensive Interviews with hundreds of state and local transportation officials to understand the difficulties they face daily while seeking solutions to their needs. We heard a resounding appeal for new � management methods to make transportation dollars more effective in meeting -the needs of motorists. We..resp©nded"by forming 3M Roadway Maintenance Services (RMS). The charter for RMS was to combine knowledge from Inside and outside of 3M into a single service offering that would raise the bar on effective P management of pavement markings, road signs and asset management systems. i k E s The staff for this unit was hand picked to include experts in project management, l pavement marking and sign technology, performance modeling, geographic information systems and logistics. Since 2004, this team has been both developing and deploying our management methods and tools. Each engagement with an agency has enabled us to further enhance our service offering. 3M is a licensed or prequalified contractor in approximately thirty states across the nation. We are actively bidding on contracts that include sign inventory, assessment, software installation and training for traffic signs similar to the proposal for the City of San Juan Capistrano. i Our asset inventory work is completed efficiently and accurately, to build an effective asset management tool for agencies. Some agencies elect to have the data and information hosted by 3M on our 3M inventory system, while other agencies have us transfer the data into their own asset management system or off'-the-shelf software system at the end of the project. Regardless of the requirements, agencies can have complete confidence in the ability of 3M to develop an accurate and functional inventory system. l B. Experience and Client References—Traffic Signa Inventory Programs From cities to state-wide sign inventory, assessment and upgrades, 3MT1 Roadway Maintenance Services has demonstrated the value of matching 3M's vaunted products with specialized asset management tools deployed by people whose sole focus is traffic safety. An abstract of some of these projects are provided below. Contact information, cost and duration of projects are provided f_ i in Section 8— Required Forms— Schedule F: Bidders References. ._. G 1. Project Title: Maryland SHA Pavement Marking and Sign Management and Inventory Program In 2008, 3M Company entered into a performance-based maintenance contract with District 1 of the Maryland State Highway Administration (SHA). The unique project included maintenance of pavement markings and the conditional assessment and sign inventory along with required maintenance of all state- owned traffic signs within designated jurisdictions of Maryland SHA District 1. Later in 2008, the Maryland SHA contracted with 3M Company to expand the scope to include an area of very high sign density near Baltimore, Maryland. The features of the traffic sign maintenance section of the contract are particularly noteworthy and include the following: C •• Collection of over 25 attributes for each traffic sign m Graphical user interface with capability for sort and query functions i •3 Background GIS base map or aerial photo view option ❖ Attribute data displayed in table format with sortability options in ascending or di sc indidg'order ❖ A conditional assessment and rating of each sign, tracked on the 3MT` Roadway Maintenance Services web-based electronic inventory system through term of the contract. 6 ❖ An-option to display a digital photograph of each sign ❖ Display options by unique sign ID number or MUTCD code -- The figure below shows a screen shot of the sign inventory conducted for the Maryland SHA along Georgia Avenue within Baltimore, MD, El m auim �r O •i7 l G s fay nA. f). i Z. Project Title: City of Southgate, CA—Traf'f'ic Sign Inventory i 3M was awarded the City of Southgate contract to collect traffic sign data for all warning, regulatory and street name signs located with the City's jurisdiction right-of-way. The scope of the work was as follows: ¢:• Record the sign location and geographic attributes including GPS location, sign orientation, sign position 4- Record and capture sign properties such as MUTCD sign type/code, video still photo of each sign, sign dimensions and other sign information unique to a specific sign (day and time restrictions, no truck parking) ¢- Record and capture date of inspection and name of inspector 1 ❖ Development of website The deliverable to the City of South Gate was a database inventory of traffic signs capturing the above attributes with data compatible for uploading into the City's GIS system. 3» Project Name: Tennessee Delta Grant Project E The Tennessee Delta Grant Project is a public-private partnership between the k Tennessee Department of Transportation, Neel-Schaffer, Inc. (traffic engineers), and 3M Company. The project is funded through the USDOT Federal Highway Adrninistration's., Rural Safety Innovation Program' (RSIP) and Js specifically _ intended to reduce accidents and improve the overall safety of rural highways in r the delta region of Tennessee. The project included: . 4- Inventorying all highway signage, 4 } i •o Accessing the day and night time conditions of signs, Identifying those signs that do not meet the new federal minimum reflectivity requirements, ' ` ❖ performing traffic engineering tasks to plan the replacement deficient signage and identify the placement of new signage and engineer other measures to address additional safety concerns. 3M's responsibilities include the first three tasks and to provide the resulting inventory and assessment information to Neel-Schaffer to support the traffic engineering task. 3.0 Project Understanding A. General Overview Based on the information in the Request for Proposal provided by the City, 3M understands that the City of San Juan Capistrano is looking for a full service i "turnkey" solution for inspecting, recording and inventorying all City-owned traffic signs. This includes regulatory, warning and guide signs with their associated appurtenances and hardware in the City of San Juan Capistrano. Also included are street names signs and signs within City owned parking lots, parks, trails an exterior facilities. i 3M will conduct the inventory, inspection and condition assessment of all signs i and ancillary related items, listed above, located within the City of San Juan Capistrano's right-of-way for conformance to the Manual of Uniform Traffic Control Devices (MUTCD) and FHWA minimum reflectivity requirements. All signs located within the City's 13.6 square miles; or approximately 112 centerline miles of roadway right-of-way, will be inventoried. For purposes of responding to this RFP, the City estimates there are 4,004 traffic signs and 1,000 street name blades within the City's limits. These are the numbers 3M used for pricing. 3M will work with the City to define the actual routes at a meeting prior to data collection, but will work in zones as defined on page 9 of the RFP. 3Mwill develop a web-based database (SQL), which is easily upgradeable by 3M at not additional charge to the City, to document and track sign inventory and maintenance. This database will be able to provide information in a format, compatible for uploading into the City's Maintstar software program when it is on- line to allow for tracking maintenance and scheduling. This proposal outlines the implementation of a Sign Management. System that supports the management of the City's traffic signs in compliance with the FHWA € retro-reflectivity requirements. This turnkey implementation includes all data collection and processing, daytime and nighttime assessments, web-based database development, field asset status tool (FAST tool) for maintenance and training.on.the.FAST tool,and_web-based._database._.The_system will be_developed ....... .......................... with ease of use and efficiency as the central design philosophy, while supporting all key features identified in the RI=P including. I { .......... Inventorying and documenting the condition/attributes of street name, regulatory, warning and guide signs, including associated appurtenances l *� and hardware. %, 43 Inventorying and documenting the condition of all signs in City parks, City Facilities, trails, parking lots and way finding signs. �;• Using a web-based upgradable electronic sign management database to document inventory and inspection data and track maintenance g requirements and schedules. The database must be in SQL format. +`• Develop a plan to upgrade deficient street name signs to current FHWA i • standards and to install new signs. •2• Develop a blanket replacement pian with costs associated for purchase and installation, by city zone designations for traffic signs. Develop a blanket replacement plan with costs associated for purchase and installation, by city zone designations for street name signs. The 3M Project Team will meet with the City of San Juan Capistrano staff prior to 1 beginning work to discuss expectations, clarify project communication, and to finalize the project timeline. B. 3MT'" Sign Management System 1. Overview 3M's Sign Management System provides a simple solution that includes a methodology and the tools that will allow the City of San Juan Capistrano to comply with the FHWA ruling. The management system supports the entire maintenance cycle (shown in the schematic below). This permits users to establish the initial inventory and enter changes as maintenance activities are completed. Ga,pi€' Base A. �,--� �ssessr NW a � 4 K9rivanl� Workplan Inye�€ s Sgatfa8 C4x�C€ti#�sm�r i f an1aln Fir ak ........ .... _ S The 3M solution consists of the following steps; (a) Building Sign Inventory, Mobile image capture equipment records images of signs and creates a GPS t' a 9 I �R€ear$° €latfa Fald.:, ssassr€ante "' l l tracklog. 3M technicians then post-process the file to inventory the signs and assess physical condition. The data is stored in a SQL compatible database. s 1 (b) Sign Assessment; 3M supplies a GPS enabled"netbook"preloaded with software that displays the signs in both map and tabular formats.. The unit tracks the location of the operator. Information about the signs is entered using "buttons"displayed on the l touch screen. This tool is used for both day and night assessment. The unit uploads information to the central database. (c) Sign Management; The central database is accessed through a secure website. The user interface allows a variety of navigation, display, and query options to support management of the sign inventory. The data is readily available for preparation of maintenance plans, work orders or budgeting. Please see section 9,AppeadlxA—Sign Management System foraddidonal details about the system 2. Sign Inventory Data Collection and Processing 3M has developed a very efficient asset data capture method that will be employed for the City of San Juan Capistrano. Based on estimated 112 centerline miles for the City, we estimate it will take approximately three (3) work days to complete this task. The 3M'm Sign Management System uses a mobile camera system that captures i pictures and GPS locations at 5 frames per second. This rate of data capture was selected to insure accuracy and image quality while driving at normal posted speed ,_ I limits. The sign pictures, and corresponding GPS locations, are used by 3M technicians to record sign location, attributes and physical condition (Figure 1). Table 1 below lists the attributes and conditions that will be captured for the City of San Juan Capistrano. Table i On the axis parallel to the roadway and ensuring correctness GPS Longitude and Latitude in both sequential order and