Common use of ECR Number Environmental Commitment Record Requirements Description of ADOT Clause in Contracts

ECR Number Environmental Commitment Record Requirements Description of ADOT. Responsibilities WUS-2 If more time is required to complete the South Mountain Freeway than authorized by the Section 404 of the CWA permit, ADOT will submit a request for a time extension to USACE and ADEQ at least 1 month prior to reaching the authorized date. ADOT to oversee for compliance WUS-3 If previously unidentified cultural resources are encountered in or adjacent to waters of the United States during the construction of the freeway, ADOT will notify FHWA and USACE immediately to make arrangements for the proper treatment of those resources. Developer must alert ADOT immediately if any unidentified cultural resources are encountered during activity related to the construction of the freeway. ADOT will make arrangements for the proper treatment of those resources and notify the appropriate agencies to evaluate the significance of those resources. WUS-4 If ADOT sells the freeway, ADOT will obtain the signature of the new owner in the applicable space provided in the permit and will forward a copy of the permit to USACE to validate the transfer of the authorization. ADOT will satisfy this commitment. WUS-5 ADOT will provide a copy of the Section 401 water quality certification conditions to all appropriate contractors and subcontractors. ADOT will post a copy of these conditions in a water-resistant location at the construction site where it may be seen by workers. ADOT to oversee for compliance WUS-6a ADOT will maintain the project authorized by the permit in good condition and in conformance with the terms and conditions of the permit. ADOT to oversee for compliance WUS-6b ADOT will not be relieved of this condition even if ADOT abandons the project. Should ADOT cease to maintain the freeway or abandon the freeway without a good faith transfer, ADOT will obtain a modification of the CWA Section 404 permit from USACE. ADOT will satisfy this commitment.

ECR Number Environmental Commitment Record Requirements Description of ADOT. Responsibilities WUS-2 If more time is required to complete the South Mountain Freeway than authorized by the Section 404 of the CWA permitWUS-8 When construction begins, ADOT will submit a request for a time extension to notify ADEQ and USACE and ADEQ at least 1 month prior to reaching the authorized start date. When notification is made, ADOT will provide the start date and the name and phone number of the primary contractor and a contact person. When the activities are completed, ADOT will notify ADEQ and USACE after project completion as required by the CWA Section 401 certification and CWA Section 404 permit. ADOT to oversee for compliance WUS-3 If previously unidentified cultural resources are encountered WUS-9 ADOT will comply with all conditions set forth in or adjacent to waters the CWA Section 404 permit, CWA Section 401 certification, and CWA Section 402 construction general permit made as part of the United States during the construction of the freeway, ADOT will notify FHWA and USACE immediately to make arrangements for the proper treatment of those resources. Developer must alert ADOT immediately if any unidentified cultural resources are encountered during activity related to the construction of the freeway. ADOT will make arrangements for the proper treatment of those resources and notify the appropriate agencies to evaluate the significance of those resources. WUS-4 If ADOT sells the freeway, ADOT will obtain the signature of the new owner in the applicable space provided in the permit and will forward a copy of the permit to USACE to validate the transfer of the authorization. ADOT will satisfy this commitment. WUS-5 ADOT will provide a copy of the Section 401 water quality certification conditions to all appropriate contractors and subcontractors. ADOT will post a copy of these conditions in a water-resistant location at the construction site where it may be seen by workersproject. ADOT to oversee for compliance WUS-6a WUS-10 Prior to initiating construction activities under the permit, ADOT will maintain ensure that all appropriate contractors and subcontractors have been provided with a copy of the project authorized by Section 404 authorization. This is to confirm that the permit in good condition and in conformance contractor(s) will comply with the terms and conditions of the Section 404 authorization and that a copy of the permit is maintained on-site. ADOT to oversee for compliance WUS-11 After completion of the proposed project, the washes will be returned to a preconstruction elevation. [see Section DR 420.3.7 of the TPs] ADOT to oversee for compliance WUS-12 Pollution from the operation of equipment in the floodplain