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 WRE-11 A copy of the certificate authorizing permit coverage and a copy of the Notice of Termination acknowledgement letter will be sent to ADOT EPG, Glendale, Phoenix, Chandler, Goodyear, Tolleson, and Avondale, as appropriate, based on the location of project activities ADOT to oversee for compliance WRE-12 ADOT will comply with the State of Arizona Surface Water Quality Standard Rules (18 A.A.C. § 11). ADOT to oversee for compliance WRE-13 Water used for dust suppression will not contain contaminants that could violate ADEQ water quality standards for surface waters or aquifers and will not be discharged off site. ADOT will obtain the necessary permits for such activities. ADOT to oversee for compliance Floodplain FLD-1 Bridge structures will be designed to cross floodplains in such a way that their support piers and abutments will not contribute to a rise in floodwater elevation of more than a foot. ADOT to oversee for compliance FLD-2 Floodplain impacts will be minimized by implementing transverse crossings of the floodplain and avoiding longitudinal encroachments. ADOT to oversee for compliance FLD-3 The Maricopa County Floodplain Manager will be given an opportunity to review and comment on the design plans. ADOT to oversee for compliance FLD-4 On-site drainage design must be performed using the procedures in FHWA’s Urban Drainage Design Manual, Hydraulic Engineering Circular No. 22 (2009b, with revisions). ADOT to 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 WRE-11 A copy FLD-5 The hydraulic design of the certificate authorizing permit coverage and a copy of the Notice of Termination acknowledgement letter will be sent to ADOT EPG, Glendale, Phoenix, Chandler, Goodyear, Tolleson, and Avondale, as appropriate, based on the location of project activities ADOT to oversee for compliance WRE-12 ADOT will comply with the State of Arizona Surface Water Quality Standard Rules (18 A.A.C. § 11). ADOT to oversee for compliance WRE-13 Water used for dust suppression will not contain contaminants that could violate ADEQ water quality standards for surface waters or aquifers and will not be discharged off site. ADOT will obtain the necessary permits for such activities. ADOT to oversee for compliance Floodplain FLD-1 Bridge structures will be designed to cross floodplains in such a way that their support piers and abutments will not contribute to a rise in floodwater elevation of more than a foot. ADOT to oversee for compliance FLD-2 Floodplain impacts will be minimized by implementing transverse crossings of the floodplain and avoiding longitudinal encroachments. ADOT to oversee for compliance FLD-3 The Maricopa County Floodplain Manager will be given an opportunity to review and comment on the design plans. ADOT to oversee for compliance FLD-4 On-site drainage design culverts must be performed using the procedures in FHWA’s Urban Drainage Hydraulic Design ManualSeries No. 5, Hydraulic Engineering Circular NoDesign of Highway Culverts (2012). 22 Other criteria include: • Culverts must be sized, at a minimum, based on the design discharge of a 50-year storm. • With the 100-year storm, water levels must not significantly increase the flood damage potential on areas outside of the proposed R/W or as noted in accordance with ADOT’s Roadway Design Guidelines (2009b2012a), Section 611.3.C. • Reinforced concrete box culvert and reinforced concrete pipe must be provided with revisions)adequate cover. • Outflow discharges from detention basins must not cause peak discharges downstream greater than peak discharges without the project. ADOT to oversee for compliance FLD-6 Comprehensive hydrologic, hydraulic, sediment transport, and erosion-related assessments regarding potential 100-year flood effects associated with ephemeral washes will be conducted on the Selected Alternative. Results will provide information necessary to make a determination regarding what mitigation measures will need to be implemented. Measures may include physical structures associated with the freeway such as culverts. ADOT to oversee for compliance Waters of the United States WUS-1 ADOT will prepare and submit an application to USACE for a CWA Section 404 permit as appropriate, dictated by impacts on jurisdictional waters. If necessary, ADOT will submit a CWA Section 401 application to ADEQ. The permit conditions will be developed according to the current Memorandum of Agreement between USACE, ADOT, and FHWA. Work must not occur within jurisdictional waters until the appropriate CWA Section 401 certification and Section 404 permit is obtained. ADOT will be the signatory for this commitment (see Section DR 420.2.6.2 of the TPs for more details). 