Special_Conditions.pdf

This Special Conditions document, issued by Sarasota County, Florida on October 28, 2019, supplements the General Conditions for the Potable Water Looping - Jackson Road & US 41 construction project. The document outlines the contractor's responsibilities regarding wastewater discharge compliance under a Consent Order (OGC No. 19-0255) with the Florida Department of Environmental Protection and a Stipulated Order with Suncoast Waterkeepers related to the Bee Ridge Water Reclamation Facility. The contractor is required to immediately control, contain, and stop any unpermitted wastewater discharge, promptly repair any damage to County facilities, and immediately notify the County project manager upon discovery of any discharge incidents. The County is subject to financial penalties for unpermitted discharges under these orders, and the contractor shall reimburse the County for any penalties attributed to the contractor's actions.

Penalty assessments are tiered 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. The contractor bears full financial responsibility for reimbursing the County upon demand for penalties incurred due to the contractor's performance of work under the contract. This provision establishes a clear liability framework designed to ensure contractor accountability and compliance with environmental protection requirements throughout the project duration.