position relative to the road as per the RFP requirements on page is GPS Date Date the GPS Coordinates were captured 3M will work with the City of San Juan Capistrano to Sign ID Number(Unique recommend and establish an appropriate numbering scheme Identifier) for all new signs 3M will work with the City of San Juan Capistrano to Post ID Number(Unique recommend and establish an appropriate numbering scheme Identifier) for all new posts MUTCD desig"nation or custom designation for specialized Sign Type signs i I MUTCD description of sign or custom description for Sign Description specialized signs i0 i MPast T e Shoulder mount, u-channel, etc Sign Photo Digital image of each sign will be linked to the data set and eo referenced for location Sign Panel Size Based on current City of San Juan Capistrano standards Each sign will be rated for Corresponding to visual standards agreed upon by the City of physical condition San Juan Caistrano and 3M Each sign will be assessed for nighttime reflectivity Using FHWA Comparison Panel Method (described in Section and assigned condition 9,Appendix B—Sign Assessment Process using the FHWA ratin Comparison Panel Method) Directional Sin Placement Direction sign is facia NW, NE, SW, SE etc Sin Language Lanauacie that the words on the sign are in Sign Substrate Type Metal wood etc„ as determined by viewing digital image Date of Ins ectian Date sl n is inspected 3M will collect mapping data from an agreed to location and present the information to a representatives from the Public Works and IT Departments. The departments will verify that the information collected will meet their requirements and provide the approval for 3M to continue with the project. After the data capture phase of the work is completed, 3M will then develop a comprehensive inventory:- of all traffic signs within the City of °t�° San Juan Capistrano. 3M has o �1 xr�GVF Ia[rgglSpepnmW completed numerous post- processing exercises similar to this for other customers and will utilize , the same care and quality Plf:fAu1.MILxaCuf m aNa�llS assurance to accurately map and develop a comprehensive inventory m �3 for the City of San Juan Capistrano. , _.. - ... Figure 1 Inventory Builder For the data processing phase, each sign location's GPS coordinates will be used to field l locate that particular asset on a GIS base map. At this point, the attributes unique to that feature will be locked into the map identifier, so the feature and its geospatial location can be accessed in the future. This phase of the project will take approximately two(2) weeks to complete. 3. 3NtTmFieid Asset Status Tool (FAST) . .. 3Ws_experience working with agencies for over 50 years, has shown us that most sign inventory systems fall because the inventories are not easily maintained and data cannot be updated as work is being performed in the field. This is no longer the case with the 3MT" Sign Management Systems' Field Asset Status Tool (FAST tool). The y � 11 i. i FAST tool.allows the agency to maintain their inventory daily and record updates while working in the field. The 3M FAST tool consists of a GPS enabled "netbook" computer with a touch screen and preloaded software package (Figure 2). This is a stand-alone desktop GIS application (not connected to the internet for any functionality or data). The FAST tool allows 3M and the City of San Juan Capistrano to perform sign and post assessment or maintenance tasks via touch screen interface on the "netbook" computer. The FAST tool allows users to quickly identify and record maintenance activities on site. It can also allow users to assess a sign's condition without leaving the vehicle. The data can be downloaded via wireless internet access or by docking at the user's office. SPEEII The FAST features include. 35 i Ae Navigation tools GIS Map with sign post location . Data layer display options ti4 Condition assessment buttons Comment input tiw Save button- Customizable data table Figure 2-Field Asset Status Tool(FAST) The FAST Tool will be used by 3M to complete nighttime sign assessment work. Once complete, the comprehensive sign inventory system serves as the basis of all information that drives decisions for a number of sign management activities by the i City of San Juan Capistrano, The 3MTm FAST Tool (Field Asset Status Tool) will be l— used by the City to record maintenance activities for the signs in the web-based inventory database. As part of routine maintenance activity, daytime inspections are conducted to identify signs that require replacement due to damage, vandalism or obstruction. The FAST tool is used to collect and store this information, 4 l The screen shot below (Figure 3) shows another view of the user interface of the FAST tool and demonstrates the high degree of functionality it could provide City of San Juan Capistrano personnel to efficiently update inventory records in the database. A. } „�N 3 1 { Figure 3—FAST tool 12 s ..... ..............._.-... _.... The F I AST tool uses GIS data files in both SSRI Shapefle format and SSRI Personal Geo©atabase format. The tool also utilizes GPS to continually update the user's current location relative to sign locations at a minimum of i second intervals. k_ The graphical user interface (GUI) of the GIS application includes: 4- A legend panel showing symbology information for each GIS layer; ❖ A reference map showing the current map window in relation to the total project area •'• A scale bar and cursor location information • Basic pan/zoom navigational tools including selection tools •S Feature attribute table showing attributes of selected signs The 'signs` data file can be edited by either assessment buttons and/or editing the feature attribute data table directly. The`feature' attribute table includes the ability to sort the data in ascending or descending order based on the column heading and able to select which attribute fields are to be displayed for assessment. The FAST Tool connects, or docks, with the master web-based signs' database to extract a copy of the database that could be used by City of San Juan Capistrano personnel for maintenance activities in the field. Once the maintenance activities have been completed, the FAST tool will again be connected, or docked, with the web- based database to upload the changed records. After the changed records are uploaded, the web-based sign database will contain the most accurate inventory of all traffic signs; and their attributes, for the City of San Juan Capistrano. E 4. Assessment of Sign Performance 3M's system is designed to support a Visual Nighttime Inspection of signs to identify any deficiencies which impact visibility or legibility. 3M will use the FHWA`s Comparison Pane! Method to conduct the nighttime assessment. This inspection procedure is one of the allowable assessment methods identified in the document "Maintaining Traffic Sign Retroreflectivity" (2005 Edition) available from the Federal Highway Works Administration. 3M will work with the City to prioritize routes for nighttime visual inspection, with the intent to maximize the benefits to the motorist and maintenance personnel. High priority roads such as Interstate and limited access freeways are usually completed first followed by arterial and collector roads. As these are completed the data recorded using the FAST tool and then posted to the web-based database. City maintenance personnel can begin using the analysis and planning functions before the entire road system is completed. l 3M will perform the following steps: i i 13 r� i I i ____ .. ..._.... _. ❖ Conduct nighttime visual inspections of all regulatory, warning, street name and guide signs traffic signs on agency roads with route/zone priority determined by City personnel 4- Using the FAST tool during the nighttime assessment, 3M trained inspectors would electronically provide a sign conditioning rating, for reflectivity and legibility, in accordance with the FHWA approved management methods. ❖ The rating criteria to be used: a. CRITICAL—sign need immediate replacement b. FAIR—sign that may need replacement within 1-5 years c. 'GOOD—sign that may need replacement within 5 or more years Any signs rated"critical"should be reviewed by City maintenance personnel [ who may schedule replacement or repair as needed to restore performance to the desired level. i ❖ The date and time of inspections, and inspector's name, or performed maintenance is stored for future reference ❖ Upload nighttime assessment results from FAST"tool to web-based database With the 3M world-class weathering centers around the world, we can provide predictive modeling of when signs need to be replaced, allowing the City of San Juan Capistrano to better budget for future sign replacement costs. S. Web-based Sign Inventory Database � A 3M hosted system eliminates the City of San Juan Capistrano`s need to purchase new l hardware or costly software. In addition, annual maintenance of purchased hardware and software upgrades can be expensive. Since 3M provides hardware maintenance and free upgrades to the web-based sign inventory database, this ultimately minimizes any additional City of San .Tuan Capistrano IT resources needed to sustain the system. There is no"per user"license fee for access to the database. A 3M hosted system provides password protected access to the web-based database, along with regular backups of the data. The 3M web-based database includes free software updates for the length of our contract with the City. In addition, the server is housed in an underground, temperature control environment to minimize any i disruptions to services for the City of San Juan Capistrano. 3M provides 24 hour/7 days a week access to the database. This allows the City of San Juan Capistrano to assign access to those City approved users requiring admittance to the database. 3M can also provide the City with the sign inventory in a compatible format for uploading into their Mainstar software in the future. 3M's system was designed from the maintenance engineers' perspective. Again,there is no software to purchase, maintain or update. Access to .the user interface is through the intern et using a secure web portal. Figure 6 shows a screenshot of the user interface with simple command functions, allowing maintenance engineers to search, sort and analyze the inventory of signs. The simple, straight-forward design allows users to be proficient with minimal training. The internet sign management features include: 14 i _......-.--. .--- ` Search Window ❖ View window containing GIS sign data with aerial photographs •;• Navigation tools (selection, zoom,etc.) _. :• Overview map ❖ Data table ❖ Data export control SouthGdte,CA € f " y - . _ Figure 6.—Web-base sign Inventory Database—blue dots represent signs f E9lE9 fi F f 3 i .....� .............. .,.........,. ................ .......... ......... ................. ........ .... ,.,...... -...SII 1 15 am- - - - f .............. ..