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Agenda 05/08/2012 Item #16A45/8/2012 Item 16.A.4. EXECUTIVE SUMMARY Recommendation to approve an amendment extending the existing Maintenance Agreement (412918- 1-72-01 - Supplemental Agreement #2) between the State of Florida, Department of Transportation and Collier County and approve a budget amendment recognizing revenue in the amount of $446,900.50. OBJECTIVE: To enter into a 3 -month extension of the Maintenance Agreement previously approved by the Board of County Commissioners between the State of Florida Department of Transportation ( "FDOT ") and Collier County (See attached copy). CONSIDERATIONS: FDOT and the County entered into a Maintenance Agreement for the County to perform asset maintenance throughout the County on June 25, 2002, Agenda Item 16B19 (copy attached). FDOT and the County have negotiated an amendment to extend the Maintenance Agreement for a period of three (3) months beginning the lst day of July, 2012 and ending the September 30, 2012, to eliminate a potential gap in service between the expiration of the original term and the execution of a new contract with a private provider. The outsourcing of asset maintenance reflects consistent policy from FDOT around the state of privatize as many functions as possible. FDOT has asked the county to extend the existing contract by 3 months in order to complete the outsourcing RFP and award the contract. The terms of the amendment negotiated between FDOT and the County provides that the County will be compensated for this extended service in the amount of $446,900.50; which will be paid in equal monthly increments over the 3 -month extension. All other provisions of the original Agreement shall remain in full force and effect in accordance with their terms. FISCAL IMPACT: A budget amendment is required to recognize additional funding from July 1, 2012 through September 30, 2012 in the amount of $446,900.50 to Transportation Fund (101). The FY12 budget cycle was sized on funding through June 30, 2012 at an amount of $1,340,700. The extension will fully fund FY 2012 at an amount of $1,797,600 to provide asset maintenance of State facilities. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida, approve the attached Supplemental Agreement #2 and authorize the Chairman to sign the Agreement after final review by the County Attorney's Office and approve a budget amendment in the amount of $446,900.50. Prepared by: Travis Gossard, Superintendent, Road & Bridge Maintenance section, Transportation Services Division, Growth Management Division Attachments: Exhibit A, State of Florida Department of Transportation Maintenance Agreement, Supplemental Agreement #2 Packet Page -277- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.4. 5/8/2012 Item 16.A.4. Item Summary: Recommendation to approve an amendment to Maintenance Agreement (412918- 1- 72 -01- Supplemental Agreement #2) between the State of Florida, Department of Transportation and Collier County and approve a budget amendment in the amount of $446,900.50. Meeting Date: 5/8/2012 Prepared By Name: RamosMargaret Title: Administrative Supervisor,Transportation Engineering & Construction Management 4/11/2012 10:57:17 AM Submitted by Title: Superintedent - Roads & Bridges,Transportation Eng Name: GossardTravis 4/11/2012 10:57:18 AM Approved By Name: NauthRookmin Title: Management /Budget Analyst,Transportation Administr Date: 4/11/2012 11:38:44 AM Name: BrilhartBrenda Title: Purchasing Agent,Purchasing & General Services Date: 4/11/2012 12:14:06 PM Name: GossardTravis Title: Superintedent - Roads & Bridges,Transportation Eng Date: 4/11/2012 2:14:53 PM Name: MarkiewiczJoanne Title: Manager - Purchasing Acquisition,Purchasing & Gene Date: 4/11/2012 9:03:26 PM Packet Page -278- 5/8/2012 Item 16.A.4. Name: WardKelsey Title: Manager - Contracts Administration,Purchasing & Ge Date: 4/12/2012 10:47:11 AM Name: V1ietJohn Title: Director - Road Maintenance,Transportation Enginee Date: 4/12/2012 1:52:44 PM Name: BetancurNatali Title: Executive Secretary,Transportation Engineering & C Date: 4/16/2012 10:08:36 AM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 4/16%2012 4:13:41 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 4/24/2012 2:45:59 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 4/26/2012 9:51:04 AM Name: KlatzkowJeff Title: County Attorney Date: 4/27/2012 9:29:41 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 5/1/2012 10:41:22 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 5/1/2012 10:50:17 AM Packet Page -279- M 5/8/2012 Item 16.A.4. Contract No.: BD-418 Financial Project No.: 412918- 1 -72 -01 Page 1 of 2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT SUPPLEMENTAL AGREEMENT #2 This is Supplemental Agreement #2 which modifies the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATIONMA INTENANCEAGREEMEAM hereinafter referred to as the "Agreement ", between COLLIER COUNTY, hereinafter referred to as the "COUNTY" and the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT" dated June 28, 2002. WITNESSETH A. WHEREAS, the DEPARTMENT and the COUNTY entered into a Maintenance Agreement for the COUNTY to perform Asset Maintenance throughout the County; and B. WHEREAS, the DEPARTMENT and the COUNTY have agreed to extend said Maintenance Agreement for a period of three (3) months beginning the l' day of July . 2012 and ending the 30'b day of September . 2012 to eliminate a potential gap in service between the expiration of the original term and the execution of a new contract; and C. WHEREAS, the DEPARTMENT and the COUNTY have agreed that the COUNTY will be compensated for this extended service at a cost of $446.900.50 to be paid in equal monthly increments over this three (3) month extension; and D. WHEREAS, the DEPARTMENT and the COUNTY have agreed that NOW, THEREFORE, that for and in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: 1. All expressions used herein, unless herein separately defined, shall have the same meaning herein as in the original Agreement. 2. Except as expressly or by necessary implication modified hcreby, all provisions of the original Agreement shall remain in full force and effect in accordance with their terms. 3. Except as set forth herein, all terms and conditions of said original Agreement shall remain in force and effect during the remainder of this Agreement and any Supplements. 