Agenda 03/24/2009 Item #16B10
Agenda Item No. 16B10
March 24. 2009
Page 1 of9
EXECUTIVE SUMMARY
Recommendation to approve the Consent Agreement between the South Florida Water
Management District and Collier County Transportation as resolution of a dewatering
permit issue with Astaldi Construction and the Northbrooke Bridge component of the
Immokalee Road Design Build Project #66045 and authorize the chair to sign the
agreement.
OBJECTIVE: To recommend that the Board of County Conmlissioners approve a Consent
Agreement between the South Florida Water Management District (SFWMD) and Collier
County Transportation as resolution of a dewatering permit issue with Astaldi Construction
and the Northbrooke Bridge component of the Immokalee Road Design Build Project
#66045, and authorize the chair to sign the agreement.
,-
CONSIDERATIONS: On March 14, 2006, the Board awarded Contract No. 05-3770 for
the construction of the Immokalee Road Design Build Project. Construction ensued and the
project proceeded within schedule until the summer of 2008 when heavy rainfall associated
with seasonal weathcr and Tropical Storm Fay caused the contractor to be delayed by these
unforseen conditions. At that time, Astaldi was constructing the Northbrooke Bridge over
the Immokalee Road/ Cocohatehee Canal and had built two dams in the canal to dry out the
bridge area so that the new Conspan bridge could be assembled on the bed of the canal.
During this time, rainfall exceeded ten inches in a short span and as a result the contractor
pumped excessive amounts of water over and around thc dams. Additionally, the rainstorms
caused the contractor to remove the dams twice during the summer in order to prevent
flooding in the neighborhood. By removing the dams and letting the canal water flow
through, excessive turbdity was released into the canal, violating water quality standards of
SFWMD. Additionally. the dewatering permit that the contractor, in good faith, had
obtained turned out to be insufficient for the work performed. As a result, the contractor
was cited for the improper work and was told to cease and desist the violations. The
contractor took the necessary steps to abate the violations, completed the bridge, removed the
dams and sediment hom the Cochtacheee Canal bottom, re-established the original grades of
the canal, and allowed the canal to return to normal flows by the late fall of 2008. After
several negotiating sessions with the County, SFWMD, and Astaldi during the filII and winter
of 2008-2009; SFWMD levied a fine in the amount of $62,150 in the form of a Consent
Agreement. Since the County was listed as the permittee for the project, and despite several
County requests to SFWMD to have Astaldi as the named party in the Consent Agreement,
SF\VMD's management and legal counsel required the County to be named and to be the
signatory of the Consent Agrecment. Despite this, Astaldi is contractually responsible for
paying the fine and has issued a check payable to SFWMD in the amountof $62,150 to
resolve the issue and finalize the Consent Agreement. Collier County Transportation will
execute the Consent Agreement after BCC approval, and together with Astaldi's check, will
send the package to SFWMD for final processing of the agreemcnt by SFWMD's governing
board. A copy of Astalid's check and the Consent Agreement is attached to this executive
summary for reference.
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Agenda Item No. 16810
March 24, 2009
Page 2 of 9
FISCAL IMPACT: There is no fiseal impact to the County for this item. Astaldi
Construction is responsible for paying the fine and has already provided a eheek for this item.
LEGAL CONSIDERA nONS: This item has been reviewed and approved by the County
Attorney's Office. is not quasi-judicial and requires no ex parte disclosure, requires only a
majority vote for approval, and is otherwise legally sufficient for Board action.-SRT
GROWTH MANAGEMENT IMPACT: This Capital Improvement Elcment (CIE #74) is
consistent with the Transportation Growth Managcment Plan.
RECOMMENDATION: That the Board of County Commissioners approve the Consent
Agreement with South Florida Watcr Management District and Collier County
Transportation. Project Number 66045, and authorize thc chair to sign the agreement.
Prepared by Joe Delate, Senior Project Manager, TECM
Attachments: I) Copy ofSFWMD Consent Agreement. 2) Copy ofAstaldi's check to pay
fine
Page 10f2
Agenda Item No. 16810
March 24, 2009
Page 3 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16810
Meeting Date:
Recommendation to approve the Consent Agreement between the South Florida Water
Management District and Collier County Transportation as resolution of a dewatering permit
issue with Astaldl Construction and the Northbrooke Bridge component of the lmmokalee
Road Design Build Pmject #66045 and authorize the chall" to sign the agreement
3/24/2009 900:00 AM
Prepared By
Joseph Delate
Senior Proje,d: Manager
Transportation Engineering and
Construction
Date
Transportation Se-rvices
3/11/20091:19:39 PM
A pproved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
3!11!2009 4:20 PM
Approved By
Transportation Services
Senior Project Manager
Transportation Engineering and
Construction
Date
Joseph Delate
3/12/20096:38 AM
A pproved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/12!2009 7:57 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/12/2009 4:S4 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
3/13/2009 3:26 PM
A pproved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
3/13/20094:31 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
3/16/20093:'18 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
3f16/2009 3:23 PM
Approved By
OMS Coordinator
OMS Coordinator
Dam
Page 2 of2
Agenda Item No. 16810
March 24, 2009
Page 4 of 9
County Manager's Office
Office of Management & Budget
3/17/20097:47 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3117/200910:43 AM
Approyed By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/17/200911:38 AM
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Agenda Item No. 16B 10
March 24. 2009
Page 6 of 9
SOUTII FWRIDA WATER MANAGEMENT DISTRICT
LOWER WEST COAST REGIONAL SERVICE CENTER 2301 McGregor Boulevard, Fort Myers, FL 33901
(239) 338.2929 . FL WATS 1-800-248-1201 .. Suncom 748-2929 .. Fax (239) 338~2936 .. www.sfwmd.gov/1wc/
Cost Code: 10516
February 25,2009
Jay Ahmad, P.E.