__.rv.._ _ mom i 4.0 Deployment of the 3M''m Sign Management System i A. Phase T: Data Capture — Mobile Image Capture System � 3M has developed a very efficient asset data capture method that will be employed for the City of San Juan Capistrano. The mobile image capture system is designed from the ground up specifically to be easily shipped to project locations and quickly . assembled on a van or SUV. This mobile system results in a cost-effective solution that i eliminates the need to lease or move expensive hard-wired vehicles to distant locations. The mobile image capture system is built around 3M-developed software that captures multiple images, with GPS location, at 5 frames per second and allows real-time viewing of the logging process. The system uses dual 128gx960 Firewire B cameras, sub-meter GPS, and a custom-built mobile computer designed for the logging process, with uninterruptible power supply and backup data storage to insure data integrity. The inventory process begins by driving the roads for the entire project area in both directions using a vehicle specially equipped to log GPS locations and taking high- quality pictures with each of its two cameras. The mobile camera system captures pictures and GPS locations at 5 frames per second. This rate of data capture was selected to insure accuracy and image quality while driving at normal posted speed limits. The result is a large detailed GPS photo log that will be post-processed to extract sign and post information. The sign pictures and corresponding GPS locations are used by 3M technicians to record sign location and attributes (Figure 7). a l E ... Figure l I 16 B. Phase II: Building the Inventory After the data capture phase of the work is completed, 3M will then develop a comprehensive inventory of all traffic signs within the City of San Juan Capistrano. -^ 3M has completed numerous post-processing exercises similar to this for other customers and will utilize the same care and quality assurance to accurately map and develop a comprehensive inventory for the City of San Juan Capistrano. For the data processing phase, each sign location's GPS coordinates will be used to field locate that particular asset on a GIS base map. At this point, the attributes unique to that feature will be locked into the map identifier, so the feature.and its geospatial location can be accessed in the future (Figure 8) The initial sin and post inventory is built b further processing the GPS photo to 9 p �Y Y P 9 p 9 using a software extension written by 3M for the ArcGIS system. The GPS photo log is "played back" in real-time (or variable time as needed) to locate each sign and post, and record relevant attributes. Once all the sign and post inventory attributes have been recorded, the database is sent to Quality Control for verification. In Quality Control, a technician takes a random sample of ten (10) percent of the [ sign/post records in the inventory database to verify that the attributes recorded for those assets are correct. This is done by again viewing the photo log for that particular asset and comparing those attributes recorded in the database with what the technician views on screen Any discrepancies are reviewed a third time, thus ensuring that the correct attribute information has been captured. E, 1 c I --- r•. 'iia"'.�'.'rs'.Y�Cr-mm g��. .r-• x»:�bcsea:.-_.q Figure 8 r i i � I 1 17 j s C. Final Inventory Database € After Quality Control, the records for each sign, its post and attributes are recorded i and stored in a central, spatially-aware repository database (Figure 9). At this time, any changes the City of San Juan Capistrano has made to their existing signs will be updated in the database. Once the changes are recorded, these records can be downloaded in a format compatible for uploading to the City's Mainstar software. ;atu�ss�,�,c�r a. i�i. �.• �7.:� -' � .:�9e �r :,�P � E s o i ,Acfresh.E�wrc Gnd I zpam Ae.ulix I ftic 1&L:Vj riri j SB 01,50 Selq=d]]ems 1,'' . I 6Ma M. 1 01.5270. •' 10<56 A RL-1 I.G-d Al-S -34,00 30,90P.00 A3 '1(F/19]0 H9wery )0]T]] BLBS�NW RL-1 G d ALA 39.99300©0.00.1i � SgTO 12NeYAdP :99:00 Fel !3E ]'_ BLLO'SE R11 Cw d 3Y1-i- 30.flll�30.a00.00 AI .LIF/19]0 Nevada 12 B0 BO AM Figure 9—web-based sign inventory database i D. Deliverables to the City of San Juan Capistrano Using the 3MT1 Sign Management System approach, 3M will provide the City with a full turnkey sign management solation that supports the management of the City's traffic signs in compliance with FHWA retroreflectivity requirements. The final deliverables to the City of San Juan Capistrano will be: ;, A complete, accurate and comprehensive web-based sign inventory database that can be used by the City for recording and scheduling maintenance, sign additions or removals and assisting with annual E budgeting. e One (1) FAST tool with software for the City's use to track and record l changes as signs are upgraded or maintained Initial training on the use of the web-based database and FAST tool •:• The ability to download of the web-based sign inventory database in a � 1,Y g rY format compatible with the City's Maintstar software.* *This will require limited involvement from the City's IT staff as described in the next section. This is a one-way information pass,from the 3M development web-based database to the Maintstar software. i i 18 i ------------------ -- — ..._.__ s E. City of San Japan Capistrano — Information to be provided to 3M Participation of the City's staff will be essential to the successful completion of this —' project. To implement the above system, the City will need to provide the following information: •-i ❖ Accurate GIS centerline, parcel data, and digital aerial photos -:• MUTCD codes in scope p ev Designated contact to resolve issues with non-standard MUTCD codes To convert the sign inventory database to a format that is compatible with the City of San Juan Capistrano's. Maintstar software, 3M requires the following information from and participation of the City: •.+ The format and field title of all attributes to be uploaded ❖ Codes for"Template for Equipment Creation"that will be built into the dropdown sign attribute selection ••• Provide a Data Dictionary and Excel format parameters for uploading data to the Maintstar software ❖ Access to information on the Maintstar database structure to.determine the N i required fields J ••• Access to information in the Maintstar system import utility or functionalitles and requirements Ae Access to information on the unique identifier assigned to each loaded record to use in future record updates (if applicable) f Support of City of San Juan Capistrano's IT and Maintstar application administrator i 4 i 1 6 ............. -.................. ........... .. ........_ f 19 e i a i 5.4 3M Prosect Team A. Organization chart 3 Executive Oversite Committee t Dave Meslow, Business Development Manager Dave Knlff In,Marketing Cperations Manager Barry Sullivan,Regional Sales Manager Michael Williams,Safes Representative 94 S'NOR '} f—.....------.............................................................a. 4----.,.—..........._.....-------........•.,,._.,,, s I � I ' 1 I s I I l�rjt Manager; ' i � SftfayaK,hl�.r 1 ' i 1 � � 1 1 � i ' I I I I QTS ark Bata M� rtagemeri ' 3M EAST t & ftwar i SOL'Ciallt a cvetrt ►t [ IL r - d"illll aFP j i 4 I I € 3 , I L 'v� ll1 � PUSt—PIn1GeSSlnj § IS I 4 I ------Citi+of San Tuan C istf=ar 6-9ign 16u4 ory andDaGabse Cruse-ri-Project 3M Organizatioroi Chart l i 3M Project Administration Key -)ohn Benz Mark Flegen 3M RMS p Contract Management Services Management M`ry 7o Lewis Claudia Aleshire Technical ServIce Project kcounting Alison C7k Materials Control i l l � ) 20 i B. Key Personnel Resumes 1. Sithya Khieu Project Manager Sithya will serve as the 3M Project Manager for the City of San Juan Capistrano project with general oversight and contact with the customer to ensure expectations are met and the customer is satisfied with the outcome of the work. He will have overall responsibility for all aspects of the project as outlined in the response: data capture, post-processing, software integration, training, schedule attainment, reporting, communications, invoicing and quality control. Sithya will lead the 3M Team and work closely with the other team members to pian and deliver on the project. His traffic engineering experience will be a tremendous asset to the team on issues of MUTCD requirements, sign preparation of plans and specifications and recommendations to the customer for implementation of the project. Sithya has experience in all phases of project management and estimating during pre-bid or proposal scope definition leading to project award and start to certificate of occupancy or acceptance and into warranty. 3M career built on exceptional organizational and communication skills significantly contributing to customer satisfaction while delivering quality, profitable projects on time and within budget. l As a Project Manager, he has consistently organized and delivered quality governmental projects on time and within, budget by utilizing the following documents or procedures: :+ Prepare detailed project planning schedules, submittal documents, and contractor scope of work documents incorporating MUTCD & ASTM standards, codes, OSHA requirements, change orders, and project questions into existing project plan. ❖ Conduct site visits to monitor scheduled progress per contract documents (contract, plans, specifications, change orders, purchase orders, production logs) to ensure duality installation as project proceeds. ❖ Prepare projects for a] quality inspections and pass all required inspections in a timely manner. Conduct final project walk-thru with client to generate final punch list, manage completion of Final punch list, and respond to warranty calls. 4- Conduct project review meetings, generate and respond to correspondence from subcontractors, customers, inspectors, municipality personnel, i consultants, and engineers. Current Position: s 3M, Traffic Safety Systems Division — Sign Maintenance Systems, Business Development Manager. Sithya currently manages governmental traffic sign installation projects in multiple �TT states. Our traffic sign programs are typically multi-year maintenance contracts. We _ inventory and assess existing signs based on FHWA Minimum Retroreflectivity Requirements and build a GIS database for project planning purposes. We also can 21 E l contract with local subcontractors to fabricate and install traffic signs to manufacturer,.MUTCD, and local standards. Project Experience: 31M Company — Project Manager — Maryland SHA 7-years performance based contract for sign and pavement markings (2008-2014), , contract no. 4491911415R. Oversight of sign and pavement assessment to develop plan for sign upgrades, coordinate with GIS to update database, coordinate subcontractors to upgrade sign and pavement, and overall construction v administration and planning. • 3M Company — Project Manager TN DOT on-call sign maintenance project E (2009) for District 1. . Develop plan for sign upgrades, coordinate subcontractors to upgrade sign, and overall construction administration through each work order. 3 l Education: Bachelor of Science, Aerospace Engineering and Mechanics - University of Minnesota, Institute of Technology Masters of Mechanical Engineer — University of Minnesota, Institute of Technology i 2. Jeff Coate - Senior GIS and Data Management Specialist _ The initial sign inventory and assessment will be lead by Jeff Coate. Jeff has unique ' experience implementing efficient pavement marking and traffic sign inventory data R collection programs and integration of those programs with agency systems. Jeff will provide guidance and coordination on the technical activity of data collection with the team in the field. He will leverage the expertise of 3M technology and field specialists to develop and implement proven field data collection methods, and will then oversee the post-processing and quality control of the field data by 3M field technicians. Jeff is responsible for development and implementation of Geographic Information Systems (GIS), database applications and field collection tools. Responsibilities include asset inventory data structuring and management and data quality assurance. Jeff is an expert user of ESRI`s GTS software and industry leading database management systems. He has delivered a wide range of GIS services including spatial data management, web-mapping application development and asset inventory management systems. l Jeff has 15 years of application development and GIS consulting experience. i Jeff has been with 3M Roadway Maintenance Services (RMS) for five years and is located._in our St..Paul, Minnesota headquarters office. . Areas of Expertise: GIS services including spatial data management, web- i mapping application development, writing of GIS desktop applications, and hand- held mobile platforms. 