Common use of Environmental Contamination Clause in Contracts

Environmental Contamination. F.5.1 CM/GC will be held responsible for and shall indemnify, defend (with counsel of City’s choice) and hold harmless City from and against any costs, expenses, damages, claims, and causes of action, (including attorney fees), or any of them, resulting from all spills, releases, discharges, leaks and disposal of environmental pollution, including storage, transportation, and handling during the performance of the Contract which occur as a result of, or are contributed by, the negligence or actions of CM/GC or its personnel, agents, or Subcontractors or any failure to perform in accordance with the Contract Documents (except to the extent otherwise void under ORS 30.140). Nothing in this section F.5.1 shall limit CM/GC's responsibility for obtaining insurance coverages required under Section G.3 of these General Conditions, and CM/GC shall take no action that would void or impair such coverages (1) CM/GC agrees to promptly contain, minimize, and dispose of such spills, releases, discharge, or leaks to the satisfaction of City and proper regulatory agencies in a manner that complies with applicable federal, state, and local laws and regulations. Cleanup shall be at no cost to the City and be performed by properly qualified personnel. (2) CM/GC shall obtain the City's written consent prior to bringing onto the Work site any (i) environmental pollutants or (ii) hazardous substances or materials, as defined in Section F.6.1. Notwithstanding such written consent from the City, the CM/GC, at all times, shall: (A) properly handle, label, use and dispose of all environmental pollutants and hazardous substances or materials brought onto the Work site, in accordance with all applicable federal, state, or local statutes, rules, or ordinances; (B) be responsible for any and all spills, releases, discharges, or leaks of (or from) environmental pollutants or hazardous substances or materials which CM/GC has brought onto the Work site; and (C) promptly clean up, without cost to the City, such spills, releases, discharges, or leaks to the City's satisfaction and in compliance with all applicable federal, state, or local statutes, rules or ordinances. (3) With respect to Hazardous Materials to be used during the course of the Work, the CM/GC will implement and enforce a program to inventory and properly store and secure all Hazardous Materials that may be used or present on the Project site, maintain available for inspection at the Project site all material safety data sheets, and comply with all regulations required by law for the storage, use, and disposal of Hazardous Materials. The program must provide for notification of all personnel of potential chemical hazards. Review of these hazards must be included in the CM/GC’s safety training program. F.5.2 CM/GC shall report all reportable quantity releases to applicable federal, state, and local regulatory and emergency response agencies. Reportable quantities are found in 40 CFR Part 302, Table 302.4 for hazardous substances and in OAR Chapter 340 Division 108 for all products addressed therein. Upon discovery, regardless of quantity, CM/GC must telephonically report all releases to the City. A written follow-up report shall be submitted to City within twenty four (24) hours of the telephonic report. Such written report shall contain, as a minimum: (1) Description of items released (identity, quantity, manifest no., and all other documentation required by law.) (2) Whether amount of items released is EPA/DEQ reportable, and, if so, when it was reported. (3) Exact time and location of release, including a description of the area involved. (4) Containment procedures initiated. (5) Summary of communications about the release CM/GC has had with members of the press or State officials other than City. (6) Description of cleanup procedures employed or to be employed at the site, including disposal location of spill residue. (7) Personnel injuries, if any, resulting from, or aggravated by, the release.

