Common use of Dewatering Clause in Contracts

Dewatering. The CONTRACTOR shall be responsible for compliance with the FDEP Notice of Intent to Use the Generic Permit for Discharge of Groundwater from Dewatering Operations (FDEP Document 62-621.300(2)(b), which can be found at xxxxx://xxxxxxxxxx.xxx/forms). If it is determined that the disposal or discharge of the dewatering effluent is not authorized by this generic permit, the CONTRACTOR shall diligently pursue further required permit(s) from FDEP or other agencies. Prior to submitting their bid, each prospective CONTRACTOR has the opportunity to perform a search to determine the extent, if any, of contaminated sites within 500 feet of the PROJECT boundaries. It is the intent of this paragraph to provide each prospective CONTRACTOR with an opportunity to investigate the water quality in the vicinity of the PROJECT in order to base his/her bid on means and methods of dewatering. If, prior to or during the dewatering, it is determined that the disposal or discharge of the dewatering effluent is not authorized by the FDEP’s Generic Permit for Stormwater Discharge from Large and Small Construction Activities, the CONTRACTOR shall diligently pursue further required permit(s) from FDEP or other agencies without resort to delay claims or recompense from the COUNTY for either permit application activities or the time required to obtain such permits. The CONTRACTOR shall be responsible for all costs for water quality monitoring, treatment, storage, and disposal of the groundwater in a manner acceptable to the COUNTY and to all applicable regulatory agencies to reduce the concentration of parameters with exceedances to acceptable levels. The CONTRACTOR will be responsible for obtaining any additional permits required by regulatory agencies to implement the CONTRACTOR’s chosen method of disposal and discharge of the groundwater. No additional compensation will be made to CONTRACTOR for permitting. The CONTRACTOR shall comply with Water Quality Requirements of the Special Provisions, related to the National Pollutant Discharge Elimination System (NPDES). Because the CONTRACTOR’S means and methods of dewatering could lead to potential liability to third parties for damages resulting from the means and methods of dewatering, at the COUNTY’S discretion the means and methods for the dewatering plans are subject to a prior cursory review by the COUNTY, where issues and concerns may be submitted for the CONTRACTOR’S consideration. The CONTRACTOR shall be deemed fully responsible for the means and method of the dewatering. Should the CONTRACTOR decide to modify or revise the means and method for the dewatering plan, another cursory review will have to be conducted by the COUNTY. Please note that containment on site of dewatering effluent is not considered treatment and disposal for purposes of payment under the pay item number 104-14. CONTRACTOR shall be responsible to include in his/her bid all cost for treatment and disposal of dewatering effluent. Should it become necessary for the CONTRACTOR to treat and dispose dewatering effluent off site, Orange County will only compensate the CONTRACTOR for those activities at the unit price bid. No additional compensation will be paid to the CONTRACTOR for treatment and disposal of dewatering effluent, regardless of the actual cost incurred by the CONTRACTOR.

Dewatering. The CONTRACTOR shall be responsible for compliance with the FDEP Notice of Intent to Use the Generic Permit for the Discharge of Groundwater Produced Ground Water from Dewatering Operations (FDEP Document 62-621.300(2)(b)Any Non- Contaminated Site Activity, which can be found at xxxxx://xxxxxxxxxx.xxx/forms)including its testing and monitoring requirements. The following is a link to the above permit: xxxx://xxx.xxx.xxxxx.xx.xx/legal/Rules/shared/62-621(2).doc. If it is determined that the disposal or discharge of the dewatering effluent is not authorized by this generic permit, the CONTRACTOR shall diligently pursue further required permit(s) from FDEP or other agencies. Prior to submitting their bid, each prospective CONTRACTOR has the opportunity to perform a search his/her own water sampling to determine the extent, if any, of contaminated sites groundwater exceedances beyond the allowable levels listed in FDEP’s Generic Permit for the Discharge of Produced Ground Water from Any Non-Contaminated Site Activity within 500 feet of the PROJECT boundaries. All sampling shall be performed under COUNTY supervision, and in conformance with applicable Best Management Practices (BMP) and any and all applicable STATE and COUNTY permits. It is the intent of this paragraph to provide each prospective CONTRACTOR with an opportunity to investigate the water quality in the vicinity of the PROJECT in order to base his/her bid on means and methods of dewatering. If, prior to or during the dewatering, it is determined that the disposal or discharge of the dewatering effluent is not authorized by the FDEP’s Generic Permit for Stormwater the Discharge of Produced Ground Water from Large and Small Construction ActivitiesAny Non-Contaminated Site Activity, the CONTRACTOR shall diligently pursue further required permit(s) from FDEP or other agencies without resort to delay claims or recompense from the COUNTY for either permit application activities or the time required to obtain such permits. The CONTRACTOR shall be responsible for all costs for water quality monitoring, treatment, storage, and disposal of the groundwater in a manner acceptable to the COUNTY and to all applicable regulatory agencies to reduce the concentration of parameters with exceedances to acceptable levels. The CONTRACTOR will be responsible for obtaining any additional permits required by regulatory agencies to implement the CONTRACTOR’s chosen method of disposal and discharge of the groundwater. No additional compensation will be made to CONTRACTOR for permitting. The CONTRACTOR shall comply with Water Quality Requirements of the Special Provisions. The CONTRACTOR is responsible for meeting all general conditions of all FDEP permits and for submitting any required reports to the appropriate agencies. Treatment, disposal and monitoring for water quality compliance shall be paid under Pay Item 900-3. No other separate payment shall be made to the CONTRACTOR to cover any costs related to the National Pollutant Discharge Elimination System (NPDES)dewatering. Because the CONTRACTOR’S means and methods of dewatering could lead to potential liability to third parties for damages resulting from the means and methods of dewatering, at the COUNTY’S discretion the means and methods for the dewatering plans are subject to a prior cursory review by the COUNTY, COUNTY where issues and concerns may be submitted for the CONTRACTOR’S consideration. The CONTRACTOR shall be deemed fully responsible for the means and method of the dewatering. Should the CONTRACTOR decide to modify or revise the means and method for the dewatering plan, another cursory review will have to be conducted by the COUNTY. Please note that containment on site of dewatering effluent is not considered treatment and disposal for purposes of payment under the above described pay item number 104-14item. CONTRACTOR shall be is responsible to include in his/her his bid all cost for treatment and disposal of dewatering effluent. Should it become necessary for the CONTRACTOR to treat and dispose off site of dewatering effluent off site, Orange County will only compensate the CONTRACTOR for those activities at the unit price bid. No additional compensation will be paid to the CONTRACTOR for treatment and disposal of dewatering effluent, regardless of the actual cost incurred by the CONTRACTOR.