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 Retained Obligations WRE-11 A copy of the certificate authorizing permit coverage and a copy of the Notice of Termination acknowledgement letter will be sent to ADOT EPG, Glendale, Phoenix, Chandler, Goodyear, Tolleson, and Avondale, as appropriate, based on the location of project activities ADOT has the right to oversee Developer’s performance for compliance compliance. WRE-12 ADOT will comply with the State of Arizona Surface Water Quality Standard Rules (18 A.A.C. § 11). ADOT has the right to oversee Developer’s performance for compliance compliance. WRE-13 Water used for dust suppression will not contain contaminants that could violate ADEQ water quality standards for surface waters or aquifers and will not be discharged off site. ADOT will obtain the necessary permits for such activities. ADOT has the right to oversee Developer’s performance for compliance compliance. Floodplain FLD-1 Bridge structures will be designed to cross floodplains in such a way that their support piers and abutments will not contribute to a rise in floodwater elevation of more than a foot. ADOT has the right to oversee Developer’s performance for compliance compliance. FLD-2 Floodplain impacts will be minimized by implementing transverse crossings of the floodplain and avoiding longitudinal encroachments. ADOT has the right to oversee Developer’s performance for compliance compliance. FLD-3 The Maricopa County Floodplain Manager will be given an opportunity to review and comment on the design plans. ADOT has the right to oversee Developer’s performance for compliance compliance. FLD-4 On-site drainage design must be performed using the procedures in FHWA’s Urban Drainage Design Manual, Hydraulic Engineering Circular No. 22 (2009b, with revisions). ADOT has the right to oversee Developer’s performance for compliance 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 WRE-9 An analysis will be performed during the design process to determine whether it is possible to keep the Foothills Community Association well in its current location, but move the well controls and associated piping to outside of the R/W. ADOT retains this obligation. WRE-10 Existing irrigation canals affected by the freeway may be relocated to allow for conveyance of irrigation water (through installation of pipe, conduit, or extension) from one side of the freeway to the other. None retained; all delegated to Developer. WRE-11 A copy of the certificate authorizing permit coverage and a copy of the Notice of Termination acknowledgement letter will be sent to ADOT EPG, Glendale, Phoenix, Chandler, Goodyear, Tolleson, and Avondale, as appropriate, based on the location of project activities ADOT None retained; all delegated to oversee for compliance Developer. WRE-12 ADOT will comply with the State of Arizona Surface Water Quality Standard Rules (18 A.A.C. § 11). ADOT None retained; all delegated to oversee for compliance Developer. WRE-13 Water used for dust suppression will not contain contaminants that could violate ADEQ water quality standards for surface waters or aquifers and will not be discharged off site. ADOT will obtain the necessary permits for such activities. ADOT None retained; all delegated to oversee for compliance Developer. Floodplain FLD-1 Bridge structures will be designed to cross floodplains in such a way that their support piers and abutments will not contribute to a rise in floodwater elevation of more than a foot. ADOT None retained; all delegated to oversee for compliance Developer. FLD-2 Floodplain impacts will be minimized by implementing transverse crossings of the floodplain and avoiding longitudinal encroachments. ADOT None retained; all delegated to oversee for compliance Developer. FLD-3 The Maricopa County Floodplain Manager will be given an opportunity to review and comment on the design plans. ADOT None retained; all delegated to oversee for compliance Developer. FLD-4 On-site drainage design must be performed using the procedures in FHWA’s Urban Drainage Design Manual, Hydraulic Engineering Circular No. 22 (2009b, with revisions). ADOT None retained; all delegated to oversee for compliance 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 shall comply is responsible for performing and complying with and perform all obligations of the contractor and ADOT requirements, including the ADOT obligations, commitments, and responsibilities, identified in the following tableADOT, except to the extent of those requirements obligations that are specifically identified in below as being the third column, entitled “Description obligations of ADOT Responsibilities,” which are not delegated to DeveloperADOT.

ECR Number Environmental Commitment Record Requirements Description of ADOT. Responsibilities WRE-11 A copy FLD-5 The hydraulic design of the certificate authorizing permit coverage and a copy of the Notice of Termination acknowledgement letter will be sent to ADOT EPG, Glendale, Phoenix, Chandler, Goodyear, Tolleson, and Avondale, as appropriate, based on the location of project activities ADOT to oversee for compliance WRE-12 ADOT will comply with the State of Arizona Surface Water Quality Standard Rules (18 A.A.C. § 11). ADOT to oversee for compliance WRE-13 Water used for dust suppression will not contain contaminants that could violate ADEQ water quality standards for surface waters or aquifers and will not be discharged off site. ADOT will obtain the necessary permits for such activities. ADOT to oversee for compliance Floodplain FLD-1 Bridge structures will be designed to cross floodplains in such a way that their support piers and abutments will not contribute to a rise in floodwater elevation of more than a foot. ADOT to oversee for compliance FLD-2 Floodplain impacts will be minimized by implementing transverse crossings of the floodplain and avoiding longitudinal encroachments. ADOT to oversee for compliance FLD-3 The Maricopa County Floodplain Manager will be given an opportunity to review and comment on the design plans. ADOT to oversee for compliance FLD-4 On-site drainage design culverts must be performed using the procedures in FHWA’s Urban Drainage Hydraulic Design ManualSeries No. 5, Hydraulic Engineering Circular NoDesign of Highway Culverts (2012). 