shall be cleaned up and removed by the contractor before it can be washed into a watercourse. Spills will be promptly cleaned and properly disposed. ADOT to oversee for compliance WUS-13 Temporary erosion and sediment control measures will be installed, at a minimum, according to ADOT’s Standard Specifications for Road and Bridge Construction (2008) and Erosion and Pollution Control Manual (2012b), prior to construction and will be maintained as necessary during construction and will not be installed in a manner that causes noncompliance with the Section 404 permit. ADOT to oversee for compliance WUS-6b TP Attachment ▇▇▇-▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Project Record of Decision (ROD) Developer’s Environmental Commitment Requirements The following table includes the Project-specific environmental commitments as written in the ROD, with minor modifications for clarification purposes. As it relates to these Technical Provisions, references to freeway, project, South Mountain Freeway, proposed action, proposed freeway, and Selected Alternative mean the Project, and references to contractor mean Developer. Developer shall comply with and perform all of the contractor and ADOT requirements, including the ADOT obligations, commitments, and responsibilities, identified in the following table, except to the extent of those requirements that are specifically identified in the third column, entitled “Description of ADOT Responsibilities,” which are not delegated to Developer. ECR Number Environmental Commitment Record Requirements Description of ADOT Responsibilities WUS-14 If permanent erosion and sediment control measures are required, they will be installed as soon as practicable, preferably prior to construction activities, and will be maintained throughout the life of the project. Permanent erosion and sediment control measures will be located to protect downstream entities from construction impacts when there will be a flow in watercourses within the project boundary. ADOT to oversee for compliance WUS-15 Any soil contaminated as a result of contractors’ operations shall be assessed and then disposed of in an appropriate, approved disposal facility. ADOT to oversee for compliance WUS-16 No excavation, fill, or leveling will be permitted in the watercourses outside the boundaries of the permitted work area. ADOT to oversee for compliance WUS-17 No fill will be taken from any watercourse outside the boundaries of the permitted work area. Fill will come from an area outside the OHWM of any watercourses and will be free of any contaminants or pollutants. ADOT to oversee for compliance WUS-18 Heavy equipment traffic shall be restricted from entering the watercourses outside the boundaries of the permitted work area. Appropriate barricades shall be installed to preclude this activity. ADOT to oversee for compliance WUS-19 During construction, the work sites shall be maintained such that no construction debris or material spillover shall be allowed in the watercourses. Upon completion of the work, all construction debris and excess material shall be removed from the job sites and disposed of appropriately outside the USACE jurisdictional areas. ADOT to oversee for compliance WUS-20 During construction, appropriate measures shall be taken to accommodate flows within the watercourses, such that waters will not be relieved of this condition even if diverted outside the OHWM. ADOT abandons the project. Should ADOT cease to maintain the freeway or abandon the freeway without a good faith transfer, oversee for compliance WUS-21 ADOT will obtain a modification fence, stake, or flag the construction limits for work within waters of the CWA Section 404 permit from United States ADOT to oversee for compliance WUS-22 ADOT will mitigate for any permanent loss of waters of the United States, as required by USACE. ADOT will satisfy this commitmentto oversee for compliance TP Attachment ▇▇▇-▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Project Record of Decision (ROD) Developer’s Environmental Commitment Requirements The following table includes the Project-specific environmental commitments as written in the ROD, with minor modifications for clarification purposes. As it relates to these Technical Provisions, references to freeway, project, South Mountain Freeway, proposed action, proposed freeway, and Selected Alternative mean the Project, and references to contractor mean Developer. Developer shall comply with and perform all of the contractor and ADOT requirements, including the ADOT obligations, commitments, and responsibilities, identified in the following table, except to the extent of those requirements that are specifically identified in the third column, entitled “Description of ADOT Responsibilities,” which are not delegated to Developer.