4. There am no other modifications. Packet Page -280- 5/8/2012 Item 16.A.4. Contract No.: BD-418 Financial Project No.: 412918- 1 -72 -01 Page 2 of 2 IN WITNESS WHEREOF, the COUNTY has caused this Supplemental Agreement #2 to be executed in its behalf this day of , 2012, by the . authorized to enter into and execute same by Resolution Number dated * 2012 and the DEPARTMENT has executed this Supplemental Agreement #2 through its District Secretary or authorized designee, Florida Department of Transportation, this day of , 2012. COLLIER COUNTY ATTEST: (SEAL) Signature NAME: Print TITLE: Collier County Legal Review: Signature BY: Signature NAME: Fxed W. Coyle TITLE: Chairman Print STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Aftk ATTEST: (SEAL) BY: Executive Secretary District One Secretary or Designee DATE: NAME: Print DOT District Maintenance Administrator Approval: Signature NAME: Print DOT Legal Review: R'n 3�t,la, Signature Availability of Funds Approval: DATE: 03/220-012 Packet Page -281- Jackson, Wayne From: The job F1989WMR Sent: Wednesday, March 21, 2012 4:03 PM To: Jackson, Wayne Subject: FUNDS APPROVALIREVIEWED FOR CONTRACT BD418 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #BD418 Contract Type: Method of Procurement: Vendor Name: COLLIER COUNTY B Vendor ID: VFS96000558MM Beginning date of this Agmt: 06/28/02 Ending date of this Agmt: 09/30/12 s««««****s rw«« w** r««** w* r** rwrr*«««« wr«* r « * « «wr «wr * « * *rrw « *rrwswr *rrrwr« ORG -CODE *ED *OB3ECT *AMOUNT *FIN PR03ECT *FCT *CFDA (FISCAL YEAR) *BUDGET ENTITY *CATEGORY /CAT YEAR AMENDMENT ID *SEQ. *USER ASSIGNED ID *ENC LINE(6S) /STATUS Action: SUPPLEMENTAL Funds have been: APPROVED 55 014040110 *OM *242050 * 446900.50 *41291817201 *e99 2012 *55150200 *088712/12 S082 *00 * 02 *0012/04 ------------------------------------------------------------------------ TOTAL AMOUNT: *$ 446,900.50 * ------------------------------------------------------------------------ FUNDS APPROVED /REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 03/21/2012 Please provide us your feedback on the Contract Funds Management System. A survey is available at the following link: htto• /Lcoshareppoint. dot. state. fl. us/­sites /OOC /FMO /CFM /default.aspx under the Surveys tab. Thank you in advance for your time! 1 Packet Page -282- 5/8/2012 Item 16.A.4. 5/8/2012 Item 16.A.4. Contract No.: Financial Project No.: 412918- 1 -72 -01 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, of the State of Florida, hereinafter referred to as the "DEPARTMENT ", and Collier County, hereinafter referred to as the "COUNTY ". WiTNESSETH WHEREAS, the COUNTY has the authority to enter into said Agreement and to undertake the project hereinafter described, and the DEPARTMENT has been granted the authority to function adequately in all areas of appropriate jurisdiction and is authorized under Section 334.044 F. S. to enter into this Agreement; and WHEREAS, the COUNTY by Resolution No. dated the day of , 2002, a copy of which is attached hereto and made a part hereof, has '— authorized its officers to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: 1- SERVICES AND PERFORMANCE: A. The DEPARTMENT does hereby retain the COUNTY to furnish certain services as described in EXHIBIT A, attached hereto and made a part hereof. B. Before any additions or deletions to the work described in EXHIBIT A, and before undertaking any changes or revisions to such work, the parties shall enter into a Supplemental Agreement covering such modifications and the compensation to be paid therefore. Performance of any such services prior to the execution of a Supplemental Agreement will result in nonpayment of those services. Reference herein to this Agreement shall be considered to include any supplemental thereto. C. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Coordination shall be maintained by the COUNTY with representatives of the DEPARTMENT. D. All services shall be performed by the COUNTY to the satisfaction of the Director who shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement. The Director's decision upon all claims, questions and disputes shall be final and binding upon all parties. Adjustments of compensation —' JUN15 2 Fxhibit "cr""", Packet Page -283- 5/8/2012 Item 16.A.4. Contract No.: Financial Project No.: 412918- 1 -72 -01 time because of any major changes in the work that may become necessary or desirable shall be left to the absolute discretion of the Director. Reference herein to Director shall mean the DEPARTMENT's District Secretary for District One A. This Agreement has a term of ten (10) years, which term shall begin immediately following the execution of this Agreement by the DEPARTMENT. B. The services to be rendered by the COUNTY shall comment¢ subsequent to the execution of this Agreement, upon written notice from the DEPARTMENT's Project Manager, and shall continue until its expiration date of , unless terminated in accordance with paragraph 6 of this Agreement. C. This contract may be renewed for a period of ten (10) years. Renewals shall be contingent upon satisfactory performance evaluations by the DEPARTMENT and subject to the availability of funds. Any renewal or extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. •mil'. � �• s � A. The DEPARTMENT agrees to pay the COUNTY for the herein described services at a compensation rate as detailed in EXHIBIT A attached hereto and made a part hereof. The DEPARTMENT shall have the right to retain out of any payment due the COUNTY under this Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the COUNTY on any other Agreement between the COUNTY and the DEPARTMENT. B. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes. C. If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. D. Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b), Florida Statutes. E. Bills for fees or other compensation for services or expenses shall be submitted in 2 Packet Page -284- AGEP'^ TEk No._,.�- b t� JUN, 15 2W Pg. 5/8/2012 Item 16.A.4. Contract No.. Financial Project No.: 412918 -1 -72-01 detail sufficient for a proper pre -audit and post -audit thereof. F. Bills for travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with Section 112.061, Florida Statutes. G. COUNTY providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. H . If a payment is not available within 40 days, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the COUNTY. Interest penalties of less than one (1) dollar will not be enforced unless the COUNTY requests payment. Invoices which have to be returned to the COUNTY because of COUNTY preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. I. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractors /vendors who may be experiencing problems in obtaining timely payments(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410 -9724 or by calling the State Comptroller's Hotline, 1- 800 - 848 -3792. J. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the COUNTY's general accounting records and the project records, together with supporting documents and records of the COUNTY and all subcontractors performing work on the project, and all other records of the COUNTY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. K. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the AGei 3 No._( �11 JUN2�:'_ Packet Page -285- 5/8/2012 Item 16.A.4. Contract No.: Financial Project No.: 412918- 1 -72 -01 Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of Agreements for, periods exceeding one year, but any Agreement so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's perfor**79f ce and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. L. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 4- INDEMNITY AND INSURANCE: A. INDEMNITY. COUNTY agrees, to the extent allowed by Section 768.28 F. S., that it will indemnify, defend, and hold harmless DEPARTMENT and all of DEPARTMENT's officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any acts, actions, neglect or omission by COUNTY, its agents, employees, or subcontractors during the performance of the contract, whether direct or indirect, and whether to any person or property to which DEPARTMENT or said parties may be subject, except that neither COUNTY nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the negligence of DEPARTMENT or any of its officers, agents, or employees. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a parry to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. B. LIABILITY INSURANCE. The COUNTY covenants to keep in force during the period of this Agreement public liability insurance and property damage insurance through the COUNTY's self- insurance. C. WORKER'S COMPENSATION. The COUNTY also covenants to keep in force 4 AGE"f, _ NC 1P JUN IS 24%02 Pa. S Packet Page -286- 5/8/2012 Item 16.A.4. Contract No.: Financial Project No.: 412918- 1 -72 -01 during the period of this Agreement worker's compensation insurance and property damage insurance through the COUNTY'S self - insurance. •i• u!' C ' M V ' _. ' A. The COUNTY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B. The COUNTY shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Agreement. A. This Agreement may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the COUNTY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors. This Agreement may be canceled by the COUNTY upon (60) days written notice to the DEPARTMENT. B. If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the COUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) take whatever action is deemed appropriate by the DEPARTMENT. C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of such termination, with instructions to the effective date of termination or specify the stage of work at which the Aunt is to be terminated. D. If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Agreement price as the amount of work satisfactorily completed is a percentage of the total work 5 AGEND No.J.{� JUN AS K% pg. CP Packet Page -287- 5/8/2012 Item 16.A.4. Contract No.: Financial Project No.: 412918-1 -72 -01 called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the COUNTY. 9311 F.111f.1% V. A. The Lessor agrees to defend, indemnif y. and hold harmless the Lessee against any and all claims that the Lessm mate liable for. suffer. incur. or pay arising under any applicabk laws and resulting from or arising out of any act, activity, or violation of any aaalicable laws by the Lessor. its U=. employees. or assigns. The Lessor will further defend. indemnify, and hold harmless the Lessee against any and all claims that the Lessee may be liable for, suffer, incur. or pay resulting from or arising out of any handling, storage, treatment, transportation. disposal. release. or threat of release of hazardous waste or hazardous substances from or on the Leased Premises. B. Formposes of this article. "claims" include all actions, common -law of statutory causes of action. remedies, demands. out-o -pock= costs, liabilities. charges, suits. judgments. expenses, damages. personal injuries, RraR= damages, incidental or consequential damages. clean up costs. civil penalties, attorneys' fees, litigation expenses, abatement costs, abatement and corrective injunctive relief, injunctive relief rgguiring_removal or remedial action. costs of removal or remedial action, and damates to natural resources. �! • A. The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Contract for purposes other than those set out in Section 337.274, Florida Statutes. B. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. C. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. C. It is understood and agreed by the parties hereto that if any part, term or provision C No. JUN IS &,-2 pg. 4:�L? Packet Page -288- 5/8/2012 Item 16.A.4. Contract No.: Financial Project No.: 412918- 1 -72 -01 of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. E. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. F. Attachments. Exhibit "A" (1 page) with Attachment "A" (19 pages) IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf this day of , by the ,authorized to enter into and execute same by Resolution Number dated _and the DEPARTMENT has executed this Agreement through its District Secretary for District One, Florida Department of Transportation, this day of , COUNTY ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk Dated: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James N. Coletta, Chairman Dated: AGE ITEM F.11-A ._ ! lf JUN IS 2 Pp. Packet Page -289- 5/8/2012 Item 16.A.4. Contract No.: Financial Project No.: 412918- 1 -72 -01 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST: (SEAL) EXECUTIVE SECRETARY NAME: DOT District Maintenance Engineer Approval: Approved as to Form and Legal Sufficiency: 8 Au (JaRu ine Hubbar Robin- on A sistant County Attorney H: \USERS%LGISMLXWHC%LE ALXMAWrAGR.2 BY: DISTRICT SECRETARY DISTRICT ONE DOT Legal Review: Availability of Funds Approval: Date 8 0►C�..