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Section 2: Architectural and Engineering Contracts

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Category 2.13.1 Hazardous Materials Initial Site Assessment

As described in Precertified, Category 2.13.1 applies to the identification of hazardous material concerns to support a transportation project's advanced planning, preliminary design and environmental documentation requirements under the National Environmental Policy Act (NEPA) or state equivalent. Category 2.13.1 - Hazardous Materials Initial Site Assessment reads as follows:

“Category 2.13.1 - Hazardous materials initial site assessment. This category includes the performance of an initial site assessment to identify known or possible hazardous materials and determine the potential for encountering them during project development. The assessment shall be in general accordance with the American Society for Testing and Materials Environmental Site Assessment standard practices, ASTM 1528 and ASTM 1527, or satisfy due diligence and appropriate inquiry requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The appropriate level of inquiry for assessing existing and previous land use is to perform a list search of regulatory databases and files, site visit and/or field surveys, and interviews shall be made with consideration of project design and right-of-way requirements. This category also includes the determination of whether additional research or investigation is necessary during subsequent stages of project development. The firm must employ one person with: (i) a minimum of one year of experience, performing Phase I environmental site assessments/hazardous material assessments; and (ii) working knowledge of pertinent federal, state and local environmental laws and regulations, ASTM standard practices for environmental site assessments, and hazardous material assessments/investigations."

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Limitations of Category

The description/requirements set forth in Category 2.13.1 do not apply to many other types of services related to hazardous materials. For example, sampling and analysis, LPST corrective action, remedial action design, hazardous material/waste management plans or asbestos consulting services for transportation project or facility management are not listed in the description of Category 2.13.1. Districts should request additional information for services other than initial site assessments. ENV-PPA can help districts develop non-listed category descriptions and requirements for hazardous material services.

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Services Provided by the Engineer

The TxDOT Architectural and Engineering Services Volume of Contracting Management Manual includes services to be provided by the engineer, typically referred to as Attachment or Exhibit B. For a hazardous materials initial site assessment, the engineer should provide the services in Table 6-1.

Anchor: #i1003077Table 6-1: Services to be Provided by the Engineer

Exhibit B - Services to be Provided by the Engineer

Social, Economic and Environmental Studies and Public Involvement (Function Code 120)

Hazardous Materials Initial Site Assessment

a.

The Engineer shall perform an initial site assessment to identify and determine the potential for encountering known or possible hazardous materials during project development and construction including possible environmental liability, increased handling requirements and costs, and construction worker safety in accordance with TxDOT Hazardous Materials Guidelines. The initial site assessment shall also be in general accordance with the American Society for Testing and Materials Environmental Site Assessment standard practices (ASTM E 1527 and ASTM E 1528) or equivalent [i.e., satisfies "due diligence" and "appropriate inquiry" requirements under the Comprehensive Environmental Response and Compensation Liability Act (CERCLA)].

b.

The Engineer shall determine the appropriate project-specific level of inquiry on each of the following components of an initial site assessment to be reviewed, assessed and/or documented:

1) project design and right-of-way-requirements

2) existing and previous land use

3) regulatory agency databases (list search) and files

4) site visit/field surveys

5) interviews.

c.

The Engineer shall determine, based on results of the initial site assessment, the need for additional investigation, considerations or coordination during project development and construction.

d.

When directed by the State, a project-specific proposal for an initial site assessment shall be prepared for approval prior to initiating work. When directed by the State, a separate, initial site assessment report shall be prepared. When directed by the State, a separate proposal for further assessment and/or environmental site investigation (Phase II Environmental Site Assessment) shall be prepared.

e.

A summary of the initial site assessment shall be included in the environmental document for the project.

f.

All appropriate supporting information shall be documented and furnished to the State.



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