ECR Number Environmental Commitment Record Requirements Description of ADOT. Responsibilities WUS-2 If more time Retained Obligations WUS-8 When construction begins, ADOT will notify ADEQ and USACE prior to the start date. When notification is made, ADOT will provide the start date and the name and phone number of the primary contractor and a contact person. When the activities are completed, ADOT will notify ADEQ and USACE after project completion as required to complete the South Mountain Freeway than authorized by the CWA Section 401 certification and CWA Section 404 permit. ADOT has the right to oversee Developer’s performance for compliance. WUS-9 ADOT will comply with all conditions set forth in the CWA Section 404 permit, CWA Section 401 certification, and CWA Section 402 construction general permit made as part of the CWA project. ADOT has the right to oversee Developer’s performance for compliance. WUS-10 Prior to initiating construction activities under the permit, ADOT will submit a request for a time extension to USACE ensure that all appropriate contractors and ADEQ at least 1 month prior to reaching the authorized date. ADOT to oversee for compliance WUS-3 If previously unidentified cultural resources are encountered in or adjacent to waters of the United States during the construction of the freeway, ADOT will notify FHWA and USACE immediately to make arrangements for the proper treatment of those resources. Developer must alert ADOT immediately if any unidentified cultural resources are encountered during activity related to the construction of the freeway. ADOT will make arrangements for the proper treatment of those resources and notify the appropriate agencies to evaluate the significance of those resources. WUS-4 If ADOT sells the freeway, ADOT will obtain the signature of the new owner in the applicable space subcontractors have been provided in the permit and will forward a copy of the permit to USACE to validate the transfer of the authorization. ADOT will satisfy this commitment. WUS-5 ADOT will provide with a copy of the Section 401 water quality certification conditions 404 authorization. This is to all appropriate contractors and subcontractors. ADOT confirm that the contractor(s) will post a copy of these conditions in a water-resistant location at the construction site where it may be seen by workers. ADOT to oversee for compliance WUS-6a ADOT will maintain the project authorized by the permit in good condition and in conformance comply with the terms and conditions of the Section 404 authorization and that a copy of the permit is maintained on-site. ADOT has the right to oversee Developer’s performance for compliance. WUS-11 After completion of the proposed project, the washes will be returned to a preconstruction elevation. [see Section DR 420.3.7 of the TPs] ADOT has the right to oversee Developer’s performance for compliance. WUS-12 Pollution from the operation of equipment in the floodplain shall be cleaned up and removed by the contractor before it can be washed into a watercourse. Spills will be promptly cleaned and properly disposed. ADOT has the right to oversee Developer’s performance for compliance. WUS-13 Temporary erosion and sediment control measures will be installed, at a minimum, according to ADOT’s Standard Specifications for Road and Bridge Construction (2008) and Erosion and Pollution Control Manual (2012b), prior to construction and will be maintained as necessary during construction and will not be installed in a manner that causes noncompliance with the Section 404 permit. ADOT has the right to oversee Developer’s performance for compliance WUS-6b ADOT will not be relieved compliance. TP Attachment 420-1 South Mountain Freeway Project Record of this condition even if ADOT abandons Decision (ROD) Developer’s Environmental Commitment Requirements The following table includes the Project-specific environmental commitments as written in the ROD, with minor modifications for clarification purposes. As it relates to these Technical Provisions, references to freeway, project, South Mountain Freeway, proposed action, proposed freeway, and Selected Alternative mean the Project, and references to contractor mean Developer. Should ADOT cease to maintain the freeway or abandon the freeway without a good faith transfer, ADOT will obtain a modification Developer shall comply with and perform all of the CWA Section 404 permit from USACE. contractor and ADOT will satisfy this commitmentrequirements, including the ADOT obligations, commitments, and responsibilities, identified in the following table, except to the extent of those requirements that are specifically identified in the third column, entitled “Description of ADOT Responsibilities,” which are not delegated to Developer.

ECR Number Environmental Commitment Record Requirements Description of ADOT. Responsibilities Retained Obligations WUS-2 If more time is required to complete the South Mountain Freeway than authorized by the Section 404 of the CWA permit, ADOT will submit a request for a time extension to USACE and ADEQ at least 1 month prior to reaching the authorized date. ADOT has the right to oversee Developer’s performance for compliance compliance. WUS-3 If previously unidentified cultural resources are encountered in or adjacent to waters of the United States during the construction of the freeway, ADOT will notify FHWA and USACE immediately to make arrangements for the proper treatment of those resources. Developer must shall alert ADOT immediately if any unidentified cultural resources are encountered during activity related to the construction of the freeway. ADOT will make arrangements for the proper treatment of those resources and notify the appropriate agencies to evaluate the significance of those resources. WUS-4 If ADOT sells the freeway, ADOT will obtain the signature of the new owner in the applicable space provided in the permit and will forward a copy of the permit to USACE to validate the transfer of the authorization. ADOT will satisfy retains this commitmentobligation. WUS-5 ADOT will provide a copy of the Section 401 water quality certification conditions to all appropriate contractors and subcontractors. ADOT will post a copy of these conditions in a water-resistant location at the construction site where it may be seen by workers. ADOT has the right to oversee Developer’s performance for compliance compliance. WUS-6a ADOT will maintain the project authorized by the permit in good condition and in conformance with the terms and conditions of the permit. ADOT has the right to oversee Developer’s performance for compliance compliance. WUS-6b ADOT will not be relieved of this condition even if ADOT abandons the project. Should ADOT cease to maintain the freeway or abandon the freeway without a good faith transfer, ADOT will obtain a modification of the CWA Section 404 permit from USACE. ADOT retains this obligation. WUS-7 If a substantive change/modification to the project is necessary, ADOT will satisfy this commitmentprovide notice and supporting information to FHWA, ADEQ, and USACE for review. ADOT has the right to oversee Developer’s performance for compliance. TP Attachment 420-1 South Mountain Freeway Project Record of Decision (ROD) Developer’s Environmental Commitment Requirements The following table includes the Project-specific environmental commitments as written in the ROD, with minor modifications for clarification purposes. As it relates to these Technical Provisions, references to freeway, project, South Mountain Freeway, proposed action, proposed freeway, and Selected Alternative mean the Project, and references to contractor mean Developer. Developer shall comply with and perform all of the contractor and ADOT requirements, including the ADOT obligations, commitments, and responsibilities, identified in the following table, except to the extent of those requirements that are specifically identified in the third column, entitled “Description of ADOT Responsibilities,” which are not delegated to Developer.