22 Other criteria include: • Culverts must be sized, at a minimum, based on the design discharge of a 50-year storm. • With the 100-year storm, water levels must not significantly increase the flood damage potential on areas outside of the proposed R/W or as noted in accordance with ADOT’s Roadway Design Guidelines (2009b2012a), Section 611.3.C. • Reinforced concrete box culvert and reinforced concrete pipe must be provided with revisions)adequate cover. • Outflow discharges from detention basins must not cause peak discharges downstream greater than peak discharges without the project. ADOT to oversee for compliance FLD-6 Comprehensive hydrologic, hydraulic, sediment transport, and erosion-related assessments regarding potential 100-year flood effects associated with ephemeral washes will be conducted on the Selected Alternative. Results will provide information necessary to make a determination regarding what mitigation measures will need to be implemented. Measures may include physical structures associated with the freeway such as culverts. ADOT to oversee for compliance Waters of the United States WUS-1 ADOT will prepare and submit an application to USACE for a CWA Section 404 permit as appropriate, dictated by impacts on jurisdictional waters. If necessary, ADOT will submit a CWA Section 401 application to ADEQ. The permit conditions will be developed according to the current Memorandum of Agreement between USACE, ADOT, and FHWA. Work must not occur within jurisdictional waters until the appropriate CWA Section 401 certification and Section 404 permit is obtained. ADOT will be the signatory for this commitment (see Section DR 420.2.6.2 of the TPs for more details). TP Attachment ▇▇▇-420-▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Project ▇▇▇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 WRE-11 A copy FLD-5 The hydraulic design of the certificate authorizing permit coverage and a copy of the Notice of Termination acknowledgement letter will be sent to ADOT EPG, Glendale, Phoenix, Chandler, Goodyear, Tolleson, and Avondale, as appropriate, based on the location of project activities ADOT to oversee for compliance WRE-12 ADOT will comply with the State of Arizona Surface Water Quality Standard Rules (18 A.A.C. § 11). ADOT to oversee for compliance WRE-13 Water used for dust suppression will not contain contaminants that could violate ADEQ water quality standards for surface waters or aquifers and will not be discharged off site. ADOT will obtain the necessary permits for such activities. ADOT to oversee for compliance Floodplain FLD-1 Bridge structures will be designed to cross floodplains in such a way that their support piers and abutments will not contribute to a rise in floodwater elevation of more than a foot. ADOT to oversee for compliance FLD-2 Floodplain impacts will be minimized by implementing transverse crossings of the floodplain and avoiding longitudinal encroachments. ADOT to oversee for compliance FLD-3 The Maricopa County Floodplain Manager will be given an opportunity to review and comment on the design plans. ADOT to oversee for compliance FLD-4 On-site drainage design culverts must be performed using the procedures in FHWA’s Urban Drainage Hydraulic Design ManualSeries No. 5, Hydraulic Engineering Circular NoDesign of Highway Culverts (2012). 22 Other criteria include: • Culverts must be sized, at a minimum, based on the design discharge of a 50-year storm. • With the 100-year storm, water levels must not significantly increase the flood damage potential on areas outside of the proposed R/W or as noted in accordance with ADOT’s Roadway Design Guidelines (2009b2012a), Section 611.3.C. • Reinforced concrete box culvert and reinforced concrete pipe must be provided with revisions)adequate cover. • Outflow discharges from detention basins must not cause peak discharges downstream greater than peak discharges without the project. ADOT to oversee for compliance FLD-6 Comprehensive hydrologic, hydraulic, sediment transport, and erosion-related assessments regarding potential 100-year flood effects associated with ephemeral washes will be conducted on the Selected Alternative. Results will provide information necessary to make a determination regarding what mitigation measures will need to be implemented. Measures may include physical structures associated with the freeway such as culverts. ADOT to oversee for compliance Waters of the United States WUS-1 ADOT will prepare and submit an application to USACE for a CWA Section 404 permit as appropriate, dictated by impacts on jurisdictional waters. If necessary, ADOT will submit a CWA Section 401 application to ADEQ. The permit conditions will be developed according to the current Memorandum of Agreement between USACE, ADOT, and FHWA. Work must not occur within jurisdictional waters until the appropriate CWA Section 401 certification and Section 404 permit is obtained. ADOT will be the signatory for this commitment (see Section DR 420.2.6.2 for more details). 