�a F. WN No._ -4 to t2 , JUN ISM12 Packet Page -290- PQ. 5/8/2012 Item 16.A,.4. Contract No.. Financial Project No.: 412918- 1 -72 -01 EXHIBIT "A" i 0171'1 The services to be rendered by the COUNTY shall commence, subsequent to the execution of this Agreement, upon written notice from the Department's Project Manager ( "Notice ") and shall continue for ten years from the date of said Notice. Said Notice to become Attachment 1 to this Exhibit. 2- COMPENSATION The Department agrees to pay the COUNTY for services rendered in accordance with this Agreement. A lump sum payment will be made in the amount of Dollars and (S ) per quarter for a total of Dollars and ($ ) per year. 3- LOCATION AND DESCRIPTION OF MAINTENANCE ACTIVITIES TO BE PERFORMED. Please reference the attached Scope of Services, "Attachment A ". 9 Packet Page -291- No. JUN 3.S i "I PO b 3a 5/8/2012 Item 16.A.4. SCOPE OF SERVICES HIGHWAY ASSET MANAGEMENT AGREEMENT (REV. 02125/02) CONTRACT ADMINISTRATION Contract Number - Pbumcial Project Number 412918 -1 -72-01 PROJECT BACKGROUND AND CONSIDERATIONS In an effort to provide the traveling public of the State of Florida a cost effective, high quality, transportation ittfrastrueture, the Florida Department of Transportation (hereinafter "Department ") has adopted innovative management, operation, and maintenance programs. The Department has an innovative highway asset management program whereby the Department will contract with a private entity or another governmental agency for the management of all assets located within the right -of -way for an entire geographical area or portion of roadway. For the purposes of this agreement, Collier County will be referred to as the "County." Once the agreement is executed, the Department will monitor the County's maintenance management program and conduct evaluations based upon performance specifications established in the agreement. The use of performance specifications, which effectively transfer day - today managerial and administrative responsibility to the County, with oversight by the Department, has been chosen because methodology specifications would require the Department to perform extensive contract administration including work identification, work assignment, inspection, and documentation. OBJECTIVES The County will manage and perform all routine maintenance activities associated with Roadway, Drainage, Roadside, Wayside Parks, Vegetation and Aesthetics, Traffic Services, highway Lighting and Incident Management. Packet Page -292- 0. EAGF JUN 6 vre 2u ,,2 5/8/2012 Item 16.A.4. PROJECT DESCRIPTION AND LIMITS The con idocs covered by this contract include all Florida Department of Transportation owned and man timed primary roadways within Comer County as shown below. State Road Numbers US Route Numbers Seedm Numbers 29 03080 45 41 03010 82 03050 84 03001 90 41 03010, 03040 [maintenance of the pavement only) 151 1 03030 The scope of this project includes management and performance of routine maintenance of all components of the transportation facility currently maintained by the Department within, or associated with, the state road right -of -ways on the primary road system as indicated in the chart above, including: (a.) All interchanges, crossroads and ramps to the point at which the right - of-way terminates or as shown by the Department through supplemental description. (b.) All overpasses over the transportation facilities out to the right -of -way line. (c.) All waterway and intermittent waterway canals to the right -of -way line including compliance with any permit requirements. (d.) All stormwater management and mitigation areas associated with the highway corridor. (e.) All Wayside Parr and Recreational Areas, excluding Section 03040 of State Road 90. GENERAL REQUIREMENTS It is the intent of the Department for all work to be performed to current Standards and Specifications dvoughout the agreement duration, as may be updated throughout the life of the agreement. The County will manage all assets within the project limits and will perform work that produces end results in accordance with Department Specifications (including all Supplemental Specifications and Special Provisions in the Specification Workbook), Design Standards, MUTCD, Standard Maintenance Special Provisions, Maintenance Activity Standards, Procedures, Handbooks, Guides, and Manuals in F;u2 N lu%2 pg. 3� Packet Page -293- 5/8/2012 Item 16.A.4. effect at the time of the performance of the specific work, and consistent with the Department's statewide maintenance practices. The Standard Specifications for Road and Bridge Construction, Workbook of Implemented Modifications to the Standard Specifications, and Mandatory Specification Revisions can be retrieved through the Internet at: The Department will oonaider changes in compensation on-an annual basis if changes are made to the Statewide Maintenance programs or any of these documents. This shall include additions or deletions of roads on the state highway system. The County will not receive any additional compensation for maintenance of projects currently scheduled in the Department's Work program at the time of the agreement's execution as set forth in Exhibit VII. The bid will be lump sum. The duration of the contract will be ten (10) years with a renewal option for one additional ten -year term. If the renewal option is exercised, the Department will, for inflation, add an additional twenty percent (20 %) of the total original annual lump sum amount to the ten - year renewal period lump sum annual amount. The County will invoice the Departrnent quarterly. The County will include with the quarterly invoice a breakdown of all work completed by appropriate Maintenance Management System (MMS) activity numbers with the units completed. The County will provide a breakdown of charges by appropriate Financial Project Number on the quarterly invoice. Proper health and safety measures will be taken to insure safety for the traveling public, Department employees, County employees, and Subcontractor employees. The County and agents are required to pay all tolls. The County is expected to maintain the road system uniformly and consistently throughout the agreement period by meeting performance specifications. Continued poor performance of work or failure to perform in accordance with the agreement will cause the County to be declared in default of the agreement. The Department will continue to pay all highway lighting electric bills currently being paid for by the Department including those for navigational lights on bridges. The County will update the Maintenance Roadway Characteristics Inventory (RCI) when changes occur to any roadway characteristic of the roads within the project limits. Updated coding sheets will be provided to the Department. The County will monitor and report to the Department, quarterly, all subcontractor utilization with DBE utilisation broken out (Form Number 375 - 030 -2E). The County will maintain records and documents of payments to DBE's for three (3) years following performance of the agreement. 