Common use of Procedures for Hazardous Materials Management Clause in Contracts

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, 3.8.2.1. If during the course of the Maintenance Services, DB Maintenance Contractor encounters Hazardous Materials or Recognized Environmental Conditions, DB Maintenance Contractor shall 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 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 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. 3.8.2.2 3.8.2.2. Except where DB Maintenance Contractor is required to take immediate action under the CMA COMA Documents or applicable Law, DB Maintenance Contractor shall afford TxDOT the opportunity to inspect sites containing Hazardous Materials or Recognized Environmental Conditions before any action is taken that which would inhibit TxDOT’s 's ability to ascertain the nature and extent of the contamination. 3.8.2.3 DB 3.8.2.3. Maintenance Contractor’s rights to a Change Order with respect to costs and and/or 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, If during the course of the Maintenance Services, DB Maintenance Contractor encounters Hazardous Materials or Recognized Environmental Conditions, DB Maintenance Contractor shall 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 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 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 CMA Documents, applicable Law and Good Industry Practice, contaminated soil and groundwater shall not be disposed off-site. 3.8.2.2 3.7.2.1 Except where DB Maintenance Contractor is required to take immediate action under the CMA Documents or applicable Law, DB Maintenance Contractor shall afford TxDOT the opportunity to inspect sites containing Hazardous Materials or Recognized Environmental Conditions before any action is taken that which would inhibit TxDOT’s 's ability to ascertain the nature and extent of the contamination. 3.8.2.3 DB Contractor’s rights 3.7.2.2 Subject to the limitations and exceptions set forth in this Section 3.7 and Section 10 Maintenance Contractor shall be entitled to a Change Order as set forth in Section 10.8.2 with respect to costs and and/or delays directly attributable to performance the discovery of Hazardous Materials Management are set forth in Section 10.8.2. Notwithstanding anything herein to within 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 ManagementProject ROW.

Procedures for Hazardous Materials Management. 3.8.2.1 If, If during the course of the Maintenance Services, DB Maintenance Contractor encounters Hazardous Materials or Recognized Environmental Conditions, DB Maintenance Contractor shall 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 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 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 CMA Documents, applicable Law and Good Industry Practice, contaminated soil and groundwater shall not be disposed off-site. 3.8.2.2 3.7.2.1 Except where DB Maintenance Contractor is required to take immediate action under the CMA Documents or applicable Law, DB Maintenance Contractor shall afford TxDOT the opportunity to inspect sites containing Hazardous Materials or Recognized Environmental Conditions before any action is taken that which would inhibit TxDOT’s 's ability to ascertain the nature and extent of the contamination. 3.8.2.3 DB Contractor’s rights 3.7.2.2 Subject to the limitations and exceptions set forth in this Section 3.7 and Section 10 Maintenance Contractor shall be entitled to a Change Order as set forth in Section 10.8.4 with respect to costs and and/or delays directly attributable to performance the discovery of Hazardous Materials Management are set forth in Section 10.8.2. Notwithstanding anything herein to within 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 ManagementProject ROW.

Procedures for Hazardous Materials Management. 3.8.2.1 If, If during the course of the Maintenance Services, DB Maintenance Contractor encounters Hazardous Materials or Recognized Environmental Conditions, DB Maintenance Contractor shall 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 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 Maintenance Contractor shall utilize appropriately trained personnel and shall select the most cost-effective approach to Hazardous Materials Management, unless otherwise directed by XxXXX. Maintenance Contractor’s plan for Hazardous Materials Management shall be subject to the prior written approval of TxDOT.. Wherever feasible and consistent with the CMA Documents, applicable Law and Good Industry Practice, contaminated soil and groundwater Texas Department of Transportation SH 99 Grand Parkway Project May 3June 19, 2012 12 RFP Addendum 1Final Request for Proposals Capital Maintenance Agreement 3.8.2.2 3.7.2.1 Except where DB Maintenance Contractor is required to take immediate action under the CMA Documents or applicable Law, DB Maintenance Contractor shall afford TxDOT the opportunity to inspect sites containing Hazardous Materials or Recognized Environmental Conditions before any action is taken that which would inhibit TxDOT’s 's ability to ascertain the nature and extent of the contamination. 3.8.2.3 DB Contractor’s rights 3.7.2.2 Subject to the limitations and exceptions set forth in this Section 3.7 and Section 10 Maintenance Contractor shall be entitled to a Change Order as set forth in Section 10.8.2 with respect to costs and and/or delays directly attributable to performance the discovery of Hazardous Materials Management are set forth in Section 10.8.2. Notwithstanding anything herein to within 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 ManagementProject ROW.

