Procedures and Compensation for Hazardous Materials Management. 6.10.1.1 Subject to Section 6.10.1.3, Design-Build Contractor shall manage, treat, handle, store, remediate, remove, transport (where applicable), document and dispose of all Hazardous Materials and Recognized Environmental Conditions, including Contaminated Groundwater, and perform all other aspects of Hazardous Materials Management as appropriate, in accordance with applicable Governmental Rules, Governmental Approvals, , and all applicable provisions of the PPA Documents. If during the course of the Work, Design-Build Contractor encounters material quantities of Hazardous Materials or Recognized Environmental Conditions in connection with the Project, Site, or Work, Design-Build Contractor shall promptly (a) notify IFA in writing and advise IFA of any obligation to notify any Governmental Entities under applicable Governmental Rules and Governmental Approvals; and (b) develop a plan to undertake Hazardous Materials Management, which plan shall take reasonable steps, including design modifications and/or construction techniques, to avoid excavation, dewatering or other active, intrusive management in areas where Hazardous Materials or Recognized Environmental Conditions are encountered. For purposes of this Section 6.10, the term “material quantities” means quantities that trigger any reporting, investigation, remediation or other response action requirements under any Environmental Law. Where excavation, dewatering or other active, intrusive management is unavoidable, Design-Build Contractor shall utilize appropriately trained personnel and shall select the most cost-effective approach to Hazardous Materials Management, unless otherwise directed by IFA. All Hazardous Material Management shall be conducted in accordance with applicable Governmental Rules, Governmental Approvals, the approved plans required to be provided under Section 1.3 of the Technical Provisions and the approved Safety Plan.
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Procedures and Compensation for Hazardous Materials Management. 6.10.1.1 Subject to Section 6.10.1.3, Design-Build Contractor shall manage, treat, handle, store, remediate, remove, transport (where applicable), document and dispose of all Hazardous Materials and Recognized Environmental Conditions, including Contaminated Groundwater, and perform all other aspects of Hazardous Materials Management as appropriate, in accordance with applicable Governmental Rules, Governmental Approvals, , and all applicable provisions of the PPA Documents. 7.5.1.1 If during the course of the Development Work, Design-Build Contractor /Builder encounters material quantities of Hazardous Materials or Recognized Environmental Conditions in connection with the Project, Site, or WorkMaterials, Design-Build Contractor /Builder shall promptly (a) promptly notify IFA the Alamo RMA in writing and advise IFA the Alamo RMA of any obligation to notify any Governmental Entities State or federal agencies under applicable Governmental Rules and Governmental ApprovalsLaws; and (b) develop a plan to undertake Hazardous Materials Management, which plan shall take reasonable steps, including design modifications and/or construction techniques, to avoid excavation, excavation or dewatering or other active, intrusive management in areas where with Hazardous Materials. Where excavation or dewatering of Hazardous Materials or Recognized Environmental Conditions are encountered. For purposes of this Section 6.10, the term “material quantities” means quantities that trigger any reporting, investigation, remediation or other response action requirements under any Environmental Law. Where excavation, dewatering or other active, intrusive management is unavoidable, Design-Build Contractor /Builder shall utilize appropriately trained personnel and shall select the most cost-effective approach to Hazardous Materials Management, unless otherwise directed by IFAthe Alamo RMA. Design/Builder’s plan for Hazardous Materials Management shall be subject to the prior written approval of the Alamo RMA and shall be in accordance with Technical Provision 9. Wherever feasible and consistent with applicable Laws, contaminated soil and groundwater shall not be disposed off-site. All Hazardous Material Management Materials shall be conducted managed in accordance with applicable Governmental RulesLaws, Governmental Approvals, the Hazardous Materials Management Plan, the approved plans required investigative work plan described in Technical Provision 9, the approved site investigation report described in Technical Provision 9 and the Safety and Health Plan. Notwithstanding anything in this Agreement to the contrary, the Design/Builder’s obligations under the Contract Documents with respect to the management of Hazardous Materials are limited to (i) as provided in this Section 7.5 with respect to Hazardous Materials arranged to be provided under Section 1.3 brought on to the Final ROW or elsewhere by a member of the Technical Provisions Design/Builder Group, regardless of the cause of the Release of Hazardous Materials, (ii) as provided in this Section 7.5 with respect to the exacerbation of pre- existing Hazardous Materials attributable to the negligence or willful misconduct of the Design/Builder Group, or (iii) notifying the Alamo RMA in all other circumstances involving Hazardous Materials on the Final ROW, in which event the Alamo RMA will contract directly with a qualified third party to handle the clean-up and disposal of such Hazardous Substances at the approved Safety Planexpense of the Alamo RMA.
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Samples: Development Agreement
Procedures and Compensation for Hazardous Materials Management. 6.10.1.1 Subject to Section 6.10.1.3, Design-Build Contractor shall manage, treat, handle, store, remediate, remove, transport (where applicable), document and dispose of all Hazardous Materials and Recognized Environmental Conditions, including Contaminated Groundwater, and perform all other aspects of Hazardous Materials Management as appropriate, in accordance with applicable Governmental Rules, Governmental Approvals, , and all applicable provisions of the PPA Documents. If during the course of the Work, Design-Build Contractor encounters material quantities of Hazardous Materials or Recognized Environmental Conditions in connection with the Project, Site, or Work, Design-Build Contractor shall promptly (a) notify IFA in writing and advise IFA of any obligation to notify any Governmental Entities under applicable Governmental Rules and Governmental Approvals; and (b) develop a plan to undertake Hazardous Materials Management, which plan shall take reasonable steps, including design modifications and/or construction techniques, to avoid excavation, dewatering or other active, intrusive management in areas where Hazardous Materials or Recognized Environmental Conditions are encountered. For purposes of this Section 6.10, the term “material quantities” means quantities that trigger any reporting, investigation, remediation or other response action requirements under any Environmental Law. Where excavation, dewatering or other active, intrusive management is unavoidable, Design-Build Contractor shall utilize appropriately trained personnel and shall select the most cost-effective approach to Hazardous Materials Management, unless otherwise directed by IFA. All Hazardous Material Management shall be conducted in accordance with applicable Governmental Rules, Governmental Approvals, the approved plans required to be provided under Section 1.3 of the Technical Provisions and the approved Safety Plan.. Except where Design-Build Contractor is required to take immediate action under the PPA Documents or applicable Governmental Rules, Design- Build Contractor shall afford IFA the opportunity to inspect sites containing Hazardous Materials or Recognized Environmental Conditions and to consult with Design-Build Contractor about the recommended approach before any Hazardous Materials Management or other action is taken which would inhibit IFA's ability to ascertain the nature and extent of the contamination. Subject to the limitations and exceptions set forth in Section 5.3, this Section 6.10.1 and Section 13, Design-Build Contractor shall be entitled to a Change Order as set forth in Section 13 with respect to additional costs and/or delays directly attributable to the discovery of (a) Unknown Hazardous Materials within the Planned ROW Limits and (b) Hazardous Materials other than Design-Build Contractor Releases of Hazardous Materials on any parcels added to the Project ROW by an IFA-Directed Change or required due to a Force Majeure Event or Necessary Basic Configuration Change. The amount of additional compensation or extension of time in any Change Order allowed hereunder shall be determined in accordance with Section 13.9.4. Entitlement to compensation or a time extension shall be limited to costs of Work performed pursuant to this Section 6.10 and Section 104.06 of the Standard Specifications. respect to: No compensation or time extension shall be allowed with
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Samples: Public Private Agreement