3 JUN ASE2 Pq 3 Packet Page -294- 5/8/2012 Item 16.A.4. The County will maintain a customer service log, which shall detail complaints or requests, and the disposition of the items contained in the log- The customer service log will be made available to the Department for review upon request. The County will contact the customer within one (1) worldng day and have resolution of the cummer service request within two (2) weeks. Tbc County will develop and implement a Customer Service Resolution PlM. The County will comply with District lane closure restrictians/requnaments. In some locaoaos this may require the work to be performed at night. The County will be required to manage and coordinate existing Department contracts until expiration (See Attachment IV). Active contracts will continue until the funds or time expires on the contract, whichever comes feat. The County will document any mstances of poor performance by the Contractor of any existing Department contract. If the Department prematurely terminates the contract before the contract expiration given in attachment IV, the Departrruent will compensate the County for assuming the unanticipated workload remaining on the terminated contract. All claims and disputes by the County will be resolved in accordance with the "Documentation and Analysis of Maintenance Contract Claims" Procedure (Topic Number 375 -030 -015). The County will comply with the following Department procedures. Copies of these procedures can be obtained through the Department. Topic Number 850- 065 -002 Maintenance Rating Program Topic Number 850-000-015 Roadway and Roadside Maintenance Topic Number 850- 000 -005 Maintenance Responsibilities on Construction Projects Topic Number 850 -MS-025 Topic Number 850455 -003 Topic Number 850 -050 -004 Topic Number 850-005-001 Topic Number 850-050-003 Topic Number 850400.001 Topic Number 225 - 085 -001 Topic Number 625410-021 Topic Number 375-020 -002 Topic Number 375. 030 -015 Single and Multi -Post Sign Inspection Reporting Attenustor Inventory and Inspection Highway Safety Memorial Markers Reporting Incidents and Management of Damage Repair Guardrail Inspection and Maintenance Transportation Data Collection, Storage and Reporting General Liability Claims Median Opening and Access Management Decision Process Contract Maintenance Inspection and Reporting Documentation and Analysis of Maintenance Contract Claims The County will comply with the following manuals, guides and handbooks. 4 Packet Page -295- AGEW ME' t JUN A Pg. --ay 5/8/2012 Item 16.A.4. Maintenance Rating Program Handbook • Guide to Turf Management • Guide to Roadside Mowing Chemical Weed and Grass Control A Guide to Asphalt Pavement Repair Wildflowers in Florida Florida Highway Landscape Guide Utility Accommodations Manual Routine Maintenance Cost Handbook Maintenance Roadway Characteristics Inventory Manual Plans Preparation Manual These publications are available through the: FDOT Manuals Florida Department of Transportation Maps and Publications Sales 605 Suwannee Street - MS 12 Tallahassee, FL 32399 -0450 Phone (850) 414-4050 Fax (850) 414 -4915 hip / /www dot state fl us/ Manse +ndPuhlications /manuals/pub -list htm ROUTINE AND NON ROUTINE MAINTENANCE The County will manage all assets within the project limits and perform routine and non - routine maintenance activities as necessary. These maintenance activities will be performed at a fi-equency that ensures uniform and consistent compliance with the Maintenance Rating Program (MRP) criteria, the required maintenance rating level and any other requirements of the Department. The routine maintenance activity numbers, units of measure and descriptions can be found in the Routine Maintenance Cost Handbook. The installation and maintenance of logo signs are the responsibilities of others. The County will maintain all flashing signs and traffic signals that are not covered by a maintenance agreement with a city or county. Routine maintenance activities are listed in Attachment L . The County will manage the maintenance program including the performance of work needs determinations, location of resources, work assignments and management of resources. The County will develop an annual work program with associated budget to insure the desired maintenance is performed. AG—"IA IE No_ .Lts.�I 4_ JUN 45 2Z'.,2 Pq. Packet Page -296- 5/8/2012 Item 16.x,.4. INCIDENT RESPONSE The County will respond and deploy resources within 60 minutes of initial notification, 24 hours per day. 7 days per week, including holidays, to any incident occurring on the roadway corridors. The County will arrive on- site, prepared to take necessary action with necessary manpower and typical emergency response equipment, within a maximum time of 120 minutes from initial notification of the incident. The County will develop an "incident Response Plan ". Included in the "Incident Response Plan" should be details on publictagency notifications, incident management, how the safety of motorists will be insured, handling of hazardous waste, coordination with Law Enforcement and other appropriate agencies, traffic control, submission of "incident" reports, the establishment and maintenance of detour routes when needed for closure of the primary roads, emergency repairs, removal of debris and evacuation response. The County will be responsible for all aspects of traffic control related to an incident, including, but not limited to, the entire detour route off the corridor(s) covered by this amt onto other state roads or non -state toads. The County will notify the Department within 24 hours of all roadway closures exceeding 2 hours and re- openings, or major incidents upon occurrence, non - work days excluded. A summary of incident responses, by the County, will be submitted to the Department with