Hazardous Materials Management definition
Examples of Hazardous Materials Management in a sentence
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.
If compensation is payable to DB Contractor with respect to Hazardous Materials Management, the amount of the Change Order shall either be a negotiated amount acceptable to the Parties, or 100% of the Reimbursable Hazardous Materials Management Costs for the work in question, subject to the limitations set forth in this Section 4.5.11.
In cases involving reimbursement for Hazardous Materials Management under this Section 4.5.11, allowable costs shall be limited to the incremental costs actually incurred in performing Hazardous Materials Management after completion of the testing process to determine whether Hazardous Materials are present (deducting any avoided costs such as the cost of disposal that would have been incurred had Hazardous Materials not been present).
To the extent that such proceeds are available, DB Contractor shall not be entitled to payment hereunder on any other basis for such Hazardous Materials Management.
DB Contractor shall not be entitled to a Change Order for additional compensation with respect to the Hazardous Materials Management responsibilities set forth in Section 4.6.1. Entitlement to compensation shall be limited to work performed pursuant to DB Contractor’s Hazardous Materials Management Plan approved by TxDOT in accordance with Section 9.7.6.1 of the CMA Specification, and any Site Investigation Report or workplan for such Hazardous Materials as approved by TxDOT, in writing.
DB Contractor shall be deemed to have waived the right to collect any and all costs incurred in connection with any Hazardous Materials Management if TxDOT is not provided written notice of the discovery of Hazardous Materials and afforded the opportunity to inspect sites containing Hazardous Materials before any action is taken that would inhibit TxDOT’s ability to ascertain, based on a site inspection, the nature and extent of the materials.
Subject to the limitations contained in, and upon DB Contractor’s fulfillment of all applicable requirements of, this Section 4.5 hereof and Section 5 of the CMA, TxDOT shall issue Change Orders to compensate DB Contractor for additional costs directly attributable to Hazardous Materials Management, except Hazardous Materials Management costs arising out of or relating to DB Contractor Releases of Hazardous Materials.
Compensation shall be allowed only to the extent that DB Contractor demonstrates to TxDOT’s satisfaction that: (a) the Hazardous Materials Management could not have been avoided by reasonable design modifications, maintenance procedures or construction techniques and (b) DB Contractor’s plan for the Hazardous Materials Management represents the approach that is most beneficial to the Project and the public.
If the cost of any Hazardous Materials Management is covered by the insurance described in Section 3.3, DB Contractor shall be entitled to reimbursement of its costs from proceeds of insurance and self-insurance, up to the limits of the applicable policy, less any deductibles, which shall be DB Contractor’s responsibility.
Where excavation or dewatering of Hazardous Materials or Recognized Environmental Conditions is unavoidable, Developer shall utilize appropriately trained personnel and shall select the most cost-effective approach to Hazardous Materials Management, unless otherwise directed by TxDOT.