Common use of Unsafe Materials and Hazardous Materials Clause in Contracts

Unsafe Materials and Hazardous Materials. Section 3.11.1 The Design-Builder shall not bring, spill or release onto the site asbestos, PCBs, or any other Hazardous Material that is not customarily used in a facility of the type and similar to the Project, and shall bring to the Department’s attention any specification of such Hazardous Materials in the design documents. If the Design-Builder believes that anything in the Contract would require that it use or bring onto the site asbestos, PCBs, or any Hazardous Material that is not customarily used in a facility of the type and similar to the Project, it shall immediately inform the Department and seek direction before proceeding. Section 3.11.2 If the Design-Builder discovers Hazardous Materials on the site, it shall immediately notify the Department, in writing, and shall promptly coordinate with separate contractors engaged by the Department to remove, treat, encapsulate, passivate, and/or dispose of the Hazardous Materials. The Design-Builder shall comply with all laws, including, without limitation, the requirements of the EPA and all jurisdictional agencies as well as all laws relating to safety, health welfare, and protection of the environment, in removing, treating, encapsulating, passivating, and/or disposing of Hazardous Materials, including, but not limited to, removal, treatment, encapsulation, passivation, and/or disposal of the Hazardous Materials. If any notices to governmental authorities are required, the Design-Builder shall also give those notices at the appropriate times. The Design-Builder shall ensure abatement subcontractors and disposal sites are appropriately licensed and qualified. In addition, the Design-Builder shall ensure that any subcontractors involved in the abatement of hazardous materials maintain a contractor’s pollution legal liability insurance policy of at least Two Million Dollars ($2,000,000) for the duration of the Project and a period of three (3) years after Substantial Completion of the Project, and that any disposal site to which hazardous materials are taken carries environmental impairment liability insurance for the duration of the Project and a period of three (3) years after Substantial Completion of the Project. Section 3.11.3 The Design-Builder shall be entitled to submit a Change Request in accordance with Article 4 of the Standard Contract Provisions in the event the Design Builder encounters Hazardous Materials beyond those contemplated in the Contract Documents. Section 3.11.4 The Design-Builder shall keep detailed records documenting Work done so that the Department may independently verify compliance with all laws, the number of units actually removed, treated, and/or disposed of, and the appropriate unit price(s) applicable to the Work.

Appears in 5 contracts

Sources: Design Build Agreement, Design Build Agreement, Design Build Agreement

Unsafe Materials and Hazardous Materials. Section 3.11.1 4.13.1 The Design-Builder shall not bring, spill or release onto the site asbestos, PCBs, or any other Hazardous Material that is not customarily used in a facility of the type and similar to the Project, and shall bring to the Department’s attention any specification of such Hazardous Materials in the design documents. If the Design-Builder believes that anything in the Contract Agreement would require that it use or bring onto the site asbestos, PCBs, or any Hazardous Material that is not customarily used in a facility of the type and similar to the Project, it shall immediately inform the Department and seek direction before proceeding. Section 3.11.2 If the 4.13.2 The Design-Builder discovers shall ▇▇▇▇▇ and remove Hazardous Materials on or within the site, it shall immediately notify site as necessary to complete the Department, in writing, and shall promptly coordinate with separate contractors engaged Work contemplated by the Department to remove, treat, encapsulate, passivate, and/or dispose of the Hazardous Materialsthis Agreement. The Design-Builder shall comply with all laws, including, without limitation, the requirements of the EPA and all jurisdictional agencies as well as all laws relating to safety, health welfare, and protection of the environment, in removing, treating, encapsulating, passivating, and/or disposing of Hazardous Materials, including, but not limited to, removal, treatment, encapsulation, passivation, and/or disposal of the Hazardous Materials. If any notices to governmental authorities are required, the Design-Builder shall also give those notices at the appropriate times. The Design-Builder shall ensure abatement subcontractors and disposal sites are appropriately licensed and qualified. In addition, the Design-Builder shall ensure that any subcontractors involved in the abatement of hazardous materials maintain a contractor’s pollution legal liability insurance policy of at least Two Million Dollars ($2,000,000) for the duration of the Project and a period of three (3) years after Substantial Completion of the Project, and that any disposal site to which hazardous materials are taken carries environmental impairment liability insurance for the duration of the Project and a period of three (3) years after Substantial Completion of the Project. Section 3.11.3 4.13.3 The Design-Builder shall be entitled to submit a Change Request in accordance with Article 4 of the Standard Contract Provisions in the event the Design Design-Builder encounters Hazardous Materials beyond those contemplated in the Contract Documents. Section 3.11.4 4.13.4 The Design-Builder shall keep detailed records documenting Work done so that the Department may independently verify compliance with all laws, the number of units actually removed, treated, and/or disposed of, and the appropriate unit price(s) applicable to the Work.

Appears in 5 contracts

Sources: Design Build Agreement, Design Build Agreement, Design Build Agreement

Unsafe Materials and Hazardous Materials. Section 3.11.1 4.12.1. The Design-Builder Contractor shall not bring, spill or release onto the site asbestos, Polychlorinated biphenyls (“PCBs”), or any other Hazardous Material that is not customarily used in a facility of the type and similar to the Project, and shall bring to the Department’s attention any specification of such Hazardous Materials in the design documents. If the Design-Builder Contractor believes that anything in the Contract Agreement would require that it use or bring onto the site asbestos, PCBs, or any Hazardous Material that is not customarily used in a facility of the type and similar to the Project, it shall immediately inform the Department and seek direction before proceeding. Section 3.11.2 If the Design-Builder discovers 4.12.2. The Contractor shall ▇▇▇▇▇ Hazardous Materials on the site, it shall immediately notify site as necessary to complete the Department, in writing, and shall promptly coordinate with separate contractors engaged Work contemplated by the Department to remove, treat, encapsulate, passivate, and/or dispose of the Hazardous Materialsthis Agreement. The Design-Builder Contractor shall comply with all laws, including, without limitation, the requirements of the EPA Environmental Protection Agency (“EPA”) and all jurisdictional agencies as well as all laws relating to safety, health welfare, and protection of the environment, in removing, treating, encapsulating, passivating, and/or disposing of Hazardous Materials, including, but not limited to, removal, treatment, encapsulation, passivation, and/or disposal of the Hazardous Materials. If any notices to governmental authorities are required, the Design-Builder Contractor shall also give those notices at the appropriate times. The Design-Builder Contractor shall ensure abatement subcontractors and disposal sites are appropriately licensed and qualified. In addition, the Design-Builder shall ensure that any subcontractors involved in the abatement of hazardous materials maintain a contractor’s pollution legal liability insurance policy of at least Two Million Dollars ($2,000,000) for the duration of the Project and a period of three (3) years after Substantial Completion of the Project, and that any disposal site to which hazardous materials are taken carries environmental impairment liability insurance for the duration of the Project and a period of three (3) years after Substantial Completion of the Project. Section 3.11.3 4.12.3. The Design-Builder Contractor shall be entitled to submit a Change Request in accordance with Article 4 of the Standard Contract Provisions (Construction Contract) in the event the Design Builder Contractor encounters Hazardous Materials beyond those contemplated in the Contract Documents. Section 3.11.4 4.12.4. The Design-Builder Contractor shall keep detailed records documenting Work done so that the Department may independently verify compliance with all laws, the number of units actually removed, treated, and/or disposed of, and the appropriate unit price(s) applicable to the Work.

Appears in 3 contracts

Sources: Construction Management Agreement, Construction Management at Risk Services Agreement, Construction Management at Risk Services

Unsafe Materials and Hazardous Materials. Section 3.11.1 4.13.1 The Design-Builder shall not bring, spill or release onto the site asbestos, PCBs, or any other Hazardous Material that is not customarily used in a facility of the type and similar to the Project, and shall bring to the Department’s attention any specification of such Hazardous Materials in the design documents. If the Design-Design- Builder believes that anything in the Contract Agreement would require that it use or bring onto the site asbestos, PCBs, or any Hazardous Material that is not customarily used in a facility of the type and similar to the Project, it shall immediately inform the Department and seek direction before proceeding. Section 3.11.2 If the 4.13.2 The Design-Builder discovers shall ▇▇▇▇▇ and remove Hazardous Materials on or within the site, it shall immediately notify site as necessary to complete the Department, in writing, and shall promptly coordinate with separate contractors engaged Work contemplated by the Department to remove, treat, encapsulate, passivate, and/or dispose of the Hazardous Materialsthis Agreement. The Design-Builder shall comply with all laws, including, without limitation, the requirements of the EPA and all jurisdictional agencies as well as all laws relating to safety, health welfare, and protection of the environment, in removing, treating, encapsulating, passivating, and/or disposing of Hazardous Materials, including, but not limited to, removal, treatment, encapsulation, passivation, and/or disposal of the Hazardous Materials. If any notices to governmental authorities are required, the Design-Design- Builder shall also give those notices at the appropriate times. The Design-Builder shall ensure abatement subcontractors and disposal sites are appropriately licensed and qualified. In addition, the Design-Builder shall ensure that any subcontractors involved in the abatement of hazardous materials maintain a contractor’s pollution legal liability insurance policy of at least Two Million Dollars ($2,000,000) for the duration of the Project and a period of three (3) years after Substantial Completion of the Project, and that any disposal site to which hazardous materials are taken carries environmental impairment liability insurance for the duration of the Project and a period of three (3) years after Substantial Completion of the Project. Section 3.11.3 4.13.3 The Design-Builder shall be entitled to submit a Change Request in accordance with Article 4 of the Standard Contract Provisions in the event the Design Design- Builder encounters Hazardous Materials beyond those contemplated in the Contract Documents. Section 3.11.4 4.13.4 The Design-Builder shall keep detailed records documenting Work done so that the Department may independently verify compliance with all laws, the number of units actually removed, treated, and/or disposed of, and the appropriate unit price(s) applicable to the Work.

Appears in 2 contracts

Sources: Design Build Agreement, Design Build Agreement

Unsafe Materials and Hazardous Materials. Section 3.11.1 4.13.1 The Design-Builder shall not bring, spill or release onto the site asbestos, PCBs, or any other Hazardous Material that is not customarily used in a facility of the type and similar to the Project, and shall bring to the Department’s attention any specification of such Hazardous Materials in the design documents. If the Design-Design Builder believes that anything in the Contract Agreement would require that it use or bring onto the site asbestos, PCBs, or any Hazardous Material that is not customarily used in a facility of the type and similar to the Project, it shall immediately inform the Department and seek direction before proceeding. Section 3.11.2 If the 4.13.2 The Design-Builder discovers shall ▇▇▇▇▇ and remove Hazardous Materials on or within the site, it shall immediately notify site as necessary to complete the Department, in writing, and shall promptly coordinate with separate contractors engaged Work contemplated by the Department to remove, treat, encapsulate, passivate, and/or dispose of the Hazardous Materialsthis Agreement. The Design-Builder shall comply with all laws, including, without limitation, the requirements of the EPA and all jurisdictional agencies as well as all laws relating to safety, health welfare, and protection of the environment, in removing, treating, encapsulating, passivating, and/or disposing of Hazardous Materials, including, but not limited to, removal, treatment, encapsulation, passivation, and/or disposal of the Hazardous Materials. If any notices to governmental authorities are required, the Design-Design Builder shall also give those notices at the appropriate times. The Design-Builder shall ensure abatement subcontractors and disposal sites are appropriately licensed and qualified. In addition, the Design-Builder shall ensure that any subcontractors involved in the abatement of hazardous materials maintain a contractor’s pollution legal liability insurance policy of at least Two Million Dollars ($2,000,000) for the duration of the Project and a period of three (3) years after Substantial Completion of the Project, and that any disposal site to which hazardous materials are taken carries environmental impairment liability insurance for the duration of the Project and a period of three (3) years after Substantial Completion of the Project. Section 3.11.3 4.13.3 The Design-Builder shall be entitled to submit a Change Request in accordance with Article 4 of the Standard Contract Provisions in the event the Design Builder encounters Hazardous Materials beyond those contemplated in the Contract Documents. Section 3.11.4 4.13.4 The Design-Builder shall keep detailed records documenting Work done so that the Department may independently verify compliance with all laws, the number of units actually removed, treated, and/or disposed of, and the appropriate unit price(s) applicable to the Work.

Appears in 2 contracts

Sources: Design Build Agreement, Design Build Agreement

Unsafe Materials and Hazardous Materials. Section 3.11.1 4.12.1. The Design-Builder Construction Manager shall not bring, spill or release onto the site asbestos, PCBs, or any other Hazardous Material that is not customarily used in a facility of the type and similar to the Project, and shall bring to the Department’s attention any specification of such Hazardous Materials in the design documents. If the Design-Builder Construction Manager believes that anything in the Contract Agreement would require that it use or bring onto the site asbestos, PCBs, or any Hazardous Material that is not customarily used in a facility of the type and similar to the Project, it shall immediately inform the Department and seek direction before proceeding. Section 3.11.2 If the Design-Builder discovers 4.12.2. The Construction Manager shall ▇▇▇▇▇ Hazardous Materials on the site, it shall immediately notify site as necessary to complete the Department, in writing, and shall promptly coordinate with separate contractors engaged Work contemplated by the Department to remove, treat, encapsulate, passivate, and/or dispose of the Hazardous Materialsthis Agreement. The Design-Builder Construction Manager shall comply with all laws, including, without limitation, the requirements of the EPA and all jurisdictional agencies as well as all laws relating to safety, health welfare, and protection of the environment, in removing, treating, encapsulating, passivating, and/or disposing of Hazardous Materials, including, but not limited to, removal, treatment, encapsulation, passivation, and/or disposal of the Hazardous Materials. If any notices to governmental authorities are required, the Design-Builder Construction Manager shall also give those notices at the appropriate times. The Design-Builder Construction Manager shall ensure abatement subcontractors and disposal sites are appropriately licensed and qualified. In addition, the Design-Builder shall ensure that any subcontractors involved in the abatement of hazardous materials maintain a contractor’s pollution legal liability insurance policy of at least Two Million Dollars ($2,000,000) for the duration of the Project and a period of three (3) years after Substantial Completion of the Project, and that any disposal site to which hazardous materials are taken carries environmental impairment liability insurance for the duration of the Project and a period of three (3) years after Substantial Completion of the Project. Section 3.11.3 4.12.3. The Design-Builder Construction Manager shall be entitled to submit a Change Request in accordance with Article 4 of the Standard Contract Provisions (Construction Contract) in the event the Design Builder Construction Manager encounters Hazardous Materials beyond those contemplated in the Contract Documents. Section 3.11.4 4.12.4. The Design-Builder Construction Manager shall keep detailed records documenting Work done so that the Department may independently verify compliance with all laws, the number of units actually removed, treated, and/or disposed of, and the appropriate unit price(s) applicable to the Work.

Appears in 2 contracts

Sources: Construction Management at Risk Agreement, Construction Management at Risk Agreement

Unsafe Materials and Hazardous Materials. Section 3.11.1 4.13.1 The Design-Builder shall not bring, spill or release onto the site asbestos, PCBs, or any other Hazardous Material that is not customarily used in a facility of the type and similar to the Project, and shall bring to the Department’s attention any specification of such Hazardous Materials in the design documents. If the Design-Design Builder believes that anything in the Contract Agreement would require that it use or bring onto the site asbestos, PCBs, or any Hazardous Material that is not customarily used in a facility of the type and similar to the Project, it shall immediately inform the Department and seek direction before proceeding. Section 3.11.2 If the 4.13.2 The Design-Builder discovers shall ▇▇▇▇▇ and remove Hazardous Materials on or within the site, it shall immediately notify site as necessary to complete the Department, in writing, and shall promptly coordinate with separate contractors engaged Work contemplated by the Department to remove, treat, encapsulate, passivate, and/or dispose of the Hazardous Materialsthis Agreement. The Design-Builder shall comply with all laws, including, without limitation, the requirements of the EPA and all jurisdictional agencies as well as all laws relating to safety, health welfare, and protection of the environment, in removing, treating, encapsulating, passivating, and/or disposing of Hazardous Materials, including, but not limited to, removal, treatment, encapsulation, passivation, and/or disposal of the Hazardous Materials. If any notices to governmental authorities are required, the Design-Design Builder shall also give those notices at the appropriate times. The Design-Builder shall ensure abatement subcontractors and disposal sites are appropriately licensed and qualified. In addition, the Design-Builder shall ensure that any subcontractors involved in the abatement of hazardous materials maintain a contractor’s pollution legal liability insurance policy of at least Two Million Dollars ($2,000,000) for the duration of the Project and a period of three (3) years after Substantial Completion of the Project, and that any disposal site to which hazardous materials are taken carries environmental impairment liability insurance for the duration of the Project and a period of three (3) years after Substantial Completion of the Project. Section 3.11.3 4.13.3 The Design-Builder shall be entitled to submit a Change Request in accordance with Article 4 of the Standard Contract Provisions in the event the Design Builder encounters Hazardous Materials beyond those contemplated in the Contract Documents. Section 3.11.4 4.13.4 The Design-Builder shall keep detailed records documenting Work done so that the Department may independently verify compliance with all laws, the number of units actually removed, treated, and/or disposed of, and the appropriate unit price(s) applicable to the Work.all

Appears in 1 contract

Sources: Design Build Agreement

Unsafe Materials and Hazardous Materials. Section 3.11.1 4.12.1. The Design-Builder Construction Manager shall not bring, spill or release onto the site asbestos, PCBs, or any other Hazardous Material that is not customarily used in a facility of the type and similar to the Project, and shall bring to the Department’s attention any specification of such Hazardous Materials in the design documents. If the Design-Builder Construction Manager believes that anything in the Contract Agreement would require that it use or bring onto the site asbestos, PCBs, or any Hazardous Material that is not customarily used in a facility of the type and similar to the Project, it shall immediately inform the Department and seek direction before proceeding. Section 3.11.2 If the Design-Builder discovers 4.12.2. The Construction Manager shall ▇▇▇▇▇ Hazardous Materials on the site, it shall immediately notify site as necessary to complete the Department, in writing, and shall promptly coordinate with separate contractors engaged Work contemplated by the Department to remove, treat, encapsulate, passivate, and/or dispose of the Hazardous Materialsthis Agreement. The Design-Builder Construction Manager shall comply with all laws, including, without limitation, the requirements of the EPA and all jurisdictional agencies as well as all laws relating to safety, health welfare, and protection of the environment, in removing, treating, encapsulating, passivating, and/or disposing of Hazardous Materials, including, but not limited to, removal, treatment, encapsulation, passivation, and/or disposal of the Hazardous Materials. If any notices to governmental authorities are required, the Design-Builder Construction Manager shall also give those notices at the appropriate times. The Design-Builder Construction Manager shall ensure abatement subcontractors and disposal sites are appropriately licensed and qualified. In addition, the Design-Builder shall ensure that any subcontractors involved in the abatement of hazardous materials maintain a contractor’s pollution legal liability insurance policy of at least Two Million Dollars ($2,000,000) for the duration of the Project and a period of three (3) years after Substantial Completion of the Project, and that any disposal site to which hazardous materials are taken carries environmental impairment liability insurance for the duration of the Project and a period of three (3) years after Substantial Completion of the Project. Section 3.11.3 4.12.3. The Design-Builder Construction Manager shall be entitled to submit a Change Request in accordance with Article 4 of the Standard Contract Provisions in the event the Design Builder encounters Hazardous Materials beyond those contemplated in the Contract Documents.(Construction Contract) in Section 3.11.4 4.12.4. The Design-Builder Construction Manager shall keep detailed records documenting Work done so that the Department may independently verify compliance with all laws, the number of units actually removed, treated, and/or disposed of, and the appropriate unit price(s) applicable to the Work.

Appears in 1 contract

Sources: Construction Management at Risk Agreement

Unsafe Materials and Hazardous Materials. Section 3.11.1 4.13.1 The Design-Builder shall not bring, spill or release onto the site asbestos, PCBs, or any other Hazardous Material that is not customarily used in a facility of the type and similar to the Project, and shall bring to the Department’s attention any specification of such Hazardous Materials in the design Project documents. If the Design-Builder believes that anything in the Contract Agreement would require that it use or bring onto the site asbestos, PCBs, or any Hazardous Material that is not customarily used in a facility of the type and similar to the Project, it shall immediately inform the Department and seek direction before proceeding. Section 3.11.2 If the 4.13.2 The Design-Builder discovers shall ▇▇▇▇▇ and remove Hazardous Materials on or within the site, it shall immediately notify site as necessary to complete the Department, in writing, and shall promptly coordinate with separate contractors engaged Work contemplated by the Department to remove, treat, encapsulate, passivate, and/or dispose of the Hazardous Materialsthis Agreement. The Design-Builder shall comply with all laws, including, without limitation, the requirements of the EPA and all jurisdictional agencies as well as all laws relating to safety, health welfare, and protection of the environment, in removing, treating, encapsulating, passivating, and/or disposing of Hazardous Materials, including, but not limited to, removal, treatment, encapsulation, passivation, and/or disposal of the Hazardous Materials. If any notices to governmental authorities are required, the Design-Builder shall also give those notices at the appropriate times. The Design-Builder shall ensure abatement subcontractors and disposal sites are appropriately licensed and qualified. In addition, the Design-Builder shall ensure that any subcontractors involved in the abatement of hazardous materials maintain a contractor’s pollution legal liability insurance policy of at least Two Million Dollars ($2,000,000) for the duration of the Project and a period of three (3) years after Substantial Completion of the Project, and that any disposal site to which hazardous materials are taken carries environmental impairment liability insurance for the duration of the Project and a period of three (3) years after Substantial Completion of the Project. Section 3.11.3 4.13.3 The Design-Builder shall be entitled to submit a Change Request in accordance with Article 4 of the Standard Contract Provisions in the event the Design Design- Builder encounters Hazardous Materials beyond those contemplated in the Contract DocumentsProject documents. Section 3.11.4 4.13.4 The Design-Builder shall keep detailed records documenting Project 2umenting Work done so that the Department may independently verify compliance with all laws, the number of units actually removed, treated, and/or disposed of, and the appropriate unit price(s) applicable to the Work.

Appears in 1 contract

Sources: Design Build Agreement

Unsafe Materials and Hazardous Materials. Section 3.11.1 4.13.1 The Design-Builder shall not bring, spill or release onto the site asbestos, PCBs, or any other Hazardous Material that is not customarily used in a facility of the type and similar to the Project, and shall bring to the Department’s attention any specification of such Hazardous Materials in the design documents. If the Design-Design Builder believes that anything in the Contract Agreement would require that it use or bring onto the site asbestos, PCBs, or any Hazardous Material that is not customarily used in a facility of the type and similar to the Project, it shall immediately inform the Department and seek direction before proceeding.inform Section 3.11.2 If the 4.13.2 The Design-Builder discovers shall ▇▇▇▇▇ and remove Hazardous Materials on or within the site, it shall immediately notify site as necessary to complete the Department, in writing, and shall promptly coordinate with separate contractors engaged Work contemplated by the Department to remove, treat, encapsulate, passivate, and/or dispose of the Hazardous Materialsthis Agreement. The Design-Builder shall comply with all laws, including, without limitation, the requirements of the EPA and all jurisdictional agencies as well as all laws relating to safety, health welfare, and protection of the environment, in removing, treating, encapsulating, passivating, and/or disposing of Hazardous Materials, including, but not limited to, removal, treatment, encapsulation, passivation, and/or disposal of the Hazardous Materials. If any notices to governmental authorities are required, the Design-Design- Builder shall also give those notices at the appropriate times. The Design-Builder shall ensure abatement subcontractors and disposal sites are appropriately licensed and qualified. In addition, the Design-Builder shall ensure that any subcontractors involved in the abatement of hazardous materials maintain a contractor’s pollution legal liability insurance policy of at least Two Million Dollars ($2,000,000) for the duration of the Project and a period of three (3) years after Substantial Completion of the Project, and that any disposal site to which hazardous materials are taken carries environmental impairment liability insurance for the duration of the Project and a period of three (3) years after Substantial Completion of the Project. Section 3.11.3 4.13.3 The Design-Builder shall be entitled to submit a Change Request in accordance with Article 4 of the Standard Contract Provisions in the event the Design Builder encounters Hazardous Materials beyond those contemplated in the Contract Documents. Section 3.11.4 4.13.4 The Design-Builder shall keep detailed records documenting Work done so that the Department may independently verify compliance with all laws, the number of units actually removed, treated, and/or disposed of, and the appropriate unit price(s) applicable to the Work.

Appears in 1 contract

Sources: Design Build Agreement

Unsafe Materials and Hazardous Materials. Section 3.11.1 4.13.1 The Design-Builder shall not bring, spill or release onto the site asbestos, PCBs, or any other Hazardous Material that is not customarily used in a facility of the type and similar to the Project, and shall bring to the Department’s attention any specification of such Hazardous Materials in the design documents. If the Design-Design- Builder believes that anything in the Contract Agreement would require that it use or bring onto the site asbestos, PCBs, or any Hazardous Material that is not customarily used in a facility of the type and similar to the Project, it shall immediately inform the Department and seek direction before proceeding. Section 3.11.2 If the 4.13.2 The Design-Builder discovers shall ▇▇▇▇▇ and remove Hazardous Materials on or within the site, it shall immediately notify site as necessary to complete the Department, in writing, and shall promptly coordinate with separate contractors engaged Work contemplated by the Department to remove, treat, encapsulate, passivate, and/or dispose of the Hazardous Materialsthis Agreement. The Design-Builder shall comply with all laws, including, without limitation, the requirements of the EPA and all jurisdictional agencies as well as all laws relating to safety, health welfare, and protection of the environment, in removing, treating, encapsulating, passivating, and/or disposing of Hazardous Materials, including, but not limited to, removal, treatment, encapsulation, passivation, and/or disposal of the Hazardous Materials. If any notices to governmental authorities are required, the Design-Builder shall also give those notices at the appropriate times. The Design-Builder shall ensure abatement subcontractors and disposal sites are appropriately licensed and qualified. In addition, the Design-Builder shall ensure that any subcontractors involved in the abatement of hazardous materials maintain a contractor’s pollution legal liability insurance policy of at least Two Million Dollars ($2,000,000) for the duration of the Project and a period of three (3) years after Substantial Completion of the Project, and that any disposal site to which hazardous materials are taken carries environmental impairment liability insurance for the duration of the Project and a period of three (3) years after Substantial Completion of the Project.Design- Section 3.11.3 4.13.3 The Design-Builder shall be entitled to submit a Change Request in accordance with Article 4 of the Standard Contract Provisions in the event the Design Design- Builder encounters Hazardous Materials beyond those contemplated in the Contract Documents. Section 3.11.4 4.13.4 The Design-Builder shall keep detailed records documenting Work done so that the Department may independently verify compliance with all laws, the number of units actually removed, treated, and/or disposed of, and the appropriate unit price(s) applicable to the Work.

Appears in 1 contract

Sources: Design Build Agreement

Unsafe Materials and Hazardous Materials. Section 3.11.1 4.13.1 The Design-Builder shall not bring, spill or release onto the site asbestos, PCBs, or any other Hazardous Material that is not customarily used in a facility of the type and similar to the Project, and shall bring to the Department’s attention any specification of such Hazardous Materials in the design documents. If the Design-Design Builder believes that anything in the Contract Agreement would require that it use or bring onto the site asbestos, PCBs, or any Hazardous Material that is not customarily used in a facility of the type and similar to the Project, it shall immediately inform the Department and seek direction before proceeding. Section 3.11.2 If the 4.13.2 The Design-Builder discovers shall ▇▇▇▇▇ and remove Hazardous Materials on or within the site, it shall immediately notify site as necessary to complete the Department, in writing, and shall promptly coordinate with separate contractors engaged Work contemplated by the Department to remove, treat, encapsulate, passivate, and/or dispose of the Hazardous Materialsthis Agreement. The Design-Builder shall comply with all laws, including, without limitation, the requirements of the EPA and all jurisdictional agencies as well as all laws relating to safety, health welfare, and protection of the environment, in removing, treating, encapsulating, passivating, and/or disposing of Hazardous Materials, including, but not limited to, removal, treatment, encapsulation, passivation, and/or disposal of the Hazardous Materials. If any notices to governmental authorities are required, the Design-Builder shall also give those notices at the appropriate times. The Design-Builder shall ensure abatement subcontractors and disposal sites are appropriately licensed and qualified. In addition, the Design-Builder shall ensure that any subcontractors involved in the abatement of hazardous materials maintain a contractor’s pollution legal liability insurance policy of at least Two Million Dollars ($2,000,000) for the duration of the Project and a period of three (3) years after Substantial Completion of the Project, and that any disposal site to which hazardous materials are taken carries environmental impairment liability insurance for the duration of the Project and a period of three (3) years after Substantial Completion of the Project.Hazardous Section 3.11.3 4.13.3 The Design-Builder shall be entitled to submit a Change Request in accordance with Article 4 of the Standard Contract Provisions in the event the Design Builder encounters Hazardous Materials beyond those contemplated in the Contract Documents. Section 3.11.4 4.13.4 The Design-Builder shall keep detailed records documenting Work done so that the Department may independently verify compliance with all laws, the number of units actually removed, treated, and/or disposed of, and the appropriate unit price(s) applicable to the Work.

Appears in 1 contract

Sources: Design Build Agreement

Unsafe Materials and Hazardous Materials. Section 3.11.1 4.13.1 The Design-Builder shall not bring, spill or release onto the site asbestos, PCBs, or any other Hazardous Material that is not customarily used in a facility of the type and similar to the Project, and shall bring to the Department’s attention any specification of such Hazardous Materials in the design documents. If the Design-Design Builder believes that anything in the Contract Agreement would require that it use or bring onto the site asbestos, PCBs, or any Hazardous Material that is not customarily used in a facility of the type and similar to the Project, it shall immediately inform the Department and seek direction before proceeding.inform Section 3.11.2 If the 4.13.2 The Design-Builder discovers shall ▇▇▇▇▇ and remove Hazardous Materials on or within the site, it shall immediately notify site as necessary to complete the Department, in writing, and shall promptly coordinate with separate contractors engaged Work contemplated by the Department to remove, treat, encapsulate, passivate, and/or dispose of the Hazardous Materialsthis Agreement. The Design-Builder shall comply with all laws, including, without limitation, the requirements of the EPA and all jurisdictional agencies as well as all laws relating to safety, health welfare, and protection of the environment, in removing, treating, encapsulating, passivating, and/or disposing of Hazardous Materials, including, but not limited to, removal, treatment, encapsulation, passivation, and/or disposal of the Hazardous Materials. If any notices to governmental authorities are required, the Design-Builder shall also give those notices at the appropriate times. The Design-Builder shall ensure abatement subcontractors and disposal sites are appropriately licensed and qualified. In addition, the Design-Builder shall ensure that any subcontractors involved in the abatement of hazardous materials maintain a contractor’s pollution legal liability insurance policy of at least Two Million Dollars ($2,000,000) for the duration of the Project and a period of three (3) years after Substantial Completion of the Project, and that any disposal site to which hazardous materials are taken carries environmental impairment liability insurance for the duration of the Project and a period of three (3) years after Substantial Completion of the Project. Section 3.11.3 4.13.3 The Design-Builder shall be entitled to submit a Change Request in accordance with Article 4 of the Standard Contract Provisions in the event the Design Builder encounters Hazardous Materials beyond those contemplated in the Contract Documents. Section 3.11.4 4.13.4 The Design-Builder shall keep detailed records documenting Work done so that the Department may independently verify compliance with all laws, the number of units actually removed, treated, and/or disposed of, and the appropriate unit price(s) applicable to the Work.

Appears in 1 contract

Sources: Design Build Agreement

Unsafe Materials and Hazardous Materials. Section 3.11.1 4.13.1. The Design-Builder shall not bring, spill or release onto the site asbestos, PCBs, or any other Hazardous Material that is not customarily used in a facility of the type and similar to the Project, and shall bring to the Department’s attention any specification of such Hazardous Materials in the design documents. If the Design-Builder believes that anything in the Contract Agreement would require that it use or bring onto the site asbestos, PCBs, or any Hazardous Material that is not customarily used in a facility of the type and similar to the Project, it shall immediately inform the Department and seek direction before proceeding. Section 3.11.2 If the 4.13.2. The Design-Builder discovers shall ▇▇▇▇▇ Hazardous Materials on the site, it shall immediately notify site as necessary to complete the Department, in writing, and shall promptly coordinate with separate contractors engaged Work contemplated by the Department to remove, treat, encapsulate, passivate, and/or dispose of the Hazardous Materialsthis Agreement. The Design-Builder shall comply with all laws, including, without limitation, the requirements of the EPA and all jurisdictional agencies as well as all laws relating to safety, health welfare, and protection of the environment, in removing, treating, encapsulating, passivating, and/or disposing of Hazardous Materials, including, but not limited to, removal, treatment, encapsulation, passivation, and/or disposal of the Hazardous Materials. If any notices to governmental authorities are required, the Design-Builder shall also give those notices at the appropriate times. The Design-Builder shall ensure abatement subcontractors and disposal sites are appropriately licensed and qualified. In addition, the Design-Builder shall ensure that any subcontractors involved in the abatement of hazardous materials maintain a contractor’s pollution legal liability insurance policy of at least Two Million Dollars ($2,000,000) for the duration of the Project and a period of three (3) years after Substantial Completion of the Project, and that any disposal site to which hazardous materials are taken carries environmental impairment liability insurance for the duration of the Project and a period of three (3) years after Substantial Completion of the Project. Section 3.11.3 4.13.3. The Design-Builder shall be entitled to submit a Change Request in accordance with Article 4 of the Standard Contract Provisions in the event the Design Design- Builder encounters Hazardous Materials beyond those contemplated in the Contract Documents. Section 3.11.4 4.13.4. The Design-Builder shall keep detailed records documenting Work done so that the Department may independently verify compliance with all laws, the number of units actually removed, treated, and/or disposed of, and the appropriate unit price(s) applicable to the Work.

Appears in 1 contract

Sources: Design Build Agreement

Unsafe Materials and Hazardous Materials. Section 3.11.1 4.13.1 The Design-Builder shall not bring, spill or release onto the site asbestos, PCBs, or any other Hazardous Material that is not customarily used in a facility of the type and similar to the Project, and shall bring to the Department’s attention any specification of such Hazardous Materials in the design Project documents. If the Design-Builder believes that anything in the Contract Agreement would require that it use or bring onto the site asbestos, PCBs, or any Hazardous Material that is not customarily used in a facility of the type and similar to the Project, it shall immediately inform the Department and seek direction before proceeding. Section 3.11.2 If the 4.13.2 The Design-Builder discovers shall ▇▇▇▇▇ and remove Hazardous Materials on or within the site, it shall immediately notify site as necessary to complete the Department, in writing, and shall promptly coordinate with separate contractors engaged Work contemplated by the Department to remove, treat, encapsulate, passivate, and/or dispose of the Hazardous Materialsthis Agreement. The Design-Builder shall comply with all laws, including, without limitation, the requirements of the EPA and all jurisdictional agencies as well as all laws relating to safety, health welfare, and protection of the environment, in removing, treating, encapsulating, passivating, and/or disposing of Hazardous Materials, including, but not limited to, removal, treatment, encapsulation, passivation, and/or disposal of the Hazardous Materials. If any notices to governmental authorities are required, the Design-Builder shall also give those notices at the appropriate times. The Design-Builder shall ensure abatement subcontractors and disposal sites are appropriately licensed and qualified. In addition, the Design-Builder shall ensure that any subcontractors involved in the abatement of hazardous materials maintain a contractor’s pollution legal liability insurance policy of at least Two Million Dollars ($2,000,000) for the duration of the Project and a period of three (3) years after Substantial Completion of the Project, and that any disposal site to which hazardous materials are taken carries environmental impairment liability insurance for the duration of the Project and a period of three (3) years after Substantial Completion of the Project. Section 3.11.3 4.13.3 The Design-Builder shall be entitled to submit a Change Request in accordance with Article 4 of the Standard Contract Provisions (Construction Contracts) in the event the Design Design-Builder encounters Hazardous Materials beyond those contemplated in the Contract DocumentsProject documents. Section 3.11.4 4.13.4 The Design-Builder shall keep detailed records documenting Project 2umenting Work done so that the Department may independently verify compliance with all laws, the number of units actually removed, treated, and/or disposed of, and the appropriate unit price(s) applicable to the Work.

Appears in 1 contract

Sources: Design Build Agreement

Unsafe Materials and Hazardous Materials. Section 3.11.1 4.13.1. The Design-Builder shall not bring, spill or release onto the site asbestos, PCBs, or any other Hazardous Material that is not customarily used in a facility of the type and similar to the Project, and shall bring to the Department’s attention any specification of such Hazardous Materials in the design documents. If the Design-Builder believes that anything in the Contract Agreement would require that it use or bring onto the site asbestos, PCBs, or any Hazardous Material that is not customarily used in a facility of the type and similar to the Project, it shall immediately inform the Department and seek direction before proceeding. Section 3.11.2 If the 4.13.2. The Design-Builder discovers shall ▇▇▇▇▇ and remove Hazardous Materials on or within the site, it shall immediately notify site as necessary to complete the Department, in writing, and shall promptly coordinate with separate contractors engaged Work contemplated by the Department to remove, treat, encapsulate, passivate, and/or dispose of the Hazardous Materialsthis Agreement. The Design-Builder shall comply with all laws, including, without limitation, the requirements of the EPA and all jurisdictional agencies as well as all laws relating to safety, health welfare, and protection of the environment, in removing, treating, encapsulating, passivating, and/or disposing of Hazardous Materials, including, but not limited to, removal, treatment, encapsulation, passivation, and/or disposal of the Hazardous MaterialsHazardous 4.13.3. If any notices to governmental authorities are required, the Design-Builder shall also give those notices at the appropriate times. The Design-Builder shall ensure abatement subcontractors and disposal sites are appropriately licensed and qualified. In addition, the Design-Builder shall ensure that any subcontractors involved in the abatement of hazardous materials maintain a contractor’s pollution legal liability insurance policy of at least Two Million Dollars ($2,000,000) for the duration of the Project and a period of three (3) years after Substantial Completion of the Project, and that any disposal site to which hazardous materials are taken carries environmental impairment liability insurance for the duration of the Project and a period of three (3) years after Substantial Completion of the Project. Section 3.11.3 The Design-Builder shall be entitled to submit a Change Request in accordance with Article 4 of the Standard Contract Provisions in the event the Design Design- Builder encounters Hazardous Materials beyond those contemplated in the Contract Documents. Section 3.11.4 4.13.4. The Design-Builder shall keep detailed records documenting Work done so that the Department may independently verify compliance with all laws, the number of units actually removed, treated, and/or disposed of, and the appropriate unit price(s) applicable to the Work.

Appears in 1 contract

Sources: Design Build Agreement

Unsafe Materials and Hazardous Materials. Section 3.11.1 4.12.1. The Design-Builder Contractor shall not bring, spill or release onto the site asbestos, Polychlorinated biphenyls ("PCBs”), or any other Hazardous Material that is not customarily used in a facility of the type and similar to the Project, and shall bring to the Department’s attention any specification of such Hazardous Materials in the design documents. If the Design-Builder Contractor believes that anything in the Contract Agreement would require that it use or bring onto the site asbestos, PCBs, or any Hazardous Material that is not customarily used in a facility of the type and similar to the Project, it shall immediately inform the Department and seek direction before proceeding. Section 3.11.2 If the Design-Builder discovers 4.12.2. The Contractor shall ▇▇▇▇▇ Hazardous Materials on the site, it shall immediately notify site as necessary to complete the Department, in writing, and shall promptly coordinate with separate contractors engaged Work contemplated by the Department to remove, treat, encapsulate, passivate, and/or dispose of the Hazardous Materialsthis Agreement. The Design-Builder Contractor shall comply with all laws, including, without limitation, the requirements of the EPA Environmental Protection Agency (“EPA”) and all jurisdictional agencies as well as all laws relating to safety, health welfare, and protection of the environment, in removing, treating, encapsulating, passivating, and/or disposing of Hazardous Materials, including, but not limited to, removal, treatment, encapsulation, passivation, and/or disposal of the Hazardous Materials. If any notices to governmental authorities are required, the Design-Builder Contractor shall also give those notices at the appropriate times. The Design-Builder Contractor shall ensure abatement subcontractors and disposal sites are appropriately licensed and qualified. In addition, the Design-Builder shall ensure that any subcontractors involved in the abatement of hazardous materials maintain a contractor’s pollution legal liability insurance policy of at least Two Million Dollars ($2,000,000) for the duration of the Project and a period of three (3) years after Substantial Completion of the Project, and that any disposal site to which hazardous materials are taken carries environmental impairment liability insurance for the duration of the Project and a period of three (3) years after Substantial Completion of the Project. Section 3.11.3 4.12.3. The Design-Builder Contractor shall be entitled to submit a Change Request in accordance with Article 4 of the Standard Contract Provisions (Construction Contract) in the event the Design Builder Contractor encounters Hazardous Materials beyond those contemplated in the Contract Documents. Section 3.11.4 4.12.4. The Design-Builder Contractor shall keep detailed records documenting Work done so that the Department may independently verify compliance with all laws, the number of units actually removed, treated, and/or disposed of, and the appropriate unit price(s) applicable to the Work.

Appears in 1 contract

Sources: Construction Management at Risk Agreement

Unsafe Materials and Hazardous Materials. Section 3.11.1 4.12.1. The Design-Builder Contractor shall not bring, spill or release onto the site asbestos, PCBsPolychlorinated biphenyls%-“PCBs”), or any other Hazardous Material that is not customarily used in a facility of the type and similar to the Project, and shall bring to the Department’s attention any specification of such Hazardous Materials in the design documents. If the Design-Builder Contractor believes that anything in the Contract Agreement would require that it use or bring onto the site asbestos, PCBs, or any Hazardous Material that is not customarily used in a facility of the type and similar to the Project, it shall immediately inform the Department and seek direction before proceeding. Section 3.11.2 If the Design-Builder discovers 4.12.2. The Contractor shall ▇▇▇▇▇ Hazardous Materials on the site, it shall immediately notify site as necessary to complete the Department, in writing, and shall promptly coordinate with separate contractors engaged Work contemplated by the Department to remove, treat, encapsulate, passivate, and/or dispose of the Hazardous Materialsthis Agreement. The Design-Builder Contractor shall comply with all laws, including, without limitation, the requirements of the EPA Environmental Protection Agency (“EPA”) and all jurisdictional agencies as well as all laws relating to safety, health welfare, and protection of the environment, in removing, treating, encapsulating, passivating, and/or disposing of Hazardous Materials, including, but not limited to, removal, treatment, encapsulation, passivation, and/or disposal of the Hazardous Materials. If any notices to governmental authorities are required, the Design-Builder Contractor shall also give those notices at the appropriate times. The Design-Builder Contractor shall ensure abatement subcontractors and disposal sites are appropriately licensed and qualified. In addition, the Design-Builder shall ensure that any subcontractors involved in the abatement of hazardous materials maintain a contractor’s pollution legal liability insurance policy of at least Two Million Dollars ($2,000,000) for the duration of the Project and a period of three (3) years after Substantial Completion of the Project, and that any disposal site to which hazardous materials are taken carries environmental impairment liability insurance for the duration of the Project and a period of three (3) years after Substantial Completion of the Project. Section 3.11.3 4.12.3. The Design-Builder Contractor shall be entitled to submit a Change Request in accordance with Article 4 of the Standard Contract Provisions (Construction Contracts) in the event the Design Builder Contractor encounters Hazardous Materials beyond those contemplated in the Contract Documents. Section 3.11.4 4.12.4. The Design-Builder Contractor shall keep detailed records documenting Work done so that the Department may independently verify compliance with all laws, the number of units actually removed, treated, and/or disposed of, and the appropriate unit price(s) applicable to the Work.

Appears in 1 contract

Sources: Construction Management Agreement