ECR Number Environmental Commitment Record Requirements Description of ADOT. Responsibilities Retained Obligations WUS-2 If more time is required to complete the South Mountain Freeway than authorized by the Section 404 of the CWA permit, ADOT will submit a request for a time extension to USACE and ADEQ at least 1 month prior to reaching the authorized date. ADOT None retained; all delegated to oversee for compliance Developer.. WUS-3 If previously unidentified cultural resources are encountered in or adjacent to waters of the United States during the construction of the freeway, ADOT will notify FHWA and USACE immediately to make arrangements for the proper treatment of those resources. Developer must shall alert ADOT immediately if any unidentified cultural resources are encountered during activity related to the construction of the freeway. ADOT will make arrangements for the proper treatment of those resources and notify the appropriate agencies to evaluate the significance of those resources. WUS-4 If ADOT sells the freeway, ADOT will obtain the signature of the new owner in the applicable space provided in the permit and will forward a copy of the permit to USACE to validate the transfer of the authorization. ADOT will satisfy retains this commitmentobligation. WUS-5 ADOT will provide a copy of the Section 401 water quality certification conditions to all appropriate contractors and subcontractors. ADOT will post a copy of these conditions in a water-resistant location at the construction site where it may be seen by workers. ADOT None retained; all delegated to oversee for compliance Developer. WUS-6a ADOT will maintain the project authorized by the permit in good condition and in conformance with the terms and conditions of the permit. ADOT None retained; all delegated to oversee for compliance Developer. WUS-6b ADOT will not be relieved of this condition even if ADOT abandons the project. Should ADOT cease to maintain the freeway or abandon the freeway without a good faith transfer, ADOT will obtain a modification of the CWA Section 404 permit from USACE. ADOT retains this obligation. WUS-7 If a substantive change/modification to the project is necessary, ADOT will satisfy this commitmentprovide notice and supporting information to FHWA, ADEQ, and USACE for review. None retained; all delegated to Developer. TP Attachment ▇▇▇-▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Project Record of Decision (ROD) Developer’s Environmental Commitment Requirements The following table includes the Project-specific environmental commitments as written in the ROD, with minor modifications for clarification purposes. As it relates to these Technical Provisions, references to freeway, project, South Mountain Freeway, proposed action, proposed freeway, and Selected Alternative mean the Project, and references to contractor mean Developer. Developer is responsible for performing and complying with all obligations of ADOT, except those obligations that are specifically identified below as being the obligations of ADOT.

ECR Number Environmental Commitment Record Requirements Description of ADOT. Responsibilities WUS-2 If more time is required to complete the South Mountain Freeway than authorized by the Section 404 of the CWA permitWUS-8 When construction begins, ADOT will submit a request for a time extension to notify ADEQ and USACE and ADEQ at least 1 month prior to reaching the authorized start date. When notification is made, ADOT will provide the start date and the name and phone number of the primary contractor and a contact person. When the activities are completed, ADOT will notify ADEQ and USACE after project completion as required by the CWA Section 401 certification and CWA Section 404 permit. ADOT to oversee for compliance WUS-3 If previously unidentified cultural resources are encountered WUS-9 ADOT will comply with all conditions set forth in or adjacent to waters the CWA Section 404 permit, CWA Section 401 certification, and CWA Section 402 construction general permit made as part of the United States during the construction of the freeway, ADOT will notify FHWA and USACE immediately to make arrangements for the proper treatment of those resources. Developer must alert ADOT immediately if any unidentified cultural resources are encountered during activity related to the construction of the freeway. ADOT will make arrangements for the proper treatment of those resources and notify the appropriate agencies to evaluate the significance of those resources. WUS-4 If ADOT sells the freeway, ADOT will obtain the signature of the new owner in the applicable space provided in the permit and will forward a copy of the permit to USACE to validate the transfer of the authorization. ADOT will satisfy this commitment. WUS-5 ADOT will provide a copy of the Section 401 water quality certification conditions to all appropriate contractors and subcontractors. ADOT will post a copy of these conditions in a water-resistant location at the construction site where it may be seen by workersproject. ADOT to oversee for compliance WUS-6a WUS-10 Prior to initiating construction activities under the permit, ADOT will maintain ensure that all appropriate contractors and subcontractors have been provided with a copy of the project authorized by Section 404 