the quarterly invoice. The County will have incident response procedures in place to ensure proper response within the roadway corridors. The County will comply with all Local, State, and Federal Laws and Department plans dealing with evacuation routes. The County will have incident response procedures in place to insure proper coordination of the handling of hazardous waste encountered on the roadway corridor. The County will comply with all Local, State, and Federal laws and regulations dealing with the handling and disposal of hazardous waste. When an event occurs causing damage to the facility, the Department authorizes the County to pursue claims against any responsible party for reimbursement of expenses incurred. Any advance preparation, repairs, replacement, etc., required as a result of natural disaster, catastrophic or emergency response event will be considered part of the agreement responsibilities and the County will not receive any additional compensation. The Department authorizes the County to pursue claims of any emergency reimbursement in response to the disaster. MAINTENANCE RATING PROGRAM The County will achieve and maintain an annual Maintenance Rating Program (MRP) rating of 80. The County will use the criteria established in the: Department's MRP to evaluate and establish the level of maintenance attained to ensure a uniform consistent level of Maintenance at all times. The requirements and criteria for the MRP are found in the Roadway and Roadside Maintenance procedure (Topic Number 850- 000 -015), the NW procedure (Topic Number 850 - 065 -002) and the NW Handbook. All elements .� No.-410 6 JUN P9. Packet Page -297- 5/8/2012 Item 16.A.4. (roadway, roadside, traffic services, ft wage and vegetation /aesthetics) shall have a rating of 75 or above and each characteristic shall meet the desired conditions a minimum, of 70 percent of the time. The County will perform the MRP rating three times per year. The Department will produce and provide to the County locations to be rated each period. Upon receipt of the samples from the Department, the County will be responsible for completing the survey of those samples and submitting all MRP coding sheets to the Department 5 days before the last working day of the-scheduled period. The MRP rating will be performed using the criteria in the MRP Handbook. The County will certify the ace -utacy of each MRP rating to the Department. The Department will calculate the MRP score for the County. The Department may perform MRP ratings as a quality control check of the County. The Department may also evalusu any specific component independent of the routine MRP evaluations. If the MRP rating for any period is disputed, the Department may perform a separate MRP inspection. The locations rated by the DepaRnxnt, for quality control or MRP dispute resolution, may or may not coincide with the locations rated by the County. If there is a difference between the County s MRP rating and the Department's MRP rating, the County's MRP rating will be adjusted. To obtain the adjusted rating, the Department will add to its calculated MRP rating a margin of error of 2 points. The County's rating will then be adjusted to this number. The MRP rating for the period shall be the adjusted number. PERNIITS The County will be responsible for permitting activities within or associated with the Right of Way. The County will meet all the requirements in Florida Administrative Code Rules, in particular, the following. F.A.C. Rule 14-20 Private Use of Right of Way F.A.C. Rule 14 -28 Public Use of Rest Areas, Wayside Parks and Solicitation on State Highway Facilities F.A.C. Rule 1440 Highway Beautification and Landscape Management F.A.C. Rule 14-43 Regulation of Signs, Canopies Over Streets and Sidewalks F.A.C. Rule 14-46 Railroads/Utilities Installation or Adjustments F.A.C. Rule 14.63 Building Moving Permits F.A.C. Rule 14-65 Temporary Closing and Special Use of State Roads F.A.C. Rule 14-86 Drainage Connections F.A.C. Rule 14-96 State Highway System Connection Permits, Administrative Process F.A.C. Rule 14 -97 State Highway System Access Management Classification System and Standards i 3 Packet Page -298- 5/8/2012 Item 16.A.4. The County will handle coordination, processing, administration, and inspection of all permits on the roadways covered by this agreement. The County will enter all permit related data into the Permits Information Tracking System. The County will collect all permit fees and turn them over to the Department's representative. All approvals and signatures required by the Florida Administrative Code Rules will remain with the Department. All permits will be processed expeditiously, meeting the requirements of Florida Statutes and Florida Administrative Code. "General Use "Permits will be processed in accordance with District requirements. The County will process all permits to completion. which is either approval or denial; within 60 days of receipt of a complete permit application. The County will not be penalized if a delay in processing a permit is caused by the Department. The permitting of Outdoor Advertising Billboards is the responsibility of others. The County will submit a "Permit Processing Plan ". Included in the plan shall be details on the permitting process, adherence to permitting requirements and processes to ensure customer satisfaction. STRUCTURE INSPECTION AND 7NLAINTENANCE The County will not be required to inspect or maintain any bridge structures on the primary state highway system. The agreement does include the inspection and maintenance of the highway lighting systems on the bridges with the exception of navigational lighting. The County will not be required to inspect or maintain any bridge structures or over -lane structures. except sign panels. PERFORMANCE MEASURES 1. lWaintenance Rating Program The County will conduct MRP ratings every four months. Beginning with the first four -month period. the Department will hold retainage equal to one percent (1%) of the cumulative amount of four months payments for each point below an overall maintenance rating of 80. The Department will hold additional retainage equal to one half of one percent (.5 %) of the cumulative amount of four months payments for each point below 75 on any element rating. The Department will hold additional retainage equal to one quarter of one percent (.25 %) of the cumulative arnount of four months payments for each percentage point below 70 on any characteristic rating. The Department will hold the retainage until the County conducts the final four months ; maintenance Rating and the annual maintenance rating is calculated. The percentages given (1 % each point of NW rating below 80,.5% each point of elements below 75 and .25% each percentage point of characteristics below 70, on the annual rating) will be applied to the entire annual agreement amount. If 8 Packet Page -299- 5/8/2012 Item 16.A.4. the calculated amount is less than the retainage. the balance of the retainage will be paid to the County. If the total reduction assessed exceeds the retainage amount, the balance will be deducted from the County's payment. Adjusted MRP ratings will be calculated as defined in section titled Maintenance Rating Program above. 