Stormwater Compliance Disincentive Assessment Sample Clauses

Stormwater Compliance Disincentive Assessment. If the Contractor fails to follow any requirement in this Special Provision, Part 7 of the Kansas General Permit (KGP) titled “Stormwater Pollution Prevention Plan Requirements and Guidelines,” Part 10 of the KGP titled “General Requirements of this Permit,” or Part 11 of the KGP titled “Standard Conditions,” the Contractor shall be liable for a disincentive assessment(s). The disincentive assessment(s) charged and owing shall be:  One thousand five hundred dollars ($1,500.00) per violation per day for each calendar day, or part thereof, that the Contractor fails to follow each requirement for days 1-10.  Two thousand five hundred dollars ($2,500.00) per violation per day for each calendar day, or part thereof, that the Contractor fails to follow each requirement for days 11-20.  Three thousand five hundred dollars ($3,500.00) per violation per day for each calendar day, or part thereof, that the Contractor fails to follow each requirement for days 21 and continuing. The per day disincentive assessment applies to each requirement in this Special Provision, Part 7, Part 10, and Part 11 of the KGP for which the Contractor fails to comply. Thus, multiple disincentive assessments may be imposed on the same day. The failure to follow a requirement in this Special Provision and the KGP includes, without limitation, the failure to install, operate, or maintain BMP’s in accordance with the SWPPP as well as the improper installation, operation, or maintenance of such BMP’s. Failure to follow a requirement in this Special Provision and the KGP could result in the Engineer determining this as Unacceptable Work according to SECTION 105, and cause the Engineer to remedy this unacceptable work according to SECTION 105. If the Contractor fails to have a properly trained and certified WPCM assigned to the Project as required under subsection 901.3d., the Contractor shall be liable for a disincentive assessment of Seven hundred fifty-dollars ($750.00) for each day of construction on which no WPCM is designated or for each day of construction the designated WPCM does not meet the requirements under subsection 901.3d. If the Contractor fails to have a properly trained and certified Environmental Inspector perform the joint inspection under subsection 901.3e the Contractor shall be liable for a disincentive of seven hundred fifty dollars ($750) for each inspection improperly performed. If the Contractor fails to have a WPCM, a Contractor Environmental Inspector, or both at...
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