Procedures for Hazardous Materials Management. 3.8.2.1 If, If during the course of the Maintenance Services, DB Maintenance Contractor encounters Hazardous Materials or Recognized Environmental Conditions, DB Maintenance Contractor shall 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 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 Maintenance Contractor shall utilize appropriately trained personnel and shall select the most cost-effective approach to Hazardous Materials Management, unless otherwise directed by XxXXX. Maintenance Contractor’s plan for Hazardous Materials Management shall be subject to the prior written approval of TxDOT. Wherever feasible and consistent with the CMA Documents, applicable Law and Good Industry Practice, contaminated soil and groundwater shall not be disposed off-site. 3.8.2.2 3.7.2.1 Except where DB Maintenance Contractor is required to take immediate action under the CMA Documents or applicable Law, DB Maintenance Contractor shall 3.7.2.2 Subject to the limitations and exceptions set forth in this Section 3.7 and Section 10 Maintenance 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 be entitled to a Change Order as set forth in Section 10.8.2 with respect to costs and and/or delays directly attributable to performance the discovery of Hazardous Materials Management are set forth in Section 10.8.2. Notwithstanding anything herein to within 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 ManagementProject ROW.

Procedures for Hazardous Materials Management. 3.8.2.1 If, If during the course of the Maintenance Services, DB Maintenance Contractor encounters Hazardous Materials or Recognized Environmental Conditions, DB Maintenance Contractor shall 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 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 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 CMA Documents, applicable Law and Good Industry Practice, contaminated soil and groundwater shall not be disposed off-site. 3.8.2.2 3.7.2.1 Except where DB Maintenance Contractor is required to take immediate action under the CMA Documents or applicable Law, DB Maintenance Contractor shall afford TxDOT the opportunity to inspect sites containing Hazardous Materials or Recognized Environmental Conditions before any action is taken that which would inhibit TxDOT’s 's ability to ascertain the nature and extent of the contamination. 3.8.2.3 DB Contractor’s rights 3.7.2.2 Subject to the limitations and exceptions set forth in this Section 3.7 and Section 10 Maintenance Contractor shall be entitled to a Change Order Texas Department of Transportation Execution Version Horseshoe Project 16 Capital Maintenance Agreement as set forth in Section 10.8.2 with respect to costs and and/or delays directly attributable to performance the discovery of Hazardous Materials Management are set forth in Section 10.8.2. Notwithstanding anything herein to within 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 ManagementProject ROW.

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. Wherever feasible and consistent with the CMA Documents, applicable Law and Good Industry Practice, contaminated soil and groundwater shall not be disposed off-site. 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, If during the course of the Maintenance Services, DB Maintenance Contractor encounters Hazardous Materials or Recognized Environmental Conditions, DB Maintenance Contractor shall 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 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 Maintenance Contractor shall utilize appropriately trained personnel and shall select the most cost-effective approach to Hazardous Materials Management, unless otherwise directed by XxXXX. Maintenance Contractor’s plan for Hazardous Materials Management shall be subject to the prior written approval of TxDOT. Wherever feasible and consistent with the CMA Documents, applicable Law and Good Industry Practice, contaminated soil and groundwater shall not be disposed off-site. 3.8.2.2 3.7.2.1 Except where DB Maintenance Contractor is required to take immediate action under the CMA Documents or applicable Law, DB Maintenance Contractor shall afford TxDOT the opportunity to inspect sites containing Hazardous Materials or Recognized Environmental Conditions before any action is taken that which would inhibit TxDOT’s 's ability to ascertain the nature and extent of the contamination. 3.8.2.3 DB Contractor’s rights 3.7.2.2 Subject to the limitations and exceptions set forth in this Section 3.7 and Section 10 Maintenance Contractor shall be entitled to a Change Order as set forth in Section 10.8.2 with respect to costs and and/or delays directly attributable to performance the discovery of Hazardous Materials Management are set forth in Section 10.8.2. Notwithstanding anything herein to within 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 ManagementProject ROW.