Attachment_C_-_Special_Conditions.pdf

This Special Conditions document, issued by Sarasota County on October 28, 2019, outlines contractor responsibilities for the Honore Avenue Reclaimed Water Main Extension Phase 2B project. The County has entered into a Consent Order (OGC No. 19-0255) with the Florida Department of Environmental Protection and a Stipulated Order with Suncoast Waterkeepers regarding the Bee Ridge Water Reclamation Facility, establishing financial penalties for any unpermitted wastewater discharges. Under these Orders, the County faces potential financial liability; consequently, the contractor is required to immediately control, contain, and stop any discharge of wastewater, promptly repair any damage to County facilities, and immediately notify the County project manager upon discovering any discharges. Should the County incur penalties under these Orders as a result of the contractor's actions, the contractor shall reimburse the County upon demand for amounts directly attributable to such actions.

The Special Conditions establish a tiered penalty structure based on discharge volume, ranging from $600 per day for discharges up to 5,000 gallons to $12,000 per day for discharges exceeding 100,000 gallons. Intermediate penalty tiers include $1,200 per day for 5,001 to 10,000 gallons, $3,000 per day for 10,001 to 25,000 gallons, and $6,000 per day for 25,001 to 100,000 gallons. These provisions establish clear contractual liability for the contractor regarding environmental compliance and wastewater management throughout project execution.