Common use of Stormwater Compliance Disincentive Assessment Clause in Contracts

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 the stormwater erosion control pre- construction conference as required under subsection 901.3f, the Contractor shall be liable for a disincentive assessment of Seven hundred fifty-dollars ($750.00) for each person not present. If the Contractor Environmental Inspector on the project fails to provide a copy of the inspection report to the Area/Metro Engineer and the WPCM within 24 hours of each stormwater inspection required under subsection 901.3e. and the KGP, the Contractor shall be liable for a disincentive assessment of Seven hundred fifty dollars ($750.00) per day for each day the inspection report has not been provided to the Area/Metro Engineer and the WPCM within 24 hours of the inspection. If the Contractor Environmental Inspector on the project fails to use the most current SWPPP Inspection and Maintenance Report Forms (KDOT Form No. 247) as required under subsection 901.3e., the Contractor shall be liable for a disincentive assessment of Seven hundred fifty dollars ($750.00) for each report submitted on a form other than Form No. 247. If the Contractor fails to notify the Engineer of spills as required under subsection 901.3b., the Contractor shall be liable for a disincentive assessment of:  Seven hundred fifty-dollars ($750.00) the first day the notification is late; and  Seven hundred fifty-dollars ($750.00) for each 14 day period that passes without the information being provided Should an event causing flooding or frozen ground conditions make it impossible to perform corrections within the allowed time, notify the Area/Metro Engineer and the Stormwater Compliance Engineer within 48 hours of the event. Within 3 days of the notification, submit in writing an explanation and description of the reasons for the delay; the anticipated duration of the delay; all actions taken or to be taken to prevent or minimize the delay; and a schedule for implementation of any measures to be taken to prevent or mitigate the delay. Include with the submittal any relevant documentation supporting the claim that the delay is due to impossible conditions and that best efforts were made to complete the required corrections and to minimize any delay to the extent possible. No additional time will be granted to submit the required information unless approved in writing by the Stormwater Compliance Engineer. The Engineer will deduct and withhold from contract funds the Stormwater Compliance Disincentive Assessment under subsection 901.3g. The assessments are to be computed in the same manner as damages under SECTION 108 (Liquidated Damages and Disincentive Assessments) except calendar days include Sundays, Holidays and the Winter Holiday Period. If contract funds are insufficient, the Contractor shall pay KDOT the balance owed. If the Contractor fails to pay KDOT the amount owed within 10 days after demand from KDOT, the Contractor shall be considered in breach of contract under SECTION 108. The disincentive assessments under subsection 901.3g. are in addition to federal and state statutory penalties and fines that are allowed against the Contractor under the Clean Water Act and other environmental laws for violations of those laws. See also subsection 901.3h.

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 the stormwater erosion control pre- pre-construction conference as required under subsection 901.3f, the Contractor shall be liable for a disincentive assessment of Seven hundred fifty-dollars ($750.00) for each person not present. If the Contractor Environmental Inspector on the project fails to provide a copy of the inspection report to the Area/Metro Engineer and the WPCM within 24 hours of each stormwater inspection required under subsection 901.3e. and the KGP, the Contractor shall be liable for a disincentive assessment of Seven hundred fifty dollars ($750.00) per day for each day the inspection report has not been provided to the Area/Metro Engineer and the WPCM within 24 hours of the inspection. If the Contractor Environmental Inspector on the project fails to use the most current SWPPP Inspection and Maintenance Report Forms (KDOT Form No. 247) as required under subsection 901.3e., the Contractor shall be liable for a disincentive assessment of Seven hundred fifty dollars ($750.00) for each report submitted on a form other than Form No. 247. If the Contractor fails to notify the Engineer of spills as required under subsection 901.3b., the Contractor shall be liable for a disincentive assessment of:  Seven hundred fifty-dollars ($750.00) the first day the notification is late; and  Seven hundred fifty-dollars ($750.00) for each 14 14-day period that passes without the information being provided Should an event causing flooding or frozen ground conditions make it impossible to perform corrections within the allowed time, notify the Area/Metro Engineer and the Stormwater Compliance Engineer within 48 hours of the event. Within 3 days of the notification, submit in writing an explanation and description of the reasons for the delay; the anticipated duration of the delay; all actions taken or to be taken to prevent or minimize the delay; and a schedule for implementation of any measures to be taken to prevent or mitigate the delay. Include with the submittal any relevant documentation supporting the claim that the delay is due to impossible conditions and that best efforts were made to complete the required corrections and to minimize any delay to the extent possible. No additional time will be granted to submit the required information unless approved in writing by the Stormwater Compliance Engineer. The Engineer will deduct and withhold from contract funds the Stormwater Compliance Disincentive Assessment under subsection 901.3g. The assessments are to be computed in the same manner as damages under SECTION 108 (Liquidated Damages and Disincentive Assessments) except calendar days include Sundays, Holidays and the Winter Holiday Period. If contract funds are insufficient, the Contractor shall pay KDOT the balance owed. If the Contractor fails to pay KDOT the amount owed within 10 days after demand from KDOT, the Contractor shall be considered in breach of contract under SECTION 108. The disincentive assessments under subsection 901.3g. are in addition to federal and state statutory penalties and fines that are allowed against the Contractor under the Clean Water Act and other environmental laws for violations of those laws. See also subsection 901.3h.