Collier County
Transportation Engineering and Construction
Management
2885 S. Horseshoe Drive
Naples, FL 34104
Dear Mr. Ahmad:
CONSENT AGREEMENT
Subject: Final Agency Action
Notice of Violation
Northbrooke Bridge
Collier County, Sec. 19 /Twp. 48/Rge. 26
Order No.
The purpose of this letter is to complete the resolution of the violation previously identified
by the South Florida Water Management District (District) in the Notice of Violation dated
November 03, 2008. a copy of which is attached. The activities addressed in the Notice of
Violation include Dewatering without a Permit. The settlement is as follows:
- Payment of Fifty Nine Thousand Six Hundred Fifty Dollars ($59,650.00) in civil
penalty.
- Payment of Two Thousand Five Hundred Dollars ($2.500.00) in staff investigative
costs and attorney fees.
The total amount is Sixty Two Thousand One Hundred Fifty Dollars ($62,150.00). This
payment is to be made by certified check or money order to the South Florida Water
Management District, 3301 Gun Club Road, West Palm Beach, Florida 33406-4680, to
the attention of Lisandra Jones, Environmental Resource Compliance Division. The total
payment is due within fourteen (14) days of execution of this agreement by the District's
Governing Board.
Your execution of this short form consent agreement constitutes your acknowledgement to
the terms of the order. This order will then be presented to the District's Governing Board
with a staff recommendation for approval. If executed by you and the District the terms
and conditions of this order may be enforced in a court of competent jurisdiction, pursuant
to Sections 120.69. 373.129, and 373.136 of the Florida Statutes.
~~
/''I'V1STRlCT T-iEADQUARTERS: 3301 Gun Club Road, P.O. Box 24680, West Palm Beach, FL 33416-4680 .. (561) 686-8800 .. FL W A 1'51-800432-2045
I
Agenda Item No. 16B10
March 24. 2009
Page 7 of 9
Northbrooke Bridge
Order No.
Cost Code 10516
February 25, 2009
Page 2
By signing this document, without admitting liability, you have provided the District
assurances of good faith compliance with this agreement in consideration for the District
not taking action to seek judicial imposition of damages or civil penalties for the violation
described above. If you do not sign and return this letter to the South Florida Water
Management District, at the address given above, within seven (7) days of receipt it will be
assumed that you are not interested in settling this matter according to the terms
described herein. Subsequently, this matter would then be referred to the District's Office
of Counsel with a recommendation that formal enforcement action be taken against you.
In the event it is necessary for either party to initiate legal action regarding this Consent
Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under State law and
in the Southern District of Florida, West Palm Beach Division, for any claims which are
justiciable in Federal Court.
If you have any questions please contact Melissa Roberts, Enforcement Coordinator, at
(239) 338-2929 ex!. 7795. Your attention and cooperation in this matter is appreciated.
Sincerely,
~~-:,~lr~--~~
Melissa Roberts, ~.E.
Enforcement Coordinator
Lower West Coast Service Center
South Florida Water Management District
Attachment( s)
CERTIFIED MAIL NO. 70062150000254704281
c: Jack Morgan. Astaldi Construction (via e-mail)
Jay Ahmad, Collier County (via e-mail)
Agenda Item No. 16B 10
March 24, 2009
Page 8 of 9
Northbrooke Bridge
Order No.
Cost Code 10516
February 25. 2009
Page 3
DONE AND SO ORDERED at West Palm Beach, Palm Beach County, Florida, this
day of 2009 .
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
BY:
Terrie Bates, Assistant Deputy Executive Director of Water Resources
ATTEST:
BY:
Secretary
RESPONDENT
/7) /"
BY: //ir - .f''''-~~
Mth rized Representative
j PH AHMAD,. i:2J (H1t: 1ECfYl
PRINTED NAME AND TITLE
~ESTO~
blA.nLg~(lth, ~1)n'lIN /t:&'r;;[ .
PRINTED NAME AND TITLE
Approved as to Form and
Legal Sufficiency:
County Attorney
Scott R. Teach
gl
.3
Agenda Item No. 16B 10
March 24, 2009
Page 9 of 9
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
Donna Fiala, Chairman
Date: March 24. 2009
4