2. Permits Each month the Department will check permits entered into the Permits Information Tracking System. There will be 0.033% (.00033) of the quarterly lump sum deducted per day, per permit, for each day over 60 days used to process any permit to resolution. This reduction is not cumulative but will be calculated only for the number of days exceeding the 60 days processing time within the quarter being paid. The 60 days will begin when the County receives a complete permit application. Resolution of the permit is considered complete when the permit is officially submitted to the Department with documentation and recommendation sufficient for approval or denial. The total of the permit reduction will be deducted from the County's quarterly lump sum payment. 3. Highway Lighting The Department may perform highway lighting outage surveys. If the highway lighting (overhead. underdeck and sign;) outage exceeds 10 %, there will be a 55.000.00 reduction per month deducted from the Count-,'s quarterly lump sum payment. This paragraph does not include any highway areas that have existing highway lighting agreements with other entities within the project limits of this agreement. 4. Attenuator Inspection If the County does not perform attenuator inspections by the last day of the month they are due. there will be a reduction of $1,000.00 per day, per delinquent inspection, assessed and deducted from the quarterly lump stun payment. The completed Attenuator Inspection Reports and the Attenuator Inventory Update Forth ( #850- 055-04) are due by the fifteenth (15") day of the month following the inspections. Therc will be a S 1,000.00 per day, per delinquent Attenuator Inspection Report or Attenuator Inventory Update Form, reduction assessed for reports or forms not received within the specified time period. The total amount will be deducted from the quarterly lump sum payment. 5. Guardrail and Sign Inspection 9 Packet Page -300- 5/8/2012 Item 16.A.4. If the County does not perform guardrail and sign inspections within 24 months, to the day, of the prior inspection, there will be a reduction of 51,000.00 per day assessed and deducted from the quarterly lump sum payment. The completed guardrail and sign inspection reports are due within fifteen (15) days after completion of the inspection. There will be a reduction of S 1,000.00 per day assessed for reports not received within the specified time period. The total amount will be deducted from the quarterly lump sum payment. 6. Customer Service Resolution If the County does not attempt to contact the customer within one working day, $500.00 per day may be Assessed and deducted from the County's quarterly lump sum payment, for each day greater than one working day that it took the County to contact the customer unless the County can document that the customer was unavailable or could not be contacted. If the customer complaint is not jointly resolved to the Department's and County's satisfaction within two weeks. or longer upon reasonable request from the County. S 1.000.00 per day, per customer complaint vuill be assessed and deducted from the County's quarterly lump sum payment for each day over two weeks that it took for the County to resolve the customer complaint. The contact person at the Department shall be , the [title of designated person]. The address and , telephone number of the contact person for such complaints is [ 1. 7. Incident Response If the County does not arrive on -site, prepared to take necessary action within 120 minutes from initial notification of a incident, 51,000.00 per hour, per incident, will be deducted from the County's quarterly lump stun payment for each hour past the allowed response time it took the County to be on site. JUN�.S� ' 10 Packet Page -301- 5/8/2012 Item 16.A.4. ATTACHMENTS 1. Routine Maintenance Activities H. List of District Asset Management Coordinators M. Contents of CD Available Through The District Contracts Administration Office IV. List of FDOT Contracts That Will Cantinue Into The Asset Management Contract V. Addendum Number 1 - V1. Equipment List JLIN, a� t 11 ! Packet Page -302- 5/8/2012 Item 16.A.4. ATTACHMENT I ROUTINE MAINTENANCE ACTIVITIES 135 Environmental Work 197 Engineering Duties 411 Asphalt Repair (Manual) 412 Asphalt Repair (Mechanical) 414 Base Repair 421 Pressure Grouting 423 Concrete Pavement Joint Repair 424 Concrete Slope Pavement Joint Repair 425 Concrete Pavement Surface Repair 431 Motor Grader Operation 432 Repairing iron -Paved Shoulders, Front Slopes and Roadside Ditches (Manual) 433 Sodding 435 Seeding, Fertilizing and Mulching 436 Reworking Non -Paved Shoulders. Front Slopes and Roadside Ditches (Mechanical) 437 Miscellaneous Slope and Ditch Repair 451 Clean Drainage Structures 456 Repair or Replace Storm Drains. Side Drains. Cross Drains 457 Concrete Repair 459 Concrete Sidewalk Repair 461 Roadside Ditches - Clean and Reshape 464 Outfall Ditches - Clean and Repair 465 Mitigation Area Maintenance 471 Large Machine Mowing 482 Slope mowing 484 Intermediate Machine Mowing 485 Small Machine Mowing 487 Weed Control (Manual) 489 Wildflowers 490 Fertilizing 492 Tree Trimming and Removal 493 Landscape Area Maintenance r— •�_ �"'° 12 Packet Page -303- 5/8/2012 Item 16.A.4. 