Environmental Contamination. F.5.1 CM/GC Contractor will be held responsible for and shall indemnify, defend (with counsel of CityOwner’s choice) and hold harmless City Owner from and against any costs, expenses, damages, claims, and causes of action, (including attorney fees), or any of them, resulting from all spills, releases, discharges, leaks and disposal of environmental pollution, including storage, transportation, and handling during the performance of the Contract which occur as a result of, or are contributed by, the negligence or actions of CM/GC Contractor or its personnel, agents, or Subcontractors or any failure to perform in accordance with the Contract Documents (except to the extent otherwise void under ORS 30.140). Nothing in this section F.5.1 shall limit CM/GCContractor's responsibility for obtaining insurance coverages required under Section G.3 of these General Conditions, and CM/GC Contractor shall take no action that would void or impair such coverages (1) CM/GC F.5.1.1 Contractor agrees to promptly contain, minimize, and dispose of such spills, releases, discharge, discharge or leaks to the satisfaction of City Owner and proper regulatory agencies in a manner that complies with applicable federal, state, and local laws and regulations. Cleanup shall be at no cost to the City Owner and be performed by properly qualified personnel. (2) CM/GC F.5.1.2 Contractor shall obtain the CityOwner's written consent prior to bringing onto the Work site any (i) environmental pollutants or (ii) hazardous substances or materials, as defined the same or reasonably similar terms are used in Section F.6.1any applicable federal, state, or local statutes, rules or ordinances. Notwithstanding such written consent from the CityOwner, the CM/GCContractor, at all times, shall: (Aa) properly handle, label, use and dispose of all environmental pollutants and hazardous substances or materials brought onto the Work site, in accordance with all applicable federal, state, or local statutes, rules, or ordinances; (Bb) be responsible for any and all spills, releases, discharges, or leaks of (or from) environmental pollutants or hazardous substances or materials which CM/GC Contractor has brought onto the Work site; and (Cc) promptly clean up, without cost to the CityOwner, such spills, releases, discharges, or leaks to the CityOwner's satisfaction and in compliance with all applicable federal, state, or local statutes, rules or ordinances. (3) With respect to Hazardous Materials to be used during the course of the Work, the CM/GC will implement and enforce a program to inventory and properly store and secure all Hazardous Materials that may be used or present on the Project site, maintain available for inspection at the Project site all material safety data sheets, and comply with all regulations required by law for the storage, use, and disposal of Hazardous Materials. The program must provide for notification of all personnel of potential chemical hazards. Review of these hazards must be included in the CM/GC’s safety training program. F.5.2 CM/GC Contractor shall report all reportable quantity releases to applicable federal, state, and local regulatory and emergency response agencies. Reportable quantities are found in 40 CFR Part 302, Table 302.4 for hazardous substances and in OAR Chapter 340 Division 108 340-142-0050 for all products addressed therein. Upon discovery, regardless of quantity, CM/GC Contractor must telephonically report all releases to the CityOwner. A written follow-up report shall be submitted to City Owner within twenty four (24) 48 hours of the telephonic report. Such written report shall contain, as a minimum: (1a) Description of items released (identity, quantity, manifest no., and all other documentation required by law.) (2b) Whether amount of items released is EPA/DEQ reportable, and, if so, when it was reported. (3c) Exact time and location of release, including a description of the area involved. (4d) Containment procedures initiated. (5e) Summary of communications about the release CM/GC Contractor has had with members of the press or State officials other than CityOwner. (6f) Description of cleanup procedures employed or to be employed at the site, including disposal location of spill residue. (7g) Personnel injuries, if any, resulting from, or aggravated by, the release.

Environmental Contamination. F.5.1 CM/GC will Contractor shall be held responsible for and shall indemnify, defend (with counsel of CityOwner’s choice) and choice),and hold harmless City Owner from and against any costs, expenses, damages, claims, and causes of action, (including attorney fees), or any of them, resulting from all spills, releases, discharges, leaks and disposal of environmental pollution, including storage, transportation, and handling during the performance of the Contract Work or Contractor’s obligations under the Agreement which occur as a result of, or are contributed by, the negligence or actions of CM/GC Contractor or its personnel, agents, or Subcontractors or any failure to perform in accordance with the Contract Agreement Documents (except to the extent otherwise void under ORS 30.140). Nothing in this section Section F.5.1 shall limit CM/GCContractor's responsibility for obtaining insurance coverages required under Section G.3 of these General Conditionsthis Agreement, and CM/GC Contractor shall take no action that would void or impair such coverages. (1) CM/GC a. Contractor agrees to promptly contain, minimize, and dispose of such spills, releases, discharge, discharge or leaks to the satisfaction of City Owner and proper regulatory agencies having jurisdiction in a manner that complies with applicable federal, state, and local laws and regulationsApplicable Laws. Cleanup shall be at no cost to the City Owner and shall be performed by properly qualified and, if applicable, licensed personnel. (2) CM/GC b. Contractor shall obtain