22 42• Partner in a GIS consulting company From 2004 to 2006 9 •t� Independent database and software consultant 2000— 2004 Vice president and information systems manager For a mid-size services business 1995-2000 ❖ Awards, Patents, Affiliations: 2006 Golden Step and Reflections of Excellence Awards, 3M Roadway Maintenance Services. Licenses & Certifications: MicroSoft Certified Professional. Six Sigma Greenbelt Certification •S Professional Affliation: Minnesota GIS/LIS I fi 3 Project Experience :• RMS enabling technologies development Lead Developer of 3M RMS web-based systems S•. Project originator for 3M RMS FAST tool •:* Project originator for 3M RMS Virtual Inventory tool Designer for 3M RMS sign and pavement marking management data.models ❖ Inventory collection, data manager, custom tool developer on the following projects. ALDDT 159 Pavement Markings 120 Pavement Markings -Coconino Co AZ Si n Znventa And Upgrade Project Gilbert AZ Citywide Intersection Pavement Markings e Sign Inventga And Upgrade Project Mesa AZ Sign Upgrade Project Idaho Transportation Statewide Pavement Markings Department MD State Highway Somerset County Pavement Marking Project Administration Georg! Ave Sign Inventory Project Dakota Co MN Advance Warning Guidesi n Project 1 East Bethel MN Sign Inventory Project McLeod Co MIN Sign Inventory And Up rade Project MnD®T I494 Pavement Marking Project Washington Co MN Advance Warning Guidesi n Project MoDOT BRBF And SRI Pavement Markin Projects I Fargo ND _ _ Citywide Pavement Marking Inventory And Upgrade Project Lincoln NE Pavement Marking Project BHP Billiti n o ISM Coal Mines Sign Upgrade Project NV )OT SR159 Pavement Marking Project 23 i fi } .... g IUDOT 180 Pavement Marking Project E VLIisDOT Guidesi n Upgrade Project WV Turnpike Authority 177 Pavement Marking Inventory And Upgrade Project Education; Bachelor of Arles, Colorado College {{ Master of Geographic Information Science (MGIS), University of Minnesota f E 3. Will Freeman, Data Collection and Processing Specialist Will f=reeman has been a GIS/GPS programmer and analyst for over 20 years. He has developed both stand-alone GIS applications and ArcGIS extensions for a variety of applications including sign and tree inventory and management systems, GIS tools for field data collection and verification, GIS-integrated database applications, and GIS-based electronic deliverables for environmental research and engineering projects. He works closely with clients to develop user-friendly application interfaces to meet specific application needs and develops GIS/GPS processing utilities as project needs dictate. 6 Will has over 20 years experience in the use and application of a wide variety of GIS systems including ArcGIS 9.X and 8.X, Arclnfo 7.X and 8.X (on NT/Win2000, HP-UX 9.x and 10.x and PRIMEOS operating systems), pc Arclnfo, ArcView 3.X, Idrisi, and J TNTMips. Over 10 years experience in development of GPS applications for integration into GTS and other applications. Application development includes full- fledged GIS browsers, stand-alone GIS/GPS field applications and GIS desktop applications, GIS web applications as well as many GIS data processing utilities using MapObjects, TatukGIS-DK, MapObjects LT, ArcView Avenue, as well as ArcIMS and MapServer web platforms. Current Position; GIS Application Developer and Hardware Specialist—July 2006— Present l Developed of GPS/photo log data capture system, ArcGIS post-processing extension for sign inventories, a stand-alone field assessment GIS/GPS application for sign management. Other applications include database applications using PostgreSQL and MS SQL Server as back-end databases and inventory tools for pavement markings. Developed hardware specifications and research for development of GPS/photo capture applications. s Project Experience: i * -Tennessee_ Delta !Grant Project - Project Manager -_ _Responsibilities + include holding several meetings with clients, developed all GIS - background data and other project materials for all 21 counties in the project region, coordinating all field data recording activities, working with post processing team to build inventories from recorded data. 24 i t a' +3 Southgate, CA - GIS and Data Collection Coordinator— Compiled all GIS data for the project area and base maps for data collection activities. Conducted the mobile data collection. Maryland SHA Georgia Ave. Pilot Project - Data Collection and Post Processing Coordinator — Compiled all GIS data for the project area and base maps for data collection activities. Conducted the mobile data collection. and nighttime assessment of signs. Post-processed the mobile data and built the sign inventory. i Education: M.A., Geography, University of Hawaii at Manoa, Honolulu, Hawaii, 1992 B.A., Geology, University of Montana, Missoula, Montana, 1987 � I F I s� i t J .... ..... ...... ... ... ............ ............ ..... ........... . .... _,. .., 25 1 l 6.0 Project Plan - Sign Inventory and Database Creation A. High Level Project Plan ...: ➢ TUVA 9a a1�n as i ` anu8 Fate Eistcfi d ane 1a Aa uel — f 1 coot5en4uanCoslr prged lld* Tue7JG11 Tue 1If11 i GaahadAitad lday: Tue2111f1 Tae2l1Y1 2fI Ponj dNnrdeg_.—.—_.____. — 50'�sry Wed212 t —TU218111 r NjedIC o Pq raf Ih;*J 5daps 1Y'ed2Cv111 Tas21 l a Oa1aCo5ac6on igdgs NMI: M39M d Bs Cnlddwn _ 3days TWITU N211111 T f4aiPracsngandh�v�daryr.loPaxal 1Pdays' ftan21v11fd2�tFi91 8 �Hi dll eAsse crani .__ _ fidaps 8iaa22 11 €1anym 9 1VehhaSad atf�E t#Nypafahese 414$ Ft IMI t IMI ig -_. �are�6YebsIE 3�4ays', 4{ad2a,�i TaE�71i � 11 _. Reca�enlara�nataRCdy Slogs Y:edWI Tue20111 12 UeddAhtssveWe ;days, 6t�?R3f1€ aa323T1€ 13 OC1i`a6sleaadFA5TTael i44ags, Vr'ed3PaW Tae4121f1 — .. _.. ..,.-_.. _.....�._.._ 14 I Coaved54Bbva*fwWatcog tuWJh44M We Ovi1 Um4tvI 11xw iv dalivergystemGdy 18days' Tue4lgfli' Tue51�11 15 PWSq�Gdg W.. 1Sdaps', TaegIVII 12anfd II i V Trai Cd Persasal Hey Tae811411i Tie`X11 18 Pm xtComple5 r __.__. ..... 3da}s`49ed 11Yt TueWfli Ig — P*dUI4 top9raBA&11*Vrg 5dap YWd.i1AI To517A1 a The above project plans outlines the anticipated schedule at a high level to i complete the work described in the RFP. This schedule is a P.,ro osed schedule only and subject to change. The major milestones are listed below: ❖ Contract Awarded — February 1, 2011 l ❖ Project Kick-off meeting — February 8 ❖ Data Collection — February 9 to March 7 ;• Web-based inventory database development—February 9 to April 18 Deliver system to City of San .Tuan Capistrano— May 10 Project Completion -- May 17, Project Closing Meeting i The 3M project team will be able to complete this project and achieve these milestones within the specified time frame regardless of current or predicted workload. 26 f - - _ ___ _. .............. f j } E 7.0 Blanket Replacement Plan for Traffic and Street Name Signs A. Implementation Plan In recent years, 3M has created tools and procedures for efficient traffic sign management. We propose managing signs using both daytime inspection and FHWA visual nighttime inspection, using the Comparison Panel Method, to determine sign replacements. 3M understands sign management must be a systematic process. It must combine a comprehensive inventory with analysis tools so that effective investment strategies can be developed. A mature sign management system allows an organization to be proactive in how, assets are maintained. Developing a consistent approach to delivery is another important goal for any asset management system. Effective traffic sign management requires a good understanding of sign performance over time, and 3M is unequaled in this respect. To ensure City of San Juan Capistrano budgeting, scheduling and performance management activities are l as efficient as possible, 3M would use this knowledge to be proactive in our sign replacement activities. i 3 l B. Assessment The assessment process involves both day and night time inspections to visually identify areas of non-performing signs. The inspectors will calibrate their rating using the FHWA guideline or by manually measuring signs at the start of the visual a inspection. This calibration will insure consistency in the identification of non- performing signs. The signs will be rated in three categories: . : , �: rs ❖ As new condition 't 1 l 4- Low brightness or questionable color on •r Obvious visual defects affecting visibility or legibility A log will be created for each inspection which includes the name of the inspector, assessment method, route, date, time, weather conditions, vehicle model and year of manufacture. The assessment data will utilize a GPS track log overlaid on top of a GIS map and outputted as a shapefile for calculation. The shape files of the suspect signs will be mapped onto to the inventory and reported on the web-based database with the suggested replacement areas in clearly marked colors. Inspection and measurement of sign performance will be conducted as necessary to insure compliance throughout the contract.period.... . _ Field inspectors will use the FAST tool in conjunction with the data from the web- based inventory database to capture the assessment information. The FAST tool has the capability of creating a GPS track file that is displayed on the map. This data can 6 27 i E. i be used to check the route coverage of the vehicle and ensure that all .signs have been checked. I 3M will be entirely responsible for the prioritization and scheduling of the assessment to generate the data for work planning. The assessment data will drive the decision to either replace sign singularly or in the entire corridor. l C. Work Plan Generation 3M will provide a construction management website for our entire supply chain (City p g p Y of San Juan Capistrano, Fabricator, and Installer) to manage the traffic and street name sign replacement pipeline. A website portal will be created to allow the City to submit work orders, approve sign lists and drawings, monitor the signs being fabrication and installation and download the certification documents. D. Submittal and Approval 3M will submit requests for sign replacement or maintenance via an electronic workflow system to the City for approval. The submittal package will be in the form of a tabular report of sign types, quantity, and drawings. The 3M construction manager will work with City personnel to approve and prioritize signs to be replaced, in consideration of any Capital Improvement Program, budget, other maintenance issues and the traveling public. The 3M construction manager will assist and provide the necessary information to designated City personnel to resolve any discrepancies in the work plan quantities before each annual preconstruction meeting. After the work plan quantities are e approved, the next step is to provide accurate information to the fabricator. E. Fabrication Once the work list is approved by the City of San Juan Capistrano, 3M will generate fabrication orders including preparing sign drawings for non-standard signs for the City to approve. For signs requiring the City's approval, drawing files will be sent electronically for reference. The fabrication request will be reviewed for accuracy and compliance to the City's standards and specifications before commencing production. Once fabrication is completed, the fabricator will upload the certification package onto the website portal. The City of San Juan Capistrano can then view and download the certification documents for records of compliance. F. Installation Installers can view the sign fabrication progress via the website portal. They will be alerted by an email from our fabricator as to the status of delivery. 