Hazardous Materials Investigation. Either Party, at its election and expense, or both Parties by joint election and at equally shared expense, shall have the right to conduct and complete (a) a Phase 1 Hazardous Materials Investigation of each parcel of the Project Right of Way, and (b) an original Phase 1 Hazardous Materials Investigation of each parcel of Additional Properties to be added to the Project Right of Way due to TxDOT Changes, in each case not later than 90 days after the date TxDOT makes available to Developer such parcel. If, as a result of any such Phase 1 Hazardous Materials Investigation, facts are revealed that would reasonably necessitate a Phase 2 Hazardous Materials Investigation of any such parcel, either Party, at its election and expense, or both Parties by joint election and at equally shared expense, shall have the right to conduct a Phase 2 Hazardous Materials Investigation, not later than 180 days after the date TxDOT makes available to Developer such parcel. (For this purpose “makes available” has the meaning set forth in the definition of Pre-existing Hazardous Materials.) Any such Phase 1 Hazardous Materials Investigation of any parcel of the Project Right of Way shall supplement the limited Phase 1 Hazardous Materials Investigation conducted for TxDOT prior to the Effective Date as identified in the definition of Pre-existing Hazardous Materials. The Party causing any such Phase 1 Hazardous Materials Investigation or Phase 2 Hazardous Materials Investigation to be prepared shall deliver to the other Party for review and comment a draft report of the Phase 1 Hazardous Materials Investigation or Phase 2 Hazardous Materials Investigation, as applicable. After receiving the other Party’s comments, if any, the preparing Party shall complete and deliver to the other Party a final report of the Phase 1 Hazardous Materials Investigation or Phase 2 Hazardous Materials Investigation within five days after the final report is issued and within the foregoing applicable time period.
Hazardous Materials Investigation. Conduct Phase 1 and Phase 2 Level Environmental Contamination investigations of properties identified, and prepare comprehensive reports of said investigations.
Hazardous Materials Investigation. The Environmental Reports listed in the Project Documents include studies showing the results of hazardous materials investigation relating to the Project and are available for review as provided in Exhibit A. Three documents are provided, including
1) Phase II Subsurface Environmental and Preliminary Geotechnical Investigation for Parcel #4 on SH 161 north of the West Fork Trinity River; 2) Soil, Groundwater and Trash Management Plan for Parcel #4 on SH 161 north of the West Fork Trinity River; and 3) Plans Specifications and Estimates (PS&E) for CSJ 0000-00-000 (the specifications include provisions for containing ground water and treating / removing groundwater and control of spoils from drilled shafts intersecting ground water). TxDOT is currently assessing what, if any, additional hazardous materials investigation information will be collected and short listed Proposers may, during the industry review process, be asked to provide input on this topic.
Hazardous Materials Investigation. The final EAs include the current levels of Project hazardous materials investigation provided. The results of this effort are available as a Project Document and are included on Exhibit A. TxDOT is currently assessing what, if any, additional hazardous materials investigation information will be provided and shortlisted Proposers will, during the industry review process, be asked to provide input on this topic.