the CityOwner's written consent prior to bringing onto the Work site any (i) environmental pollutants or (ii) hazardous substances or materials, as defined the same or reasonably similar terms are used in Section F.6.1any Applicable Laws. Notwithstanding such written consent from the CityOwner, the CM/GCContractor, at all times, shall: (A) 1. properly handle, label, use and dispose of all environmental pollutants and hazardous substances or materials brought onto the Work site, in accordance with all applicable federal, state, or local statutes, rules, or ordinancesApplicable Laws; (B) 2. be responsible for any and all spills, releases, discharges, or leaks of (or from) environmental pollutants or hazardous substances or materials which CM/GC Contractor has brought onto the Work site; and (C) 3. promptly clean upup and remediate, without cost to the CityOwner, such spills, releases, discharges, or leaks to the CityOwner's satisfaction and in compliance with all applicable federal, state, or local statutes, rules or ordinances. (3) With respect to Hazardous Materials to be used during the course of the Work, the CM/GC will implement and enforce a program to inventory and properly store and secure all Hazardous Materials that may be used or present on the Project site, maintain available for inspection at the Project site all material safety data sheets, and comply with all regulations required by law for the storage, use, and disposal of Hazardous Materials. The program must provide for notification of all personnel of potential chemical hazards. Review of these hazards must be included in the CM/GC’s safety training programApplicable Laws. F.5.2 CM/GC Contractor shall report all reportable quantity releases, as such releases are defined in Applicable Laws, including but not limited to 40 CFR Part 302, Table 302.4 and in OAR 340-142-0050 , to applicable federal, state, and local regulatory and emergency response agencies. Reportable quantities are found in 40 CFR Part 302, Table 302.4 for hazardous substances and in OAR Chapter 340 Division 108 for all products addressed therein. Upon discovery, regardless of quantity, CM/GC Contractor must telephonically report all releases to the CityOwner. A written follow-up report shall be submitted to City Owner within twenty four (24) 48 hours of the telephonic report. Such written report shall contain, as a minimum: (1) a. Description of items released (identity, quantity, manifest no.numbers, and any and all other documentation required by law.) (2) b. Whether amount of items released is EPA/DEQ reportable, and, if so, when it was reported. (3) c. Exact time and location of release, including a description of the area involved. (4) d. Containment procedures initiated. (5) e. Summary of communications about the release CM/GC has had with between Contractor and members of the press or State State, local or federal officials other than CityOwner. (6) f. Description of cleanup procedures employed or to be employed at the site, including disposal location of spill residue. (7) Personnel g. Personal injuries, if any, resulting from, or aggravated by, the release.

Environmental Contamination. F.5.1 CM/GC Contractor will be held responsible for and shall indemnify, defend (with counsel of CityOwner’s choice) and hold harmless City Owner from and against any costs, expenses, damages, claims, and causes of action, (including attorney fees), or any of them, resulting from all spills, releases, discharges, leaks and disposal of environmental pollution, including storage, transportation, and handling during the performance of the Contract which occur as a result of, or are contributed by, the negligence or actions of CM/GC Contractor or its personnel, agents, or Subcontractors or any failure to perform in accordance with the Contract Documents (except to the extent otherwise void under ORS 30.140). Nothing in this section Section F.5.1 shall limit CM/GCContractor's responsibility for obtaining insurance coverages required under Section G.3 of these General Conditions, and CM/GC Contractor shall take no action that would void or impair such coverages (1) CM/GC F.5.1.1 Contractor agrees to promptly contain, minimize, and dispose of such spills, releases, discharge, discharge or leaks to the satisfaction of City Owner and proper regulatory agencies in a manner that complies with applicable federal, state, and local laws and regulations. Cleanup shall be at no cost to the City Owner and be performed by properly qualified personnel. (2) CM/GC F.5.1.2 Contractor shall obtain the CityOwner's written consent prior to bringing onto the Work site any (i) environmental pollutants the same or (ii) hazardous substances reasonably similar terms are used in any applicable federal, state, or materialslocal statutes, as defined in Section F.6.1rules or ordinances. Notwithstanding such written consent from the CityOwner, the CM/GCContractor, at all times, shall: (Aa) properly handle, label, use and dispose of all environmental pollutants and hazardous substances or materials brought onto the Work site, in accordance with all applicable federal, state, or local statutes, rules, or ordinances; (Bb) be responsible for any and all spills, releases, discharges, or leaks of (or from) environmental pollutants or hazardous substances or materials which CM/GC Contractor has brought onto the Work site; and (Cc) promptly clean up, without cost to the CityOwner, such spills, releases, discharges, or leaks to the CityOwner's satisfaction and in compliance with all applicable federal, state, or local statutes, rules or ordinances. (3) With respect to Hazardous Materials to be used during the course of the Work, the CM/GC will implement and enforce a program to inventory and properly store and secure all Hazardous Materials that may be used or present on the Project site, maintain available for inspection at the Project site all material safety data