Dewatering. The CONTRACTOR shall be responsible for compliance with the FDEP Notice of Intent to Use the Generic Permit for Discharge of Groundwater from Dewatering Operations (FDEP Document 62-621.300(2)(b), which can be found at xxxxx://xxxxxxxxxx.xxx/forms). If it is determined that the disposal or discharge of the dewatering effluent is not authorized by this generic permit, the CONTRACTOR shall diligently pursue further required permit(s) from FDEP or other agencies. Prior to submitting their bid, each prospective CONTRACTOR has the opportunity to perform a search to determine the extent, if any, of contaminated sites within 500 feet of the PROJECT boundaries. In addition, each prospective CONTRACTOR should refer to the Groundwater Modeling Evaluation Report by Geosyntec, November 2019 for a summary of groundwater contaminant movement and a map of contaminated sites in the project vicinity. Note, no contaminated sites were found by Geosyntec within 500 feet of the PROJECT boundaries. It is the intent of this paragraph to provide each prospective CONTRACTOR with an opportunity to investigate the water quality in the vicinity of the PROJECT in order to base his/her bid on means and methods of dewatering. If, prior to or during the dewatering, it is determined that the disposal or discharge of the dewatering effluent is not authorized by the FDEP’s Generic Permit for Stormwater Discharge from Large and Small Construction Activities, the CONTRACTOR shall diligently pursue further required permit(s) from FDEP or other agencies without resort to delay claims or recompense from the COUNTY for either permit application activities or the time required to obtain such permits. The CONTRACTOR shall be responsible for all costs for water quality monitoring, treatment, storage, and disposal of the groundwater in a manner acceptable to the COUNTY and to all applicable regulatory agencies to reduce the concentration of parameters with exceedances to acceptable levels. The CONTRACTOR will be responsible for obtaining any additional permits required by regulatory agencies to implement the CONTRACTOR’s chosen method of disposal and discharge of the groundwater. No additional compensation will be made to CONTRACTOR for permitting. The CONTRACTOR shall comply with Water Quality Requirements of the Special Provisions, related to the National Pollutant Discharge Elimination System (NPDES). Because the CONTRACTOR’S means and methods of dewatering could lead to potential liability to third parties for damages resulting from the means and methods of dewatering, at the COUNTY’S discretion the means and methods for the dewatering plans are subject to a prior cursory review by the COUNTY, where issues and concerns may be submitted for the CONTRACTOR’S consideration. The CONTRACTOR shall be deemed fully responsible for the means and method of the dewatering. Should the CONTRACTOR decide to modify or revise the means and method for the dewatering plan, another cursory review will have to be conducted by the COUNTY. Please note that containment on site of dewatering effluent is not considered treatment and disposal for purposes of payment under the pay item number 104-14. CONTRACTOR shall be responsible to include in his/her bid all cost for treatment and disposal of dewatering effluent. Should it become necessary for the CONTRACTOR to treat and dispose dewatering effluent off site, Orange County will only compensate the CONTRACTOR for those activities at the unit price bid. No additional compensation will be paid to the CONTRACTOR for treatment and disposal of dewatering effluent, regardless of the actual cost incurred by the CONTRACTOR.