Loading...
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. - 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 OOlOl ~O_ ~OO '""'~NlC) ~'{1) ~ NO> Z.c ro ,,0.. " ~ -ro ~2 ro ;:2 (j) 0> <r: '" z o >= <( c:: o c.. c:: o () z o >= () ::::l c:: ... rJl Z o () Ci --' <( ... rJl <( '" C " '-' 0 0 . " iii '" 0 j] -' '0 LL ::> 0 f- 0 >. (/) (/) "" i5 " ii: '" . .;) f- " 0 iil " 20 LL o 0 -0 CJ", (/) e. _?l c 2'" --' o 5.~ " '" > '" (j o~.... I W ... W -' ;:; c U .",$ '" :;;: 0 .5;2 ~~~~ " ::> en f- 0 0 '" ~ r~;r~ s CD '" " -' " .... ~ g.~i c "''''LL D ~ RDS~~ "' 00 '" E " iY~CJ) 0 N 8 o~ 0 oWO:: z '" -" -'O::W gfri 'i3 r LLC)>- G 0 . m i! I '-' 2 0 'ti r2r 0 >, ::>~n:: <( x O~O m (j) <f.l N LL 1i '" "ll~ 0 w 0: OJ - xN 1: LU "- u ~ r D 0 "M >- 0 0: BO ~ 1- 0 o o cO '" N to ci z "", O~ W C0 I o o f-O ZO =>~ ON :EtO <::;,. o o cO ci z -' O~ "'''' >-'" Z o o o o cO '" ~ '" to o 0: ~OIO ~~~ lll~M .~ ~~~ ~~~ <eWe: lll"~ >-~~ I-z<t z:Ja:: ,,-0 "'O:;:u >i" o " en WO >-;;:; <::~ oM o >- en i5 >- :;; C9 :E '" w :;;: S <( o ii' o -' "- I >- ::> o en . z u:: r z w 2 w --' ~ f- w <f.l C9 z ii' w . >- ~ w o ~~.~Sj '\, 0;, 0- J U1 o o o o m o ... .. ctI LJ1 .-u LJ1 ... o C'- .0 o '-' .-u 0- m LJ1 o o 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