Procedures for Hazardous Materials Management. 4.6.2.1 If during the course of the Maintenance Services, DB Contractor encounters Hazardous Materials or Recognized Environmental Conditions, DB Contractor shall: (a) promptly notify TxDOT in writing and advise TxDOT of any obligation to notify Governmental Entities under applicable Law, and notify such Governmental Entities as required by applicable Law; and (b) take reasonable steps, including design modifications and/or construction techniques, to avoid excavation or dewatering in areas with Hazardous Materials or Recognized Environmental Conditions. Where excavation or dewatering of Hazardous Materials or Recognized Environmental Conditions is unavoidable, DB Contractor shall utilize appropriately trained personnel and shall select the most cost-effective approach to Hazardous Materials Management, unless otherwise directed by TxDOT. Wherever feasible and consistent with the CMC Documents, applicable Law and Good Industry Practice, contaminated soil and groundwater shall not be disposed off-site.
4.6.2.2 Except where DB Contractor is required to take immediate action under the CMC Documents or applicable Law, DB Contractor shall afford TxDOT the opportunity to inspect sites containing Hazardous Materials or Recognized Environmental Conditions before any action is taken that would inhibit TxDOT’s ability to ascertain the nature and extent of the contamination.
4.6.2.3 DB Contractor’s rights to a Change Order with respect to costs directly attributable to performance of Hazardous Materials Management are set forth in Section 4.5.11.2.
Procedures for Hazardous Materials Management. 3.8.2.1 If, during the course of the Maintenance Services, DB Contractor encounters Hazardous Materials or Recognized Environmental Conditions, DB Contractor shall (a) promptly notify TxDOT in writing and advise TxDOT of any obligation to notify Governmental Entities under applicable Law, and notify such Governmental Entities as required by applicable Law, and (b) take reasonable steps, including design modifications or construction techniques, to avoid excavation or dewatering in areas with Hazardous Materials or Recognized Environmental Conditions. Where excavation or dewatering of Hazardous Materials or Recognized Environmental Conditions is unavoidable, DB Contractor shall utilize appropriately trained personnel and shall select the most cost-effective approach to Hazardous Materials Management, unless otherwise directed by TxDOT.
3.8.2.2 Except where DB Contractor is required to take immediate action under the CMA Documents or applicable Law, DB Contractor shall afford TxDOT the opportunity to inspect sites containing Hazardous Materials or Recognized Environmental Conditions before any action is taken that would inhibit TxDOT’s ability to ascertain the nature and extent of the contamination.
3.8.2.3 DB Contractor’s rights to a Change Order with respect to costs and delays directly attributable to performance of Hazardous Materials Management are set forth in Section 10.8.2. Notwithstanding anything herein to the contrary, for any Hazardous Materials Management for which DB Contractor is not responsible under Section 3.8.1, DB Contractor shall only perform such Hazardous Materials Management pursuant to a Directive Letter or an executed Change Order issued by TxDOT in accordance with Section 10, and TxDOT reserves the right, in its discretion, to perform such Hazardous Materials Management itself, including by contract with a third party, in which case DB Contractor shall not be responsible for such Hazardous Materials Management and shall not be entitled to any increase in the Maintenance Price for such Hazardous Materials Management.
Procedures for Hazardous Materials Management. 3.8.2.1. If during the course of the Maintenance Services, DB Contractor encounters Hazardous Materials or Recognized Environmental Conditions, DB Contractor shall: (a) promptly notify TxDOT in writing and advise TxDOT of any obligation to
3.8.2.2. Except where DB Contractor is required to take immediate action under the CMA Documents or applicable Law, DB Contractor shall afford TxDOT the opportunity to inspect sites containing Hazardous Materials or Recognized Environmental Conditions before any action is taken which would inhibit TxDOT's ability to ascertain the nature and extent of the contamination.
3.8.2.3. DB Contractor’s rights to a Change Order with respect to costs and/or delays directly attributable to performance of Hazardous Materials Management are set forth in Section 10.8.2.
Procedures for Hazardous Materials Management. If during the course of the Maintenance Services, Maintenance Contractor encounters Hazardous Materials or Recognized Environmental Conditions, Maintenance Contractor shall: (a) promptly notify TxDOT in writing and advise TxDOT of any obligation to and shall notify Governmental Entities under applicable Law; and (b) take reasonable steps, including design modifications and/or construction techniques, to avoid excavation or dewatering in areas with Hazardous Materials or Recognized Environmental Conditions. Where excavation or dewatering of Hazardous Materials or Recognized Environmental Conditions is unavoidable, Maintenance Contractor shall utilize appropriately trained personnel and shall select the most cost-effective approach to Hazardous Materials Management, unless otherwise directed by TxDOT. Maintenance Contractor’s plan for Hazardous Materials Management shall be subject to the prior written approval of TxDOT. Wherever feasible and consistent with the COMA Documents, applicable Law and Good Industry Practice, contaminated soil and groundwater shall not be disposed off-site.