3M provides GIS maps and the FAST tool to the installer, so the exact location of the each sign can easily be found.The installer will use the FAST tool to plan their day more efficiently by sequentially ordering the signs by route. This process also improves accuracy by providing an automated method to insure correct placement of the signs. g 1 28 1 ---------- Keeping the web-Based inventory database current will be the responsibility of the 3M team in conjunction with the City of San Juan Capistrano. 3M will use daily log of sign installations as inputs for updating the inventory database. The 3M FAST tool will be used for collecting the sign installation information data and uploading to the central database. g G. Traffic Engineering Traffic Engineering will review all sign data including; placement, size, structure, state and federal MUTCD requirements. The findings will be reported and include recommendations for improvements to bring all signing into compliance with state and federal standards. In addition, traffic engineering will perform an assessment to determine potential signing improvements that would increase visibility and safety for motorists. Traffic Engineering will implement a Sign Management System data reporting tool, including a central database housed at its servers for storing asset data. Traffic Engineering will work with the City to establish appropriate sign data to be captured. This database will be in industry-standard ESRI geo-database format and sent periodically to the City as part of the work plan submittal. H. 3M's Blanket Replacement Pian Per the RFP, 3M is using estimates of 4,000 traffic signs and 1,000 street name signs for the purpose of this replacement plan. Based on these numbers, 3M has put together a two-year, two-phase, replacement strategy for all the City's estimated 5,000 signs. These numbers will be adjusted using those from the final sign inventory database. To aid with budgeting, 3M is recommending a two-year replacement plan for all the City of San Juan Capistrano's traffic and street name signs. Even though 3M is recommending a two-year replacement plan, it would be possible for the City to pay for this project over a longer period of time. If 3M is awarded the sign replacement project and the City is interested in a pay-over-time option, this can be discussed during negotiations. Based on a review of the final sign inventory, which was developed as stated earlier in this proposal response, 3M anticipates that approximately 3.5% of the signs will be rated "critical"and should be replaced during the first year. Since this is a two- year plan, we are also recommending that another 46.5% of the total signs within the City be replaced during the first year. These would be prioritized based on zone and/or those signs rated as "poor", as discussed with the City. The remaining 50% of traffic and street name signs would be replaced in the second year. This plan would bring the City of San Juan Capistrano into compliance with the requirements of the FHWA minimum reflectivity ruling and MUTCD standards by the end of the second year. Additional, a certain percentage of signs to be replaced will need new posts. We are estimating that each year of this two-year plan, 5% of the signs will require new posts. In order to assist with budgeting for the City of San Juan Capistrano, 3M is recommending the following sign replacement over the two-year period as outlined i in Table Z below, Costs for the Replacement Program are in Section 8 - Required Forms- Schedule E: Agreement to Contract and Schedule of Prices, 29 Ygar 1 Year 2 Total E TCa c Signsf 1 Signs rated "Critical" needing immediate 140 140 _.. replacement Other non-performing signs prioritized by 1,860 2,000 3,860 Zone and/or rating of"poor" Total_Traffic Signs 2,000 2,000 4,000 I Of the traffic signs replaced in indicated 100 100 200 year, this number estimated to need new posts Street Name Signs Signs rated "Critical„ needing immediate 35 35 replacement i Other non-performing signs prioritized by 465 500 965 Zone and/or rating of"poor" i Total Street Name dans 500 500 1,000 l Of the street name signs replaced in 25 25 50 g indicated year, this number estimated to need new posts i -- i .F 4 E� t 2 30 i ' -.. ._ .. _... .._. _ _ ----------- J l 8.0 Required Forms i C-1. Pricing Notes General Note: 3M is offering a "turnkey" solution for the City of San Juan Capistrano's Sign Inventory and Database Creation project and as such each individual piece brings value to the whole offering. So even though 3M has provided pricing by task to comply with the preferred pricing format stated in Schedule E, we strongly recommend to the City that these line items (Items 1,4 and 7) are view as a single package offering of our 3MTM Sign Management Solution. By allowing 3M to employ the most effective means of fulfilling the requirements of this RFP,the City will save money by not having to pay more for redundancy in tasks. All prices are based on City's estimate of 4,000 traffic signs and 1,000 street name signs. 0 j Item 1 -The price for the Traffic Sign Visual Inspection and Inventory also includes inspection and inventory of the Street Name Signs and Other Classifications as listed in Item 3. This price is for all of the following for these sign groups: Data Capture, Post Processing of Data, Initial Daytime Assessment, One (1) FAST tool and Initial l Training on and FAST tool. 3M is offering a "turnkey„ solution which is more cost- effective for the City of San Juan Capistrano by capturing and processing the data for all signs at one time rather than separately which will add both time and cost to the project. Pricing is valid for 60 days. Actual centerline mile quantity and number of signs may vary based on actual inventory data. If the actual quantity of assets E varies from these prices "(Variance'), the lump sum price quote will be increased commensurate with the Variance. The Parties will multiply a calculated unit price by the Variance to increase the lump sum price. The unit price will be calculated by dividing the new lump sum price by the actual number of assets, 1 Item 2 -- price is included in Item I as it is a more cost-effective approach for the City. Item 3 — price is included in Item 1 as it is a more cost-effective approach for the City. Item 4 — The stated price is for the Development of a Web-based Sign Inventory i Database and initial training. Pricing is valid for 60 days. Actual centerline mile quantity and number of signs may vary based on actual inventory data. If the actual quantity of assets varies from these prices "(Variance"), the lump sum price quote will be increased commensurate with the Variance. The Parties will multiply a calculated unit price by the Variance to increase the lump sum price. The unit price will be calculated by dividing the new lump sum price by the actual number of assets. l 1 Item 5 —This cost estimate is based on the blanket replacement of approximately 4,000 traffic signs. The cost that appears herein is strictly an estimate used for budgeting.purposes only and isnot to be implied nor inferred as being .guaranteed. 3M shall be obligated to supply only the actual quantity during the term of executed contract and pricing may vary. If the City of San Juan Capistrano decides to move _;. forward with a Sign Replacement Program with 3M, a minimum order amount of l $2,000 per purchase order or work order is required. If an order amount is below $2,000, a mobilization fee will be charged. 31 E E i Item 8 — This cost estimate is based on the blanket replacement of approximately i 1,000 street name signs. The cost that appears herein is strictly an estimate used for budgeting purposes only and is not to be implied nor inferred as being guaranteed, 3M shall be obligated to supply only the actual quantity during the term of executed contract and pricing may vary. If the City of San Juan Capistrano decides to move forward with a Sign Replacement Program with 3M, a minimum order amount of $2,000 per purchase order or work order is required. If an order amount is below $2,000, a mobilization fee will be charged. Item 7 — This rate per sign is based upon conducting a nighttime assessment on 4,000 traffic signs and 1,000 street name signs. Pacing is valid for 60 days. Actual centerline mile quantity and number of signs may vary based on actual inventory data. If the actual quantity of assets varies from these prices"{Variance'' , the lump sum price quote will be increased commensurate with the Variance. The Parties will multiply a calculated unit price by the Variance to increase the lump sum price. The unit price will be calculated by dividing the new lump sum price by the actual i number of assets. Item 8—3M is not proposing a manual retroreflectometer inspection of each sign as it is not the most cost-effective means to comply with the FHWA minimum reflectivity requirements. 3M is proposing using the FHWA approved Comparison Panel Method of complying which will save the City money and reduce the time it takes to complete the project. Item 9 — Hourly rate for Traffic Engineering work, if needed, mainly pertains to the Blanket Replacement Plan. ( ., 1 The below table includes other items or services that can be purchased for the Sign Inventory and Database Creation Project. By purchasing these items or services, the I City of San Juan Capistrano can be assured that their sign inventory database will always be current and in compliance with the FHWA and MUTCD. F Item Item Qty Unit Unit Price No. 1 Additional FAST tools 1 Each $ 1,150 2 Annual hosting and maintenance of FAST 1 per Year $ 1,500 i tool and web-based inventory 3 Optional-Annual Daytime Assessment 1 Per Year after first year $ 4,225 4 Optional—Annual Nighttime Assessment 1 Per Year after first year $ 8,450 Converting Sign Inventory to format 5 compatible for uploading to Maintstar 1 Lump Sum $ 4,850 software _.......... ......... ... .. ............. .......... .._..... 32 g - _...... ................. --- . ..._. ._...._ SCHEDULE C EVALUATION CRITERIA PROPOSAL EVALUATION FORM The selection of the winning proposals will be based on a numerical scoring system. There are six categories by which the proposals will be evaluated. The proposals will be assigned a score for each category as outlined in the table below. Each category will be weighted as shown to reflect the goals for this project. RATING ©ESCRIPTION 5 Excellent Exceeds the requirements of the criterion in superlative beneficial ways and is very desirable 3 Good Exceeds the requirements of the criterion but in a manner which is not articular) beneficial to the City's needs. 2 Average_ Adequately meets most of the requirements of the criterion. May be lackin in some areas which are not critical. 1 Poor Addresses most, but not all, of the requirements of the criterion to the a minimum acce tablelevel. Lacking in critical areas. 0 Unsatisfacto Does not sans there uirements of the criterion in any manner This evaluation table is provided to give the evaluation team a basis for scoring the proposals and interviews. Even though evaluations will be done by members who will grade them differently, the main'focus for each person doing the rating, is to be consistent in scoring all proposals. l BID SUBMISSION PROPOSAL EVALUATION FORI'JI Company sM Evaluator Item Criteria Rating Weight Actual Possible 1 Company Background: 0-5 Scare Scare History of similar 8 40 contracts, experience and qualifications of service staff assigned to this contract. 