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 WRE-11 A copy of the certificate authorizing permit coverage and a copy of the Notice of Termination acknowledgement letter will be sent to ADOT EPG, Glendale, Phoenix, Chandler, Goodyear, Tolleson, and Avondale, as appropriate, based on the location of project activities ADOT to oversee for compliance WRE-12 ADOT will comply with the State of Arizona Surface Water Quality Standard Rules (18 A.A.C. § 11). ADOT to oversee for compliance WRE-13 Water used for dust suppression will not contain contaminants that could violate ADEQ water quality standards for surface waters or aquifers and will not be discharged off site. ADOT will obtain the necessary permits for such activities. ADOT to oversee for compliance Floodplain FLD-1 Bridge structures will be designed to cross floodplains in such a way that their support piers and abutments will not contribute to a rise in floodwater elevation of more than a foot. ADOT to oversee for compliance FLD-2 Floodplain impacts will be minimized by implementing transverse crossings of the floodplain and avoiding longitudinal encroachments. ADOT to oversee for compliance FLD-3 The Maricopa County Floodplain Manager will be given an opportunity to review and comment on the design plans. ADOT to oversee for compliance FLD-4 On-site drainage design must be performed using the procedures in FHWA’s Urban Drainage Design Manual, Hydraulic Engineering Circular No. 22 (2009b, with revisions). ADOT to oversee for compliance TP Attachment ▇▇▇-420-▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Project ▇▇▇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 WRE-11 A copy Retained Obligations DIS-3 Private property owners will be compensated at market value for land and may be eligible for additional benefits. As for renters, HUD considers anything under a 6 percent rental vacancy rate as a “tight” rental market. The Rental Supplement is based on a calculation between the current rental plus utilities and the determined available comparable rental unit plus utilities times 42 months (if the amount of the certificate authorizing permit coverage and a copy benefit exceeds $7,200 the benefit would fall under the Last Resort Provisions of the Notice Uniform Relocation Assistance and Real Property Acquisition Policies Act of Termination acknowledgement letter 1970, as amended). This payment will be sent made available to assist with the difference in rent if the cost of replacement housing were to exceed the rental cost at that time (with conditions). See Article 5 of the Agreement for ADOT’s and Developer’s respective obligations. DIS-4 ADOT EPGwill provide, Glendalewhere possible, Phoenixalternative access to properties losing access to the local road network. In the event that alternative access could not be provided, ChandlerADOT will compensate affected property owners in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Goodyearas amended. See Article 5 of the Agreement for ADOT’s and Developer’s respective obligations. DIS-5 ADOT will coordinate with the local jurisdictions, TollesonMAG, and AvondaleValley Metro to identify opportunities to use excess R/W, as appropriatewhenever possible, based on for future park-and-ride lots and related public facilities. ADOT retains this obligation, except to the location extent of project activities ADOT to oversee for compliance WRE-12 the Developer obligations set forth elsewhere in the Contract Documents. Economics ECON-1 During construction, ADOT will comply coordinate with the State of Arizona Surface Water Quality Standard Rules (18 A.A.C. § 11). ADOT local businesses to oversee for compliance WRE-13 Water used for dust suppression will not contain contaminants that could violate ADEQ water quality standards for surface waters or aquifers and will not be discharged off site. ADOT will obtain the necessary permits for such activities. ADOT ensure reasonable access to oversee for compliance Floodplain FLD-1 Bridge structures businesses will be designed maintained during regular operating hours. None retained; all delegated to cross floodplains in such a way that their support piers and abutments will not contribute to a rise in floodwater elevation of more than a footDeveloper. ADOT to oversee for compliance FLD-2 Floodplain impacts will be minimized by implementing transverse crossings of the floodplain and avoiding longitudinal encroachments. ADOT to oversee for compliance FLD-3 The Maricopa County Floodplain Manager will be given an opportunity to review and comment on the design plans. ADOT to oversee for compliance FLD-4 On-site drainage design must be performed using the procedures in FHWA’s Urban Drainage Design Manual, Hydraulic Engineering Circular No. 22 (2009b, with revisions). ADOT to 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 is responsible for performing and complying with and perform all obligations of the contractor and ADOT requirements, including the ADOT obligations, commitments, and responsibilities, identified in the following tableADOT, except to the extent of those requirements obligations that are specifically identified in below as being the third column, entitled “Description obligations of ADOT Responsibilities,” which are not delegated to DeveloperADOT.