sheets, and comply with all regulations required by law for the storage, use, and disposal of Hazardous Materials. The program must provide for notification of all personnel of potential chemical hazards. Review of these hazards must be included in the CM/GC’s safety training program. F.5.2 CM/GC Contractor shall report all reportable quantity releases to applicable federal, state, and local regulatory and emergency response agencies. Reportable quantities are found in 40 CFR Part 302, Table 302.4 for hazardous substances and in OAR Chapter 340 Division 108 340-142-0050 for all products addressed therein. Upon discovery, regardless of quantity, CM/GC Contractor must telephonically report all releases to the CityOwner. A written follow-up report shall be submitted to City Owner within twenty four (24) 48 hours of the telephonic report. Such written report shall contain, as a minimum: (1a) Description of items released (identity, quantity, manifest no., and all other documentation required by law.) (2b) Whether amount of items released is EPA/DEQ reportable, and, if so, when it was reported. (3c) Exact time and location of release, including a description of the area involved. (4d) Containment procedures initiated. (5e) Summary of communications about the release CM/GC Contractor has had with members of the press or State officials other than CityOwner. (6f) Description of cleanup procedures employed or to be employed at the site, including disposal location of spill residue. (7g) Personnel injuries, if any, resulting from, or aggravated by, the release.

Environmental Contamination. F.5.1 CM/GC Contractor will be held responsible for and shall indemnify, defend (with counsel of CityOwner’s choice) and hold harmless City Owner from and against any costs, expenses, damages, claims, and causes of action, (including attorney fees), or any of them, resulting from all spills, releases, discharges, leaks and disposal of environmental pollution, including storage, transportation, and handling during the performance of the Contract which occur as a result of, or are contributed by, the negligence or actions of CM/GC Contractor or its personnel, agents, or Subcontractors or any failure to perform in accordance with the Contract Documents (except to the extent otherwise void under ORS 30.140). Nothing in this section Section F.5.1 shall limit CM/GCContractor's responsibility for obtaining insurance coverages required under Section G.3 of these General Conditions, and CM/GC Contractor shall take no action that would void or impair such coverages (1) CM/GC F.5.1.1 Contractor agrees to promptly contain, minimize, and dispose of such spills, releases, discharge, discharge or leaks to the satisfaction of City Owner and proper regulatory agencies in a manner that complies with applicable federal, state, and local laws and regulations. Cleanup shall be at no cost to the City Owner and be performed by properly qualified personnel. (2) CM/GC F.5.1.2 Contractor shall obtain the CityOwner's written consent prior to bringing onto the Work site any (i) environmental pollutants or (ii) hazardous substances or materials, as defined the same or reasonably similar terms are used in Section F.6.1any applicable federal, state, or local statutes, rules or ordinances. Notwithstanding such written consent from the CityOwner, the CM/GCContractor, at all times, shall: (Aa) properly handle, label, use and dispose of all environmental pollutants and hazardous substances or materials brought onto the Work site, in accordance with all applicable federal, state, or local statutes, rules, or ordinances; (Bb) be responsible for any and all spills, releases, discharges, or leaks of (or from) environmental pollutants or hazardous substances or materials which CM/GC Contractor has brought onto the Work site; and (Cc) promptly clean up, without cost to the CityOwner, such spills, releases, discharges, or leaks to the CityOwner's satisfaction and in compliance with all applicable federal, state, or local statutes, rules or ordinances. (3) With respect to Hazardous Materials to be used during the course of the Work, the CM/GC will implement and enforce a program to inventory and properly store and secure all Hazardous Materials that may be used or present on the Project site, maintain available for inspection at the Project site all material safety data sheets, and comply with all regulations required by law for the storage, use, and disposal of Hazardous Materials. The program must provide for notification of all personnel of potential chemical hazards. Review of these hazards must be included in the CM/GC’s safety training program. F.5.2 CM/GC Contractor shall report all reportable quantity releases to applicable federal, state, and local regulatory and emergency response agencies. Reportable quantities are found in 40 CFR Part 302, Table 302.4 for hazardous substances and in OAR Chapter 340 Division 108 340-142-0050 for all products addressed therein. Upon discovery, regardless of quantity, CM/GC Contractor must telephonically report all releases to the CityOwner. A written follow-up report shall be submitted to City Owner within twenty four (24) 48 hours of the telephonic report. Such written report shall contain, as a minimum: (1a) Description of items released (identity, quantity, manifest no., and all other documentation required by law.) (2b) Whether amount of items released is EPA/DEQ reportable, and, if so, when it was reported. (3c) Exact time and location of release, including a description of the area involved. (4d) Containment procedures initiated. (5e) Summary of communications about the release CM/GC Contractor has had with members of the press or State officials other than CityOwner. (6f) Description of cleanup procedures employed or to be employed at the site, including disposal location of spill residue. (7g) Personnel injuries, if any, resulting from, or aggravated by, the release.