2 References: Municipal government 8 40 experience, evidence of long term contracts and satisfied clients, reference information complete (size of contract, duration and location), acceptable past experience in the evaluation of traffic signs 3 Pro'ect Schedule 5 25 4 Expertise and Knowledge: Evidence of MUTCD 8 40 f Traffic Manual knowledge, evidence of experience/training, and ability to communicate effect—mill, 5 Methodology: Proposed method to collect data, 9 45 proposed data to be coiiected, proposed tracking rnethod, ro osed database. 6 Proposal Quality: Organization and clarity, 2 10 i completeness and content and overall .. ............. resentation. TOTAL— PROPOSAL SUBMISSION 200 12 .....___. _............. P SCHEDULED FORM OF PROPOSAL USE INK OR TYPEWRITER: 3 Name of Firm: _M Qompan�z Address: Building 235-3A-09, St. Paul, MN 55144-1000 Telephone Number: 651-737-7167 Fax Number: Name of Person:Signing for Firm: Daniel F. Moran Name of Contact Person: Debra Gaborik-5n der Email Address for Contact Person Company: dgaborikCmmm.com Web Site: 3M.com/tss/rms This is to certify that Pages 14 & 15, Schedule E W- AGREEMENT TO CONTRACT AND SCHEDULE OF PRICES have been completed, signed and included in this proposal: Customer Service Supervisor SIGNATURE TITLE CLOSING DATE AND TIME: 4:00.00 P,M., Local Time Tuesday, November 30, 2010 Inquiries: Jill Thomas Public Works Department Senior Management Analyst I 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ithomas@s_anjuancapistrano.org , 949-443-6352 Issued: November 2, 2010 I ,I ......... .... .. 13 i i i SCHEDULEJQ AGREEMENT TO CONTRACT AND SCHEDULE OF PRICES i t PROJECT TITLE: SIGN INVENTORY AND DATABASE CREATION FOR THE CITY OF ` SAN JUAN CAPISTRANO IMWe, 3M (Company Name)ofBtdg 235-3A-09, St. Paul, NN 55 .44-1(70RBusir3assAddrass} having examined the RI=P including all information to Proponents, general terms and conditions, appendices and terms of reference as issued by the City of San Juan Capistrano and including Addenda (if any) to hereby offer and agree to enter into a Contract to supply the services required by this RFP at the costs detailed in the Schedule of l=ees below. The undersigned offers to complete and provide the Services in accordance with the instructions to Proponents, I terms, conditions, terms of reference, and appendices in the Request for Proposal for Sign Inventory and Database Creation for the City of Sart Juan Capistrano as described in this RFP for the price(s) shown on the Schedule of Fees attached hereto. Furthermore, it is certified that the undersigned is/are authorized and empowered to sign and submit this Proposal. SCHEDULE OF FEES Provision of Required Consulting Services for the City of San Juan Capistrano Public Works Department for the completion of a Sign Inventory and Database Creation for the City of Sart Juan Capistrano in accordance with Terms of Reference inclusive of this proposal: Task Lump Sum Price Traffic Sign Visual inspection & Inventory 52 ,363.00 r-. Street Name Signs inspection & Inventory note 2icin Other Classification (Parks, parking lots, 3 see pricing facilities,trails,way finding) note 3 Database Creation 4 $13,325.00 5 Replacement Program Plan for Traffic Signs $413.,700.00 (including cost estimates) 6 Replacement Program Plan for Street Name $ 02,925.00 signs(including cost estimates) Note: Alternative Pricing Schedules will be considered. Please provide the details based on the methodology outlined in your proposal [i.e., qualitative and quantitative data, sampling method (number of locations and distribution), system to trach inventory in order to keep inventory j database current]. E 1 I i [ i i I 3 II I 14 i } g§j 3} Additional Services: in the event additional services are required beyond the scope of the work, to include consulting services, proponents are requested to provide the following unit rates. Other Tasks: Rate . Visual Nighttime Inspection Rate per sign 7 $1.45 Retroreflectometer Inspection Rate per 8 See pricing sign note 8 Traffic Engineering 9 Other Dourly Rate{Specify} Szo.oa Note-Inspection rates to include travel, labor,and equipment to conduct and record the data. Name of Firm Signature: i i 1 1 d8 E 1 i € 3 } .. . ......... . ... 4 3 4 i SCHEDULE F BIDDER'S REFERENCES Bidder's Company Name. . Bidders are to complete the Reference Form and attach to their bid submission. Any proposal received that does not Include the Reference Form.may be considered as "informal" and may be rejected by the City. Please state the name of the company, address; phone number and contact person where similar work, service or delivery of products or materials have been performed within the past three (3) years, The City of San Juan Capistrano reserves the right to contact any or all of a Company's references, e# rr is Bld'd r fib f of a Year Start: March 2007; Compieti.on; on-going Company Maryland SLiA Sign Mgmt and Inventory Address 660 W. Road Salisbury MA 21802 Contact Person d)oV:?]brewer - District Bn ineer Contact Phone Number (410)....677-4006 Description of Contract/Project 7-yr-Sian Management Program Value of Contract/Project 2 54 040 Year Start. December 2009; Completion: December 2014 Company.. City of Southgate, California Address 4244 Santa Ana St., Southgate, CA 90280-2314 Contact Person David Torres, Field Operations Manager Contact Phone Number (323) 563-5790 Description of ContracVPro'ect Sign Inventory Project 1 Value of Contract/Pro"ect S25000 Rencc, l3d ,ifairit�o Year Start October 2049; Completion: December 2010 . Companye -Sdiaffer Inc. $ Address 210 25th Ave No., Ste 800, Nashville, TN 37203 i Contact Person Greg Judy, P.B. I Contact Phone Number (615) 383-8420 Description of ContractlPra'ect TN Delta Grant Pro�oct Value of Contract[Project $438,300 k 6 ' f i 16 I f z SCHEDULE G LIST OF SUBCONTRACTORS E "J Are subcontractors to be used on this project: Yes No x if yes, please complete the following: If no subcontractors are listed, all insurance will be written in the name of the general contractor only. Item of Work SubContractor Address Phone No. I E i i Contractor's Name i Authorized Signature ....... .. ......... _ ..... . ... 17 9.0 Appendices. f A. 3M11'1 SIGN MANAGEMENT SYSTEM t website,or for field verification of sign and post Approach inventories and on-going field condition e 3M has developed an integrated Sign Management assessments and updates. System to log, inventory, track, and display sign assets 4. Field Verification and Assessment — based on intuitive and cost-effective processes and tools. Periodically, and as needed, the current The system is composed of S gelated components that inventory is verified and updated in the field comprise a complete asset inventory and management using a laptop equipped with GPS and 3M GIS system: software designed for efficient assessment of ® a signs and posts. The central repository database Mobile Asset Dogs project route and collects is then updated after each assessment. Dogging System photos with linked GPS locations. S. Web-Based Data Visualization and Management Processes photo log and GPS — 3M hosts a GIS wcbsite for each client to location to extract individual sign display and manage. their signpost inventory GIS-Based Post location and attribute, which are database. This includes a feature-rich GIS Processing stored in the system and related application and standard queries and reports. database. Authorized users can edit and manage the. inventory. Signs/posts can be added, deleted, or Repository Provides central repository for sign moved and attributes can be added or edited as Database GIS data and attribute information. needed. sign IYrt+elrilMy°aY31bCY't7/Y04k ROWField Verification Allows real-time field verification and assessment of sign information VabOa ALFat m1�. =d and Assessment and editing,as needed. y �:auona OV010; Not Prot* Provides GIS-based sign mapping GIS Website for display and management interface, IQ € Visualization and including standard queries and , Data Management reports for sign status and assessment. }'ba3C 4larlficafGaee %qQW1Xa%"Mot 473 W*Utk&r Rta�aoac33eni Work Flow' - The normal processing and work flow is shown - graphically in Figure 1. 1. Mobile Asset Lotiaing, System - The inventory process begins by driving the roads for the entire Figure i--Sign Inventory System Work Plow project area in both directions using a vehicle specially equipped to log GPS locations and taking high-quality pictures with each of its two I( cameras. This results in a large detailed GPS Components of the Sign Management System photo log that needs to be post-processed to extract sign and post information. 2. GIS-Based Post Processing-The initial sign and post inventory is built by further processing the GPS photo log using a software extension written by 3M for the ArcGIS system. The GPS photo log is "played back" in real-time (or variable time as needed)to locate each sign and posts and record relevant attributes t 3. &Rository Database — The processed sign and post information is stored in a central spatially- aware repository database. There, it can be i accessed as a data source for on-going displayFigure 2—Mobile Asset Logging System and data management using a GIS-based 33 GIS based Post Processing Mobile Asset Logging System The initial sign and post inventory is built by post The Mobile Asset Logging System is designed processing the GPS photo log using a software extension from the ground up specifically to be easily shipped to written by 3M for the ArcGIS system. The GPS photo project locations and quickly assembled on a van or SUV. log is "played back" in real-time (or variable time as This mobile system results in a cost-effective solution that needed)to locate each sign and post; and record relevant eliminates the need to lease or move expensive hard- attributes. The precise location of each sign, or post,and wired vehicles to distant locations. many additional attributes are recorded and stored in a The Mobile Asset Logging System is built around 3M- repository database. Attributes may include: developed software that captures multiple images, with a. MUTCD Code GPS location, at 5 frames per second and allows real-time b. MUTCD Description viewing of the logging process. The system uses dual c. Sign position on post 128Ox960 Firewire B cameras, sub-meter GPS, and a d. Sign orientation(north,south,cast,west) custom-built mobile computer designed for the logging c. Sign condition process, with uninterruptable power supply and backup f. Post type data storage to insure data integrity. g. Post material h. Post condition i. Picture showing each sign Figure 4—FAST tool for Field Assessments Figure 3—GIS-Based Post Processing GIS Website for Data Visualization and Management 3M hosts a GIS website for each client to display and manage their sign/post inventory database. Standard Repository Database features include a GIS application, queries and reports. The post-processed sign and post information is stored in a Authorized users can edit and manage the inventory if central spatially-aware repository database. The repository needed. Signs/posts can be added, deleted, or moved database is the central data source for all on-going, on-line and attributes can be added or edited as needed. The display and data management using a GIS-based website. It GIS website and the FAST tool are intended to look and is also the data source for all on-going field condition act very similar to each other and have similar tools. assessments and updates. Both allow for changes in the This allows users to be comfortable with a single inventory and changes in status of individual signs and posts interface. Field Verification andAssessment(Recurring) Periodically, and as needed, the current inventory is verified and updated in the field using 4 laptop computer equipped with GPS and 3M-developed FAST GIS software (Field Asset Status Tracker) designed for efficient~field assessment of signs and posts. After field updates, the central repository database is then updated with each assessment. 