authorization. This is to confirm that the permit in good condition and in conformance contractor(s) will comply with the terms and conditions of the Section 404 authorization and that a copy of the permit is maintained on-site. ADOT to oversee for compliance WUS-11 After completion of the proposed project, the washes will be returned to a preconstruction elevation. [see Section DR 420.3.7 of the TPs] ADOT to oversee for compliance WUS-12 Pollution from the operation of equipment in the floodplain shall be cleaned up and removed by the contractor before it can be washed into a watercourse. Spills will be promptly cleaned and properly disposed. ADOT to oversee for compliance WUS-13 Temporary erosion and sediment control measures will be installed, at a minimum, according to ADOT’s Standard Specifications for Road and Bridge Construction (2008) and Erosion and Pollution Control Manual (2012b), prior to construction and will be maintained as necessary during construction and will not be installed in a manner that causes noncompliance with the Section 404 permit. ADOT to oversee for compliance WUS-6b TP Attachment 420-▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ject Record of Decision (ROD) Developer’s Environmental Commitment Requirements The following table includes the Project-specific environmental commitments as written in the ROD, with minor modifications for clarification purposes. As it relates to these Technical Provisions, references to freeway, project, South Mountain Freeway, proposed action, proposed freeway, and Selected Alternative mean the Project, and references to contractor mean Developer. Developer shall comply with and perform all of the contractor and ADOT requirements, including the ADOT obligations, commitments, and responsibilities, identified in the following table, except to the extent of those requirements that are specifically identified in the third column, entitled “Description of ADOT Responsibilities,” which are not delegated to Developer. ECR Number Environmental Commitment Record Requirements Description of ADOT Responsibilities WUS-14 If permanent erosion and sediment control measures are required, they will be installed as soon as practicable, preferably prior to construction activities, and will be maintained throughout the life of the project. Permanent erosion and sediment control measures will be located to protect downstream entities from construction impacts when there will be a flow in watercourses within the project boundary. ADOT to oversee for compliance WUS-15 Any soil contaminated as a result of contractors’ operations shall be assessed and then disposed of in an appropriate, approved disposal facility. ADOT to oversee for compliance WUS-16 No excavation, fill, or leveling will be permitted in the watercourses outside the boundaries of the permitted work area. ADOT to oversee for compliance WUS-17 No fill will be taken from any watercourse outside the boundaries of the permitted work area. Fill will come from an area outside the OHWM of any watercourses and will be free of any contaminants or pollutants. ADOT to oversee for compliance WUS-18 Heavy equipment traffic shall be restricted from entering the watercourses outside the boundaries of the permitted work area. Appropriate barricades shall be installed to preclude this activity. ADOT to oversee for compliance WUS-19 During construction, the work sites shall be maintained such that no construction debris or material spillover shall be allowed in the watercourses. Upon completion of the work, all construction debris and excess material shall be removed from the job sites and disposed of appropriately outside the USACE jurisdictional areas. ADOT to oversee for compliance WUS-20 During construction, appropriate measures shall be taken to accommodate flows within the watercourses, such that waters will not be relieved of this condition even if diverted outside the OHWM. ADOT abandons the project. Should ADOT cease to maintain the freeway or abandon the freeway without a good faith transfer, oversee for compliance WUS-21 ADOT will obtain a modification fence, stake, or flag the construction limits for work within waters of the CWA Section 404 permit from United States ADOT to oversee for compliance WUS-22 ADOT will mitigate for any permanent loss of waters of the United States, as required by USACE. ADOT will satisfy this commitmentto oversee for compliance TP Attachment 420-▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ject Record of Decision (ROD) Developer’s Environmental Commitment Requirements The following table includes the Project-specific environmental commitments as written in the ROD, with minor modifications for clarification purposes. As it relates to these Technical Provisions, references to freeway, project, South Mountain Freeway, proposed action, proposed freeway, and Selected Alternative mean the Project, and references to contractor mean Developer. Developer shall comply with and perform all of the contractor and ADOT requirements, including the ADOT obligations, commitments, and responsibilities, identified in the following table, except to the extent of those requirements that are specifically identified in the third column, entitled “Description of ADOT Responsibilities,” which are not delegated to Developer.