Environmental Contamination. F.5.1 CM/GC Contractor will be held responsible for any and shall indemnify, defend (with counsel of City’s choice) and hold harmless City from and against any costs, expenses, damages, claims, and causes of action, (including attorney fees), or any of them, resulting from all spills, releases, discharges, discharge or leaks and disposal of environmental pollution, including storage, transportation, and handling pollution during the performance of the Contract which occur as a result of, or are contributed by, the negligence or actions of CM/GC or its agent, personnel, agents, or Subcontractors or any failure to perform in accordance with the Contract Documents (except to the extent otherwise void under ORS 30.140)subcontractors. Nothing in this section F.5.1 shall limit CM/GC's responsibility for obtaining insurance coverages required under Section G.3 of these General Conditions, and CM/GC shall take no action that would void or impair such coverages (1) CM/GC Contractor agrees to promptly contain, minimize, and dispose of such spills, releases, discharge, discharge or leaks to the satisfaction of City the Owner and proper regulatory agencies in a manner that complies with applicable federal, state, and local laws and regulations. Cleanup shall be at no cost to the City Owner and be performed by properly qualified personnel. (2) CM/GC F.5.1.1 Contractor shall obtain the CityOwner's written consent prior to bringing onto the Work site any (i) environmental pollutants or (ii) hazardous substances or materials, as defined the same or reasonably similar terms are used in Section F.6.1any applicable federal, state, or local statutes, rules or ordinances. Notwithstanding such written consent from the CityOwner, the CM/GCContractor, at all times, shall: (Aa) properly handle, label, use and dispose of or all environmental pollutants and hazardous substances or materials brought onto the Work site, in accordance with all applicable federal, state, or local statutes, rules, or ordinances; (Bb) be responsible for any and all spills, releases, discharges, or leaks of (or from) environmental pollutants or hazardous substances or materials which CM/GC Contractor has brought onto the Work site; and (Cc) promptly clean up, without cost to the CityOwner, such spills, releases, discharges, or leaks to the CityOwner's satisfaction and in compliance with all applicable federal, state, or local statutes, rules or ordinances. (3) With respect to Hazardous Materials to F.5.1.2 Contractor shall be used during the course of the Workliable for any and all costs, the CM/GC will implement and enforce a program to inventory and properly store and secure all Hazardous Materials that may be used or present on the Project siteexpenses, maintain available for inspection at the Project site all material safety data sheetsdamages, claims, and comply causes of action, or any of them, related to or arising out of a spill, release, discharge, or leak of (or from) any environmental pollutant or hazardous substance or material, to the extent such spill, release, discharge, or leak was caused or contributed to by Contractor's (i) negligence or (ii) failure to perform in accordance with all regulations required by law for the storage, use, and disposal Contract Documents. Nothing in this section F.5.1.2 shall limit Contractor's liability or responsibility under Section G.2. 1. I of Hazardous Materials. The program must provide for notification of all personnel of potential chemical hazards. Review of these hazards must be included in the CM/GC’s safety training programthis Contract. F.5.2 CM/GC Contractor shall report all reportable quantity releases to applicable federal, state, and local regulatory and emergency response agencies. Reportable quantities are found in 40 CFR Part 302, Table 302.4 for hazardous substances and in OAR Chapter 340 Division 108 for all products addressed therein. Upon discovery, regardless of quantity, CM/GC Contractor must telephonically report all releases to the CityOwner. A written follow-up report shall be submitted to City Owner within twenty four (24) 48 hours of the telephonic report. Such written report shall contain, as a minimum: (1a) Description of items released (identity, quantity, manifest no., and all other documentation required by law.) (2b) Whether amount of items released is EPA/DEQ reportable, and, if so, when it was reported. (3c) Exact time and location of release, including a description of the area involved. (4) Containment procedures initiated. (5) Summary of communications about the release CM/GC has had with members of the press or State officials other than City. (6) Description of cleanup procedures employed or to be employed at the site, including disposal location of spill residue. (7) Personnel injuries, if any, resulting from, or aggravated by, the release.

Environmental Contamination. F.5.1 CM/GC Contractor will be held responsible for and shall indemnify, defend (with counsel of CityOwner’s choice) and hold harmless City Owner from and against any costs, expenses, damages, claims, and causes of action, (including attorney fees), or any of them, resulting from all spills, releases, discharges, leaks and disposal of environmental pollution, including storage, transportation, and handling during the performance of the Contract which occur as a result of, or are contributed by, the negligence or actions of CM/GC Contractor or its personnel, agents, or Subcontractors or any failure to perform in accordance with the Contract Documents (except to the extent otherwise void under ORS 30.140). Nothing in this section F.5.1 shall limit CM/GCContractor's responsibility for obtaining insurance coverages required under Section G.3 of these General Conditions, and CM/GC Contractor shall take no action that would void or impair such coverages (1) CM/GC F.5.1.1 Contractor agrees to promptly contain, minimize, and dispose of such spills, releases, discharge, discharge or leaks to the satisfaction of City Owner and proper regulatory agencies in a manner that complies with applicable federal, state, and local laws and regulations. Cleanup shall be at no cost to the City Owner and be performed by properly qualified personnel. (2) CM/GC F.5.1.2 Contractor shall obtain the CityOwner's written consent prior to bringing onto the Work site any any (i) environmental pollutants or (ii) hazardous substances or materials, as defined the same or reasonably similar terms are used in Section F.6.1any applicable federal, state, or local statutes, rules or ordinances. Notwithstanding such written consent from the CityOwner, the CM/GCContractor, at all times, shall: (Aa) properly handle, label, use and dispose of all environmental pollutants and hazardous substances or materials brought onto the Work site, in accordance with all applicable federal, state, or local statutes, rules, or ordinances; (Bb) be responsible for any and all spills, releases, discharges, or leaks of (or from) environmental pollutants or hazardous substances or materials which CM/GC Contractor has brought onto the Work site; and (Cc) promptly clean up, without cost to the CityOwner, such spills, releases, discharges, or leaks to the CityOwner's satisfaction and in compliance with all applicable federal, state, or local statutes, rules or ordinances. (3) With respect to Hazardous Materials to be used during the course of the Work, the CM/GC will implement and enforce a program to inventory and properly store and secure all Hazardous Materials that may be used or present on the Project site, maintain available for inspection at the Project site all material safety data sheets, and comply with all regulations required by law for the storage, use, and disposal of Hazardous Materials. The program must provide for notification of all personnel of potential chemical hazards. Review of these hazards must be included in the CM/GC’s safety training program. F.5.2 CM/GC Contractor shall report all reportable quantity releases to applicable federal, state, and local regulatory and emergency response agencies. Reportable quantities are found in 40 CFR Part 302, Table 302.4 for hazardous substances and in OAR Chapter 340 Division 108 340-142-0050 for all products addressed therein. Upon discovery, regardless of quantity, CM/GC Contractor must telephonically report all releases to the CityOwner. A written follow-up report shall be submitted to City Owner within twenty four (24) 48 hours of the telephonic report. Such written report shall contain, as a minimum: (1a) Description of items released (identity, quantity, manifest no., and all other documentation required by law.) (2b) Whether amount of items released is EPA/DEQ reportable, and, if so, when it was reported. (3c) Exact time and location of release, including a description of the area involved. (4d) Containment procedures initiated. (5e) Summary of communications about the release CM/GC Contractor has had with members of the press or State officials other than CityOwner. (6f) Description of cleanup procedures employed or to be employed at the site, including disposal location of spill residue. (7g) Personnel injuries, if any, resulting from, or aggravated by, the release.