34 - - .. _.. .. .._ ...................... s i Figure 5 — GIS Website for Data Visualization and Management 1 3 6 i fi gI 3 g� i k ........ ... .... 35 r B. Sign Assessment Process using the FHWA Comparison Parcel Method F ) 1. Method for Assessment A visual nighttime sign assessment method shall be used for conducting retroreflectivity assessment for all signs located within or associated with the City of San Juan Capistrano's road right-of ways. The visual nighttime sign assessment method shall conform to FHWA Comparison Panel method guideline. l A daytime inspection shall be conducted to identify signs that require replacement for ASTM sheeting type I, II, and III beaded materials. The data shall be gathered and collected using the FAST tool containing the sign inventory database. The inventory database shall be updated via a web-based interface utility program. 2. Comparison Panels Procedures Comparison Panel Method uses any vehicle with the correctly aimed headlamps. Typically newer mid-size to full-size vehicle will meet this requirement. The inspector age is not a factor for selecting an inspector. The"initial"inspection occurs at highway speeds. When a sign is suspected of having low retroreflectivity, an inspector can mark the signs or detailed inspection. The detailed inspection involves the following steps: A. Identifying suspected signs l Visual inspection utilizes an inspector judgment call on the rating based on his/her training. It is preferable to maintain the same inspectors throughout the project when l possible. The inspectors are trained to observe the signs at various levels of retroreflectivity including signs at the minimum levels to exercise the mind to distinguish differences retroreflectivity levels. The rating shall conform to the following standards: a. Rating of Critical - Extremely low or no visibility when viewed at distances over 500ft (greater than 1O ips or at distance when sign first comes into view) I and/or not legible at 250ft or less (ie. Less than 5 skips). F 0 b. Rating of l=air- Visible when viewed at distances over 500ft (greater than 10 skips or at distance when sign first comes into view) and good legibility at 250ft or less (ie. Less than 5 skips) c. Rating of Good - Clearly visible when viewed at distances over 500ft (greater than 10skips or at distance when sign first comes into view) and good legibility at 250ft or less (le. Less than 5 skips) New inspectors shall be trained both using mid-size and truck vehicle viewing .simulations with actual aged signs. In addition, new inspectors shall be calibrated in a controlled field environment to practice his/her first night time inspection. i l -- 36 E r g p33p S Once the inspector identified a suspected sin observe traffic and safe! <' y pull over to `u inspect the sign. CAUTION: DO NOT PULL OVER IN TRAFFIC CONGESTI0N. i INSPECTORS MUST FOLLOW STATE, LOCAL TRAFFIC CONTROL AND SAFETY STANDARDS, 3. Pass Fail Criteria The sign must have a retroreflectivity level higher than the comparison standard panel in order for the sign to pass. The procedure can be done during daytime; although, it is preferable to conduct the assessment during nighttime driving. i Rating Criteria: i CRITICAL—sign need immediate replacement • FAIR—sign that may need replacement within 1-5 years • GOOD—sign that may need replacement within 5 or more years 4. Minimum Retroreflectivity Comparison Standard Panels All standard are made using beaded or prismatic sheetings that have less sensitivity to the changes in the observation angle. The panels are calibrated to the minimum retroreflectivity levels in the MUTCD Table 2A-3. Each Comparison Panel Method standard master panel shall be generated using a photometric range. A portable reflectometer approved by the sheeting manufacturer can then be used for generating panels for field use. Y Comparison Panel Method standards are hung in front of the sign using a mechanical clip or hook with 3M Commander'' Adhesive to avoid damaging the i sign face. i . Standards must be re-calibrated annually by sending to the manufacturer. l Calibration standard values may not be exactly the same as specified in the MUTCD Table 2A-3. The tolerance, however, must not be larger enough to be visually detectable by a human eye. 5. Visual Calibration .. Calibrating the Inspector Calibration standards have Known retroreflectivity levels at or above minimum levels. The inspector uses the visual standard to calibrate his/her eyes to establish a threshold E for the sign brightness levels. The following calibration procedure for the inspector shall be used: f r 3 I I .37 i i I Calibration standards are needed for each color of sign in MUTCD Table 2A-3. ,.._. • Calibration standards must be properly stored between inspections so that their retroreflectivity does not deteriorate over time. It is recommended that new inspectors are trained in a control environment, such as in a viewing room, where various signs with different levels of brightness can be shown to help the inspectors identify the suspected signs. 6. Visual Calibration - Field Calibration Procedure o Wait until complete darkness o Drive the vehicle along the routes and have the inspector observe sign brightness levels o Identify a sign and safely pull over to the shoulder at a distance to the sign g that allows the headlight to shed the low beam light on the sign face o Clip the comparison standard panels o Observe and compare the brightness of the signs to the panels Repeat the calibration if the ambient conditions have drastically changed that may affect the inspector's ability to observe the sign reflectivity. For example, if the calibration was done in the rural sections of the inspection routes, it maybe prudent to re-calibrate when you enter the urban areas. 7. Data Requirements ) i i The contractor shall create a log for each inspection which establishes the name of the inspector, assessment method, route, date, time, weather conditions, vehicle model and year of manufacture. r f s{ rF Y(i 4 t t i 38 i Ce Example of 3MT11' FAST Tool Software License 3M TRAFFIC SAFETY SYSTEMS DIVISION SIGN.DATA MANAGEMENT TOOLS SOFTWARE LICENSE AGREEMENT This Software License Agreement("Agreement")by and between 3M Company("31NP)and C'Licensee")is effective upon Licensee's receipt of the Software("Effective Date"). In consideration of the exchange of promises herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, and intending to be legally bound, the parties agree as l follows: 1.License. 3M grants Licensee a non-exclusive, non-transferable, limited license to use the 3M Sign Data Management Tools software("Software")on a single PC for the limited purposes set forth herein.Upon the expiration of the warranty period, 3M will provide Licensee with a maintenance agreement which will provide revisions and updates to the Software. Such revisions and updates shall be deemed Software for the purposes of this Agreement and shall be subject to the terms and conditions herein. This license pertains to the Software in object code form only. Licensee has no right or license to the Software in source code form., and Licensee shall not reverse engineer, decompile, disassemble or otherwise attempt to gain access to the Software. All rights to the Software not expressly granted to Licensee in this Agreement are reserved to 3M. 2. Use Restrictions. Licensee shall use the Software for its internal business purposes only, and shall not sell, rent, lend, lease, sublicense, or distribute the Software, or modify or create derivative works thereof. Licensee may make a single copy of the Software for archival purposes only. 3. term. This Agreement is effective upon_ the Effective Date and expires upon the expiration or termination of the Contract for Consulting Services - The Sign Inventory and Database Creation between Licensee and 3M. I4.Termination. 3M may terminate this Agreement if Licensee fails to cure a material breach thereof within ten(10)days of receipt of written notice of such breach. In addition, 3M may terminate this Agreement, with or without cause,upon thirty(30)days written notice to Licensee, 5. Effect of Termination, Upon expiration or termination of this Agreement, all right and license of Licensee to use or possess the Software shallterminate immediately and Licensee shall promptly delete or destroy all copies of the Software stored in any medium. Upon request, Licensee will provide 3M with written certification of the foregoing. 6. Warran . The Software shall perform the functions described in 3M's Software documentation for a period of 90 days. 3M's sole liability and Licensee's exclusive remedy for deficiencies in the Software that cause failures of the described functions will be to correct the deficiencies with revised software to be provided free of charge. 7. DISCLAIMER OF WARRANTIES, 3M DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE INCLUDING BUT NOT LIMITED TO THE WARRAN'T'IES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE IS NOT WARRANTIED TO BE ERROR-FREE OR TO RUN UNINTERRUPTED, LICENSEE ASSUMES ANY AND ALL RISK REGARDING ITS USE OF THE SOFTWARE. I LIMITATION OF LIABILITY. 3M WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES(INCLUDING, WITHOUT LIMITATION,DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF E DATA OR ANY OTHER PECUNIARY LOSS)ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF 3M HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF 3M UNDER THIS AGREEMENT, OR f 39 �.......- _. ............ — - — -- ---- -- - - . _..____. .. -. --- - __ ---- OTHERWISE ARISING FROM THE SOFTWARE AND LICENSEE'S USE THEREOF, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SOFTWARE. 9. Indemnification. Licensee agrees to indemnify and hold harmless 3M, it's directors, officers, shareholders, employees, agents and assigns, from all claims, actions, suits, damages, liabilities, losses, l judgments, penalties, liens and costs, including reasonable attorney's fees and litigation expenses, arising from Licensee's use of the Software 10. Licensee's Re resentations. Licensee represents and warrants that (i) Licensee has fully read and understands the terms and conditions of this Agreement and intends to be legally bound thereby; and (ii) Licensee has had the opportunity to seek the advice of legal counsel with regard thereto. 11. OwnershiR & C031ight. Licensee, on behalf of itself, its owners, shareholders, directors, officers, employees, agents and assigns, acknowledges that the Software and all copyrights thereto are the sole and exclusive property of 3M,and that none of the aforementioned parties has any right,title or interest in the Software except as expressly provided in this Agreement. 12.Publicity. Licensee shall not make any public statements regarding the Software or this Agreement,or ' make any use of 3M's logos, trademarks, trade names, trade dress or other identifying marks without obtaining 3M's prior written consent in each instance. 13.Governing Law and Attorneys'Fees.This Agreement is governed by the laws of the State of Minnesota, excluding its conflict of laws rules. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in Ramsey County, Minnesota. In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement,the prevailing party will be entitled to recover its costs, including reasonable attorneys' fees. THE PARTIES FURTHER AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE(1)YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. 14. General.This Agreement constitutes the entire agreement between Licensee and 3M with respect to the subject matter hereof. In the event of conflict between the terms and conditions of this Agreement and any other agreements or representations by or between the parties hereto, whether oral or written, this Agreement shall govern. The terms of this Agreement cannot be modified by any terms in any printed forms, including but not limited to purchase orders, and can only be modified or amended by express written consent of both parties. If any part of this Agreement is held to be unenforceable as written, it will be enforced to the maximum extent allowed by applicable law, and will not affect the enforceability of any other part.Licensee shall not transfer or assign this Agreement,or any of its rights or obligations hereunder, without 3M's express written consent. i ACCEPTED AND AGREED: 3M COMPANY LICENSEE By: By. (print name) (print name) Title: Title: l Date:_ Date: t` 40 i 3M Traffic Safety 3M Center,Buildmg 235-3A-09 Systems Division St.Paul,MN 55144-1000 �I March 29, 201.1. Ms. Jill Thomas, Senior Management Analyst City of San Juan Capistrano Public Works.Department 32100 Paseo Adelanto San Juan Capistrano, CA 92675 RE: 3M ROADWAY MAINTENANCE SERVICES RESPONSE TO SIGN INVENTORY AND DATABASE CREATION RFP Dear Ms. Thomas: Thank you for the opportunity to present to you our proposal for the above referenced contract last month. We appreciate the forward-thinking response of the City of San Juan Capistrano to the FFIWA Minirnum Requirements for Maintaining Traffic Sign Retroreflectivity, including requirements for implementing a traffic sign management plan by January, 2012. The Request for Proposal as outlined by your city will enable the City of San Juan Capistrano to meet these federal requirements and minimize your liability. We also appreciated the interaction and discussion with you and your staff when we visited your agency earlier this year. Based on the level of energy and interaction in the room we are confident that the city will implement this program successfully. We would value a partnership with the City of San Juan Capistrano to meet your goals for improved traffic sign management. The 3M system as proposed fits very well with the goals of your program. Frorn our discussions after our presentation, we understand your request of 3Mto outline some value-engineered cost saving modifications from our original proposal. We fully understand the financial challenges facing many agencies today. With this in mind, we offer the following options for your consideration. 1. The original proposal includedsome"open-ended"costs associated with collection of traffic sign data, based on 5000 traffic signs within your city. We understand the need for San. Juan Capistrano to contain your costs prior to implementing a contract such as the one under consideration. We have reviewed our calculations and predictions related to the estimate of 5000 signs within your. city andwe are prepared to enter into an agreement that would cap the costs as outlined regardless of how.many signs are actually inventoried. If we significantly exceed the 5000 traffic sign figure, 3M will absorb this cost. EXHIBIT B 2. .Page 1.0 of the request for proposal outlines requirements for collecting data on various sign types, including signage for"city owned or]eased parking Tots, city owned parks, way finding, and trail signs." Schedule E, item 3 of our price proposal confirms that completing these signs was included in our overall base price for completing the Inspection and Inventory phase of work. In order to reduce costs, we can eliminate the data collection, inventory and assessment costs for these sign types, resulting in savings of$1500 for the project. Data for these signs could be captured at a later dale by city forces and could be considered a lower priority comparedwith standard warning, regulatory, and street name signs located directly along roadway corridors. 3. The night assessment task(optional) was originally listed at a cost of$7250, using our rate of$:1.45 per sign for the estimated 5000 signs. We understand that the City of San .Tuan Capistrano will implement a Blanket Replacement process of sign management, in line with FHWA requirements. To this end, we will also work with city staff to train your individuals to conduct a night assessment task in the future, using our sign management field tracking tools. We will absorb the cost of training at no additional cost to the City of San Juan Capistrano. The above cost savings result in a new cost proposal as follows: Original Comprehensive Proposal from 3M 541,738 Eliminate Night,assessment ($7250) (3M provides training at no charge) Sign Scope reduction $1500 (harking lots,parks,way finding, trails) Revised Proposal from 3M $32,988 We hope the above cost reductions allow the City of San .luan Capistrano to move forward with the project. Please left us know if you.would like to discuss the above items in more detail. Thank you for your continuedinterest in the program. We look forward to talking with you again. Sincerely, David E. Nyberg Business Development Manager 3M Roadway Maintenance Services 3M TRAFFIC SAFETY SYSTEMS DIVISION SIGN DATA MANAGEMENT TOOLS SOFTWARE LICENSE AGREEMENT This Software License Agreement f"Agreement") by and between 3M Company ("3M") and City of San Jan Capistrano ("Licensee") is effective upon Licensee's receipt of the Software ("Effective Date"), In consideration of the exchange of promises herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, and intending to be legally bound, the parties agree as follows: 1. License. 3M grants Licensee a non-exclusive, non-transferable, limited license to use the 3M Sign Data Management Tools software ("Software") on a single PC for the limited purposes set forth herein. Upon the expiration of the warranty period, 3M will provide Licensee with a maintenance agreement which will provide revisions and updates to the Software, Such revisions and updates shall be deemed Software for the purposes of this Agreement and shall be subject to the terms and conditions herein. This license pertains to the Software in object code form only. Licensee has no.night or license to the Software in source code form, and Licensee shall not reverse engineer, decompile, disassemble or otherwise attempt to gain access to the Software. All rights to the Software not expressly granted to Licensee in this Agreement are reserved to 3M. 2. Use Restrictions. Licensee shall use the Software for its internal business purposes only, and shall not sell, rent, lend, lease, sublicense, or distribute the Software, or modify or create derivative works thereof. Licensee may maize a single copy of the Software for archival purposes only: 3. Term. This Agreement is effective upon the Effective Date and expires upon the expiration or termination of the Contract for Consulting Services - The Sign Inventory and Database Creation between Licensee and 3M. 4. Termination. 3M may terminate this Agreement if Licensee fails to cure a material breach thereof within ten (10) days of receipt of written notice of such breach. In addition, 3M may terminate this Agreement,with or without cause, upon thirty (30)days written notice to Licensee. 5. Effect of Termination. Upon expiration or tennination of this Agreement, all right and license of Licensee to use or possess the Software shall terminate immediately and Licensee shall promptly delete or destroy all copies of the Software stored in any medium. Upon request, Licensee will provide 3M with written certification of the foregoing. 6. Warranty, The Software shall perform the functions described in 3M's Software documentation for a period of 90 days. 3M`s sole liability and.Licensee's exclusive remedy for deficiencies in the Software that cause failures of the described functions will be to correct the deficiencies with revised software to be provided free of charge. 7. DISCLAIMER OF WARRANTIES. 3M. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE IS NOT WARRANTIED TO BE ERROR-FREE OR TO RUN UNINTERRUPTED. LICENSEE ASSUMES ANY AND ALL RISK REGARDING ITS USE OF THE SOFTWARE. 8. LIMITATION .O1.LIABILITY. 3M WILL NOT BE LIABLE .FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION LOSS OF DATA OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE;, EVEN IF 3M HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN ANY CASE, THE ENTIRE LIABILITY OF 3M UNDER THIS AGREEMENT, OR OTHERWISE ARISING FROM THE SOFTWARE AND LICENSEE'S USE TIIEREOF, SHALL BE LimiTED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SOFTWARE. 9. Indemnification. Licensee agrees to indemnify and hold harmless 3M, it's directors, officers, shareholders, employees, agents and assigns, from all claims, actions, suits, damages, liabilities, losses, judgments, penalties, liens and costs, including reasonable attorney's fees and litigation expenses, arising from Licensee's use of the Software 10. I..icensee's Representations. Licensee represents and warrants that(i) Licensee has fully read and understands the terms and conditions of this Agreement and intends to be legally bound thereby; and (ii) Licensee has had the opportunity to seek the advice of legal counsel with regard thereto. 11. Ownership & Copyright. Licensee, on behalf of itself, its owners, shareholders, directors, officers, employees, agents and assigns, acknowledges that the Software and all copyrights thereto are the sole and exclusive property of 3M, and that none of the aforementioned parties has any right,title or interest in the Software except as expressly provided in this Agreement. 12, Publicity. Licensee shall not make any public statements regarding the Software or tbi.s Agreement, or make any use of 3M's logos, trademarks, trade names, trade dress or other identifying marks without obtaining 3M's prior written consent in each instance, 13. Governing Law and Attorneys' Fees. This Agreement is governed by the laws of the State of Minnesota, excluding its conflict of laws rules. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in Ramsey County, Minnesota. In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the pre vailing will be entitled to recover its costs, including reasonable attorneys' fees, THE PARTIES FURTHER AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. 14. General. 'This Agreement constitutes the entire agreement between Licensee and 3M with respect to the subject matter hereof. In the event of conflict between the terms and conditions of this Agreement and any other agreements or representations by or between the parties hereto, whether oral or written, this Agreement shall govern. The terms of this Agreement cannot be modified by any terms in any printed forms, including but not limited to purchase orders, and can only be modified or amended by express written consent of both parties. If any part of this Agreement is held to be unenforceable as written, it will be enforced to the maximum extent allowed by applicable law, and will not affect the enforceability of any other part. Licensee shall not transfer or assign this Agreement, or any of its rights or obligations hereunder, without 3M's express written consent. ACCEPTED AND AGREED: 3M COM ANY C1` SAN JUAN PI S�R-A,NO r John R. Houle (print name) (pri na ) rt Title: Division Vice President Title: Date: l '� z Date: