Common use of Environmental Work Clause in Contracts

Environmental Work. i) If Hazardous Materials contamination unrelated to Owner’s utility facilities is discovered on the Project Site by the Constructing Party, the Constructing Party shall promptly notify the other Party of such Hazardous Materials contamination and, if Owner is the Constructing Party, Owner shall cease all construction of Relocation at the location in question until such time as Environmental Work at that location has been completed. Owner shall not be responsible to conduct or pay the costs of Environmental Work, except as specifically prescribed in this Article 7(d). ii) The previous paragraph notwithstanding, the Responsible Party is responsible for the cost of, and the Constructing Party shall perform, any Environmental Work necessitated by the removal of intact Owner Utility materials that happen to contain or constitute Hazardous Materials. iii) In addition, to the extent that any Environmental Work is required to remediate Hazardous Materials contamination caused by (A) the construction, operation, or maintenance of Owner’s Utility in its existing location and/or (B) negligent or willful acts or omissions of Design Build Contractors in constructing the Relocation (“Excluded Environmental Work”), Design Build Contractor shall be responsible for the costs of all such Excluded Environmental Work and may be required to undertake such Excluded Environmental Work. iv) CDOT shall extend the deadline for completion of Relocations effected by Hazardous Materials contamination while Environmental Work and/or any Excluded Environmental Work described in Article 7(d)(iii)(A) is undertaken. Owner shall make reasonable efforts to redistribute its Relocation crews to other Relocation sites while unable to perform at any contaminated location.

Environmental Work. i) If Hazardous Materials contamination unrelated to Owner’s utility facilities is discovered on the Project Site by the Constructing Party, the Constructing Party shall promptly notify the other Party of such Hazardous Materials contamination and, if Owner is the Constructing Party, Owner shall cease all construction of Relocation at the location in question until such time as Environmental Work at that location has been completed. Owner shall not be responsible to conduct or pay the costs of Environmental Work, except as specifically prescribed in this Article 7(d). ii) . The previous paragraph notwithstanding, the Responsible Party is responsible for the cost of, and the Constructing Party shall perform, any Environmental Work necessitated by the removal of intact Owner Utility materials that happen to contain or constitute Hazardous Materials. iii) . In addition, to the extent that any Environmental Work is required to remediate Hazardous Materials contamination caused by (A) the construction, operation, or maintenance of Owner’s Utility in its existing location and/or (B) negligent or willful acts or omissions of Design Build Owner or its Contractors in constructing the Relocation (“Excluded Environmental Work”), Design Build Contractor Owner shall be responsible for the costs of all such Excluded Environmental Work and may be required to undertake such Excluded Environmental Work. iv) . CDOT shall extend the deadline for completion of Relocations effected by Hazardous Materials contamination while Environmental Work and/or any Excluded Environmental Work described in Article 7(d)(iii)(A) is undertaken. Owner shall make reasonable efforts to redistribute its Relocation crews to other Relocation sites while unable to perform at any contaminated location. Credits If CDOT seeks Depreciation Value credit pursuant to 23 C.F.R. 645 for a Utility Relocation for which CDOT is the Responsible Party, Owner shall furnish evidence of the period of actual length of service and total life expectancy of the Utility as well as evidence of the original cost to install the Utility. Based upon the submitted evidence, the Cost of Relocation shown on any Work Order shall reflect the Depreciation Value credit due. Owner shall furnish CDOT with evidence of any Salvage Value received for a Utility Relocation for which CDOT is the Responsible Party, as required by 23 C.F.R. 645. Based upon the submitted evidence, the Cost of Relocation shown on the Work Order shall reflect the Salvage Value credit due. Where CDOT is also the Constructing Party, salvageable Utility property or material removed during Relocation that is not reused shall become the property of CDOT, unless otherwise noted in the Work Order. Where possible, the Cost of Relocation shall be negotiated on a “lump-sum” rather than on an “actual cost” basis. However, no lump-sum arrangement will be entered into for any Relocation if such arrangement would preclude federal reimbursement pursuant to ▇▇ ▇▇▇ ▇▇▇. If the Cost of Relocation is negotiated on a lump-sum basis, each Party’s financial obligation (if any) for the Relocation shall be limited to the lump-sum amount expressly stated and itemized in the Work Order issued for that Relocation. If the Cost of Relocation is negotiated on an actual cost basis, the amount shown on the Work Order shall be an estimated cost, which estimate shall not be exceeded without written amendment of the Work Order. Responsibility for the Cost of Relocation shall not bind the Responsible Party until the Work Order is executed by the Responsible Party. Reimbursement, as necessary, is governed by Article 16.