494 Chemical Weed and Grass Control 497 Chemical Weed and Grass Control Selective Weeding 498 Storm Water Management 519 Delineators 520 Signs (Ground Signs 30 square Feet or Less) 521 Signs (Ground Signs Over 30 Square Feet and Ali Overlane Signs) 522 Sign Cleaning 526 Guardrail Repair 527 Fence Repair 530 Routine Attenuator Inspection and Service 531 Attenuator Repair 532 Pavement Striping (Large Machine) 534 Pavement Symbols 537 Raised Pavement Marker Replacement 540 Graffiti Removal 541 Roadside Litter Removal 542 Road Sweeping (Manual. including bridges) 543 Road Sweeping (Mechanical, including bridges) 545 Edging and Sweeping 780 Driveway- UtiliT<' Permit Processing and Inspection 7S7 Highway Lighting Maintenance 941 Supervision, Inspection and/or Engineering of Roadway Maintenance 942 Contract Maintenance Supervision, Engineering and Inspection 991 Emergency Maintenance 993 Betterment 994 Work Performed for other State Agencies 995 Maintenance Support Services 996 Miscellaneous Routine Maintenance 13 Packet Page -304- 5/8/2012 Item 16.A.4. ATTACHMENT Q LIST OF DISTRICT ASSET MANAGEMENT COORDINATORS DEPARTMENT CONTACTS ADDRESSES AND PHONE NUMBERS District/Area Project Coordinator. Richard A. Marino (863) 519 -2323 District Maintenance Contracts Coordinator Florida Department of Transportation 801 North Broadway Mail Station 1 -7 Bartow. Florida 33830 Other Contacts: J. R. "Chuck" Lovell. P.E. (863) 519 -2315 District Maintenance Engineer Florida Department of Transportation 801 North Broadway Mail Station 1 -7 Bartow. Florida 33830 Jennifer G. Perry (863) 519 -2316 District Maintenance Contracts Engineer Florida Department of Transportation 801 North Broadway Mail Station 1-7 Bartow. Florida 33830 14 _ i Packet Page -305- 5/8/2012 Item 16.A.4. ATTACHMENT III CONTENTS OF CD AVAILABLE THROUGH THE DISTRICT CONTRACTS ADMINISTRATION OFFICE AT: Florida Department of Transportation District 1 Contracts Administration Office P.O. Box 1249 Bartow, Florida 33831 -1249 Contract Reports MRP Reports Summary Spreadsheet for MRP 80 Workloads RCI Converted Inventory General Information of Bridges in House Crews Unit Cost Reports Department Procedures Standard Maintenance Special Provisions Attention: Ms. Cheryl Sanchious District Contracts Administrator Phone No.: (863) 519 -2598 This data is being provided to assist the County in gathering information about the project. This information is not complete. It is the County's responsibility to review and confirm this data for %21idity. The County must insure all quantities and workloads pertaining to this scope of work. The Department Procedures and Standard Maintenance Special Provisions contained on the CD are current at the time of execution of the agreement. It is the County's responsibility to monitor and implement any chan¢cs to these documents for the duration of the agreement. Packet PaEe -306- 5/8/2012 Item 16.A.4. ATTACEMMT IV 16 t Packet Page -307- FDOT CONTRACTS THAT WILL CONTINUE INTO THE ASSET MANAGEMENT AGREEMENT Distncti Area Contract Number Description Contract End Date Contractor 1 /COLLIER E -1B56 MOWING/I.X TER 08/09/2002 GREAT BAY LANDSCAPE 1 /COLLIER BC -817 MOA -MARCO ISLAND 09/30/2003 CITY OF MARCO ISLAND 1 /COLLIER E -IB09 STORMWATER POND 07/26/2002 sos TRACTOR SERVICES MOWING UCOLLIER TBA HERBICIDE EST 1112002 TBA 16 t Packet Page -307- ATTACHMENT V ADDENDUM NUMBER 1 ��_' • • fit' ►3 5/8/2012 Item 16.A.4. The Department has declared the equipment listed in Attachment VI to be surplus and the transfer of the vehicles from the State to the County will be handled by the Department of Management Services (referred to as DMS from this point forward) through a contract between DMS and the County. The Department has declared all furniture in the Florida Department of Transportation's Naples Maintenance Yard to be surplus and the transfer of ownership from the State to the County will be coordinated by the Property Management Section of the Financial Services Department. LOW - FREQUENCY RADIUS The Department will allow the radios to remain in the equipment and on the premises. The maintenance and replacement costs of the radios and associated equipment shall be the responsibility of the County. TELEPHONE EQUIPMENT_ The Department will leave all telephone equipment in place for connection by the County. FACILITIES The Department currently has a fifty (50) year term on the lease of the facilities at Naples Maintenance with the Department of Environmental Protection (referred to as DEP from this point forward). The Department plans to terminate its lease which will allow the County and DEP to develop their own contract should they elect to do so. STATE PERSONNEL Upon the effective date of this Agreement, the Department employees assigned to the Florida Department of Transportation's Naples Maintenance Yard will no longer be employed by the State of Florida and will become employees of the County if they so choose under the following conditions: a) Employees with "Permanent" status in their current Department position will be hired in a "Permanent" status by the County, after satisfactory completion of ninety (90) day probationary period. b) Employees with "Permanent" status will be classified according to their q �c 17 JUN��:= Packet Page -308- 5/8/2012 Item 16.A.4. (Knowledge/Skills/Abilities) and the County's organizational needs in equivalent positions within the County's job classifications. C) Employees on "Probationary" status in their current Department position will be hired in and placed on probation for six (6) months from the date they are hired by the County. d) All employees will begin earning sick and annual leave effective with the date they are employed by the County. They will be eligible to use this leave at this time consistent with County policy applicable to other County employees with leave balances. e) The County will establish Annual Leave and Sick Leave balances for each Department employee effective the date they are employed by the County for any hours they earned but were not paid for as verified by the Department. f) Skill levels and base rates of pay for employees with "permanent" status will be confirmed by the County no later than 90 days from the date they are employed by the County. g) Skill levels and base rates of pay for employees with "probationary" status will be determined by the County no later than the end of their six (6) month County probationary period. h) Base rates of pay, benefits and retirement options for the Department employees hired b, -- the County shall be comparable to, or exceed, base rates of pay, benefits and retirement options from the Department upon the effective date of this Agreement. 0 Department employees hired by the County shall not be terminated without just cause for a period of six (6) months. r7Z, /:;�, JUN is 262 Lot 18 ; Packet Page -309-